Terms of Use

Last Updated: August 24, 2016

PLEASE READ CAREFULLY.

These Terms of Use (“Terms of Use”) creates a legal agreement between you and Rapinoe SC, LLC (“Rapinoe SC,” “we,” “us,” or “our”) that governs your use of the rapinoe.us website and other Rapinoe SC services (collectively, the “Site”) and your purchases and use of products and services made available through the Site. By accessing the Site on any computer, mobile phone, tablet, console or other device, you signify that you have read, understand and agree to be bound by these Terms of Use, whether or not you are a registered Site user. These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Any new features or tools which are added to the Site shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

The “shop” portion of our Site is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SAFEGUARD YOUR USERNAME AND PASSWORD.

You are responsible for any actions that take place while using your Rapinoe SC account. Keep your username and password secure and do not allow anyone else to use them to access the Site. Rapinoe SC is not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge.

INTELLECTUAL PROPERTY.

All content included on the Site, such as text, graphics, designs, logos, catalogs, icons, presentations, videos, data, instructions, photos, and software (the “Materials”), is the property of Rapinoe SC or its licensors. The Materials are protected by copyright, trademark and other intellectual property laws.

Rapinoe SC and other trademarks, service marks and logos that we use, are trademarks of Rapinoe SC. Third-party trademarks that appear on the Site are the property of their respective owners. Your use of any of the trademarks displayed on this Site without express written permission from Rapinoe SC or their owners is strictly prohibited.

LIMITED LICENSE.

So long as you comply with these Terms of Use, you may access the Site and use the Materials for non-commercial purposes or to order products from the Site. Downloading, printing, copying, distributing or otherwise using Materials for commercial purposes, including commercial publication, sale or personal gain, is expressly prohibited.

SITE RESTRICTIONS.

You agree to use the Site in a manner consistent with all laws and regulations and in accordance with these Terms of Use. Except as expressly and unambiguously permitted in these Terms of Use or other written consent from Rapinoe SC, you may not, and you may not facilitate or permit anyone else to, directly or indirectly:

  • use any manual process or robot, spider, scraper, or other automated means to collect information from the Site or from users of the Site;
  • copy, modify, publicly display, post, distribute, or exploit in any way the Materials or other data or information from the Site for commercial purposes, including commercial publication, sale or personal gain;
  • mirror any Materials contained on this Site or any Rapinoe SC server or use framing techniques to enclose the Site or any part thereof;
  • circumvent any of the technical limitations of the Site, or decompile, disassemble or otherwise reverse engineer the Site;
  • perform or attempt to perform any actions that would interfere with the proper working of the Site, prevent access to or use of the Site by our other users, or impose an unreasonable or disproportionately large service request or usage load on our Site infrastructure;
  • change or remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices that have been placed on or near the Materials;
  • impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account without the user’s permission;
  • use any metatags or any other hidden text incorporating Rapinoe SC’s name or trademarks in any online Site or posting;
  • solicit, trace or otherwise collect any information from users or visitors of the Site;
  • use the Site for commercial activities such as contests or advertising;
  • create a database by downloading and storing the Materials or any part thereof; or
  • post any material that could be considered obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable.

CONTENT SUBMITTED.

Your feedback and Site participation are important to us. With respect to any content you submit or make available to Rapinoe SC or on the Site (including through social media channels), such as your biography, comments, endorsements, testimonials, pictures, videos and other content, you grant to Rapinoe SC a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense such content, in whole or in part, in any media, now or hereafter known or developed for all purposes, without any additional consideration due to you. You acknowledge and represent that such content is not confidential. By posting or distributing such content, you understand that it may be freely copied and distributed by others without your permission.

In the event that you submit or post any creative suggestions, proposals, or ideas about our products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you whatsoever.

CONTENT RULES.

You represent and warrant that your content you post and your activities on the Site do not and will not violate these Terms of Use or the rights of any third party, including infringing or misappropriating any third party intellectual property and publicity rights. You are solely responsible for your user content and your activity on the Site.

USER CONTENT IS NOT PRESCREENED.

We may, but have no obligation to, prescreen content posted by users and cannot guarantee the Site will be free from content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no liability relating to any user content or activities of users on the Site. Even in the event we choose to monitor any user content, we assume no responsibility for, or any obligation to monitor or remove, such user content. You grant us the right to collect, use and share your content in accordance with these Terms of Use and our Privacy Policy. If you have concerns about any content posted by another user, please use the Copyright or Trademark notice procedures in these Terms of Use to notify us.

LINKS TO OUR WEBSITE.

You may link to our homepage, provided you do so in a way that is fair, clearly identifies Rapinoe SC, and does not damage our reputation or take advantage of it. However, you may not suggest any form of association, approval or endorsement on our part without our express written consent.

TERMINATION.

We reserve the right in our sole discretion to (i) terminate your account, (ii) delete any of your content, (iii) restrict your use of all or any part of the Site, and (iv) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from accessing or posting content to the Site by using any technology available, such as blacklisting certain IP addresses or device numbers.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION.

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

MODIFICATIONS TO THE SERVICE AND PRICES.

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site or any products or services made available through the site.

PRODUCTS OR SERVICES.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Site will be corrected.

OPTIONAL TOOLS.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

SALES POLICY.

  • Product Orders: All orders placed through the Site are subject to our acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your credit card has already been charged for an order that we later cancel, we will issue you a refund.
  • Accuracy of Billing and Account Information: You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
  • Electronic Payment Vendors: Some payments may be processed through electronic payment vendors. Your relationship with any electronic payment vendor is separate from your relationship with us and is governed by the terms and conditions contained in the vendor’s agreement and posted on their website.
  • Returns and Refunds: Our returns and exchanges policy is here.
  • Shipping: Our shipping policy is here.

COPYRIGHT INFRINGEMENT NOTICE PROCEDURE.

Rapinoe SC respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement, then please contact us at copyright@rapinoe.us and provide the following information:

(i) A description of the copyrighted work that you believe has been infringed;

(ii) A description of what the allegedly infringing work is;

(iii) A description of the location where the allegedly infringing work is located on the Website;

(iv) An address and telephone number where you can be contacted, including an email address if possible;

(v) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

(vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and

(vii) A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.

Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.

TRADEMARK INFRINGEMENT NOTICE PROCEDURE.

If you would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country), then please contact us at trademark@rapinoe.us and provide the following information:

(i) The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed, including registration number.

(ii) The jurisdiction or geographical area to which the mark applies.

(iii) The name, post office address and telephone number of the owner of the mark identified above.

(iv) The goods and/or services covered by or offered under the mark identified above.

(v) A description of the manner in which the you believe your mark is being infringed upon.

(vi) The precise location of the infringing mark.

REPRESENTATIONS AND WARRANTIES.

You represent and warrant that: (i) you are 13 years of age or older; (ii) you have provided accurate and current information about yourself in all forms used in conjunction with the Site; (iii) you are eligible to use the Site and have the right and power to enter into these Terms of Use; (iv) you and will comply with all federal, state and local laws, including without limitation applicable tax laws; (v) you will not use the Site, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Site; and (vi) you and your use of the Site will be in compliance with these Terms of Use.

WARRANTY DISCLAIMER.

THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE SITE AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT RELATED TO OR ARISING OUT OF THE SITE, ANY CONTENT ON THE SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE ON THE SITE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. Rapinoe SC DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. Rapinoe SC ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. Rapinoe SC ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE.

LIMITATION OF LIABILITY AND DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Rapinoe SC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY. Rapinoe SC’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES WITH RESPECT TO ANY SERVICE OR PRODUCT PURCHASED IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST Rapinoe SC, OR (2) US$100.00.

Applicable law may not allow certain limitations or exclusions of liability, so some of the above limitations may not apply to you. Notwithstanding anything to the contrary in these Terms of Use, nothing in these Terms of Use excludes or limits our liability for fraud or for death or personal injury caused by our gross negligence.

INDEMNITY.

You agree to defend, indemnify and hold harmless Rapinoe SC, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your user content, any use of the Site's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

ELECTRONIC COMMUNICATIONS.

By using the Site, you agree to receive certain electronic communications from us, whether on our website, through the Site or by email. You may unsubscribe from communications at any time by clicking the appropriate link in the communication. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails and other communications between you and Rapinoe SC may be recorded. 

THIRD PARTY SITES.

The Site may contain links to websites, applications or other products or services operated by other companies and offers provided by third parties (“Third Party Sites”). We do not endorse, monitor or have any control over these Third Party Sites, which are governed by separate terms and privacy policies. We are not responsible for the content or policies of Third Party Sites and you access such Third Party Sites at your own risk. We expressly disclaim any liability for these Third Party Sites.

MISCELLANEOUS.

Survival.

The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Use, including without limitation, Content Submitted, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.

Assignment.

These Terms of Use are personal to you, the user. You may not assign these Terms of Use or any rights and licenses in these Terms of Use to another party. These Terms of Use may be assigned by Rapinoe SC without restriction.

Disputes.

These Terms of Use shall be governed by the laws of the State of Oregon, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.

Limitations on Claims.

Any cause of action or claim you may have with respect to Rapinoe SC or the Site (including without limitation the purchase of products and services) must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.

No Waiver.

Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Use.

Severability.

If any provision in these Terms of Use is determined by a court to be invalid or unenforceable, the remaining provisions of these Terms of Use shall continue to be valid and enforceable.

Entire Agreement.

These Terms of Use and the Privacy Policy constitute the entire agreement between you and us and govern your use of the Site. These Terms of Use supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of these Terms of Use.

Questions about the Terms of Use should be sent to us at hello@rapinoe.us.

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