Welcome to the Rachel Erin website, www.rachelerin.com (the “Rachel Erin Website”), owned and operated by Rachel Erin, LLC. (“Rachel Erin”). Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the Rachel Erin Website and Rachel Erin’s services, applications, content and products (collectively, the “Site”). Please read the following terms and conditions of use, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site.
IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN A JURY TRIAL WAIVER AND REQUIRE DISPUTE RESOLUTION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS TO RESOLVE CLAIMS. PLEASE SEE THE DISPUTE RESOLUTION SECTION (INCLUDING SUBSECTIONS) FOR COMPLETE DETAILS AND REVIEW CAREFULLY.
Rachel Erin reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. Rachel Erin provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is Rachel Erin property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Rachel Erin. Rachel Erin grants you a personal, limited, nonexclusive, non-transferable license to access the Site and to use the information and services contained here solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site and have the right to change these rules and/or limitations at any time, in our sole discretion
DISPUTE RESOLUTION
PLEASE READ THIS ENTIRE DISPUTE RESOLUTION SECTION (INCLUDING ALL SUBSECTIONS) CAREFULLY AS THIS SECTION LIMITS THE MANNER IN WHICH YOU AND RACHEL ERIN CAN SEEK RELIEF FROM EACH OTHER.
Rachel Erin values our customers and seeks to resolve disputes informally where possible. Before filing any lawsuit or serving any demand relating to a Claim, you agree to first send a detailed notice (“Notice”) to Rachel Erin by email to the contact information found within this site within the applicable statute of limitations. Your Notice must contain all of the following information: (1) your full name; (2) your address; (3) your telephone numbers; (4) your email address; (5) information sufficient for Rachel Erin to identify any transaction and/or product at issue; and (6) a detailed description of your Claim, the nature and basis of your Claim(s), and the nature and basis of the relief you are seeking with a calculation for it.
Likewise, Rachel Erin agrees that if we have a dispute with you, we will first send a detailed Notice to your e-mail address on file from the Site. Rachel Erin’s Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue; and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for any desired monetary relief.
You and Rachel Erin agree to negotiate in good faith, for a period of at least 60 days from the date of the Notice, in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should Rachel Erin request a telephone conference with you in an effort to resolve your claim as part of this informal process, you agree to personally participate (with your counsel if you are represented). Compliance with and completion of this Mandatory process is a condition precedent to filing any lawsuit or serving any other demand. You and Rachel Erin agree that any action commenced in court or otherwise without first exhausting the mandatory Resolution process shall be defective and subject to dismissal at the cost of the party found to have prematurely commenced the action. A court shall have the authority to enjoin the filing of any lawsuit concerning a Claim without first providing a Notice or other participating in good faith in this Mandatory Informal Pre-Suit Resolution process.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND RACHEL ERIN AGREE THAT ANY CLAIM RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. CLASS ACTIONS AND ANY OTHER CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN ANY SUCH ACTION. You agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. Class actions, private attorney general actions, and other consolidated actions are not allowed. Claims regarding the enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. Together, the terms in this paragraph shall be called and operate as the “Class Action Waiver.”
Where permissible, and to the fullest extent permitted by applicable law, claims must be brought in court, and only on an individual basis in accordance with the class action waiver. To the extent permissible under applicable law, any such cases shall be decided by a judge and not a jury; the parties mutually waive their right to have their claim decided by a jury.
By visiting this Site, you agree that applicable federal law, and the laws of the State of Nevada, without giving effect to any conflict of law provisions, shall govern any proceeding that occurs in arbitration. In the event any claim is found not to be arbitrable, normal choice-of-law rules shall apply to any proceeding brought in state or federal court.
PROHIBITED USES
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. Rachel Erin specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following
- Posting any information which is incomplete, false, inaccurate or not your own
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol
- Communicating, transmitting or posting any trade secrets, copyrighted material or intellectual property unless you own it.
- Attempting to interfere in any way with the Site’s or Rachel Erin’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
- Communicating, transmitting or posting material that is in violation of applicable laws or regulations
- Using the Site to harass, disrupt, or unlawfully interfere with Rachel Erin business interests
WEBSITE RULES
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice.
SECURITY RULES
Violations of system or network security may result in civil or criminal liability. Rachel Erin investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
- Accessing data not intended for you or logging on to a Rachel Erin server or account that you are not authorized to access
- Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site
- Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site
- Uploading viruses to the Site or through contact emails
INTERNATIONAL USE
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Please refer to the International Orders page on the Site for more information. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
NO GUARANTEES/WARRANTIES
Although Rachel Erin has made every effort to display our products and their colors, textures and appearance as accurately as possible, the displayed attributes of the products depend upon the monitor of the user, and Rachel Erin cannot guarantee that the user’s device will accurately portray the actual attributes of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. Rachel Erin does not warrant the accuracy of customer product ratings, comments or feedback.
Rachel Erin makes no warranties of any kind regarding any non-Rachel Erin sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Rachel Erin makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Rachel Erin sites. Rachel Erin does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
USER CONTENT
By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Rachel Erin, you will furnish Rachel Erin any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold Rachel Erin and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
RACHEL ERIN HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST RACHEL ERIN FOR SUCH REMOVAL AND/OR DELETION. RACHEL ERIN IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.
LIMITATIONS OF LIABILITY
Rachel Erin publishes information on its Site as a convenience to its visitors. While Rachel Erin attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Rachel Erin products described on the Site may not be available in your region. Rachel Erin does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” RACHEL ERIN DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RACHEL ERIN DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. RACHEL ERIN MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
INDEMNIFICATION
You agree to defend, indemnify and hold Rachel Erin, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.
GENERAL
These Terms constitute the entire agreement between you and Rachel Erin and govern your use of the Site, and they supersede any prior agreements between you and Rachel Erin. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Rachel Erin may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Rachel Erin’s sole discretion you fail to comply with any provision of these Terms.
Any claim or cause of action you may have with respect to Rachel Erin or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of Rachel Erin to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please refer to our Contact Us page.
All users specifically agree to the Privacy Policy as found on this site.