Terms of Use

TERMS AND CONDITIONS

These Terms and Conditions are effective as of September 18, 2024.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OR IF YOU ARE DISSATISFIED WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

Welcome to RainbowAuthentics.com. The following terms and conditions (the “Terms and Conditions”) contain the terms and conditions applicable to you and your access to and use of this web site, www.rainbowauthentics.com, including the mobile version, if applicable (collectively, the “Online Store” or “Web Site”). The Web Site is operated by Rainbow Authentics, LLC. When used herein, the terms “we,” “us” or “our” include Rainbow Authentics, LLC.

1. Acceptance of Terms and Conditions

We ship USPS Priority Mail Flat Rate. Please note, additional shipping costs for rejected or returned packages are the responsibility of the customer.

2. Other Sources of Terms and Conditions

Promotions and Coupons. Certain provision of the Terms and Conditions may be superseded by expressly designated legal notices, rules or other terms located on particular pages of the Web Site, and, additionally in order to participate in or use certain services, promotions, discounts or coupons that may be run from time to time with respect to the Web Site (“Offer(s)”), you may be required to agree to additional or different terms and conditions (“Additional Terms”). Some Offers also may be subject to additional requirements or restrictions imposed by us or participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with the Offer or the exclusion of merchandise from an Offer which shall also be part of the Additional Terms. Certain merchandise, shipping methods, or costs, and/or delivery times may be modified or not available in connection with an Offer. Your redemption of the Offer or use of such pages constitutes your unconditional acceptance of the Additional Terms. If there is an actual conflict between these Terms and Conditions and any Additional Terms, the Additional Terms shall control and the non-conflicting provisions in these Terms and Conditions will continue to apply. For the sake of clarity, silence with respect to a particular term in either these Terms and Conditions or any Additional Terms does not constitute a conflict.

If an Offer does not contain Additional Terms, then only these Terms and Conditions apply. Under these Terms and Conditions, unless otherwise prohibited by law, any Offer: (a) is valid only at the store identified in the Offer and at no other store; (b) applies to in-stock merchandise only and not to gift cards or services; (c) is not valid for cash or cash equivalents; (d) is limited to one Offer per person, household, or address; (e) must be entered at checkout and/or in your account to be redeemed; (f) may not be combined with any other coupons or offers; (g) may only be used once; (h) expires on the later of one year from the date of issue or the date required by applicable law, and (i) cannot be reproduced, modified, sold or traded or used to pay any tax, such as sales tax, shipping, handling or any value added service. In addition, some Offers may be in the form of a voucher. If you purchase a voucher with a promotional value beyond the amount paid, you may redeem the voucher for the promotional value until the expiration date, or for the amount paid after the end of the applicable promotional period. We reserve the right to limit, change, or cancel any Offer or associated order, without prior notice, even after you have attempted to redeem the Offer or placed your associated order.

3. Use of the Web Site

The content and information posted by us on the Web Site may be used only for informational, personal or other purposes authorized by us. By accessing and using the Web Site, you represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Web Site does not violate any applicable law, rule or regulation. The Web Site is intended for use by residents of the United States (“U.S.”) or non-residents that agree to use the Web Site in accordance with U.S. laws, these Terms and Conditions and the Privacy Policy. By using the Web Site, you further represent and warrant that you (i) located inside the U.S., or (ii) are located outside the U.S. and agree to be bound by U.S. laws. Use of and access to the Web Site is void where prohibited.

4. Unauthorized Use

You may not use the Web Site for any unauthorized use or for any illegal or unlawful purpose. Any unauthorized use or violation of these Terms and Conditions may immediately and automatically terminate your right to use and access the Web Site and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Web Site. We may remove any unauthorized content, links, etc. without notice. Some examples of unauthorized, illegal or unlawful use of the Web Site include, but are not limited to:

  • Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, from/on the Web Site without our prior written consent;
  • Collecting usernames and/or email addresses of users without our prior written consent;
  • Using a framing or similar technique without our prior written permission;
  • Creating or maintaining any link from another Web Site to any page on the Web Site without our prior written permission in a manner that implies an association or endorsement by us of any third-party web site;
  • Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • Covering or obscuring the banner advertisements on the Web Site, if any, via HTML/CSS or any other means;
  • Any automated use of any system, such as using scripts to alter content;
  • Interfering with, disrupting, or burdening the Web Site or the networks, systems or services connected to the Web Site;
  • Using any automated system or software to extract data from the Web Site for commercial purposes (including “screen scraping”);
  • Attempting to impersonate another user or person at checkout or otherwise;
  • Using the account, username, or password of another user or disclosing your password, as applicable, to any third party or permitting any third party to access your account;
  • Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Web Site on behalf of that person, such as placing commercial content on the Web Site;
  • Using the Web Site for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes; or
  • Using the Web Site in a manner inconsistent with any applicable law, rule or regulation.

5. Products, Content and Specifications; Accuracy

All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. We do not endorse and have not verified the accuracy or reliability of any opinion or statement made on the Web Site by any third party, including but not limited to customers, manufacturers, distributors or suppliers of products and services sold through the Web Site, and product packaging and material may contain additional or different information. Always read labels, warnings, directions or other materials provided with the product before using. In addition, we may make changes to information about price, availability or other product attributes without notice. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

6. Shipping; Limitations; Acceptance

The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, republish, create derivative works from, post, transmit, distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. We reserve all rights not expressly granted in and to the Web Site’s content and services.

7. Use of this Web Site

When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We accept your order only upon shipment of the product. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. By placing an order, you agree that the products ordered are legal to possess and use where you intend to possess and use them and will be possessed or used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law and that you have the right to use any payment method that you provide to use. You may not order products with the intent to resell them. We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer, or to cancel any order, for any reason including after it is submitted. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we have the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we will refund any such charges within a commercially reasonable period of time after cancellation (the time it takes for your financial institution to process the refund may vary and is governed by your agreement with them).

8. Trademarks

Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered or unregistered trademarks, trade names and service marks of the Rainbow Authentics and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered or unregistered trademarks, trade names and service marks of their respective owners and its affiliates. Nothing contained on this Web Site, nor your access or use of this Web Site, grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of the Rainbow Authentics or such other owner.

9. Linking to this Web Site

Creating or maintaining any link from another web site to any page on this Web Site in a manner than implies endorsement or association by us without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.

10. Third Party Links

From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by Rainbow Authentics or their respective affiliates (“Third-Party Site”). All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site including any Third-Party Site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites including any Third-Party Site. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk. We recommend that you read the terms of use and privacy policies of each Third-Party Site that you access.

11. Inappropriate Material

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

12. DISCLAIMERS

TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THIS WEB SITE IS AT YOUR RISK. YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTS OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER RAINBOW AUTHENTICS, NOR ANY OF ITS RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER RAINBOW AUTHENTICS, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

13. LIMITATIONS OF LIABILITY

Neither Rainbow Authentics or any of their respective affiliates assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL RAINBOW AUTHENTICS OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.

14. Indemnity

You agree to defend, indemnify and hold Rainbow Authentics and each of their subsidiaries, affiliates, suppliers, and licensors and each of their respective officers, agents, partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, due to or arising out of (1) your use of the Web Site in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions (including, without limitation, any breach of your representations and warranties set forth herein); (2) any allegation that any content or other material, including User Communication, that you have submitted or transmitted to the Web Site or to us infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other rights of any party; (3) your violation of applicable law; and/or (4) your activities or omissions in connection with the Web Site.

15. Termination of Access or Account

You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.

16. Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions and your account on the Web Site are personal to you and may not be transferred or assigned. Our performance under these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by us with respect to such use. If any part of these Terms and Conditions is determined to be illegal, invalid, void or for any reason unenforceable then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall be unaffected and shall continue to be fully valid, binding and enforceable. For the avoidance of doubt, these Terms and Conditions apply solely to the extent permitted by law.

17. Entire Agreement

These Terms and Conditions, together with any additional terms and conditions or policies referred to and incorporated herein (including the Privacy Policy and/or additional terms applicable to various parts of the Web Site), constitute the entire understanding between you and us.

18. Additional Assistance

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at support@rainbowauthentics.com.

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