Terms of service

Welcome! The Terms of Use described in this document apply to the RachelHorn.com website (the "Site"). This Site is the property of Rachel Horn USA, LLC (the "Company"). By using The Site you agree to adhere to and be bound by the following Terms and conditions of Use ("Terms of Use"). As long as you comply with these Terms of Use, the Company grants you a non-exclusive, non-transferable, limited privilege to enter and use the Site.
If you do not agree with everything in this document, please do not use this Site

1. Use of Site
You may not attempt to gain unauthorized access to any portion or feature of the Site. You cannot supply false information about your identity or falsely represent another person or entity. Use of the Site in any manner that may be construed as unlawful or prohibited by these Terms of Use is strictly prohibited.

2. Changes
The Company reserves the right, at its sole discretion, to change any portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

3. Product Representations
The Company has done its best to portray our products in the most accurate way, but we cannot and will not be responsible for the way in which the photographs and product representations appear on your computer screen or in printouts. There are too many variables such as color; brightness and tinting that can change how the images appear on your computer or printer.

4. Links
We may direct you to other sites to serve your needs on particular items. We are not responsible for the content of these sites, nor do we control, sponsor, endorse or approve them. Your use of those links is at your own risk.

5. Security and Privacy Policy
We consider your privacy of great importance. RachelHorn.com uses commercially accepted security measures to help protect your information. With this stated, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

6. Accounts & Passwords
Purchasing products through the Site requires you to open an account, including setting up a user ID and password ("account info"). You are entirely responsible for maintaining the confidentiality of your Account Info, and for any and all activity that occurs under your account. You agree to notify Rachel Horn immediately of any unauthorized use of your Account Info or any other breach of security. You may be held liable for losses incurred by the Company or any other user of or visitor to the Site due to someone else using your Account Info. You may not use anyone else's Account Info at any time without that persons express permission and consent. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

7. Comments and Submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to The Site or Company (collectively, the "Comments") shall become and remain property of The Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to The Company of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company is and shall be under no obligation to maintain any Comments in confidence; to pay to user any compensation for use of any Comments; or to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, photographs, marketing concepts, or merchandising suggestions.

8. Disclaimers
The Company does not promise that the Site or any Content, service or feature of the Site will be error free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its Content are delivered on an as is and as available basis. All information provided on the Site is subject to change without notice. The Company cannot ensure that any files or other data you download from the Site will be free of viruses or contamination or destructive features. The Company disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. Your sole remedy against The Company for dissatisfaction with the Site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between parties.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. The Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

9. Limitation of Liability – Use of Site
The information contained in The Site is provided for sales and informative purposes only and should not serve as a substitute for architectural or structural advice from a licensed architect or engineer familiar with the facts and circumstances of your specific situation. Neither the Company nor any of its affiliates, agents, representatives or employees provide architectural, Mechanical, Electrical, Plumbing, or structural design services or advice. The Company makes no representations or warranties, express or implied, regarding the architectural, structural, or other consequences resulting from use of our services, advice, or products. Neither the Company nor its agents, representatives or employees shall be held liable or responsible under any circumstances for any damage or inconvenience caused by the use of our services or advice.
In no event will the Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits that result from your use of the information or advice on this site. You agree to defend, indemnify and hold the Company and its affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

10. Limitation of Liability – Product Sales
The Company and its agents, representatives and employees specifically disclaim any warranty beyond the limited warranty stated herein, whether express or implied, including the implied warranties of merchantability and fitness for purpose. The Company's liability relating to any product, service or advice provided shall be strictly limited to the amount paid to and received by the Company for such product, service or advice. The Company shall not be liable for special, indirect or consequential damages, including lost profits, arising from any cause whatsoever, including negligence.

11. Other Terms & Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site. All such terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms applicable for the purchase of any service or Product offered on or through the Site, the latter terms shall control with respect to your purchase and use of the specific product or service.

12. Ownership of Site Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to the Company, and are protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web Site or other medium for publication or distribution or for any commercial enterprise, without the Company's express prior written consent.
The Company owns the rights to any and all patent, copyright and trade secret rights in anything created or developed by the Company for Client (for example, custom product designs, finishes, etc.)
Information and data made purposely available by Company such as press releases or specification sheets and product information may be downloaded from the Site provided that you follow these rules:

1. Information downloaded is for that individual's personal use and shall not be disseminated to any other individual in any way.
2. Proprietary language must remain on downloaded information.
3. Make no modifications to any such information.
4. Do not make any representations or warranties relating to such documents.

13. Violations of these Terms of Use
The Company may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Company's rights or property, or the rights or property of visitors to or users of the Site, including Company's customers. The Company reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process or governmental request. The Company also may disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Company may preserve any transmittal or communication by you with Company through the Site or any other means of communication, and may also disclose such data if such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Company, its employees, users of or visitors to the Site, and the public.
You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or for any other reason with or without cause. You also agree that any violation by you of these Terms of Use will cause irreparable harm to the Company, for which monetary damages would be inadequate, and for which Company will be entitled to obtain injunctive or equitable relief that may be necessary or appropriate in such circumstances.
If Company does take any legal action against you as a result of your violation of these Terms of Use, the Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Company. You agree that the Company will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

14. Disputes & Governing Law
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and in particular by the laws of the State of Texas and venue chosen by Company. You agree to waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Rachel Horn and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

15. Severability
In the event that any term or provision of this Agreement is held invalid, illegal or unenforceable by a court, said invalidity shall not affect the remainder of these terms, which shall remain valid and enforceable to the fullest extent. The Parties agree that such provision shall be modified, amended or limited only to the extent necessary to render it valid and enforceable.


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