Read This Terms of Use Agreement Before Accessing Web site.
Effective Date: This Terms of Use Agreement was last updated June 2007.
This Terms of Use Agreement sets forth the standards of use of the Rainbow Shopping Network Service for Registered Members. By using the Rainbow Shopping Network website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Rainbow Shopping Network website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Rainbow Shopping Network is providing Member with a portal to online merchants to purchase various goods and services. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.
2. Disclaimer of Warranties.
The site is provided by Rainbow Shopping Network on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Rainbow Shopping Network makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Rainbow Shopping Network shall have no liability for any interruptions in the use of this Website. Rainbow Shopping Network disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
RAINBOW SHOPPING NETWORK SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR RAINBOW SHOPPING NETWORK SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF RAINBOW SHOPPING NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold Rainbow Shopping Network, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Rainbow Shopping Network reserves the right to modify or discontinue the Service with or without notice to the Member. Rainbow Shopping Network shall not be liable to Member or any third party should Rainbow Shopping Network exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Rainbow Shopping Network does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Rainbow Shopping Network makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Rainbow Shopping Network makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts of Arizona
Our website is operated and provided in the State of Arizona. As such, we are subject to the laws of the State Arizona, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Arizona.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Botnets
Rainbow Shopping Network retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Rainbow Shopping Network reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
11. Donation to Charities
Subject to the terms and conditions in this Agreement, chartable donations are based on a percentage of the net purchases made by members at one of the online merchants affiliated with Rainbow Shopping Network (an “Affiliated Merchant”). The percentage will be enumerated on the Rainbow Shopping Network Web site as it relates to each Affiliated Merchant. The net purchase is defined as the total amount paid to the merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as the Affiliated Merchant defines on their respective Web site and as is enumerated in their respective Affiliate Membership and/or Operating Agreement document, whichever is less.
Purchases made through Rainbow Shopping Network Affiliated Merchants will be deemed a "Qualified Purchase" and will be subject to earn a donation if all of the following criteria are satisfied: 1) "Cookies", both first and third party (if applicable), must be enabled on your Web browser. 2) All potential Qualified Purchases must begin by clicking on the Affiliated Merchant's link that appears on the Rainbow Shopping Network Web site and being successfully connected to the Affiliated Merchant's Web site based upon that click. 3) Rainbow Shopping Network may, at all times, route your request for a merchant site through specific links, in order to assure that the sale can be tracked correctly. Any alteration of these links will invalidate your sale, which will not be deemed a Qualified Purchase. 4) All purchases must be started and completed in one shopping session on Rainbow Shopping Network. 5) Users must not use coupons not listed on the Rainbow Shopping Network website. 6) Purchases from "Coupons Only" and "No Discount" Affiliated Merchants are not deemed "Qualified Purchase."
The determination of whether or not a purchase made through a Rainbow Shopping Network Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of Rainbow Shopping Network.
Rainbow Shopping Network is not responsible for changes to, or discontinuance of, any Affiliated Merchant, or any Affiliated Merchant withdrawal from the Program, or for any effect on accrual of cash back rewards caused by such changes, discontinuance, or withdrawal. Rainbow Shopping Network is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Merchant site. It is the Member's responsibility to make sure that all specials are valid.
12. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Rainbow Shopping Network, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
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