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Visitor Agreement Welcome to the RAIN CLAN, LLC (“Rain Clan”) Terms and Conditions of Use Agreement (the “Agreement”). This Agreement describes the terms and conditions applicable to your use of the rainclancollection.com (“Site”). By accessing or using this Site, you intend to and expressly agree to be bound by all the terms and conditions of this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference. If you do not agree to these terms and conditions of use, please do not proceed with a transaction and do not use this Site. 1. Service Terms a. Use of Site. Rain Clan grants you a limited license to access this Site to view information on the Site and make purchases provided your use of the Site is solely for your personal, noncommercial use. You agree to not copy or distribute any part of the Site in any medium without Rain Clan prior written authorization. You further agree you will not alter or modify any part of the Site. The permission granted to you shall terminate automatically if you breach any of these terms and conditions. Rain Clan reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site; (b) modify or remove any materials or products listed on the Site (c) suspend your access to or use of all or any portion of the Site; and (d) terminate this Agreement. b. Prohibited Use of Site. You shall not make any commercial use of this Site or its contents, product listings, descriptions, or prices. You further agree not to download or copy any account information for the benefit of any merchant or use any data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Rain Clan. 2. Limitations a. Privacy. Rain Clan does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. Our current Privacy Policy is below. b. Accessibility. You agree that from time to time this Site may be inaccessible or inoperable for any reason; including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Rain Clan may undertake from time to time; or (iii) causes beyond the control of Rain Clan or that are not reasonably foreseeable. 3. Ownership of Intellectual Property a. Trademarks. The following trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks owned by Rain Clan. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademark displayed on this Site without the express written permission of Rain Clan. All other brand names not owned by Rain Clan on this Site are owned by their respective owners. You may not frame or utilize framing techniques to enclose any Trademarks, brand names, logos, or use any meta tags or any other “hidden text” utilizing Rain Clan Trademarks without the express written consent of Rain Clan. Any unauthorized use terminates the permission or license granted by Rain Clan. b. Copyrighted Works. Certain content contained on this Site including, but not limited to, images/video, photos, electronic art, animations, graphics, sounds/audio, information and data, communications programs, electronic mail services, and user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases are owned by or licensed to Rain Clan. Any other copyright protected content not owned by Rain Clan is owned by its respective owner. You agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any content (except for your personal noncommercial use) from the Site without the prior expressed written permission of Rain Clan. 4. Product Descriptions Rain Clan attempts to be as accurate as possible. However, Rain Clan does not warrant that the product descriptions, advertisements, or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered on this Site is not as described, your sole remedy is to return it to Rain Clan for a refund. Products displayed on this Site may not be available or discontinued, and products displayed on this Site are subject to change without notice. 5. Conditions of Sale a. Payment Terms. Payment terms are within Rain Clan’s sole discretion and, unless otherwise agreed to by Rain Clan, payment must be made at the time of purchase. Your order is subject to cancellation by Rain Clan at its sole discretion. Rain Clan is not responsible for pricing, typographical or other errors in any offer on the Site and Rain Clan reserves the right to cancel any orders resulting from such errors. b. Methods of Payment. By selecting Credit Card as a method of payment, you agree that you must be authorized to use the credit card presented as a method of payment. Prior to the purchase of any products on the Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card; (ii) your credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge your card. If Rain Clan does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Rain Clan or its agents. The final charges on your credit card may be different than those stated on the Site. b. Shipping Terms. All orders will be shipped UPS Ground (standard shipping) and the shipping and handling fees will be covered by Rain Clan on all standard shipping items. Loss or damage that occurs during shipping by UPS Ground is Rain Clan’s responsibility. You must notify Rain Clan within fourteen (14) days of the date of your order if you believe any part of your purchase is missing, incorrect or damaged. Shipping dates are estimates only. c. Returns, Refunds and Cancellations. Any refunds must be requested within fourteen (14) days of receiving the product. No refund will be issued following this fourteen (14) day period. To request a refund, please write a brief description as to why you are requesting a refund and send it, along with the unused portion of the product, to Rain Clan at the following address:
Rain
Clan, LLC Orders may be cancelled provided they have not already been shipped. To inquire about the status of your order, please e-mail us at mason@rainclancollection.com. 6. Links This Site may provide links to other web sites maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by Rain Clan with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site. You further acknowledge and agree that Rain Clan is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. RAIN CLAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any non-Rain Clan Site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site. If a third party links to this Site, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with Rain Clan. Rain Clan may not even be aware that a third party has linked to this Site. 7. Third-Party Content Any other content not owned by Rain Clan is owned by its respective owner. You acknowledge and agree that such content is provided by its owner and does not reflect any endorsement, affiliation, relationship, or sponsorship by Rain Clan with respect to the provider of such content. You further acknowledge and agree that Rain Clan is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any content provided by third parties including, without limitation, your reliance thereon. RAIN CLAN MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY CONTENT. 8. Submission of Confidential Information Do not use this Site as a means of submitting information you consider to be confidential or proprietary. Except as otherwise expressly provided herein or in a written agreement with Rain Clan applicable to your particular use of the Site, any submission of material by you will be considered a contribution to Rain Clan for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any material including, but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, photos, original or creative materials, or other information, provided by you in the form of e-mail or submissions to Rain Clan are non-confidential and shall become the sole property of Rain Clan. Rain Clan shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of this material for any purpose, commercial, or otherwise, without acknowledgment or compensation to you. The submission of any material to Rain Clan, irrevocably waives any and all "moral rights" in such materials, including the rights of attribution and integrity. 10. Disclaimer RAIN CLAN PROVIDES THIS SITE "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RAIN CLAN DOES NOT WARRANT THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. RAIN CLAN IS NOT RESPONSIBLE FOR YOUR USE OF THE INFORMATION DISPLAYED ON THIS SITE. YOU AGREE THAT USE OF THE PRODUCTS PURCHASED FROM THIS SITE SHALL BE AT YOUR SOLE RISK. RAIN CLAN PROVIDES THE PRODUCTS AVAILABLE THROUGH THE WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 11. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RAIN CLAN, ITS SUPPLIERS, AFFILIATES, CONTRACTORS, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND, IN CONTRACT OR TORT. IN NO EVENT SHALL RAIN CLAN’S TOTAL LIABILITY FOR ALL DAMAGES EXCEED THE AMOUNT OF MONIES PAID FOR THE PURCHASE OF PRODUCT ON THIS SITE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 12. Miscellaneous a. Amendment. Rain Clan may amend or modify the terms of this Agreement at any time for any reason without your consent and such amendment or modification will be binding. b. Events Beyond Rain Clan’s Control. Rain Clan shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of any third party, including, without limitation, third party intermediaries to perform, continue, or renew their contractual arrangements with Rain Clan, nor inability to perform occasioned by such or by labor strife, war, riot, bankruptcy, or other events beyond the control of Rain Clan. c.
Severability. If any provision of this Agreement is determined to be
illegal or unenforceable, then such provision will be enforced to the maximum
extent possible and the other provisions will remain fully effective and
enforceable. e. Law. This Agreement is made in and shall be governed by the laws of the State of Minnesota without reference to its conflict of laws provisions. f. Jurisdiction and Disputes. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. Should it be necessary to institute an action to enforce any of the terms contained in this Agreement, you agrees said action shall and must be instituted in Hennepin County District Court, State of Minnesota. You hereby waive any and all defenses based on lack of personal jurisdiction or forum non conveniens, and any right to recover statutory attorneys’ fees. g. Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement. h. Survival. The terms and provisions of the above-listed Sections shall survive any termination or expiration of this Agreement. i. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties and supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties. Privacy Policy Rain Clan LLC respects the privacy of visitors to our
site. Please read this Privacy Policy carefully so that you understand our
privacy practices. If you have any questions about this Privacy Policy, please
contact us. Children should always get permission from their parents
before sending any information about themselves (such as their names, email
addresses, and phone numbers) over the Internet, to us or to anyone else. If
you're under 13, please don't provide any personally identifying information
during your visit to www.rainclancollection.com. The information gathered by www.rainclancollection.com falls into
two categories: (1) information supplied by visitors to the site when they
register or initiate transactions, and (2) tracking information gathered as
visitors navigate through the www.rainclancollection.com site. Third party providers
featured on or linked to by our site, such as vendors of products and services
offered through our site, may be gathering the same kinds of information. The
information you provide us during a visit to www.rainclancollection.com helps us to
improve the quality and utility of our site. The more information you share with
us, the better we can serve your needs. When you purchase products, accessories, or additional services, we request the following information on our order form: · Name · Shipping and/or billing address · Credit card number or account number · Phone or fax number · Email address We need this information to process your order. If we have
trouble processing your order, the contact information you provide is used to
get in touch with you. We also use this contact information to provide you
updates regarding products and/or services. If you provide us your email address, from time to time we
may send you email about new products and services, or offers that we believe
will interest you. We may also share your email address with providers of
products or services that we think will interest you. Though we hope you'll find
this information useful, if you do not wish to receive such email, please
indicate, when you give us your email address, that you'd prefer not to receive
such information or offers. To help us tailor our site to the needs and interests of
our visitors, we keep track of the pages visited by our users by placing a small
entry in text file, called a cookie, on your hard drive. The cookie contains an
ID number that allows us to track the pages you've visited. We aggregate this
data with data on the pages visited by other users to track overall visitor
traffic patterns. We use this information to improve our site by making it more
responsive to the needs of our users. The help function on most browsers
contains information on how to set your browser to notify you before accepting a
cookie or to disable cookies entirely. However, if you don't accept cookies, you
won't be able to take advantage of various features on our site that is
available to other visitors. Our web server automatically collects your IP address when
you request pages from our server. Your IP address is a number that is used by
computers connected to the Internet to identify your computer so that data (such
as the web pages you request) can be sent to you. Your IP address does not tell
us who you are. We also collect information on the browser software you're using
to access our site so we can optimize our site for the most popular browsers.
And, because we like to know how you found our site, we keep track of where you
came from. Of course, our site includes links to other websites, and
provides access to products and services offered by third parties, whose privacy
policies we don't control. When you access another website or purchase products
or services or conduct other transactions through our website, use of any
information you provide is governed by the privacy policy of the operator of the
site you're visiting or the provider of such products or services. When you
provide information in the course of obtaining products or services through our
site, use of any information you provide may be governed by the privacy policy
of the provider of those products or services, even if it appears that you're on
www.rainclancollection.com pages throughout the transaction. The provider's privacy policy may differ from ours. If you
can't find the privacy policy of any of our provider partners via a link either
from the site's homepage or from the pages on which the products or services are
offered, you should contact the provider directly for more information. From time to time, we request information from users via
pop-up surveys. Participation in these surveys is completely voluntary; if you
don't want to provide the requested information, just don't respond to the
survey. The information we gather through these surveys will be used to improve
our site. The information we collect from our visitors is encrypted
for storage within a database we control. Physical access to the servers on
which we store visitor information is restricted. To protect the privacy of your
credit card number and other ordering information, our payment service encrypts this information
for transit over the Internet using a Secure Socket Layer ("SSL")
connection. However, as effective as encryption technology is, no security
system is impenetrable. We cannot guarantee the security of our database, nor
can we guarantee that information you supply won't be intercepted while being
transmitted over the Internet. Most web browsers allow use of an SSL connection. If your
browser does not support use of an SSL connection, or if you prefer not to send
your credit card number over the Internet, you can place your order by
contacting us. We may occasionally release information about our visitors
when release is appropriate to comply with law, to enforce our Visitor
Agreement, or to protect the rights, property or safety of visitors to our site,
the public or Rain Clan LLC. As our business grows, we may buy or sell
various assets. In the unlikely event that Rain Clan LLC or substantially
all of its assets are acquired by another company, information on our visitors
would be among the transferred assets. The Web is an evolving medium. If we need to change our
privacy policy at some point in the future, we'll post the new policy promptly.
If at any point we decide to use personally identifiable information in a manner
different from what was stated at the time it was collected, we will notify you
and give you an opportunity to opt out of the proposed use. By using
rainclancollection.com, you agree that your visit to our site, and any dispute over privacy,
is governed by this Privacy Policy and our Visitor Agreement. Rain Clan LLC provides
the information ("Materials") on or through this Web site
("Site") for informational purposes and use only. Rain Clan LLC retains
all copyrights on all Materials. This means that you may not: (1) distribute,
reproduce, publicly display or otherwise use the Materials for any public or
commercial use; (2) "mirror" or include Materials on your own Web
site, server or documents; (3) modify or use the Materials on this Site without
the express written permission of Rain Clan LLC; or (4) transfer the Materials to
another person unless you give them notice of, and they accept, the terms and
conditions of this Agreement. You may (a) print copies of the Materials for your
own personal use only; and (b) store the Materials on your own computer for your
personal use only. You must, without exception, retain all copyright and
proprietary notices contained in the Materials on all copies of the Materials
printed or downloaded. Please read the Copyright and Trademark Section of the
Visitor Agreement for additional terms and conditions. This Site and/or the Materials, including this notice and the Visitor Agreement, may be changed or updated at any time. You agree to abide by all additional and/or modified terms and conditions. Worldwide copyright laws and treaties protect this Site and the Materials. You agree to abide by these copyright laws and treaties. Except as expressly provided in this notice or the Visitor Agreement, Rain Clan LLC does not grant to you any right, express or implied, under any copyrights, trademarks, patents or trade secrets. Rain Clan LLC reserves all other rights. Copyright © Rain Clan LLC All rights reserved. Rain Clan, the Rain Clan logo are trademarks, registered trademarks and/or service marks of Rain Clan LLC. The names and logos of other third parties, their products and services names profiled herein, may be trademarks and/or service marks of their respective owners.
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