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Last updated: April 5, 2024

Terms of Use

Agreement to our terms for Services and Website Use

We are RRAC LLC d/b/a Ranck Plumbing, Heating, AC & Excavation (“RANCK,” “we,” “us,” “our”) located at 2541 Marietta Ave, Lancaster, PA 17601. By accessing the website at https://ranckinc.com (the “Website”) (the Website and any associated services and tools together constitute the “Services”), you agree to be bound by this Website Terms of Use (these “terms”). These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and RANCK, concerning your access to and use of the Services and our website. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms. If you do not agree to all of the terms, please do not access or use the Services. Certain Features of the Services may require you to register for an account or otherwise provide personal information in order to access or use those features of the Services.

The Privacy Notice found at https://ranckinc.com /privacy-policy/ applies to your use of the Services and tells you how we use and protect the information we may collect from you.

BY USING, REGISTERING WITH OR OTHERWISE ACCESSING OUR SERVICES, YOU GIVE US EXPLICIT CONSENT FOR THE COLLECTION, USE, DISCLOSURE AND RETENTION OF YOUR PERSONAL INFORMATION BY US, AS DESCRIBED IN THESE TERMS AND IN OUR PRIVACY NOTICE. IF YOU DO NOT AGREE TO OUR POLICIES AND PRACTICES AS SET FORTH IN OUR PRIVACY NOTICE, PLEASE DO NOT USE, REGISTER WITH OR OTHERWISE ACCESS OUR SERVICES.

1. USE OF OUR SERVICES

We grant you the nonexclusive right to use the Services only for your personal use, subject to these terms. You are solely responsible for all content and other information that you submit via the Services (including any communications you make through the Services) and any consequences that may result from your content and other information. You must comply with applicable third party terms of agreement when using the Services (e.g. your wireless data service agreement). Your right to use the Services will terminate immediately if you violate any provision of these terms.

2. RESTRICTIONS ON USE

As a condition of your use of the Services, you agree that you will not:

  • Modify, copy, publish, license, sell, or otherwise commercialize the Services or any information or software associated with the Services (including, but not limited to, underlying technology, content, or source code);
  • Rent, lease or otherwise transfer rights to the Services;
  • Use the Services in any manner that could impair any of our websites or applications in any way or interfere with any party’s use or enjoyment of any such site or application;
  • Violate any contracts or laws, including intellectual property law;
  • Infringe any third-party right;
  • Distribute a virus, worm, contaminated file, Trojan horse, or any other technologies that may harm the Services or the interests or property of Services users;
  • Impose an unreasonable load on our infrastructure or interfere with the proper working of the Services;

Bypass measures used to prevent or restrict access to the Services.

3. FEES AND SERVICES

We may charge a fee for certain Services. If the Service you use incurs a fee, you’ll be able to review and accept terms that will be clearly disclosed at the time you purchase. Our fees are quoted in US Dollars, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

Our fees are non-refundable, and you are responsible for paying them when they are due. If you do not, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

4. SECURITY

We reserve the right at our discretion to take whatever action we find necessary to preserve the security, integrity and reliability of our network and back-end applications.

5. INTENDED AUDIENCE

This website is intended for adults only. This website is not intended for any children under the age of 13 years.

6. CHANGES TO THE SERVICES OR TERMS OF USE

We reserve the right to make changes to the Services and/or these terms from time to time. Any material changes will take effect when you next use the Services or after 30 days, whichever is sooner. If you do not agree to any change, please discontinue your use of the Services. No other amendment to these terms will be effective unless made in writing, signed by users and by us. We may discontinue the Services at any time, in our sole discretion, with or without notice to you.

7. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

8. FEEDBACK

You hereby agree that any testimonials, comments, ideas, suggestions or similar feedback that you provide to us through any medium regarding the Services (“Feedback”) may be used by us for any purpose, and that we may use, reproduce, distribute, publicly perform, publicly display, modify, maintain, support and create derivative works from your Feedback without limitations. You agree to assign and hereby assign to us all rights in and to the Feedback (including intellectual property rights, artist’s rights, or moral rights), and waive any and all claims and rights of any nature whosoever (including moral rights) that you may have with respect to the Feedback. In the event any rights you may have in the Feedback cannot be assigned or waived, you hereby unconditionally and irrevocably grant to us an exclusive, worldwide, fully-paid, royalty-free, sublicensable, transferable, assignable and perpetual license to use, reproduce, distribute, publicly perform, publicly display, modify, maintain, support, and create derivative works of such Feedback in any medium or format.

9. INTELLECTUAL PROPERTY & CONTENT

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services, as well as all rights under patent, trademarks, service marks, copyrights, logos contained therein, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Services and you will not remove, obscure or alter our copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by the Services.

  • Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute, modify, reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content) without our express written consent.
  • When providing us with content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights you have in the content, in any media known now or developed in the future, for any purpose, including, but not limited to, use in marketing materials or posting on social media channels. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.
  • We have adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of ours and/or others.

Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately.

10. DISCLAIMER OF WARRANTIES

WE DISCLAIM RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SERVICES. THE SERVICES, INCLUDING OTHER SERVICE(S) ACCESSED BY THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES. YOU ACCESS THE WEBSITE AND USE THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE ISE OF THE WEBSITE OR USE OF THE SERVICES. WE CANNOT GUARANTEE CONTINUOUS, ERROR-FREE OR SECURE ACCESS TO THE SERVICES OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NOTIFICATION FUNCTIONALITY IN THE APPLICATION MAY NOT OCCUR IN REAL TIME. SUCH FUNCTIONALITY IS SUBJECT TO DELAYS BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION, DELAYS OR LATENCY DUE TO YOUR PHYSICAL LOCATION OR YOUR WIRELESS DATA SERVICE PROVIDER’S NETWORK.

11. LIMITATION OF LIABILITY

We are not liable to you or any user for any use or misuse of the Services. This exclusion: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on the Services, from inability to use the Services, or from the interruption, suspension, or termination of the Services (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.

  • Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether based on contract, tort, negligence, strict liability or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, or (b) $100 US dollars.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so the disclaimers in the preceding section and the above limitations and exclusions of liability may not apply to you.

12. INDEMNIFICATION

You agree that you will indemnify and hold harmless us (RANCK) our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents, against and from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your conduct, your use of the Services, any alleged violation of these terms, and any alleged violation of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

13. COMPLIANCE WITH CERTAIN LAWS

Our Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Syria or any other country subject to United States embargo; or (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; and you will not export or re-export this Application to any prohibited country, person, end-user or entity specified by US Export Laws.

14. RELATIONSHIPS OF THE PARTIES

Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

15. ENTIRE AGREEMENT

This Terms of Use constitutes the entire agreement between you and RANCK and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and RANCK with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. RANCK may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

16. MISCELLANEOUS PROVISIONS

These terms and the other policies posted on or accessed by the Services constitute the entire agreement between you and us regarding the subject matter of these terms, superseding any prior agreements relating to that subject matter. To the extent permitted by applicable law, these terms shall be governed and construed in all respects by the laws of the State of Pennsylvania without regard to principles of conflict of laws. You agree that any claim or dispute you may have against us must be resolved by a state or federal court located in Lancaster County, Pennsylvania. You and RANCK agree to submit to the personal jurisdiction of the courts located within Lancaster County, Pennsylvania for the purposes of litigating all such claims or disputes, if we do not enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign these terms in our sole discretion in accordance with the notice provision below. Any section which, by its nature, should survive termination or expiration of these terms, will survive any such termination or expiration. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:

  • Ranck Plumbing, Heating, AC & Excavation
    2541 Marietta Ave, Lancaster, PA 17601
  • USER INQUIRIES: We will send notices to you via: (a) the Services, (b) the personal information you provide, or (c) registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.