Terms and Conditions

YOU SHOULD READ THESE TERMS AND CONDITIONS BECAUSE THEY MAY LIMIT YOUR LEGAL RIGHTS

Acceptance of Terms. By using and accessing this website www.rainbearusa.com (the “Site), you agree to comply with and be bound by the following terms and
conditions (the “Terms and Conditions”) and all applicable laws. This Site is made available to you on the precondition that you accept all of the Terms and Conditions set forth herein. Royal Palm Enterprises LLC (“Royal Palm”) is the operator of this Site and may revise these Terms and Conditions at any time without prior notice by updating this posting. Your continued use of the Site will indicate your agreement to be bound by any such revisions. If you do not agree with these Terms and Conditions, please do not use this Site. You can view the most current version of the Terms and Conditions at any time by visiting this webpage. Please note that websites controlled by any affiliates, partners or representatives of Royal Palm may be governed by separate terms and conditions.

Limited License to Use Site Content. Royal Palm grants you a limited, personal, nontransferable, non-sublicensable, revocable license to use the Site Content (as defined below) solely for your personal, non-commercial purpose of placing an order on the Site or using the Site as a shopping resource. In consideration of this authorization, you agree that any copies of information obtained from this Site shall retain all copyright, trademark and all other proprietary notices. Royal Palm reserves the right to revoke this license at its sole discretion at any time and for any reason. Any other use of Site Content, including but not limited to any commercial use or reproduction, distribution, modification, adaptation, or republication is expressly prohibited. You shall not under any circumstance duplicate, copy, sell, resell, or exploit the Products (as defined herein) offered by Royal Palm and/or on the Site.

User Conduct. You agree that you will not use the Site to: (i) interfere with or disrupt the servers or networks connected the site, or disobey any requirements, procedures, policies, or regulations of networks connected to the services; or (ii) intentionally or negligently violate any applicable local, state, national, or international law, regulation, or ordinance. You will not attempt to interfere in any way with the Site’s or Royal Palm’s network security or attempt to use the Site’s servers to gain unauthorized access to any other computer system.

Site Content. All the information, including but not limited to, materials, data, designs, graphics, video files, animation files, text, source codes, and other content of the Site (the “Site Content”) and all intellectual property affiliated with the Site Content, including but not limited to copyrights, trademarks, service marks, and logos, is exclusively owned by Royal Palm and/or Royal Palm owns the exclusive rights to such Site Content. The collection, arrangement, and assembly of all Site Content is the exclusive property of Royal Palm and is protected by United States and international copyright laws or other intellectual property laws. Access to the Site does not confer upon anyone the license of any of Royal Palm’s or any third party’s intellectual property rights. Please note that the names and logos for Celebrate the Rain, RainBear and all of its Products are the subject of US trademark and/or patent protection. Any infringement of these rights, including copying any logo or Product, will be prosecuted to the fullest extent of the law
including punitive damages. You are expressly prohibited from using modifying, distributing, broadcasting, transferring, transmitting, uploading, licensing, selling, reverse engineering or creating derivative works from any trademarks or Site Content. You are also prohibited from using this Site for marketing purposes or to compete with Royal Palm.

United States Site. Royal Palm operates this Site from New York, United States of America and this Site is intended for use in the United States only. All materials and information contained on this Site apply to the U.S. only. Royal Palm makes no representation that the Site is appropriate for use outside the U.S. If you choose to access the Site from outside the U.S., you do so at your own initiative and are responsible for compliance with applicable laws. You agree to comply with all export and re-export laws, restrictions and regulations of your government in connection with your use of the Site.

Products. The products described in the Site (the “Products”) are offered for sale in the U.S. only. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only in the United States. The prices which are displayed are subject to change. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display and the colors of the Products offered on this Site. Because the colors you see depend on your monitor, Royal Palm does not guarantee that your monitor’s display of any color will be accurate. Modification to Offers. Royal Palm reserves the right to modify, suspend, or discontinue, with or without notice, any offer or discount presented by Royal Palm or on the Site. You agree that Royal Palm shall not be liable to you for any such modification, suspension, or discontinuation. Royal Palm reserves the right at any time after the receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. Royal Palm reserve the right, at its sole discretion, to limit the quantity of items purchased and/or to prohibit sales to dealers.

Links. This Site may contain links to third party websites not controlled by Royal Palm, including websites linked to Royal Palm retailers or manufacturers of products which can be used with Royal Palm Products. Royal Palm has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such third party websites and provides those links solely for the convenience of our visitors.

Additionally, Royal Palm does not, and has no ability to, edit or censor the content of any third party website. By clicking on links to these third parties, you agree to relieve Royal Palm from any and all liability arising from your use of, or the content of, any third party website. When using any third party website please take notice of when you are leaving Royal Palm’s website, and review the terms and conditions and privacy policy of such third party before beginning your use.

Linking and Crawling. If you would like to link to this Site, you must comply with the following: (i) you may not incorporate any content from this Site into your site; (ii) you may only link to, not replicate, the Site context; (iii) you may not use any Royal Palm trademarks, logos, designs or service marks in your links; (iv) you may not create the appearance of an affiliation or partnership with Royal Palm; and (v) your site may not contain offensive, obscene or illegal content.

Termination. Royal Palm reserves the right to terminate your use or access to the Site and to block or prevent future access, for any reason including violation of these Terms and Conditions. Any termination pursuant to this provision may be without prior notice and you agree that Royal Palm shall not be liable to you for such termination. Upon termination, all provisions which are intended to survive termination, all representations and warranties and all limitations of liability and indemnities shall survive such termination.

Designated Agent for Copyright Notification. If you believe that any content on this Site infringes your copyrights, please contact Royal Palm’s designated agent for receiving such notifications in writing as follows:

General Counsel
Royal Palm Enterprises LLC
P.O. Box 331 Lenox Hill Station
New York, NY 10021

Please include: (i) identification of the copyright work you claim to have been infringed; (ii) identification of the material that you claim to be infringing, including the location thereof; (iii) information reasonably sufficient for us to contact you; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or by law; and (v) a statement that the information contained within your notification is accurate.

Disclaimers. While Royal Palm attempts to ensure your access and use of the Site is safe, Royal Palm does not promise that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including hackers or denial of service attacks) or otherwise meets your needs.

As a result (i) THIS SITE IS PROVIDED ON AN “AS IS” BASIS AS TO BOTH THIS SITE AND ANY OF ITS PRODUCTS, ROYAL PALM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING OR USAGE OF TRADE AND NON-INFRINGEMENT; (ii) The information posted on the Site and in emails generated from the Site is given as of the date hereof and Royal Palm assumes no obligation to update or supplement this information to reflect any facts or circumstances which may hereafter come to its attention or any changes in laws which may hereafter occur; (iii) Royal Palm makes no warranty that: (a) the Site or the Products will meet your requirements, (b) the Site or the Products will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Site or the Products will be accurate or reliable, (d) the quality of the information or materials obtained by you through the Site or the Products will meet your expectations, or (e) any errors in the software will be corrected; (iv) Any material downloaded or otherwise obtained through the use of the Site or the Products is done at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download or receipt of any such material; (v) No advice or information, whether oral or written, obtained by you from Royal Palm, the Site, or the Products shall create any warranty not expressly stated in the Terms and Conditions; and the Products
of Royal Palm are fashion items to be used in the rain and are not guaranteed to block water or moisture or prevent water damage under any or all conditions.

Additionally, Royal Palm does not warrant, endorse or assume responsibility for any Product or service advertised or offered by a third party through the Site or any hyperlinked website or featured in any banner, and Royal Palm will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products or services.

Limitation of Liability. ROYAL PALM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR DATA, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR ANY OTHER DAMAGES WHATSOEVER, EVEN IF ROYAL PALM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER ARISING IN CONTRACT, NEGLIGENCE OR TORT IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE OR ANY ROYAL PALM PRODUCT. NOT WITHSTANDING THE FOREGOING, ROYAL PALM WILL HAVE NO LIABILITY RESULTING FROM (a) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, OR OF ANY PERSONAL INFORMATION OR USER DATA; (b) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE, AND (c) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY. IN NO EVENT WHATSOEVER, SHALL ROYAL PALM’S AGGREGATE LIABILITY FOR ALL CLAIMS WHETHER IN CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY EXCEED ONE THOUSAND U.S. DOLLARS ($1,000).

Applicable local law may not allow the Limitation of Liability set forth above, so this limitation may not apply to you.

Comments. Royal Palm welcomes your comments and feedback regarding this  Site and its Products. Please note that all comments, suggestions, ideas, materials, information, product designs, solicitations, and concepts, and other submissions disclosed, submitted or offered to Royal Palm (all “Comments”) using this Site or otherwise are NOT CONFIDENTIAL and will remain Royal Palm’s property. The disclosure, submission or offer of any Comment will constitute an assignment to Royal Palm of all worldwide rights, title, interest and goodwill in the Comments without payment of any compensation. Your Comments must not violate the rights of any third party, and must not contain any libelous, abusive, obscene or unlawful material.

Customer Service, Shipping and Returns. Royal Palm shall ship products as it sees fit.

Governing Law. Any dispute arising by virtue of your access to or use of the Site or the Products offered by Royal Palm or arising from or relating to these Terms and Conditions shall be governed by New York law and (with the exception for breach of confidentiality or breach of intellectual property rights) will be settled by binding arbitration and administered by the American Arbitration Association (“AAA”) in accordance with its then-current Commercial Arbitration Rules, before an arbitrator having at least ten (10) years of legal experience.  The place of arbitration shall be in New York, New York. No arbitration may be filed unless, and until, the parties have pursued good faith negotiation and mediation.  The arbitrator may award monetary damages, injunctive relief and rescission. The arbitration award will be final and binding regardless of whether one of the parties fails or refuses to participate in the arbitration. 

The arbitrator shall not have the power to amend these Terms and Conditions in any respect, to disregard any limitations of liability or award exemplary or punitive damages.  Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration.  Judgment may be entered by any court having jurisdiction thereof.  Disputes arising out of breach of confidentiality or breach of intellectual property rights shall be subject to the exclusive jurisdiction of the courts of the county of New York, New York, USA.

Contact Information. Any questions regarding these Terms and Conditions should be directed to: info@rainbearusa.com .

General Information. The Terms and Conditions, together with any additional terms to which you agree when using particular functions of the Site, constitute the entire agreement between you and Royal Palm and govern your use of the Site. You are responsible for periodically checking this Site for any changes to these Terms and Conditions. The failure of Royal Palm to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. No employment, partnership, and/or agency of joint venture relationship exists between Royal Palm and you as a result of your use of this Site. If any provision of the Terms and Conditions is found to be invalid by a court of competent jurisdiction, the  the applicable provision, and the other provisions of the Terms and Conditions shall remain in full force and effect. Under no circumstances will Royal Palm be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. Royal Palm may assign its rights and obligations under these Terms and Conditions, including in connections with a merger, acquisition, sale of assets or equity, or by operation of law. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose.
Effective date: September 1, 2018