TERMS
OF USE
Welcome to the RAINPONCHOS.COM
website. If you visit or shop at RAINPONCHOS.COM,
you accept these conditions. Please read them
carefully.
Eligibility
You represent and
warrant either that you are eighteen (18) years of
age or older, or if you are under the age of
eighteen (18) that you are at least thirteen (13)
and are accessing and/or purchasing from the
RainPonchos.com site with the knowledge and consent
of your parent or legal guardian, who will also be
deemed to have agreed to this Agreement. Certain
parts of the Site may be subject in whole or in part
to heightened age and/or other eligibility
requirements.
Privacy
Please review our
Privacy Notice,
which also governs your visit to RAINPONCHOS.COM, to
understand our practices.
Electronic Communications
When you visit RAINPONCHOS.COM, send emails or texts
to us, you are communicating with us electronically.
You consent to receive communications from us
electronically. We will communicate with you by
email, text, telephone or by posting notices on this
site. You agree that all agreements, notices,
disclosures and other communications that we provide
to you electronically satisfy any legal requirements
that such communications be in writing.
Copyright
Except as otherwise expressly noted, all images,
illustrations, designs (including product designs),
graphics, icons, photographs, text, audio clips,
video clips, and other materials that appear as part
of the RainPonchos.com website as well as the
selection, arrangement and organization of the
foregoing and the Site as a whole (collectively,
"Content") are subject to copyright, trademark,
service mark, trade dress, and/or other intellectual
property rights or licenses, and rights of publicity
and privacy, all worldwide rights, titles and
interests in and to which are owned by or licensed
to the us or our suppliers.
All
content included on this site, such as text,
graphics, logos, button icons, images is the
property of RAINPONCHOS.COM or its content suppliers
and protected by United States and international
copyright laws. The compilation of all content on
this site is the exclusive property of
RAINPONCHOS.COM and protected by U.S. and
international copyright laws. This site or any
portion of this site may not be reproduced (except
as expressly noted below), duplicated, copied, sold,
resold, visited, or otherwise exploited for any
commercial purpose without express written consent
of RAIN PONCHOS PLUS. You are granted a limited,
revocable, and nonexclusive right to create a
hyperlink to the home page of RAINPONCHOS.COM as
long as the link does not portray RAINPONCHOS.COM,
its product or services in a false, misleading,
derogatory, or otherwise offensive manner.
You
may not (a) modify or create any derivative work
based on the Content or use the Content, in whole or
in part, for any commercial purpose or for any
public display, performance, sale, rental,
outsourcing or other commercial exploitation; (b)
remove or alter any copyright, trademark or other
proprietary notices from the Content; (c) transfer
the Content to another person; or (d) reproduce the
Content or the Site in whole or in part, except as
necessary, as expressly provided herein. You agree
to prevent any unauthorized copying of the Content.
We reserve all rights not expressly granted herein.
Trademarks
RainPonchos.com , Rain Ponchos Plus and other
RainPonchos.com graphics, logos, page headers,
button icons, scripts and service names are
trademarks of RAINPONCHOS.COM in the U.S. and/or
other countries. RAINPONCHOS.COM trademarks may not
be used in connection with any product or service
that is not a product of RAINPONCHOS.COM, in any
manner that is likely to cause confusion amongst
customers, or in any manner that disparages or
discredits RAINPONCHOS.COM or the parent company
RAIN PONCHOS PLUS. All other trademarks not owned by
RAINPONCHOS.COM which appear on this site are the
property of their respective owners who may or may
not be affiliated with, connected to, or sponsored
by RAINPONCHOS.COM. The RAIN PONCHOS PLUS and or
RAINPONCHOS.COM logo or other proprietary graphic or
trademark may not be used as a part of a link
without express written permission.
Reviews, Comments, Communications and Other Content
RAIN PONCHOS PLUS and RAINPONCHOS.COM may use
reviews, comments, photos and other content provided
by customers. If provided to RAINPONCHOS.COM, you
grant a nonexclusive, royalty-free, perpetual,
irrevocable and fully sub licensable right to use,
reproduce, modify, adapt, publish, translate, create
derivative works from, distribute and display such
content throughout the world in any media. You grant
RAINPONCHOS.COM the right to use the name you submit
in connections with such content, if chosen. You
represent and warrant that you own or otherwise
control all the rights to the content provided; that
the content is accurate; that the use of the content
does not violate this policy and will not cause
injury to any person or entity and that you will
indemnify RAINPONCHOS.COM for all claims resulting
for any content you supply.
Risk of Loss
All purchases are made pursuant to a shipment
contract. This means that the risk of loss for such
items pass to you upon our delivery to the carrier.
Product Descriptions
RAINPONCHOS.COM makes every attempt possible to be
accurate with each product description and image.
However, RAINPONCHOS.COM does not warrant that
product descriptions, or any other content of this
site is accurate, complete, reliable, current, or
error-free.
Pricing
Confirmation of pricing will be completed upon a
placed order. We do NOT charge your credit card
until after your order has entered the shipping
process. Despite our best efforts and due to
supplier price changes, a small number of the items
on our website may be priced incorrectly. If an
item's correct price is higher than our stated
price, we will, at our discretion, either contact
you for instructions before shipping or cancel your
order and notify you of such cancellation.
Site
Policies, Modification and Severability
Please review our other policies at Policies, posted
on this site. We reserve the right to make necessary
changes to our site, policies and these
Conditions of Use at any time.
Disclaimer/Limitation of Liability
The site, its
content, any information available on or through the
site are provided "as is and "as available" and
without any representations or warranties of any
kind, either express or implied to the fullest
extent permitted pursuant to applicable laws in
addition, we do not warrant or represent that your
use of the site, or the operation or function of the
site, any component thereof, or any services offered
in connection therewith will be uninterrupted or
error free; that defects therewith will be
corrected; or that the site or its server are free
of viruses other than harmful elements in addition,
certain information may be updated from a source
other than us and we do not assume any liability or
responsibility for the accuracy of such information.
We do not represent or warrant the truthfulness,
accuracy or reliability of any information or
content submitted or posted by users, nor do we
endorse any opinions expressed by or affiliated with
any user who has submitted content on the site.
We and our respective employees, directors,
officers, agents, representatives, vendors and/or
suppliers are not liable for any damages including
special, indirect, punitive, or consequential
damages of any nature resulting form any use of or
reliance on the content. The website materials or
information provided on or through the website or
any products purchased through the website,
including, without limitation, damages for lost
profits, loss of goodwill or loss of data, even f an
unauthorized representative us has been advised or
should have known of the possibility of such damage.
In no event will we be liable for any damages in
excess of the fees paid by you in connections with
your use of the site during the twelve month period
immediately preceding the date on which the claim
arose.
You
acknowledge, by your use of the site, that your use
is at your sole risk, that you assume full
responsibility for all costs associated with all
necessary servicing, repairs or replacement of any
equipment, hardware, software or data you use in
connection with your use of the site and that we
shall not be liable for any damages of any kind
related to your use of or inability to use the
website.
We make no
representation or warranty that the site, content or
any product offered or purchased through the site is
applicable or appropriate for use or access in
locations outside the United States.
Indemnification
You agree to defend, indemnify and hold us
harmless from and against any and all claims,
damages, costs and expenses, including attorneys'
fees, arising from or related to your use of the
Rain Ponchos Plus website.
Disclaimer
None of the reviews shall be subject to any
obligation of confidence on the part of Sierra
Trading Post and Sierra Trading Post shall not be
liable for any use or disclosure of any review.
Jurisdiction
These Terms of Use are governed by and shall be
construed in accordance with the laws of The
Commonwealth of Texas, without regard to any
conflict of law provisions. Any action or proceeding
arising out of or related to the Terms of Use, our
Privacy Notice, or your use of the website must be
brought in the state or federal courts of Texas and
you consent to the exclusive personal jurisdiction
of such courts.
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