The User Agreement was last modified on March 20, 2009.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH RAINFALL OF ENVELOPES OFFERS YOU ACCESS
TO THE RAINFALL OF ENVELOPES WEB SITE AND OUR SERVICE. THIS USER AGREEMENT, TOGETHER
WITH ANY AND ALL SUBSEQUENT AMENDMENTS, IS A CONTRACT BETWEEN YOU AND RAINFALL OF
ENVELOPES INC., A VIRGINIA LIMITED LIABILITY COMPANY, AND CONSTITUTES A LEGALLY
BINDING AGREEMENT, MADE FOR VALID CONSIDERATION, GOVERNING YOUR USE OF THE SERVICE
AND ANY RELATED PRODUCTS AND SERVICES AVAILABLE THROUGH THE RAINFALL OF ENVELOPES
WEB SITE. BY USING, VIEWING OR BROWSING THE RAINFALL OF ENVELOPES WEB SITE AND/OR
THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND
THAT YOU AGREE TO BE BOUND BY ALL OF ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS,
YOU SHOULD NOT USE, VIEW OR BROWSE THE RAINFALL OF ENVELOPES WEB SITE OR THE SERVICE.
a. "Agreement" means this User Agreement, including any and all subsequent
amendments hereto, as well as any other agreements or Policies expressly incorporated
b. "Business Days" means Monday through Friday, excluding Holidays.
c. "Customer Service" is Rainfall of Envelopes' customer support service
which can be accessed via email at firstname.lastname@example.org.
d. "Days" means calendar days.
e. "Gift" means any monetary amount (denominated in United States Dollars)
provided through Rainfall of Envelopes, from one User for the benefit of another
User, that is successfully paid for through PayPal.
f. "Holidays" means New Year's Day (January 1), Birthday of Martin Luther
King, Jr.(the third Monday in January), Washington's Birthday (the third Monday
in February), Memorial Day (the last Monday in May), Independence Day (July 4),
Labor Day (the first Monday in September), Columbus Day (the second Monday in October),
Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and
Christmas Day (December 25). If a Holiday falls on a Saturday, Rainfall of Envelopes
shall observe the Holiday on the prior Friday. If the Holiday falls on a Sunday,
Rainfall of Envelopes shall observe the Holiday on the following Monday.
g. "Improper Account Access" means any (i) unauthorized transaction involving
your Rainfall of Envelopes Account; (ii) unauthorized access to your Rainfall of
Envelopes Account; and/or (iii) any compromise of the password to your Rainfall
of Envelopes Account.
h. "Information" means any confidential and/or personally identifiable information
or other information related to a Rainfall of Envelopes Account or User, including
but not limited to the following: name, email address, PayPal account information,
billing/shipping address, and phone number.
i. "PayPal" means PayPal, Inc. and its subsidiaries and affiliates, including,
without limitation, the online payment service offered on www.paypal.com.
j. "Policy," or "Policies" means any policy, rules, terms, conditions or
other agreement between you and Rainfall of Envelopes that you entered into on the
Rainfall of Envelopes Web Site, in this Agreement, or in connection with your use
of the Service.
k ."Rainfall of Envelopes," "we" or "our" refers to Rainfall of Envelopes
l. "Rainfall of Envelopes Account" means a User's online account with Rainfall
of Envelopes granting such User access to the Service
n. "Rainfall of Envelopes Web Site" means www.rainfallofenvelopes.com and
any other Web site and/or Internet domain owned or controlled by Rainfall of Envelopes
directing to www.rainfallofenvelopes.com, individually and/or separately, including,
without limitation, any sub-domain, page, document, or other content located thereon.
o. "Service" means all services provided by Rainfall of Envelopes through
the Rainfall of Envelopes Web Site, including, without limitation, event listings,
forums, comments, gift-tracking and payment-related services
p. "User," "you" or "your" means any person or entity using the Service.
2.1 Eligibility. To be eligible to use the Service, you must be an individual
of at least 18 years of age, must be able to form legally binding contracts, and
must not be temporarily or indefinitely suspended from the Service and/or the Rainfall
of Envelopes Web Site. If you do not qualify, you may not use or try to use the
Service and/or the Rainfall of Envelopes Web Site.
2.2. Identity Authentication. If you create a Rainfall of Envelopes Account,
you authorize Rainfall of Envelopes, directly or through third parties, to make
any inquiries we consider necessary to validate your identity and/or to ensure that
you do not already have an active account with Rainfall of Envelopes. This may include
asking you for further Information, requiring you to take steps to confirm ownership
of your email address or PayPal account, and verifying your Information against
third party databases or through other sources. We may confirm this Information
when you create your Rainfall of Envelopes Account, if you request any change to
your Information, or at any other time as we deem advisable. See our
You agree that it is your responsibility to keep your Information current, complete
and accurate by periodically updating your Information in the appropriate section
of the Rainfall of Envelopes Web Site.
3. Our Relationship With You
3.1 Our Relationship. Rainfall of Envelopes' Service permits Users to create
an event and/or fundraising listing on the Rainfall of Envelopes Web Site and collect
Gifts from other Users in connection with that listing, and assists Users in locating
another Users' existing event and/or fundraising listing and providing a Gift in
connection therewith. Rainfall of Envelopes transmits information regarding such
transactions to PayPal in order to assist Users making such gifts. Nothing in this
Agreement shall be construed as making you or Rainfall of Envelopes the partner,
joint venturer, agent, legal representative, franchiser, franchisee, employer or
employee of the other. Neither you nor Rainfall of Envelopes shall have, nor hold
yourself out to any third party as having, any authority to make any statements,
representations or commitments of any kind with respect to the other, or to take
any action that shall be binding on the other, except as expressly provided for
herein or authorized in writing by the party to be bound.
3.2 License. Subject to this Agreement, we hereby grant you a non-exclusive,
non-transferable, revocable license (without the right to sublicense) to access,
participate in and use the Service and the Rainfall of Envelopes Web Site, provided
that you do not copy, modify, create a derivative work of, reverse engineer or otherwise
attempt to discover any source code thereof, or breach this Agreement in any manner.
You agree that you obtain no rights other than the rights and licenses expressly
granted in this Agreement.
3.3 Amendment and Policies. You agree to comply with this Agreement and all
other Policies. The Policies, including any amendments thereto that may be made
from time to time, are hereby incorporated by reference into this Agreement. We
may modify this Agreement or any or all of the Policies at any time upon notice
given in accordance with this Agreement. This Agreement and the Policies as so amended
will be posted on the Rainfall of Envelopes Web Site, and your continued use of
the Service thereafter will constitute your affirmative acceptance of any such amendment
and your agreement to the terms thereof. The most current version of this Agreement
can be viewed by clicking on the "User Agreement"link located at the bottom of the
pages of the Rainfall of Envelopes Web Site. The most current version of this Agreement
will supersede all previous versions.
3.4 Your Privacy. You agree to the terms and conditions of our
to better understand our commitment to maintaining your privacy, as well as our
use and disclosure of your Information. If you object to your information being
in this Agreement, please do not use the Service.
3.5 Intellectual Property. Rainfall of Envelopes is the sole owner of, and
shall retain ownership of, all of the intellectual property, and in particular the
copyright, trademarks, database and patents, in the Rainfall of Envelopes Web Site
and the Service (which does not include content posted by Users), and in any software,
application, graphics, text and other materials used therein, including the organization
and selection of the materials contained therein. The Rainfall of Envelopes Web
Site and the Service contain copyrighted material, trade secrets and proprietary
information owned by Rainfall of Envelopes. You may not copy, imitate or use Rainfall
of Envelopes' intellectual property without Rainfall of Envelopes' prior written
consent. In addition, all page headers, custom graphics, button icons and scripts
are service marks, trademarks and/or trade dress of Rainfall of Envelopes. You may
not copy, imitate or use them without our prior written consent. You may not decompile
or disassemble, reverse engineer or otherwise attempt to discover any source code
contained in the Rainfall of Envelopes Web Site or the Service. Although Rainfall
of Envelopes does not claim ownership of content that its Users post, by posting
content to any public area of the Rainfall of Envelopes Web Site, you authorize
and direct us to make such copies thereof as we deem necessary in order to facilitate
the posting and storage of such content on the Rainfall of Envelopes Web Site. By
posting such content to any part of the Rainfall of Envelopes Web Site, you automatically
grant, and you represent and warrant that you have the right to grant, to Rainfall
of Envelopes an irrevocable, perpetual, non-exclusive, transferable, fully-paid
and royalty-free, worldwide license (with the right to sublicense) to use, copy,
publicly perform, publicly display, reformat, translate, excerpt (in whole or in
part) and distribute such content for any purpose on or in connection with the Rainfall
of Envelopes Web Site or the promotion thereof, to prepare derivative works of,
or incorporate into other works, such content, and to grant and authorize sublicenses
of the foregoing. You may remove your content from the Rainfall of Envelopes Web
Site at any time. If you choose to remove your content, the license granted above
will automatically expire, however you acknowledge that Rainfall of Envelopes may
retain archived copies of your content.
3.6 Assignment. This Agreement will be binding and will inure to the benefit
of the legal representatives, successors and assigns of the parties hereto, however
you may not transfer or assign any rights or obligations you have under this Agreement,
whether voluntarily or by operation of law, without Rainfall of Envelopes' prior
written consent. Any purported assignment by you without the appropriate prior written
consent will be null and void and of no force or effect. Rainfall of Envelopes reserves
the right to transfer or assign this Agreement or any right or obligation under
this Agreement at any time without your consent.
3.7 Notices to You. You agree that Rainfall of Envelopes may provide notice
to you by posting it on the Rainfall of Envelopes Web Site, emailing it to the email
address listed in your Rainfall of Envelopes Account, or mailing it to the street
address listed in your Rainfall of Envelopes Account. Such notice shall be considered
to be received by you within 24 hours of the time it is posted to the Rainfall of
Envelopes Web Site or emailed to you unless we receive notice that the email was
not delivered. If the notice is sent by mail, such notice shall be considered to
be received by you three Business Days after it is sent. You may request a paper
copy of any legally required disclosures through electronic communications by contacting
Rainfall of Envelopes as described in Section 3.8 below. Rainfall of Envelopes may
charge you a records request fee to provide a paper copy. Rainfall of Envelopes
reserves the right to close your Rainfall of Envelopes Account if you withdraw your
consent to receive electronic communications.
3.8 Notices to Rainfall of Envelopes. Except as otherwise stated herein,
notice to Rainfall of Envelopes must be sent by both (a) email to email@example.com
and (b) postpaid registered or certified mail, return receipt requested, to: Rainfall
of Envelopes Inc., Attention: Legal Department, 2139 N. Tazewell Ct., Arlington,
VA 22207. The date of receipt shall be deemed the date on which such notice is given
to Rainfall of Envelopes.
3.9 Security. You will maintain the confidentiality of any and all passwords
by which you access the Service, and will allow access to the Service only by authorized
persons, and not by any program, expert system, electronic agent, "bot" or other
automated means. You will not use or permit any use of the Service that would damage,
interfere with or unreasonably overload the Service. You acknowledge that Rainfall
of Envelopes will not contact you to solicit your User ID or password.
3.10 Modifications and Termination of the Rainfall of Envelopes Web Site.
Rainfall of Envelopes reserves the right to modify or discontinue, temporarily or
permanently, the Service and/or the Rainfall of Envelopes Web Site, with or without
notice to you. You agree that Rainfall of Envelopes shall not be liable to you or
any third party for any modification or discontinuance of the Service and/or the
Rainfall of Envelopes Web Site, or for any losses or damages that may result to
you from such discontinuation or interruption of service. The Service and the Rainfall
of Envelopes Web Site depend on various factors such as software, hardware and communication
networks of Rainfall of Envelopes, its contractors and suppliers. Hence, Rainfall
of Envelopes cannot guarantee that the Service or the Rainfall of Envelopes Web
Site will be uninterrupted or that it will be timely, secure or error-free.
3.11 Rainfall of Envelopes' Right of Termination. Rainfall of Envelopes,
in its sole discretion, reserves the right to terminate this Agreement, access to
the Rainfall of Envelopes Web Site, or access to the Service for any reason and
at any time upon notice to you.
4. Receiving Gifts
4.1 Rainfall of Envelopes Does Not Receive, Hold, Transmit or Otherwise Control Monies
Paid by Users. You acknowledge that Rainfall of Envelopes (i) is not a bank,
(ii) is not acting as a trustee, fiduciary or escrow with respect to your funds,
and (iii) at no time receives, holds, otherwise controls or transmits monies paid
to you by other Users via the Service as Gifts or otherwise. All monies paid to
you in connection with the Service by a User are paid via PayPal to your PayPal
4.2 Rainfall of Envelopes Not Responsible for Purchase of Gifts. You acknowledge
that (i) Rainfall of Envelopes does not and cannot guarantee that any User will
purchase any Gifts, (ii) Rainfall of Envelopes is not responsible for payment to
you of the value of a Gift in connection with the purchase of any Gift through our
site, (iii) Rainfall of Envelopes is not required to resolve (or attempt to resolve)
any disputes between you and another User, and (iv) Rainfall of Envelopes is not
responsible for any errors or other mistakes by PayPal in connection with payment
of the Gift amount or otherwise.
4.3 Taxes. It is your responsibility to determine what, if any, taxes apply
to the payments you make or receive as Gifts or otherwise, and it is your responsibility
to collect, report and remit the correct tax to the appropriate tax authority. Rainfall
of Envelopes is not responsible for determining whether taxes apply to your transaction,
or for collecting, reporting or remitting any taxes arising from any transaction.
4.5 Fees. For accounts that are created after April 25, 2009, Rainfall of
Envelopes will charge you a fee of $1 for each Gift that you receive ("Fees").
Rainfall of Envelopes will either charge your PayPal account, if authorized by PayPal,
or email you an invoice at the end of each month that you incur Fees. Rainfall of
Envelopes reserves the right to defer such collection of Fees until the Fees are
in an amount as determined by Rainfall of Envelopes.
5. Closing Your Rainfall of Envelopes Account
5.1 How to Close Your Rainfall of Envelopes Account. You may close your Rainfall
of Envelopes Account at any time by emailing Rainfall of Envelopes' Customer Service
department at firstname.lastname@example.org with the Subject line: Account Cancellation.
The body of your email should include your name and all User names and passwords
associated with the Rainfall of Envelopes Account you want to close.
6. Your Conduct
You agree that you will not, and will not permit others to:
a. provide any unauthorized third party with access to the Service or any information,
data, text, links, images, software, chat, communications and other content available
through the Internet and proprietary to Rainfall of Envelopes by any means;
b. engage in any activity that does not comply with U.S. law or other applicable
law and regulations or otherwise engage in any illegal, manipulative or misleading
activity through the use of the Service;
c. introduce into the Service any code intended to disrupt the Service, alter or
delete its content, access confidential content on our website or interfere with
the operation of the Service, including, but not limited to, distribution of unsolicited
advertising or mail messages and propagation of computer worms and viruses;
d. post any material in any form whatsoever on our website or within the Service
that is defamatory, obscene, false, inaccurate, misleading or otherwise unlawful
or violates any third party's right of privacy or publicity;
e. infringe any third party's patent, copyright, service mark, trademark or other
intellectual property right of any kind or misappropriate the trade secrets of any
third party in connection with your use of the Service; or
f. create liability for us or cause us to lose (in whole or in part) the services
of our suppliers.
7. Your Liability – Actions We May Take
7.1 Your Liability. You are responsible for all fees, fines, penalties and
other liability incurred by Rainfall of Envelopes, a Rainfall of Envelopes User,
or a third party caused by or arising out of your breach of this Agreement, and/or
your use of the Service. You agree to reimburse Rainfall of Envelopes, a User, and/or
a third party for any and all such liability.
7.2 Actions by Rainfall of Envelopes. If we reasonably believe that you have
breached this Agreement in any manner, we may, in our sole discretion, at any time
and without prior notice take action against you. The actions we may take include,
but are not limited to, the following:
(a) We may close, suspend, or limit your access to your Rainfall of Envelopes Account
and/or the Service (including, without limitation, your ability to purchase and/or
receive Gifts via the Service, and/or your ability to remove or change Information);
(b) We may update any inaccurate Information associated with your Rainfall of Envelopes
Account;(c) We may refuse to provide our Service to you in the future; and (d) We
may take legal action against you.
7.3 Notice of Action By Rainfall of Envelopes. If we close your Rainfall
of Envelopes Account or terminate your use of the Service for any reason, we will
provide you with notice of our actions.
8 Improper Account Access
8.1 Your Obligation to Notify Rainfall of Envelopes of Improper Account Access.
If you have reason to believe that there has been an Improper Account Access in
your Rainfall of Envelopes Account, you must notify us within 30 days of such Improper
Account Access To notify us if you believe there has been Improper Account Access
in your Rainfall of Envelopes Account, send us an email at email@example.com
with a Subject line of "Improper Account AccessÓ, depending on your specific circumstances.
You release us from all liability and claims of loss resulting from any Improper
Account Access that you do not report to us within 30 days after the Improper Account
8.2 Your Duty to Change Your Password. If you believe that there has been
Improper Account Access in your Rainfall of Envelopes Account, you must immediately
change your password. You agree that, unless you have first notified us immediately
of any Improper Account Access, we should assume that any instruction transmitted
via your Rainfall of Envelopes Account, or otherwise using your email address and
password, is yours and has been authorized by you, and we will have no obligation
to inquire into the propriety of such instruction.
8.3 Review of Reports of Improper Account Access. If we determine in our
sole discretion that an investigation is warranted with respect to your report of
an Improper Account Access, we will advise you of the results of our investigation
within 10 Business Days after we receive your notice. If we need more time, however,
we may take up to 45 Days from our receipt of your report to conduct an investigation.
8.4 Resolution of Improper Account Access If we determine that an Improper
Account Access has occurred in your Rainfall of Envelopes Account, and that such
Improper Account Access was the fault of Rainfall of Envelopes, we will use our
best efforts to the situation promptly.
You agree that you are responsible for such Improper Account Access and any transactions,
expenses incurred, or other ramifications of such Improper Account Access.
9.1 Release of Rainfall of Envelopes. If you have a dispute with one or more
Users, you understand and agree that Rainfall of Envelopes is under no obligation
to become involved. In the event that you have a dispute with one or more Users,
you hereby release Rainfall of Envelopes (and our officers, directors, agents, joint
ventures and employees, if any) from any and all claims, demands and damages (actual
and consequential) of every kind and nature arising out of or in any way connected
with such disputes. If you are a California resident, you waive California Civil
Code Section 1542, which says: "A general release does not extend to claims which
the creditor does not know of or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially affected his settlement
with the debtor."
9.2 No Warranty. RAINFALL OF ENVELOPES, OUR EMPLOYEES AND OUR SUPPLIERS PROVIDE
OUR SERVICES "AS IS"AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
RAINFALL OF ENVELOPES, OUR EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, SECURITY AND ACCURACY.
RAINFALL OF ENVELOPES EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED
OR TRANSMITTED BY USERS. RAINFALL OF ENVELOPES WILL NOT BE DEEMED THE PROVIDER OR
RECIPIENT OF ANY GIFTS OR OTHER PAYMENTS PROVIDED FOR THROUGH THE RAINFALL OF ENVELOPES
WEB SITE OR THE SERVICE.
RAINFALL OF ENVELOPES DOES NOT HAVE ANY CONTROL OVER OR LIABILITY WITH REGARD TO
THE EVENT AND/OR FUNDRAISING ACTIVITIES REFLECTED IN THE LISTINGS ON THE RAINFALL
OF ENVELOPES WEB SITE. RAINFALL OF ENVELOPES DOES NOT INVESTIGATE NOR DOES IT ENDORSE
ANY LISTING. YOU HAVE THE SOLE RESPONSIBILITY TO VERIFY THE IDENTITY OF A USER TO
WHOM YOU PROVIDE A GIFT, AND TO VERIFY THE ACCURACY OF THAT USER’S LISTING ON THE
RAINFALL OF ENVELOPES WEB SITE, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF INFORMATION
CONCERNING ANY EVENT AND/OR FUNDRAISER FOR WHICH YOU ARE PROVIDING A GIFT.
RAINFALL OF ENVELOPES DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS
TO OUR SERVICE OR THE RAINFALL OF ENVELOPES WEB SITE, AND OPERATION OF OUR SITE
MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. RAINFALL OF ENVELOPES
WILL MAKE REASONABLE EFFORTS TO ENSURE THAT THE SALE PRICE AND OTHER NECESSARY INFORMATION
CONCERNING A SALE ARE TRANSMITTED TO PAYPAL IN A TIMELY MANNER BUT RAINFALL OF ENVELOPES
MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO TRANSMIT
SUCH INFORMATION BECAUSE OUR SERVICE IS DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR
IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE,
THEN OUR LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE
LAW. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING
DISCLAIMERS MAY NOT APPLY TO YOU. THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS AND
YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
9.3 Limitation of Liability. UNDER NO CIRCUMSTANCES WILL RAINFALL OF ENVELOPES,
ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS
AND SUB-CONTRACTORS BE LIABLE TO ANY USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE
RAINFALL OF ENVELOPES WEB SITE, THE SERVICES, OR ANY PROVISION OF THIS AGREEMENT
(HOWEVER ARISING, INCLUDING NEGLIGENCE). SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT,
EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED
TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
9.4 Indemnification. You agree to defend, indemnify and hold Rainfall of
Envelopes, its officers, directors, employees, representatives, agents and affiliates
harmless against any and all losses, damages, suits, judgments, costs and expenses
(including litigation costs and reasonable attorneys' fees) arising out of or in
connection with any claim, suit, action or other proceeding brought against Rainfall
of Envelopes or such party, to the extent that such claim, suit, action or other
proceeding is based on or arises from: (a) any breach by you of any portion of this
Agreement; (b) your use of the Service and/or the Rainfall of Envelopes Web Site;
or (c) any materials or other information that you have posted to the Rainfall of
Envelopes Web Site or transmitted through it, and/or any content on your web site
or otherwise provided by you.
9.5 Contact Rainfall of Envelopes First. If a dispute arises between you
and Rainfall of Envelopes, our goal is to learn about and address your concerns
and, if we are unable to do so to your satisfaction, to provide you with a neutral
and cost effective means of resolving the dispute quickly. Disputes between you
and Rainfall of Envelopes regarding the Service may be reported to Customer Service
by sending an email to firstname.lastname@example.org.
9.6 Alternative Dispute Resolution. If you are unable to resolve your issue
by working directly with us, Rainfall of Envelopes will consider reasonable requests
to resolve disputes through alternative dispute resolution procedures, such as mediation
or binding arbitration as alternatives to litigation. Accordingly, you and Rainfall
of Envelopes agree to resolve any claim in accordance with this Agreement, or as
otherwise agreed to in writing.
9.7 Claim Must Be Filed Within One Year. Any claim related to this Agreement
or the Service may not be brought unless brought within one year. The one-year period
begins on the date when the claim first could be filed. If it is not filed, then
that claim is permanently barred. This applies to you and your successors. It also
applies to us and our successors and assigns.
9.8 Arbitration. For any claim (excluding claims for injunctive or other
equitable relief) where the total amount of the award sought is less than $10,000.00
USD, the party requesting relief may elect to resolve the dispute in a cost effective
manner through binding non-appearance-based arbitration. If a party elects arbitration,
that party will initiate such arbitration through an established alternative dispute
resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider
and the parties must comply with the following rules: a) the arbitration shall be
conducted by telephone, online and/or be solely based on written submissions, the
specific manner shall be chosen by the party initiating the arbitration; b) the
arbitration shall not involve any personal appearance by the parties or witnesses
unless otherwise mutually agreed by the parties; and c) any judgment on the award
rendered by the arbitrator may be entered in any court of competent jurisdiction.
9.9 Law and Forum for Disputes. Except as otherwise agreed by the parties
or as described in section 9.8 above, you agree that any claim or dispute you may
have against Rainfall of Envelopes must be resolved by a court located in Arlington
County, Virginia. You agree to submit to the personal jurisdiction of the courts
located within Arlington County, Virginia for the purpose of litigating all such
claims or disputes. This Agreement shall be governed in all respects by the laws
of the Commonwealth of Virginia, without regard to conflict of law provisions.
9.10 Improperly Filed Litigation. All claims you bring against Rainfall of
Envelopes must be resolved in accordance with Section 9 of this Agreement. All claims
filed or brought contrary to Section 9 shall be considered improperly filed and
a breach of this Agreement. Should you file a claim contrary to Section 9, Rainfall
of Envelopes may recover attorneys' fees and costs (including in-house attorneys
and paralegals) up to $1,000.00 USD, provided that Rainfall of Envelopes has notified
you in writing of the improperly filed claim, and you have failed to promptly withdraw
9.11 No Waiver. Our failure to act with respect to a breach of this Agreement
and/or one or more Policies by you or others does not waive our right to act with
respect to subsequent or similar breaches.
9.12 Third Party Web sites. The Rainfall of Envelopes Web Site may offer
links to third party Web sites that are not under the control of Rainfall of Envelopes.
We do not endorse any of these Web sites or the products and services they may offer.
Your use of those Web sites shall be at your own risk and subject to their terms
9.13 Complete Agreement. This Agreement sets forth the entire understanding
between you and Rainfall of Envelopes with respect to the Service and the Rainfall
of Envelopes Web Site, and you have not relied upon any promises or representations
by Rainfall of Envelopes with respect to the subject matter except as set forth
9.14 Amendment. Except as expressly provided in Section 3.3 above, no amendment
to this Agreement will be effective unless made in, and agreed to, in writing by
you and Rainfall of Envelopes.
9.15 Survival. Sections 1, 3, 7 and 9, as well as any other terms which by
their nature should survive, will survive the termination of this Agreement. If
any provision of this Agreement is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall be enforced.
9.16 Headings. Headings in this Agreement are for convenience only and shall
not be used to interpret or construe these provisions.