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CUSTOMER SERVICE / Policies/Terms of Use
 
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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Rain Ponchos Plus
P.O. 394
Keller Texas  76244

T:  800-568-1008

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