TERMS AND CONDITIONS
Effective Date: October 13, 2016
NOAH Rainwear (“we” or “us”) operates the website located at www.noahrainwear.com (the “Site”). The use of our Site is subject to the following Terms and Conditions.
Please read these Terms and Conditions carefully. These Terms and Conditions create a binding legal agreement between you and NOAH Rainwear. If you do not agree to these Terms and Conditions, please do not use our Site in any way.
When you visit our Site or send us e-mails, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices to this Site. You agree that all agreements, notices, disclosures, and other communication that we may provide to you electronically satisfy any legal requirement that such communication be in writing.
Images of people, places and/ or products posted on our Site are either the property of NOAH Rainwear or are used by us with express permission. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips, and written materials are the property of NOAH Rainwear and is protected by United States and international copyright laws. Any unauthorized use of any content on this Site is strictly prohibited and may violate copyright and trademark laws, and/ or the laws of privacy, publicity, and/ or communications rules and statutes. No materials or content provided on or through this Site may be reproduced, distributed, publicly performed, publicly displayed, communicated to the public, or used for the creation of a derivative work without the express written permission of the copyright owner.
All trademarks, service marks, and trade names (collectively, the “Marks”) that appear on our Site are proprietary to NOAH Rainwear, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of NOAH Rainwear. You may not remove or otherwise modify in any manner any trademark notices from any content offered or received through our Site.
You cannot access or use our Site for any illegal or unauthorized purpose. Harassment in any manner or form of the Site, including via e-mail, is strictly prohibited. It is an express violation of these Terms and Conditions to use any information obtained from our Site in order to harass, abuse or in any way harm another person, or in order to contact, advertise, solicit or sell to any user of our Site without his or her prior explicit permission.
We reserve the right to make changes to our products and prices on our Site at any time without notice.
We do our best to ensure that product descriptions on our Site are accurate, but some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or errors as they are identified without NOAH Rainwear being held liable for such inaccuracies or errors.
All products on our Site are subject to availability. We reserve the right to impose quantity restrictions on any order, to reject all or part of an order, and to discontinue offering certain products without notice.
Depending on the order, we calculate and charge sales tax in accordance with applicable laws. Such taxes are not included in the quoted price.
Prices on our Site do not reflect any or all of the international duties, taxes or other customs charges that the package may encounter when it arrives at its final destination. Please contact your customs agency officials to find out all of the applicable taxes and duties, if any. NOAH Rainwear will not pay those charges.
Promotion codes are non-transferable and there is no cash alternative. Promotion codes cannot be used along with any other promotion code or offer, and must be redeemed by the date published, if provided.
By use of our Site, you agree to indemnify and hold NOAH Rainwear (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand as well as losses, expenses, damages, and costs resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct).
As far as permitted by applicable law, our Site and all of the content available thereon, is provided “as-is” without warranties or conditions of any kind, either express or implied, including, without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. All products purchased through our Site are provided “as-is” unless otherwise noted in the Limited Warranty included with a product. You may choose whether to make a claim under these Terms and Conditions or both, but you may not recover twice in respect of the same loss. Our products are used at your own discretion and risk.
TO THE MAXIMUM EXTENT PERMITTED BY APLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) NOAH RAINWEAR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF NOAH RAINWEAR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) NOAH RAINWEAR’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO NOAH RAINWEAR FOR THE PRODUCT AT ISSUE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. NOAH RAINWEAR DISCLAIMS ALL LIABILITY OF ANY KIND OF NOAH RAINWEAR’S LICENSORS AND SUPPLIERS.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control. This includes without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic, or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If any of these Terms and Conditions shall be deemed illegal, invalid, unenforceable, or prohibited in any respect, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms and Conditions will remain in full force and effect.
The laws of the State of New York shall govern these Terms and Conditions and the relationship between you and NOAH Rainwear. The provisions of these Terms and Conditions that conflict or are inconsistent with applicable governing law will be superseded and/ or modified by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in and for New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of our Site or your breach of these Terms and Conditions.
We welcome your feedback. If you have any comments or concerns about these Terms and Conditions or would like to contact us for any reason, please contact us via e-mail at email@example.com.