Terms of Use

Effective: May 15, 2026  

Welcome to Rate Outdoors LLC. Please read these Terms of Use carefully. We provide website, mobile application, telephone ordering and interactive voice response services, or software applications that you download and other electronic services subject to the terms and conditions which set forth the terms for service and use below ("Terms"). We make the website mobile application, telephone ordering and interactive voice response services, or software applications that you download (collectively referred to as the “Site”) and the products and services we offer on it available to you subject to these Terms. By using the Site, you are accepting these Terms any modifications we make to them from time to time. You can review the most current version of these Terms at any time by clicking on the Terms link from the footer of any page of the Site. Please read these Terms carefully and completely. They describe our rights with respect to the Site and your rights and obligations with respect to your use of the Site. Do not use the Site if you do not want to accept these Terms  

The following Terms govern your use of the Site. You must be age 18 or older to use the Site. The following details provide information about your legal rights when using this Site.  

PLEASE READ THE TERMS BELOW CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS.   

YOUR ACCESS TO RATE OUTDOORS, LLC 

When you use the site of Rate Outdoors, LLC, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and services through Rate Furniture. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password.  

Rate Outdoors, LLC sells products, to adults only, who can purchase products with a credit card or other permitted payment method. We do not sell or market products for children under 18 years of age.   

We reserve the rights, at our sole discretion, to refuse service, remove or edit content, cancel orders, or terminate accounts for any or all of the Rate Outdoors, LLC products or services. In the event that Rate Outdoors, LLC denies you access to one or more Rate Outdoors, LLC products or services, the provisions in these Terms governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive such termination. 

 

 

CHANGE OF TERMS 

Rate Outdoors, LLC may, at its sole discretion, revise or add new terms to these Terms from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Rate Outdoors, LLC may give by any means, including, without limitation, by posting the revised Terms on the Rate Outdoors, LLC services. You are responsible for reviewing the Rate Outdoors, LLC services for any modifications to these Terms that may affect your rights or obligations. Any access or use by you of the Rate Furniture services after changes to these Terms will constitute your acceptance of the revised terms. 

ORDERS VIA THE SITE 

Products and Pricing: Rate Outdoors, LLC reserves the right to discontinue or change product specifications and prices without prior notice. Inadvertent errors in advertised prices are not binding on Rate Outdoors, LLC, and may be adjusted by Rate Outdoors, LLC any time. You placing an order and you receiving an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation. 

Information Your Provide When Placing Orders: You agree to provide true, accurate, current and complete information about yourself as prompted by the order submission process; and maintain and promptly update the data to keep it true, accurate, current and complete for purposes of delivery and servicing your order(s). 

  • You represent that you are at least over the age of 18 years old and of legal age to form a binding contract; and not a person barred from using our products under the laws of the United States, your place of residence, or any other applicable jurisdiction. 

  • You are responsible for all activities that occur arising from your Order or account with respect to the site.  

  • You agree that you shall monitor your Order and account to restrict use by minors, and you will accept full responsibility for any unauthorized use of our products by minors. 

  • You agree not to share your username or password with anyone, and you agree to notify us immediately of any unauthorized use of your password or any other breach of security. 

  • You agree not to create an order or account using a false identity or information, or on behalf of someone other than yourself from the site. 

  • You will not create an order, place an order or use an account for purposes of reselling Products or for any other unauthorized commercial purpose from the site. 

  • You agree not to create an order or account from the site if we have previously removed you, or we previously banned you from any of products or services. 

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your order or account and refuse any and all current or future use of our products and services. 

Submission of Order: By submitting an Order for a Product with us you: (i) agree to purchase that Product, (ii) represent that you are an authorized user of the Payment Provider Account provided, and (iii) represent that you are of legal age to use the Payment Provider Account provided. Each Order that you submit to us constitutes an offer to purchase. If you do not receive a message from us confirming receipt of your Order, please contact our Customer Service department at support@rateoutdoors.com. Our confirmation of receipt of your Order does not constitute our acceptance of your Order. We are only deemed to have accepted your Order once the Product(s) you ordered have been shipped.  Also, when you submit your Order, we may verify certain items before your Order if fulfilled, including your personal information, payment information, and creditworthiness. 

CUSTOMER FEEDBACK 

We are always happy to answer your questions and review your comments. All information, ideas, suggestions, or other communications you transmit to Rate Furniture concerning the materials or products of Rate Outdoors, LLC will be on a non-confidential and non-proprietary basis, subject to the provisions of our Privacy Policy, when relevant. Rate Furniture and its affiliates will be free to reproduce, use, disclose, and distribute such communications without limitation or obligation. You may also post reviews, comments, photos, and other content, provided that such content is not threatening, obscene, defamatory, an invasion of privacy, an infringement of intellectual property rights, or otherwise objectionable or likely to infringe upon the rights of third parties. 

For all of the content that you post or submit to Rate Outdoors, LLC, you grant Rate Outdoors, LLC a perpetual, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world through any media, including, but not limited to, the broadcast of such content on television. You grant Rate Outdoors, LLC and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply will not violate these Terms and will not cause injury to any person or entity, and that you will indemnify Rate Outdoors, LLC for all claims resulting from any content that you supply. Rate Outdoors, LLC has the right but not the obligation to monitor any activity and to edit or remove any content. Rate Outdoors, LLC takes no responsibility and assumes no liability for any content posted by you or by any third party. 

LINKS TO OTHER SITES AND SERVICES 

Links to other Internet sites and services operated by third parties, including Rate Outdoors, LLC vendors, do not constitute sponsorship, endorsement, or approval by Rate Outdoors, LLC of the content, policies, or practices of such linked sites or services. Rate Outdoors, LLC is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services. 

ELECTRONIC COMMUNICATIONS 

When you access or use the Rate Outdoors, LLC site, send e-mails to Rate Outdoors, LLC, or receive electronic communications from Rate Outdoors, LLC you are, and consent to, communicating with Rate Outdoors, LLC electronically. Rate Outdoors, LLC may communicate with you by e-mail or by posting notices on one or more of Rate Outdoors, LLC. You agree that all notices, disclosures, agreements, policies, and other communications that Rate Outdoors, LLC provides to you electronically satisfy any requirement that such communications be in writing. 

MOBILE SERVICES 

Rate Outdoor, LLC may include certain services that you may access through your mobile phone or other mobile device, including services that allow you to use your mobile device to place orders, receive and reply to messages from Rate Outdoor, LLC, and access certain other features (collectively, the "Mobile Services"). Rate Outdoor, LLC does not charge for Mobile Services. However, when you access or sign up for Mobile Services, you recognize, acknowledge, and understand that you may incur charges by your wireless carrier for all messages sent to you from Rate Outdoor, LLC, its affiliates or employees. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will Rate Outdoor, LLC, or any of its affiliates or employees, be responsible for any wireless e-mail, text messaging, or other charges incurred by you or by any individual who has access to your wireless device, telephone number, or e-mail address. Downloading, installing, using, or accessing certain Mobile Services may be prohibited or restricted by your mobile service provider, and not all Mobile Services may work with your device. You are responsible for confirming with your service provider whether the Mobile Services are available for your mobile device, whether any restrictions may be applicable to your use of the Mobile Services, and whether any charges may apply to your use of the Mobile Services. Note that premium charges may be applied on a one-time and/or a recurring basis and may be charged to you on your regular bill or deducted from any prepaid balances. By using the Mobile Services, you agree that Rate Outdoor, LLC may communicate with you through your mobile device and that certain information about your usage of the Mobile Services may be communicated to Rate Outdoor, LLC. If you change or deactivate your mobile telephone or other access number, you agree to promptly update your mobile subscription account information to ensure that the messages Rate Outdoor, LLC intends to send to you are not sent to another person. 

For Rate Outdoor LLC’s mobile alerts, you may unsubscribe at any time, and for any reason. To opt out of receiving Rate Outdoor LLC’s alerts that you do not wish to receive, you can reply to an alert with the word STOP. You can also contact Customer Service at 773-435-7596 during the hours of 9 a.m. to 5 p.m. central standard time, email us at support@rateoutdoors.com. to opt-out of communications, or mail a request to opt-out of communications to Rate Outdoors LLC, Customer Service, 3940 N. Ravenswood Ave, Chicago, IL 60613.  

 

 

MARKETING TEXT MESSAGING 

We provide marketing text messages (including SMS and MMS) for you.  If you opt in to receive these texts, you expressly consent to receive recurring, automated marketing messages from us at the phone number you provide.   

Consent is not a condition of purchase.   

Message and data rates may apply.   

Opt-out: You may opt out of marketing text messaging at any time by replying STOP in response to the number from which the text messages are being sent.  This will only opt you out of the specific text messaging associated with that phone number. You understand and acknowledge that terms other than STOP might not be recognized and that we are not responsible or liable for failing to process an opt out that uses a term other than STOP.  You further understand and acknowledge that a STOP request is not a company-wide “do not call” request.  You represent that you are the subscriber for the mobile phone number you provide.  You are responsible for notifying us immediately if you change or forfeit your number.  You agree to indemnify us in full for all claims, expenses, and damages, related to or caused in whole or in part by your failure to notify us if you are no longer the subscriber or if you change your phone number, including in connection to any claims under the Telephone Consumer Protection Act.   

You understand and acknowledge that access or delivery of messages and other network services are outside of our control, and that we are not responsible or liable for issues arising under them. 

CONSENT TO MONITORING AND RECORDING 

You acknowledge and agree that we and our third party vendors may record, monitor and use Your Content and other information about your interactions with our Services and the content of your communications with us (including phone calls to our representatives or your use of our online chat features) for training, quality assurance, research, development and other business purposes described in our Privacy Policy. 

CONTENT 

Copyright in the documents and material on Rate Outdoors LLC by or licensed to Rate Outdoors, LLC. Under the Terms, we grant you a limited, revocable, nonexclusive, license and right to access the Site through a generally available web browser or mobile device to view Content and information and otherwise use the Site consistent with its functionality and in accordance with these Terms. Any other use of the Site is strictly prohibited and a violation of these Terms.  We expressly reserve all intellectual property rights in all Content we own. 

 

 

RESTRICTIONS 

You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on the Rate Outdoor, LLC services are either the property of, or used with permission of, Rate Outdoors, LLC. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission is provided elsewhere on the Rate Outdoors, LLC Services. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained in the Rate Outdoors, LLC terms should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on Rate Outdoors, LLC without the written permission of Rate Outdoors, LLC or any third party that may own such trademarks or service marks. Rate Outdoors, LLC will aggressively enforce its intellectual property rights to the fullest extent of the law. The following activities and restrictions apply:  

  • You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit our products, including the Site; 

  • Except as expressly stated herein, you shall not copy, modify, reproduce, distribute, republish, download, display, post, repost, or transmit, in any forms or by any means, any part of our products from the Site; 

  • You shall not remove or destroy any copyright, trademark, service mark, or other proprietary rights notices or markings contained on or in our products from the Site; 

  • You shall not frame or use framing techniques to enclose any of our products, including any trademark or logo, (including images, text, page layout or form) from the Site; 

  • You shall not use any metatags or other “hidden text” using our Marks in the Site; 

  • You shall not modify, translate, adapt, merge, or make derivative works of any part of our products from the Site; 

  • You shall not with respect to the site use any manual or automated software, devices or other processes (including spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the site; 

  • With respect to operators of public search engines, please note that we grant revocable permission to use spiders to copy materials from the Website for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials. 

NO LIABILITY FOR CONDUCT OF THIRD PARTIES 

YOU ACKNOWLEDGE AND AGREE THAT NEITHER RATE OUTDOORS, LLC NOR ITS LICENSORS ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE WEBSITE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. 

LIMITATION OF CERTAIN DAMAGES 

FROM YOUR USE OF THE SITE, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL RATE OUTDOORS, LLC BE LIABLE FOR ANY: (i) LOSS OF PROFITS, REVENUE OR DATA; (ii) INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE; OR (iii) DAMAGES OR COSTS DUE TO PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS. 

CALIFORNIA USERS AND RESIDENTS 

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. 

FORCE MAJEUR 

We shall not be liable for any delay or failure to perform, including failure of our Site with respect to our services, resulting from causes outside our reasonable control. 

DISPUTE RESOLUTION 

Please read this section carefully. It affects your legal rights. It provides for resolution of most disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final, binding and subject to only very limited review by a court. This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general or representative action in arbitration or litigation to the fullest extent permitted by law. 

As referenced above, this Dispute Resolution section (including the arbitration agreement, class action waiver, and jury trial waiver) shall survive termination of the Terms. 

We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue through any lawful means, including in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law. 

 

 

Arbitration Agreement 

  • Binding Arbitration. This provision is intended to be interpreted broadly. Any dispute or claim arising out of or relating to these Terms, your use of the Rate Outdoors, LLC, or your relationship with Rate Outdoors, LLC or any past, present, or future subsidiary, parent or affiliate company or companies, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”), will be resolved through binding individual arbitration, except that either you or we may take a Dispute to small claims court so long as it isn’t removed or appealed to a court of general jurisdiction. Dispute shall include, but not be limited to: (1) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (2) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (3) any dispute or claim that may arise after termination of these Terms. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets and claims of piracy or unauthorized use of intellectual property. You and Rate Outdoors, LLC retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (1) issues that are reserved for a court in these Terms; (2) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (3) issues that relate to the arbitrability of any Dispute. These Terms and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and Rate Outdoors, LLC agree that these Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. 

  • Mandatory Informal Dispute Resolution Process. For any Disputes, whether pursued in small claims court or arbitration, the party initiating the Dispute must first give the other party an opportunity to resolve the Dispute by sending a written description of the claim to the other party (“Notice”). The Notice shall be personally signed by the party submitting the Notice (and the party’s counsel, if represented) and include: (1) a detailed description of the claims; (2) a detailed description of the relief sought, including a calculation for it; and (3) information sufficient to identify any transaction at issue. If you submit a Notice, you shall send it to Rate Outdoor, LLC, Attn.: Legal, General Counsel, 3940 N. Ravenswood Ave, Chicago, IL 60613. If we submit a Notice, we shall send it to the mailing address and/or email address we have on file for you. Upon receipt of a fully completed Notice, the parties agree to negotiate in good faith for a period of sixty (60) days in an effort to informally resolve the Dispute. At times, a telephone conference might be helpful to facilitate the resolution of a Dispute. If the party receiving the Notice requests a telephone settlement conference, you agree to personally participate (with your counsel if you are represented) and we agree that a Rate Outdoors, LLC representative will personally participate (with our counsel if we are represented). If the parties are unable to resolve the claim within sixty (60) days after receipt of a fully completed Notice, you or we may then pursue a claim in arbitration or in small claims court. Compliance with this Mandatory Informal Dispute Resolution Process is a condition precedent to initiating any formal proceeding in arbitration or in small claims court. Any applicable limitations periods (including statutes of limitations) shall be tolled while the parties complete this Mandatory Informal Dispute Resolution Process. A court of competent jurisdiction shall have the authority to enforce this Mandatory Informal Dispute Resolution Process and to enjoin the filing, prosecution of arbitrations, the assessment, and collection of any arbitration fees. Notwithstanding the foregoing, a party may also elect to raise non-compliance with this provision in arbitration, including with a process arbitrator or merits arbitrator if applicable. 

  • Arbitration Process. Either you or we may start an arbitration proceeding after completion of the Mandatory Informal Dispute Resolution Process set forth above. If you are initiating arbitration, you must send a letter requesting arbitration and describing the Dispute and relief sought consistent with the requirements below to begin arbitration. For service of process, the address is Rate Outdoors, LLC., 3940 N. Ravenswood Ave, Chicago, IL 60613, Attn: Legal Department. If we are initiating arbitration, we must send a letter requesting arbitration and describing the Dispute and relief sought consistent with the requirements below to the mailing address and/or email address we have on file for you. The arbitration of any Dispute shall be administered by and conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules and Supplementary Rules (as applicable) (“AAA Rules”), as modified by this arbitration agreement. The AAA Rules are available online at www.adr.org. You and we understand and agree that the AAA’s administrative determination that this arbitration agreement comports with the Consumer Due Process Protocol is final and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so. An arbitration demand must be accompanied by a certification of compliance with the Mandatory Informal Dispute Resolution Process and be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may request to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $10,000 or more, or injunctive relief, shall have a video or in-person hearing unless the parties agree otherwise. You and a Rate Outdoors, LLC representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one (1) person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party. 

  • Arbitration Fees. Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties. 

  • Additional Procedures for Mass Arbitration. You and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Mass Arbitration. If twenty-five (25) or more similar Disputes (including yours) are asserted against Rate Furniture by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the AAA’s resources. If your Dispute is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, terminated, or opted out of arbitration pursuant to this provision. 

  • STAGE ONE. If at least one hundred (100) Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for Rate Outdoors, LLC shall each select fifty (50) Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than one hundred (100) Disputes, all shall proceed individually in Stage One). Each of the one hundred (100) (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and Rate Furniture shall pay the mediator’s fee. 

  • STAGE TWO. If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Rate Outdoors, LLC shall each select one hundred (100) Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than two hundred (200) Disputes, all shall proceed individually in Stage Two). No more than five (5) cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and Rate Outdoors, LLC shall pay the mediator’s fee. 

  • Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment and collection of arbitration fees. The Additional Procedures for Mass Arbitration provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms. 

CLASS ACTION WAIVER/JURY TRIAL WAIVER 

You and Rate Outdoors, LLC each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement. 

To the fullest extent permitted by law, you and Rate Outdoors, LLC waive the right to a jury trial. 

COPYRIGHT INFRINGEMENT, DMCA 

In accordance with the Digital Millennium Copyright Act ("DMCA"), Rate Outdoors, LLC has designated an agent to receive notification of alleged copyright infringement occurring on the Rate Outdoors, LLC Services: 

DMCA Notification Agent 
Attn: Legal Department 

3940 N. Ravenswood Ave 

Chicago, IL 60613 

Email: support@rateoutdoors.com. 

 

Contents of Notice for DMCA 

The DMCA requires that all notices of alleged copyright infringement be in writing. For Rate Outdoors, LLC to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing Rate Outdoors, LLC of an alleged copyright infringement, you should: 

  1. Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works on a single Rate Outdoors, LLC site, application, product or service are involved, please provide a representative list of such works on that Rate Furniture site, application, product or service. 

  1. Describe the material that is claimed to be infringing and provide sufficient information to permit Rate Outdoors, LLC to locate that material. 

  1. Provide your contact information, including an address, telephone number, and, if available, an e-mail address. 

  1. Certify or include a statement that you have a good-faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law. 

  1. Certify that the information that you have provided Rate Outdoors, LLC is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed. 

  1. Include your physical or electronic signature. 

Rate Outdoors, LLC may not be able to act on your complaint promptly, or at all, if you do not provide the information above. 

MISCELLANEOUS 

These Terms contain the entire understanding of you and Rate Outdoors, LLC with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Rate Outdoors, LLC with respect to the subject matter hereof. The failure of Rate Outdoors, LLC at any time to enforce any of the provisions of these Terms will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Rate Outdoors, LLC to thereafter enforce each and every provision of these Terms. No waiver by Rate Outdoors, LLC of any breach of any provision of these Terms will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Terms is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Terms, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Terms. 

These Terms will be governed by and construed in accordance with the internal laws of the state of Illinois without regard to conflict of laws principles. Any suit brought under or in connection with these Terms may be brought only in the courts of the State of Illinois, or the U.S. District Court for the Northern District of Illinois , and Rate Outdoors, LLC and you consent to the personal jurisdiction and venue of such courts. 

CONTACT US 

Should you have additional questions about these Terms, please do contact us via email at support@rateoutdoors.com. You may also contact us by telephone at 773-435-7596 during the hours of 9 a.m. to 5 p.m. central standard time. Our mailing address is Rate Outdoors, LLC, 3940 N. Ravenswood Ave, Chicago, IL 60613.