TERMS OF USE

 

TERMS OF USE

Date of Last Revision: 12 May, 2020

RAINBOW STARLIGHT, LLC – TERMS AND CONDITIONS OF USE

Acceptance by Use

These are the terms and conditions that govern the relationship between you (“you” of “your” as contextually appropriate) and Rainbow Starlight, LLC (“RSLLC”, “we”, or “us” as contextually appropriate). By accessing and browsing the rainbowstarlight.com domain and any website extensions (collectively, the “RSLLC Website”) and/or utilizing any of its services, you are accepting these Terms and Conditions of Use (“Terms”) and the Privacy Policy, which is incorporated by reference into these Terms. By accepting these Terms you agree that you’ve read and understood them.

We reserve the right to change these Terms at any time. The date of last revision will be posted at the top of this page, and you are responsible for reading and evaluating the Terms as they are revised.

If you do not agree to the Terms, you are not permitted to browse the RSLLC Website and/or utilize any of its services.

General

These Terms and the Privacy Policy apply to all aspects of the RSLLC Website, including but not limited to all products, software, content, applications, and/or services offered via the RSLLC Website.

By accessing and browsing the RSLLC Website, YOU AGREE THAT YOUR USE OF THE RSLLC WEBSITE IS AT YOUR OWN RISK. RSLLC is not responsible for and may not regularly monitor the RSLLC Website. RSLLC is not liable for any personal injury or property damage, or any other harm or loss of any nature whatsoever, resulting from use and/or access of the RSLLC Website. You understand and agree you may be exposed to communications, including but not limited to public posts and posts by RSLLC, that may be inaccurate, objectionable, offensive, or indecent, and you agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against RSLLC with respect to the content.

By accessing and browsing the RSLLC Website, you agree to the following:

  • You are at least 18 years of age, or an emancipated minor, or have specific legal guardian or parental consent, and are fully able to enter into this legal, binding agreement, being the Terms.
  • You affirm that you are over the age of 16. The RSLLC Website is not intended for children 13 and under, and are not permitted use hereof.
  • You will not transmit any bugs, viruses, trojan horses, bots, scrapers, or any like or related programming through or to the RSLLC Website.
  • You will not alter, modify, or change the RSLLC Website or any portion of it, including security features, except as expressly permitted by RSLLC.
  • You will not engage in any illegal (contrary to applicable local, national and international laws) activities on, to, or through the RSLLC Website.

RSLLC will do its reasonable best to maintain the website and release accurate information through it. However, RSLLC cannot guarantee the accuracy or completeness of the RSLLC Website. RSLLC is not liable for any: (1) errors, mistakes, opinions, or inaccuracies with regard to content; (2) any interruption or cessation of transmission to or from our website; (3) any errors or omissions in any content or for any loss or damage of any kind resulting from the use of any content posted, emailed, transmitted or otherwise made available through the RSLLC Website; (4) any unauthorized access to our secure servers and the personal and/or financial information contained within; (5) any bugs, viruses, trojan horses and the like which may be transmitted to or through the RSLLC Website by any third party.

The RSLLC Website may contain links to third party websites. RSLLC has no control over, and assumes no responsibility for, the content of any third-party websites.

RSLLC has no control over and assumes no responsibility for any product, service or event offered by a third party through the RSLLC Website. RSLLC recommends using your best judgment and to exercise caution where appropriate.

RSLLC does not endorse and is not responsible for the opinions, recommendations, or advice of any users of the RSLLC Website. RSLLC cannot and will not be responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any type of communication on or through the RSLLC Website. RSLLC will not be a party to or monitor, and assumes no responsibility for, any communication or results of communication between you and a third party. RSLLC recommends using your best judgment and to exercise caution where appropriate.

Online Store Accounts

By registering an Online Store account, you agree to the following, as well as all other applicable terms, including those of third party vendors that sell our products for us via the RSLLC Website:

  • RSLLC cannot and does not warrant that product specifications, pricing, or other content on the RSLLC Website is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, RSLLC shall have the right to refuse or cancel any orders at its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge.
  • RSLLC is the seller for all items on the RSLLC Website. All items purchased from the RSLLC Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier or third party vendor that handles sales and shipping on our behalf.
  • If you have any questions in regard to your Online Store Account, please contact info@rainbowstarlight.com.

Account Termination

RSLLC reserves the rights to terminate any type of account at its sole discretion, without prior notice.

If you or your organization would like your account to be terminated, please email RSLLC’s support team at info@rainbowstarlight.com , subject line ‘Account Termination’. Deleting your account will not result in the deletion of public posts on the forums, or having your name disassociated with any such posts. Please see the Accounts section for information on how to request deletion of public posts.

Additional Terms

Permissions

Provided you abide by the Terms, RSLLC grants you permission to access the RSLLC Website for personal use and/or limited commercial use as expressly permitted herein.

Warranty Disclaimer

The RSLLC Website is provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, RSLLC, its owners, operators, officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the RSLLC Website and your use thereof.

Limitation of Liability

Under no circumstances, including but not limited to negligence, and to the extent that the following are able to be limited under applicable law, shall RSLLC, its owners, operators, officers, directors, employees or agents, but liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1) Use or inability to use the RSLLC Website, including without limitation use of or reliance on information available on this RSLLC Website, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance; (2) Errors, mistakes, opinions, or inaccuracies with regard to information available on the RSLLC Website; (3) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (4) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (5) Any interruption or cessation of transmission to or from the RSLLC Website; (6) Any bugs, viruses, trojan horses, bots, or the like, which may be transmitted to or through the RSLLC Website by us or by any third party; (7) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use on any content posted, emailed, transmitted, or otherwise made available via the RSLLC Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not RSLLC is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that RSLLC shall not be liable for the defamatory, offensive, or illegal conduct of any other user or third party and that the risk of harm or damage from the foregoing rests entirely with you.

The RSLLC Website is controlled and offered by RSLLC from its facilities in the United States of America. RSLLC makes no representations that the RSLLC Website is appropriate or available for use in other locations. Those who access or use the RSLLC Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnification

You agree to indemnify and hold harmless RSLLC and its owners, operators, officers, directors, employees, affiliates, assigns and agents, from and against any actions, claims, obligations, losses, liabilities, costs or debt, and expenses (including without limitation, attorney’s fees and costs) arising from or in connection with: (i) your use of and access to the website; (ii) your violation of any term or provision of these Terms and Conditions of Use; (iii) your failure to abide by applicable local, state, federal and international law; (iv) your violation of any other third party right, including but not limited to any copyright, trademark, property, or privacy right; (v) any claim that one of your online communications or private messages caused damages to a third party; or (vi) any breach of any representation, warranty, or agreement made by you in these Terms and Conditions of Use. This indemnification obligation survives these Terms and Conditions of Use and your use of this website.

You hereby release and waive any and all claims, liability, and causes of action against RSLLC arising from or in connection with your use of the RSLLC Website.

Copyright

All RSLLC graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of RSLLC or its affiliates in the United States and/or other countries. These trademarks, registered trademarks, and trade dress may not be used in connection with any product or service without the express written consent of RSLLC, or in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits RSLLC. All other trademarks not owned by RSLLC that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RSLLC. Unless otherwise specified, all software used on this site is the property of RSLLC or its affiliates and is protected by United States and international copyright laws.

Any other intellectual property, as well as any information and material that appears on the RSLLC Website belongs to RSLLC USA Distribution unless otherwise specified.

You agree not to copy and/or adapt the code used to generate the RSLLC Website and all the graphic material that it offers, including buttons, bars, fonts, logos, photographs or other material not specified under these Terms, without the express permission of RSLLC.

The RSLLC Website and all related websites, including those which offer services under its mark, are published and maintained by RSLLC in the United States.

Assignment

These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RSLLC without restriction.

Governing Law and Venue

The laws of the State of Colorado govern all matters arising out of or relating to these Terms and Conditions of Use, without giving effect to conflicts of law principles thereof. You submit to the exclusive jurisdiction if the state and federal courts of the State of Colorado for resolving any claim or dispute arising out of or relating to these Terms and Conditions of Use. You agree that: (i) the website shall be deemed solely based in the State of Colorado; and (ii) the website shall be deemed a passive website that does not give rise to personal jurisdiction over RSLLC, either specific or general, in jurisdictions other than the State of Colorado.

Entire Agreement

These Terms and Conditions of Use, together with the RSLLC Privacy Policy incorporated herein by reference, constitute the entire agreement between you and RSLLC with respect to the website, and supersede and replace any other agreement, document, correspondence, negotiation, conversation, or other written or oral understanding between you and RSLLC with respect to the subject matter of this agreement.

Severability

If any term or provision of these Terms is held void, invalid, inoperative, or otherwise unenforceable by a court of competent jurisdiction, then no other term or provision will be consequently affected, and the remaining terms and provisions will remain in full force and effect.

Miscellaneous

The captions contained herein are for reference purposes only and are not part of this agreement.

RSLLC reserves the right to discontinue any aspect of the website at any time.

RSLLC reserves all rights not expressly granted herein.

You agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action occurs. Otherwise, such cause of action is permanently barred.

Nothing in the Terms and Conditions of Use shall be deemed to confer any third-party rights or benefits.