Terms & conditions for using the Rainbow Play Systems swing set website

Introduction

Rainbow Play Systems, Inc. (“Rainbow”) created and maintains this website to provide information to and communicate better with consumers who may be interested in learning more about Rainbow, Rainbow® products and/or Rainbow’s exclusive network of independently owned Rainbow Factory Direct Showrooms. You may use this website, provided that you comply with these Terms and Conditions.

Your Acceptance Of These Terms And Conditions

Please take a few minutes to carefully review these Terms and Conditions. By accessing and using this website you agree to follow and be bound by these Terms and Conditions. If you do not agree to follow and be bound by these terms and conditions, you may not access, use and/or download materials from this website.

These Terms And Conditions May Change

Rainbow reserves the right to update or modify these Terms and Conditions at any time without prior notice by updating this posting. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions every time you use this website. These Terms and Conditions are effective January 1, 2006 and were last revised on that date.

Copyright Notice And Limited License; Restrictions On Use

Everything you see and hear on this website (the “Content”), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, if any, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by Rainbow Play Systems, Inc. or by one of its affiliates, or by third parties who have licensed their materials to Rainbow. The entire Content of this website is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. Rainbow owns the copyright in the selection, coordination, arrangement and enhancement of the Content.

Materials from http://rainbowplay.com (and any other website owned, operated, licensed, or controlled by Rainbow or any of its related, affiliated, or subsidiary companies, if any, (together, “Rainbow”)), may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without Rainbow’s prior written consent. EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only or to further your business dealings with Rainbow or one of its independently owned Factory Direct Showrooms, provided that you:

Do not publish, post or hyperlink to any part of the Content on any other Internet website (including, without limitation, eBay or any other internet auction website) without obtaining the prior written consent of Rainbow;

Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of Rainbow; and

Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality as modification or use of the materials for any other purpose violates Rainbow’s intellectual property rights.

Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content of this site without first obtaining written permission from Rainbow.

No right, title or interest in the downloaded Content is transferred to you when you download Content from this http://rainbowplay.com. Rainbow reserves all intellectual property rights in any Content you download from this website.

The material in this website is provided for lawful purposes only. Possible evidence of use of this website for any illegal purposes will be provided to the proper law enforcement authorities.

Rainbow products and services are available in many parts of the world. However, the Rainbow website may describe products and services that are not available worldwide.

Trademark Notice

All of the trademarks, service marks and logos displayed on this website (the “Trademark(s)”) are registered and unregistered trademarks of Rainbow, one of its affiliates, or third parties who have licensed their Trademarks to Rainbow or to one of its affiliates. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining Rainbow’s written permission.

Links To Other Websites

This website may contain hyperlinks to websites that are not directly operated, maintained and/or controlled by Rainbow, including without limitation websites maintained by independently owned Rainbow Factory Direct Showrooms. To the extent that these websites reference or contain information about products not designed, manufactured and/or distributed by Rainbow, these hyperlinks do not imply, whether explicitly or implicitly, any endorsement of any such products not designed, manufactured and/or distributed by Rainbow.

Website Privacy Policy

View the Rainbow Website Privacy Policy.

Submission Of Unsolicited Ideas

Rainbow welcomes your comments and feedback regarding this website. All information and materials, including comments, ideas, questions, designs, and the like, submitted to Rainbow through this website will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas or original artwork.

By submitting information or materials to Rainbow through this website, you assign to Rainbow, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. Rainbow will be entitled to use any information or materials you submit through this website for any purpose whatsoever, without restriction and without compensating you in any way. You acknowledge that you are responsible for whatever material you submit, and that you, not Rainbow, has full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Disclaimer Of Warranties

This website is provided on an “as is,” “as available” basis, without warranties of any kind. To the fullest extent possible pursuant to applicable law, rainbow and its affiliates disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, rainbow does not represent or warrant that this website will be available at any particular time or location or that its operation will be uninterrupted or error free. Rainbow does not represent or warrant that the content of this website is free of viruses, worms or other code that may manifest contaminating or destructive properties. Users are responsible for protecting themselves by installing, updating and running anti-virus programs. Information published on this website may be incomplete or outdated and may contain inaccuracies or typographical errors. Rainbow does not warrant or make any representations regarding the use, validity, accuracy, currency or reliability of, or the results of the use of, or otherwise respecting this website or any information published on this website.

Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Limitation Of Liability

Your use of this website is at your sole risk. Under no circumstances, shall rainbow, its affiliates or any of their respective directors, officers, employees, or agents, be liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use this website or your reliance on any information provided on this website. This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether direct or indirect, general, special, incidental, consequential, exemplary or otherwise, including without limitation, loss of data, revenue or profits. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis and even if an authorized representative of rainbow or its affiliates has been advised of or should have known of the possibility of such damages.

Some states do not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of rainbow and/or its affiliates under such circumstances for liabilities that otherwise would have been limited shall not exceed the lesser of (i)the amount that you paid to access this website; or (ii)one hundred dollars ($100.00).

Termination

Rainbow or you may terminate this agreement at any time. You may terminate this agreement by destroying: (i)all materials obtained from Rainbow’s website at http://rainbowplay.com and (ii)all related documentation and all copies and installations (together, the “Materials”). Rainbow may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all Materials.

Governing Law And Jurisdiction

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of South Dakota, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Rainbow with respect to your access to and/or use of this website.

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