Last updated February 26, 2024
AGREEMENT TO
OUR LEGAL TERMS
We are The Rainbow Life
USA Florida , United
States __________ Sarasota FL 34231 .
We operate http://www.therainbowlifeusa.com (the therainbowlifeusa.com (the
You can contact us by email at info@therainbowlifeusa.com __________ Sarasota FL 34231 , United States
These Legal Terms constitute
a legally binding agreement made between you, whether personally or on behalf of an entity
(The Rainbow Life
USA , concerning your access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF
YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
We will provide you with prior
notice of any scheduled changes to the Services you are using. The modified Legal Terms will
become effective upon posting or notifying you by info@therainbowlifeusa.com , as stated in the email message. By
continuing to use the Services after the effective date of any changes, you agree to be bound by
the modified terms.
We recommend that you print a copy of
these Legal Terms for your records.
TABLE
OF CONTENTS
1. OUR SERVICES
The
information provided when using the Services is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access the Services from
other locations do so on their own initiative and are solely responsible for compliance with local
laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your interactions would be subjected to such
laws, you may not use the Services. You may not use the Services in a way that would violate
the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL
PROPERTY RIGHTS
Our intellectual
property
We are the owner or the
licensee of all intellectual property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics in the
Services (collectively, the
Our Content and Marks are
protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are
provided in or through the Services
Your use of our Services
Subject to your compliance with these
Legal Terms, including the
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
solely for your
Except as set out in this
section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may
be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of
the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal
Terms, please address your request to: info@therainbowlifeusa.com . If we ever grant you the permission to
post, reproduce, or publicly display any part of our Services or Content, you must identify us as
the owners or licensors of the Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not
expressly granted to you in and to the Services, Content, and Marks.
Any breach of these
Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to
use our Services will terminate immediately.
Your
submissions
Please
review this section and the
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services (
You are responsible for what you post or
upload: By sending us Submissions
- confirm that you have read and agree with our
" PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; - to the
extent permissible by applicable law, waive any and all moral rights to any such Submission
; - warrant
that any such Submission
are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions ; and - warrant and represent that your Submissions
do not constitute confidential information.
You are solely responsible for your Submissions
By using the Services, you
represent and warrant that:(2) you are not under
the age of 13; , or if a minor, you have
received parental permission to use the Services
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse any and all
current or future use of the Services (or any portion thereof).
We accept the following forms
of payment:
You agree to provide current,
complete, and accurate purchase and account information for all purchases made via the
Services. You further agree to promptly update account and payment information, including
email address, payment method, and payment card expiration date, so that we can complete
your transactions and contact you as needed. Sales tax will be added to the price of purchases
as deemed required by us. We may change prices at any time. All payments shall be
in US dollars .
You agree to pay all charges
at the prices then in effect for your purchases and any applicable shipping fees, and you
We reserve the right to refuse
any order placed through the Services. 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 payment method, and/or orders that
use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in
our sole
5. SUBSCRIPTIONS
Billing and
Renewal
Cancellation
Fee
Changes
6.
All sales are final and no refund will be
issued.
7. PROHIBITED
ACTIVITIES
You may not
access or use the Services for any purpose other than that for which we make the Services
available. The Services may not be used in connection with any commercial
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in
unauthorized framing of or linking to the Services. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or
transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics
interchange formats (
"gifs" ), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms" ). - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as
may be the result of standard search engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Services, or use or launch any
unauthorized script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
- Make any
unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses . - Use the
Services as part of any effort to compete with us or otherwise use the Services and/or the
Content for any revenue-generating
endeavor or commercial enterprise. Use the Services to advertise or offer to sell goods and services.
8. USER GENERATED
CONTRIBUTIONS
9. CONTRIBUTION
You and Services agree that we may access, store, process, and use any
information and personal data that you provide
By submitting
suggestions or other feedback regarding the Services, you agree that we can use and share
such feedback for any purpose without compensation to you.
10. GUIDELINES FOR
REVIEWS
We may provide you areas
on the Services to leave reviews or ratings. When posting a review, you must comply with the
following criteria: (1) you should have firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or
hateful language; (3) your reviews should not contain discriminatory references based on
religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4)
your reviews should not contain references to illegal activity; (5) you should not be affiliated with
competitors if posting negative reviews; (6) you should not make any conclusions as to the
legality of conduct; (7) you may not post any false or misleading statements; and (8) you may
not
We may accept, reject, or
remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views of any of our
affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or
losses resulting from any review. By posting a review, you hereby grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and
11. MOBILE APPLICATION
Use
If you access the Services via the App, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the App on wireless electronic devices owned or
controlled by you, and to access and use the App on such devices strictly in accordance with
the terms and conditions of this mobile application
Apple and
Android Devices
The following
terms apply when you use the App obtained from either the Apple Store or Google Play (each
an
12. THIRD-PARTY WEBSITES
AND CONTENT
The Services
may contain (or you may be sent via the
13.
ADVERTISERS
We allow
advertisers to display their advertisements and other information in certain areas of the
Services, such as sidebar advertisements or banner advertisements. We simply provide the
space to place such advertisements, and we have no other relationship with
advertisers.
14.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services
for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our
sole discretion, violates the law or these Legal Terms, including without limitation, reporting such
user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice,
or liability, to remove from the Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the proper
functioning of the Services.
15. PRIVACY POLICY
We care about data privacy and security. By using the
Services, you agree to be bound by our Privacy Policy posted on the Services, which is
incorporated into these Legal Terms. Please be advised the Services are hosted in United States United States United States United States Further, we do not knowingly accept,
request, or solicit information from children or knowingly market to children. Therefore, in
accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual
knowledge that anyone under the age of 13 has provided personal information to us without the
requisite and verifiable parental consent, we will delete that information from the Services as
quickly as is reasonably practical.
16. TERM AND
TERMINATION
These Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION
IN THE SERVICES OR DELETE
If we terminate or suspend your account for
any reason, you are prohibited from registering and creating a new account under your name, a
fake or borrowed name, or the name of any third party, even if you may be acting on behalf of
the third party. In addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive
redress.
17.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or
remove the contents of the Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance related to
the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates, or releases in
connection therewith.
18.
GOVERNING LAW
These Legal Terms and your use of the
Services are governed by and construed in accordance with the laws of the State of Florida the State of Florida
19. DISPUTE
RESOLUTION
Any legal action of whatever nature brought by either you
or us (collectively, the Sarasota County ,Florida
20.
CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors, inaccuracies, or omissions
and to change or update the information on the Services at any time, without prior
notice.
21.
DISCLAIMER
THE SERVICES ARE
PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH
THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT
OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY
22.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US .
23.
INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
24. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
25. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending
us emails, and completing online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the Services, satisfy
any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other than
electronic means.
26. CALIFORNIA USERS AND
RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
27.
MISCELLANEOUS
These Legal Terms and any
policies or operating rules posted by us on the Services or in respect to the Services constitute
the entire agreement and understanding between you and us. Our failure to exercise or enforce
any right or provision of these Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent permissible by law. We may assign
any or all of our rights and obligations to others at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal Terms is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is deemed severable from these
Legal Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you
and us as a result of these Legal Terms or use of the Services. You agree that these Legal
Terms will not be construed against us by virtue of having drafted them. You hereby waive any
and all
28.
CONTACT US
In order to resolve a complaint
regarding the Services or to receive further information regarding use of the Services, please
contact us at: