Privacy Policy

Rathman & Co, LLC (“Rathman & Co”) has established this privacy policy to explain to you how your information is protected, collected, and used on its website www.rathmanandco.com (the “Site”), Rathman & Co may update this policy at any time. Rathman & Co will provide notice of materially significant changes to this privacy policy by posting notice on the Site.

 

Protecting Your Privacy

Rathman & Co makes all attempts to protect your private information. Rathman & Co will not share your personal information with any third parties without your consent unless otherwise specified in this Policy.

Rathman & Co, or people who post on the Site, may provide links to third party websites, which may have different privacy practices. Rathman & Co is not responsible for, and does not have any control over, the privacy policies of those third party websites, and encourages all users to read the privacy policies of each and every website visited.

 

Use of Website by Minors

Rathman & Co does not knowingly collect any information from persons under 13 years of age. Further, the use of the Site, subscribing to Rathman & Co’s subscription services, and/or buying any products from the Site is only knowingly allowed by individuals who are over the age of 18 and can enter into legally binding contracts.

 

Data Rathman & Co Collects

Rathman & Co may collect your name, email address, physical address, and phone number for verification purposes if you purchase any products from Rathman & Co.

Rathman & Co sometimes collects your email address, for purposes such as sending email newsletters, product release information, sale information, and authenticating your account. By submitting your email Rathman & Co, you consent to emails from Rathman & Co.

Rathman & Co sometimes collects your phone number for the purpose of calling you about purchases made through Rathman & Co. By submitting your phone number to Rathman & Co, you consent to phone calls from Rathman & Co, even if such number is registered through a state or federal “Do Not Call” list.

Rathman & Co may collect personal information if you provide such information in feedback or comments or if you contact Rathman & Co directly. Any information posted on the site is not confidential. Please do not post anything on Rathman & Co that you would like to keep private.

The Site’s weblogs collect standard weblog entries for each page served, including your IP address, page URL, and timestamp. Weblogs help Rathman & Co diagnose problems with our server, to administer the Site, and to otherwise provide service to you. In addition, Rathman & Co may collect other information from your interaction with our Site, services, content, and advertising, including computer and connection information, statistics on page views, traffic to and from the Site, ad data, IP address, demographic and navigational data, and standard weblog information. This information may be obtained for Rathman & Co from a third party provider including, but not limited to, through the use of Google Analytics. Rathman & Co may use this information for marketing, commercial, or any other purpose as Rathman & Co sees fit.

Rathman & Co may collect personal information if you provide such information in feedback or comments or if you contact Rathman & Co directly. Any information posted on the site is not confidential. Please do not post anything on the Site that you would like to keep private.

 

Data Rathman & Co Stores

All information posted to this Site may be stored in the Site’s database, even after “deletion”, and may be archived elsewhere.

The Site’s weblogs and other records are stored indefinitely. This may include any information you supply to Rathman & Co, your purchase history, and your browsing history. However, Rathman & Co cannot guarantee access to these records by third parties for more than three business days after the original information was submitted.

Although Rathman & Co makes good faith efforts to store the information in a secure operating environment that is not available to the public, Rathman & Co cannot guarantee complete security.

Rathman & Co may store information in an off-site location, which may or may not be located in the United States and may not be bound by the laws of the United States.

Archiving and display of the Site’s webpages by search engines and other sites

Search engines and other sites not affiliated with Rathman & Co archive or otherwise make available Rathman & Co’s individual webpages. Rathman & Co has no control over third party archiving and search engine sites and cannot guarantee the accuracy of any information stored by search engine sites.

 

Credit Card Information.

Stripe.com handles all purchases made through the Site. Please see Stripe.com’s Privacy Policy regarding payments made through its site.

Circumstances in which Rathman & Co may release information

Rathman & Co may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.

Rathman & Co may disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use; respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of Rathman & Co, its users, or the general public.

Rathman & Co may disclose your information to third parties for use by Rathman & Co. This may include disclosure to email marketing providers to provide targeted marketing for our users. If you do not wish to receive email marketing from Rathman & Co, you will have the option to unsubscribe from the service.

Rathman & Co may disclose your information to other business entities, should Rathman & Co plan to merge with or be acquired by that business entity.

Rathman & Co may disclose your information in the event that you dispute any charges incurred by you with Stripe.com and/or any other third party service provider from Rathman & Co.

 

Geotracking

Rathman & Co does not do any geotracking at this time through the Rathman & Co system; however, certain third party providers, such as Google Analytics, may request this information if your device allows it.

 

International Users

Rathman & Co welcomes international users to browse the Site. International Website Users consent to all the terms of service and this privacy agreement. International users waive any and all remedies that they may have based on the laws of their country.

 

Cookies and Similar Technologies

Rathman & Co may use various technologies to collect and store information when you visit the Site including cookies or similar technologies to identify your browser or device. By using the Site, you consent to the use of such technologies.

 

Cancellation policy
All orders may be cancelled within 72 hours or prior to shipping whichever is earlier. Refunds will be applied within 10 business days. Once a product has shipped it is considered a return. Please see our return policy for details.

 

Return Policy
You may return an item for a refund of the merchandise total within 30 days of delivery; all you need to do is ship the item back to us. Return credits are issued within 5 business days once the item is received and inspected. Please note, if you return an item the return shipping and handling costs will be deducted from your total refund amount.

 

Receiving product
Within 48 hours of receiving your product you must notify Rathman & Co of any damages caused during shipping. It is the customers responsibility to fully document any and all damages that have occurred. If your item arrived damaged or defective, we are happy to arrange for a prompt replacement. Send an email to
Care@rathmanandco.com or call 1-800-286-3771

 

Return Eligibility
Items must be in new condition and in the original packaging to qualify for a refund (please do not assemble or modify the product in any way). The few exceptions that cannot be returned include:
Clearance Items
Gift Certificates
Personalized Items
Items Marked “Non-Returnable” (clearly indicated on the sale page before placing your order)
Products with pet damage
Once we receive the product we will inspect it for damages. If product is damaged additional fees may be deducted from refund amount.

 




Terms Of Use

Rathman & Co TERMS OF USE
Last updated March 25, 2016

IMPORTANT: ALL USERS MUST READ THESE TERMS

Acceptance of Terms and Conditions. Please carefully read Rathman & Co, LLC’s (“Rathman & Co”) Terms of Use, and Privacy Policy (collectively, the “Terms of Use”) before accessing, purchasing from, or using the Site. By accessing or using rathmanandco.com (the “Site”), you acknowledge that you have read, understand, and agree to be bound by all the terms set forth in these Terms of Use. You can accept these Terms of Use in one of three ways: (1) by clicking to “accept” or “agree” to these Terms of Use, where this option is presented or made available to you on the Site; (2) by actually using the Site; and/or, (3) by making purchases from the Site.

BY USING THE WEBSITE, YOU AGREE TO THIS AGREEMENT IN FULL. IF YOU DO NOT AGREE TO THIS AGREEMENT IN FULL, DO NOT USE THE WEBSITE. EXCEPT AS OTHERWISE PROVIDED, THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND YOUR CONTINUED USE OF THE WEBSITE AND/OR PURCHASE OF ANY PRODUCETS FROM THE WEBSITE AFTER ANY CHANGES HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGES. IF YOU DO NOT AGREE TO THE TERMS OF USE AS SET FORTH IN THIS AGREEMENT, YOU MUST EXIT THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ORDER ANY ITEMS THROUGH THIS WEBSITE.

 

GENERAL

The Site. Rathman & Co allows you to purchase items from the Site. These Terms of Use govern the use of this Site by you. By using this Site (other than to read these Terms of Use for the first time) or by creating an account, you agree to comply with these Terms of Use. The right to use this Site is personal to you and is not transferable to any other person or entity. You agree that you are responsible for protecting the confidentiality of your password if you create an account. You may use the Site only as permitted by these Terms of Use and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States.

Use and Restrictions. The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 13 years of age or older, and who are not barred from using the Site under applicable laws. You acknowledge and agree that Rathman & Co, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site.

Your Account. In order to purchase items through this Site, you may establish an account with Rathman & Co. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of items through the use of the Site that occur under your account or your account password. You acknowledge and agree that Rathman & Co may access, preserve, and disclose your account information, all User Communications (as defined below), all communications to and from you, all information relating to your use of the Site, and all information relating to the use of the Site under your account or account password if Rathman & Co is required to do so by law or legal process or if Rathman & Co determines, in its sole discretion, that such action is necessary to protect the rights of Rathman & Co, third parties, and other users of the Site or for purposes of responding to your request for customer service. Rathman & Co’s right to disclose any such information shall govern over any terms of our Privacy Policy. If you choose not to establish an account, you agree and acknowledge that your rights to return items, look up previous orders, and other features of the Site may be limited.

Changes to the Terms of Use. Rathman & Co reserves the right to make any modification to these Terms of Use, as Rathman & Co deems necessary or desirable without prior notification to you. Rathman & Co suggests, therefore, that you re-read this important notice containing our Terms of Use from time to time in order that you stay informed as to any such changes. If Rathman & Co makes changes to our Terms of Use and you continue to use the Site, including, but not limited to, logging into your account or purchasing items from Rathman & Co, you are agreeing to and accepting the Terms of Use and Privacy Policy expressed herein, including any modifications. Please note any deletions or modifications to these Terms of Use shall be effective immediately upon Rathman & Co’ posting thereof.

Privacy Policy. Rathman & Co cares about your privacy. Rathman & Co’ Privacy Policy applies to the use of the Site, and its terms are made a part of these Terms of Use by this reference. To view our Privacy Policy, click here. Additionally, by using the Site, you acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of Rathman & Co and that communications with Rathman & Co can never be guaranteed to be 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 is encrypted. Nonetheless, Rathman & Co employs reasonable measures to protection your information from unauthorized use or disclosure. While Rathman & Co makes these reasonable precautions against loss or theft of data, neither Rathman & Co nor its associates shall be responsible for any data lost or stolen while transmitting information on the Internet. While it is Rathman & Co’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance.

 

PURCHASES

Products Descriptions. In describing and portraying our products on the Site, Rathman & Co attempts to be as accurate as possible. However, Rathman & Co does not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. Rathman & Co reserves the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability from time to time without prior notice. In addition, you acknowledge that each product sold on the Site is handmade and unique, and that there may be variations in color and/or size, either now or over time, due to the difference in what you see on a computer screen versus in real life, the handmade nature of these products, and the materials used in the creation of these products. Also, you acknowledge that multiple orders of the same product may not be identical due to the handmade nature of these products.

All Orders Are Final. Rathman & Co tries to process orders within 3 business days of receiving the information and will give you an estimated ship date. All orders are final except for delays caused by Rathman & Co. If the delay is caused by Rathman & Co, you will be given the option to cancel your order. If the delay is caused due to missing information from you, Rathman & Co will process your order as soon as your information is received. All orders are final even if they are delayed once production begins on the product you ordered.

Defective Items. If you believe you have received a defective item or incorrect order, you must contact Rathman & Co within 24 hours of receipt along with a photo of the defect. Rathman & Co will contact you within three business days to discuss the defect and the best course of action to correct it.

Shipping. When you place an order on Rathman & Co, your order will be shipped to the address designated by you as long as that shipping address can accept packages. Rathman & Co may require verification of information prior to the acceptance and/or shipment of any order. Rathman & Co reserve the right, without prior notice, to limit the order quantity on any product or service, and/or to refuse service to any customer. Shipping costs are calculated based on your address unless a flat fee is available.

Delivery Date. You will be contacted by the delivery company approximately two days prior to delivery to confirm that date and time of your delivery. All deliveries are made by freight companies, which operate slightly differently than standard couriers such as UPS and FedEx. Most freight companies require that an adult be present at the time of delivery and will not leave items without an adult over the age of 18 being able to sign for the shipment.

Non-Continental US/International Shipping. At this time Rathman & Co only ships to locations in the lower 48 United States through our Site. If you are outside of this area, please contact Rathman & Co for shipping availability.

Taxes. At this time, Rathman & Co only collects taxes from buyers with shipping and/or payment addresses in Colorado. If you are outside Colorado, you will be responsible for all taxes.

Heavy Articles. Most of the items purchased through the Site, including our Kustom Kennels, are extremely heavy. Please have at least two individuals available on the day of delivery to move your items as most freight companies will only delivery the items to your door. Most of our products are shipped fully assembled. Please do not drag your Kustom Kennel as this can cause damage to the legs of the Kustom Kennel.

Use of Products. All products are made with non-toxic materials. However, you should limit any chewing, licking, or other uses of our products by your animals. Rathman & Co is not responsible for any injury to your animal due to the misuse of the Kustom Kennel or other animal furniture product such as damage to the structure of the product, damage to the area where your animal furniture product is stored and/or injury to your animal such as splinters, scratches, and/or other injuries. Further, our products should be used with plastic trays so that should your animal have an accident, the furniture does not get soiled.

 

Intellectual Property

Change in the Site, its Contents, and its Features. Rathman & Co reserves the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any service, content, feature, or items offered through the Site, with or without notice; change the equipment and/or programs necessary to access the Site, charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. Rathman & Co may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. You agree that Rathman & Co shall not be liable to you or to any third party should any of the foregoing occur with respect to the Site. Further, Rathman & Co may request additional information at any time by you to update or enhance benefits and/or use of the Site.

Communications. This Site and all content contained within are private property. All interactions on this Site must comply with these Terms of Use. By submitting material to the Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication, whether such submission is by a public feature of the Site (i.e. posting area) or by private transmission (i.e. email and/or letter to Rathman & Co), you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted Rathman & Co a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You agree that Rathman & Co may use any User Communication for any purpose in Rathman & Co’s sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that Rathman & Co shall be under no obligation to maintain any User Communication in confidence; to pay compensation for any User Communication; and/or to monitor, use, return, review or respond to any User Communication.

Your Responsibility. If you post information on the Site, you are solely responsible for each User Communication that you post on the Site and agree that you will not hold Rathman & Co responsible or liable for any User Communication from another user that you access on the Site. Moreover, Rathman & Co reserves the right to delete any User Communication from our Site, including, but not limited to, negative feedback if Rathman & Co finds that such feedback is untrue or abusive. You understand that when using the Site, you will be exposed to User Communications from a variety of sources and that Rathman & Co is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications.

Copyright and Trademarks. The Site is owned and controlled by Rathman & Co and unless otherwise agreed in writing, all materials on our Site, including text, menus, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by Rathman & Co. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE PAGES IN THE WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF Rathman & Co IS STRICTLY PROHIBITED. The Site and Content are intended solely for your personal, non-commercial use. You may not download or copy any of the Content without permission from Rathman & Co unless such permission is explicitly granted on the Site. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above or on the Site), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell, exploit, or otherwise use any of the Content or the Site for any public or commercial purpose. Rathman & Co also owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Site Content on any Internet, Intranet, or Extranet Site or incorporate the information in any other database or compilation. Rathman & Co does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of Rathman & Co and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site. Trademarks that are located within or on the Site shall not be deemed to be in the public domain but rather the exclusive property of Rathman & Co, unless such trademark is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Rathman & Co, unless otherwise stated.

Copyright and Trademark Complaints. Rathman & Co respects the intellectual property rights of others. Rathman & Co is committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and Rathman & Co requires all users of the Site to comply with these laws. Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on the Site in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When Rathman & Co receives proper Notification of Alleged Copyright Infringement, Rathman & Co promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please contact info@rathmanandco.com to report infringement of your copyright. Rathman & Co may, at its sole discretion, terminate users who are deemed by Rathman & Co to be have committed copyright infringement, whether or not there is any repeat infringement.

Doggie Den® Design is Protected by U.S. Patent Application No. D821,038. Additional patents may be pending in the U.S. and elsewhere.

Links to the Site; Third Party Links on the Site; Third Party Content on the Site. Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Site must comply will all applicable federal and state laws, statutes, rules, and regulations. The Site may contain links to other websites that are not owned, operated, or controlled by Rathman & Co (“Third Party Sites”) as well as articles, menus, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the “Third Party Content”). All such links are provided solely as a convenience to you. If you use these links, you will leave the Site and Rathman & Co cannot be responsible for any content, materials, information, or events that are present on or that occur on websites that are not owned, operated, or controlled by Rathman & Co. Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Rathman & Co. Rathman & Co is not responsible for any Third Party Sites accessed through the Site or any content posted by any users on this Site or any Third Party Sites regarding Rathman & Co. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that Rathman & Co’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Site to which you navigate from this Site.

 

Warranties/Disclaimers

Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER Rathman & Co, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE PRODUCTS PURCHASED THROUGH THIS SITE. THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Rathman & Co IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL Rathman & Co, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. YOU HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER Rathman & Co, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. Rathman & Co IS NOT RESPONSIBLE FOR ANY CONTENT THAT AN ENDUSER OR AN UNAUTHORIZED USER MAY POST ON THIS WEBSITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY Rathman & Co. MOREOVER, Rathman & Co RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT IT, Rathman & Co, DEEMS UNSUITABLE.

Use of Items. YOUR USE OF ANY ITEMS PURCHASED FROM THE SITE IS AT YOUR OWN RISK. IN NO EVENT WILL Rathman & Co BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY THE USE OF ITEMS. YOU TAKE FULL RESPONSIBILITY FOR THE USE OF ANY ITEM YOU BUY AND AGREE TO INDEMNIFY AND HOLD HARMLESS Rathman & Co FOR ANY INJURIES CAUSED BY THE USE OF SUCH ITEMS.

Limitation on Damages. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if Rathman & Co is otherwise found to be liable to you in any manner, then Rathman & Co’s aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten United States dollars. You agree to defend, indemnify, and hold harmless Rathman & Co, its officers, directors, employees, business partners and agents, from, and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and/or expenses (including but not limited to attorneys’ fees) arising from: (1) any breach by you of any of these Terms of Use; (2) your User Communications; and/or (3) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

 

Termination

Either you or Rathman & Co may terminate these Terms of Use at any time. You may terminate these by ceasing all use of the Site. Rathman & Co may terminate these by ceasing to offer the Site to you and/or the general public or by sending notification that you can’t use the Site. If you have purchased any items from Rathman & Co prior to termination and such items are either (a) in production or (b) have been shipped to you, you will still be required to remit payment for such items. If you have purchased any items from Rathman & Co prior to termination and such items are not in production nor have the items been shipped to you, Rathman & Co will not be required to send such items to you nor shall you be required to pay for them.

 

Miscellaneous

Severability. If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use and the remaining portions of these Terms of Use shall continue in full force and effect.

Governing Law; Venue and Jurisdiction. By using the Site and/or purchasing products from this Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Rathman & Co. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.

Indemnity. You agree to indemnify and hold Rathman & Co, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of these Terms of Use or of any law or the rights of any third party.

Electronic Communications. You consent to receive electronic communications from Rathman & Co either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.