TERMS & CONDITIONS
In connection with viewing and using this website, you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for only your personal, non-commercial use. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of this website are expressly prohibited without the written consent of East Rain and any copyright owner from whom we have obtained a license. Requests for such permission should be made to [email protected] or to the contact specified below. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these terms of use. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without East Rain’s written permission.
CONTENTS AND HYPERLINKS
This website may contain hyperlinks to third party websites, and those websites are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. East Rain has no control over the content or policies of such third-party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF NEW JERSEY.
USER CONTENT
East Rian is pleased to hear from its customers; however, we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing except in compliance with the procedures outlined for idea submissions outlined elsewhere in this website. Please do not send us any original creative materials such as product ideas or suggestions except in compliance with such procedures. Anything you disclose or offer to us by or through this website (“Communications”), including e-mails to East Rain or postings on interactive portions of this website, shall be deemed and shall remain the property of East Rain. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. East Rain is free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By uploading or otherwise providing any Communications to this website or East Rain, you hereby grant East Rain, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded Communications have been waived. By submitting Communications to us through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE East Rain from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF NEW JERSEY.
INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT
East Rain does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF NEW JERSEY.
When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:
- You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
- You will not upload viruses or harmful components.
- You will not use the website to further any illegal purpose or to violate the rights of any party.
- You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
East Rain will assist law-enforcement officials investigating illegal activity or violations of these terms of use.
PRODUCTS, SERVICES AND SOFTWARE
Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by East Rain or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.
A description or reference to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by East Rain of that product, service or publication. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.
PRICING
All prices on this website are listed in U.S. Dollars. Where products are offered for sale, prices do not include shipping or handling, which shall be charged on all orders as applicable and will be indicated at the time of your order. Sales tax is estimated at the time the product is purchased.
In the event a product is listed at an incorrect price due to typographical or other error in pricing, we have the right to refuse or cancel any orders placed for the products listed at the incorrect price whether or not the order has been confirmed or accepted and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.
SHIPMENT AND DELIVERY
Unless otherwise indicated at the time of ordering or by subsequent notification from us, shipments will be made via a carrier that we select, or if we give you a choice of shipping method, the carrier that you select. If you choose an express delivery service, an additional charge will be imposed at the time of your order. If your order is accepted and the items selected are in stock, your order will normally ship within the time indicated on our website. All ship and delivery dates specified on our website are estimates only and are subject to change. We do not guarantee delivery dates, and we are not responsible for delays by the carrier. Risk of loss and title to ordered items pass to you upon delivery to the shipping carrier. Inspect your shipment upon arrival. Report any shipping-related damage immediately to the carrier.
RETURNS
Unused items purchased from eastrain2012.com may be returned in their original condition within 30 days of delivery for a full merchandise refund, not including shipping charges.
To request a Return Authorization, please contact us at [email protected], All returns require a Return Authorization.
Except in cases where the return is the result of an error by East Rain or the item arrives damaged or defective, original shipping charges are non-refundable and you are responsible for all return shipping costs. East Rain will not be liable for returns that are lost in transit or returned to the incorrect address; please retain your return tracking information.
The refund amount will be reduced by 20% when:
- Orders/Items are refused upon delivery
- Returns are made without authorization
- Returns are made past the 30 day return window
IMPORTANT NOTE: Replacement part orders placed with our Consumer Services Department cannot be returned for a refund or an exchange. All replacement part sales are final.
NO REPRESENTATIONS OR WARRANTIES
The pages on this website may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED “AS IS.” EAST RAIN DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
East Rain makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or East Rain’ computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD EAST RAIN HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL EAST RAIN BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL EAST RAIN’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.
CHOICE OF LAW
East Rain controls and manages this website from its facilities in the People’s Republic of China. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region. These terms of use shall be governed by and construed in accordance with the laws of the People’s Republic of China, without giving effect to any principles of conflicts of law.
JURISDICTION
You and East Rain irrevocably consent to the exclusive jurisdiction of the courts located in People’s Republic of China in connection with any action arising out of or related to these terms of use or their subject matter. You and East Rain waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenient in any such action.
DISPUTES
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. Any dispute or claim relating in any way to these to the Terms of Use, this website, or any products or services sold or distributed by or through this website, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
TRADEMARKS AND COPYRIGHTS
Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of East Rain or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners.
Except as otherwise noted, East Rain is the owner of all trademarks and service marks on this website, whether registered or not. All registered trademarks are registered in the United States of America (or other applicable jurisdictions).
SEVERABILITY
If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.
PRIVACY
Please see our Privacy Policy for information regarding the collection and use of personal information from this website.
Despite any representations concerning privacy, East Rain reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.
GENERAL
These terms of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.
Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. East Rain reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights East Rain may have.
Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control.
Unless otherwise indicated, all material on this site East Rain Inc.
