This Site is provided by Rainier Outdoor Power LLC. (Rainier) and may be used for information purposes only.
Ownership/Use of Materials Contained On This Site
The Site contains material that is derived in whole or in part from material supplied by Rainier Outdoor Power LLC. (Rainier) and its licensees, and is protected by U.S. and international copyright laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the “Materials”) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of Rainier’s or its licensees copyright, trademark and other proprietary rights. The use of any such Materials on any other web site or networked computer environment without Rainiers express written consent is prohibited. Except as expressly provided herein, Rainier does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
Subject to the terms and conditions set forth in this Agreement, Rainier grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the Materials.
THE MATERIALS CONTAINED ON THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. NEITHER RAINIER NOR ANY OF ITS LICENSEES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. RAINIER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. RAINIER MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Information Provided By You
Limitation of Damages
IN NO EVENT SHALL RAINIER OR ANY OF ITS LICENSEES BE LIABLE TO YOU OR ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED SITE, EVEN IF RAINIER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Rainier reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. Please check back periodically to inform yourself of any changes.
Rainier may terminate, change, suspend or discontinue any aspect of the Rainier Site, including the availability of any features of the Site, at any time. Rainier may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Rainier may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.
Users are not permitted to upload, transmit, distribute or otherwise publish through this Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
Rainier has provided links with other internet sites that are maintained by third parties. Rainier is not responsible for content or the practices of such third party sites. These terms and conditions apply solely to this Site and you should always review the terms and conditions of any site that you access through a link from this Site.
You hereby agree to indemnify and hold harmless Rainier and its licensees any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including, but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss), incurred or suffered by Rainier directly or indirectly by reason of any act or omission which you commit in breach of these terms and conditions and the obligations and warranties contained in them.
This site is controlled and operated by Rainier from its offices in the State of New York, United States of America. Rainier makes no representations that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the state New York and the federal courts located in New York City, New York. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.
INFORMATION RAINIER COLLECTS
Personally Identifiable Information:
The Web Site does not knowingly collect PII from children under thirteen (13) years of age:
This is not a Web site directed to children under the age of 13, and Rainier does not knowingly collect any information from children under 13 years of age at the Web Site. If you are under 13 years of age, do not send any information about yourself to Rainier. If Rainier discovers that a child under the age of 13 has provided the Web Site with PII, Rainier will delete that child’s PII from its system.
When you visit the Web Site, our web servers automatically collect Web site usage information. Web site usage information is anonymous information that describes how our visitors use and navigate our Web Site, and it includes the number and frequency of visitors to each web page and the length of their stays. We collect the anonymous information automatically sent to us by your web browser, such as browser type, referrer data that identifies the web page visited prior and subsequent to visiting our Web Site, and IP address. We also may determine what technology is available through your browser in order to serve you the most appropriate version of a web page. For example, we may determine that you have installed a version of Flash, and we will then send you the appropriate Flash version of the web page rather than an HTML page.
An IP address is a number that is assigned to your computer or network when you are on the Internet. When visitors request pages from our Web Site, our servers log the visitor’s IP address. We may collect IP addresses for a variety of internal purposes, such as system administration, to report aggregate information to our business partners or to audit the number of visits to different pages on our Web Site. Please note that some services within our Web Site, such as certain message boards, may display IP addresses along with the message poster’s name and message.
RAINIER’S USE AND DISCLOSURE OF COLLECTED INFORMATION
Third parties providing services on our behalf:
Rainier may employ other companies and individuals to perform functions on its behalf. Examples may include hosting the Web Site, sending communications on our behalf, hosting message boards or other user forums, analyzing data, providing marketing assistance, creating, hosting and/or running contests/sweepstakes/games and providing customer service. These third parties may have access to our users’ PII in order to provide these services to us or on our behalf, but they are not permitted to use it for other purposes.
Other Third Parties:
Rainier may disclose anonymous, aggregated user statistics to third parties for a variety of purposes. For example, we may disclose how many individuals visited certain areas of our Web Site, or how many men or women receive our newsletter. Rainier does not rent, sell or otherwise disclose your PII to third parties unless disclosed to you at the time such information is collected or unless you otherwise give consent, other than in the following limited circumstances:
Rainier may disclose information about its users, including PII, when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing our Web Site and applicable laws, or to protect against misuse or unauthorized use of our Web Site. Rainier may also disclose user information whenever we believe disclosure is necessary to limit our legal liability, to protect or defend our rights or property or protect the safety, rights or property of our users.
Rainier may sell, transfer or otherwise disclose user information, including PII, to a successor entity in connection with a corporate merger, consolidation, the sale of substantially all assets, or other fundamental corporate change respecting the Web Site.
Rainier takes steps to secure the data you submit to us, including limiting the number of people who have physical access to our user data. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, Rainier cannot ensure or warrant the security of any information you transmit to Rainier and you do so at your own risk.
Consent to Transfer
The Web Site is operated in the United States. If you are located in the European Union or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our Web Site, participating in any of our services and/or providing us with your information, you consent to this transfer.