Reading and accepting the Terms and Conditions of Raindropwine.com (“Raindrop”) is required before using the website.
Use of Raindrop
While using Raindrop, you will not:
- post content of an inappropriate nature on the Sites; violate any laws, third party rights, or any of our policies;
- use Raindrop, if you are below the age of 18, if you are unable to form legally binding contracts, or if you are temporarily or permanently suspended from Raindrop;
- manipulate the price of any product or item listed on Raindrop;
- manipulate or circumnavigate our fees, our billing activities and processes, or fees owed to Raindrop;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- engage in any action that may weaken or sabotage the User Review or User Ratings System such as exhibiting, importing or exporting Review data off of Raindrop or by using it for some other purpose not related to Raindrop;
- transfer your Raindrop account to another party without our consent;
- distribute or post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes;
- use any form(s) of technology (at our sole discretion) that might cause harm to Raindrop, or to the interests or property of Raindrop users;
- duplicate, change, or disseminate content from Raindrop and our copyrights and trademarks; gather, compile, or in any way collect information about users, including email addresses, without first obtaining such user’s express consent;
- impersonate any person or entity, including without limitation a Raindrop employee or agent, or otherwise misrepresent your affiliation with any person or entity;
- register or use any email address that you do not own or for which you do not have the express permission of the owner to register with Raindrop.
By submitting communications or content to any part of this Site where such content would be viewable by the public (e.g. posting of a review etc), you are agreeing to such submission is non-confidential for all purposes. Any submission to this Web site will be deemed and remain the property of Raindrop. You grant or warrant that the owner of such content has expressly granted Raindrop a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, copy, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
Usage of Content
Unless otherwise indicated, all information contained on this web site, such as text, graphics, logos, button icons, images, audio clips, videos are copyrighted by and proprietary to Raindrop, and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Raindrop’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the website. The user may also make a single copy of the Content displayed on any page of the website to be used by the user for personal and non-commercial uses which do not harm the reputation of Raindrop, provided that the user does not remove any trademarks, copyright and any other notice contained in such content.
We may also use 3rd party information, photos, or videos from manufacturers for marketing or informational purposes of the products we sell on Raindrop. Any use of these 3rd party information, photos, or videos by a Raindrop user will require that they get the appropriate consent from the responsible 3rd party prior to using those 3rd party images or information.
All content included in or made available through any Raindrop Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Raindrop or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Raindrop Service is the exclusive property of Raindrop and protected by U.S. and international copyright laws.
Reviews, Comments, Communications, and Other Content
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Raindrop reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material to us, including, but not limited to, via email, through our website, via mail, in person, and unless we indicate otherwise, you grant Raindrop a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Raindrop and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Raindrop for all claims resulting from content you supply. Raindrop has the right but not the obligation to monitor and edit or remove any activity or content. Raindrop takes no responsibility and assumes no liability for any content posted by you or any third party.
Right To Refuse Service On All Orders
Raindrop reserves the right to refuse service to anyone at any time at our sole discretion. In the case where we discontinue service, we will continue to honor any warranty obligations as required by law.
Raindrop will ship International orders to all countries except Cuba, Iran, Syria, North Korea, Brazil and Spain (due to customs laws).
The customer is responsible for determining, managing and paying any and all taxes and duties associated with an International transaction through Raindrop. Raindrop will not pay and cannot quote taxes and duties. We will accept International prescriptions if the customer and prescribing doctor are residents of the same country and the prescription provided meets the guidelines set down by the country of origin. When required, prescriptions do not have to be in English, however, we reserve the right to request a translation if deemed necessary.
Raindrop reserves the right to refuse any International order it determines does not meet our requirements.
Warranties will be honored on all products purchased through Raindrop however the customer is responsible for any and all International shipping charges related to returning an item for repair, replacement, or service and if necessary, any and all International shipping charges for sending it back to the customer.
Limitation of Liability
Raindrop will not be held responsible by you for other user’s actions or inactions, including things posted by said users. Additionally, in no event shall Raindrop guarantee constant or secure access to our websites or services, and normal functioning of Raindrop may be interfered with or disrupted by numerous factors beyond the scope of our control. Also, according to the fullest extent permitted by law, we exclude all implied warranties, terms, and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, incidental or consequential damages arising out of your use of Raindrop. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to $100.
You agree to release Raindrop, trustees, officers, agents, directors, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, real or imaginary, arising out of or in any way connected to a dispute with Raindrop.
Access and Interference
Much of the information on the Raindrop website is updated in actual time and is exclusive to the owners or is licensed by third parties for our users to Raindrop. You agree that you will not use any robot, spider, scraper or any other automated means to access the Raindrop website for any purpose without first obtaining our express written permission.
You also agree that you will not:
- take any action, in our sole discretion, that imposes or might possibly impose an unreasonable or excessive load on the Raindrop framework;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from Raindrop without the prior expressed written permission of Raindrop and the appropriate third party, as applicable;
- interfere with or try to meddle, tamper, or obstruct the proper and correct functioning of Raindrop or any activities carried out on Raindrop; or
- circumvent or use any other method to bypass the security measures we may use to prevent or restrict access to Raindrop.
You may change and access the information you provide to us by logging in to your Raindrop account. We use third parties to check and certify the protection of your privacy. Please do not use Raindrop if you have any objections whatsoever to your information being transferred or used in the way described herein.
If you use this site and create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Raindrop does sell some products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Raindrop only with involvement of a parent or guardian. Raindrop reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Raindrop shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. Raindrop shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Raindrop shall issue a credit to your credit card account in the amount of the incorrect price.
Risk of Loss
All items purchased from Raindrop are made pursuant to a shipment agreement. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Raindrop attempts to be as accurate as possible. However, Raindrop does not warrant that product description or other content on this site is accurate, complete, reliable, current, or error-free. Please contact us to let us know if you find an error or discrepancy anywhere on Raindrop.
Insurance and Insurance Claims
Raindrop does not accept an assignment. We are not a provider for any insurance company or health care organization. Raindrop does not file any insurance claims for any reason.
You agree to indemnify and hold Raindrop, trustees, officers, agents, directors, subsidiaries, joint ventures and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, use of our website, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Raindrop by this Agreement.
Except as specifically stated elsewhere, legal notices shall be served on Raindrop’s national registered agent or to the email address you provide to Raindrop during the registration or ordering process. A notice shall be considered given 24 hours after email is sent unless the sending party is notified that the email address is invalid. Additionally, you may be served legal notice by mail to the address(es) on file with your Raindrop account. In such case, notice shall be considered given 72 hours after the date of mailing.
Resolution of Disputes
If a dispute arises between you and Raindrop, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Raindrop agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Ask a Question section. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Law and Forum for Disputes – This Agreement shall be governed in all respects by the laws of the State of Pennsylvania as they apply to agreements entered into and to be performed entirely within Pennsylvania between Pennsylvania residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against MyOxygenStore.com must be resolved by a court located in Montgomery County, Pennsylvania, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Montgomery County, Pennsylvania for the purpose of litigating all such claims or disputes
- Arbitration Option – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims – All claims you bring against Raindrop must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Raindrop may recover attorneys’ fees and costs up to $1000, provided that Raindrop has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
The following policies are incorporated into this Agreement and set forth additional terms and conditions that are related to specific services offered on the Site:
- Returns Policy
Each of these policies may be changed at any time. Changes take effect at the time they are posted on Raindrop. When you use various services on Raindrop, you are subject to any posted policies or rules applicable to those services. All such rules or policies posted on Raindrop are hereby incorporated into this Agreement.
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The section titles and headings in this Agreement are for reference or convenience only and have no legal or contractual effect and in no way limit the scope or extent of such section. Failure of Raindrop to take action in regards to a violation of this Agreement by you or others in no way waives our rights to take action with respect to subsequent or similar violations. In no way do we guarantee that we will take action against all violations of this Agreement.
We may make changes or amendments to this Agreement at any time by posting the amendments on Raindrop. All changes to this Agreement shall automatically become effective.