Terms of Use

Effective as of: November 14, 2010

Welcome to Catching Rain! By visiting, shopping, or interacting in any way with Catching Rain, you agree to be bound by the following terms and conditions (the "Terms of Service"). Please read them carefully. In addition, when you use any current or future Catching Rain service or visit or purchase from any business affiliated with Catching Rain, whether or not included in the Catching Rain web site, you also will be subject to the guidelines and conditions applicable to such service or business. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

ELECTRONIC COMMUNICATIONS

When you visit Catching Rain or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

TRADEMARKS and COPYRIGHT

CATCHING RAIN is a trademark of Catching Rain. Catching Rain's trademarks may not be used in connection with any product or service that is not Catching Rain's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Catching Rain. All other trademarks not owned by Catching Rain that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Catching Rain.

All content included on this site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of Catching Rain or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Catching Rain and protected by U.S. and international copyright laws. All software used on this site is the property of Catching Rain or its software suppliers and protected by United States and international copyright laws.

Catching Rain respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Catching Rain's copyright agent the following written information, so as to notify Catching Rain and its affiliates that your copyrighted material has been infringed:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Catching Rain's Copyright Agent for notice of claims of copyright or other intellectual property infringement on its site is reachable by email: CopyRightAgent@CatchingRain.com

LICENSE AND SITE ACCESS

Our services are available only to, and may only be used by, individuals who can form legally binding contracts and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You do not have the right to (and do not allow any third party to) download (other than page caching), copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. Additionally, you agree that you will not take any action that imposes, or may impose, in our sole discretion an unreasonable or disproportionately large load on our infrastructure. You agree not to access the Service by any means other than through the interface that is provided by Catching Rain for use in accessing the Service.

Catching Rain does not allow any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Catching Rain. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Catching Rain and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Catching Rain's name or trademarks without the express written consent of Catching Rain. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to only the Catching Rain home page, the Tree of Life home page, the Image Gallery home page, or the Greeting Cards home page, so long as the link does not portray Catching Rain, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third-party beneficiaries to this agreement.

YOUR ACCOUNT

We encourage you to become a member of Catching Rain in order to better utilize the Site and for value-added service. If, and when, you decide to become a Member, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you want to review, correct, or change personal information that you have previously provided to us, please visit the My Account section of the Site. If you provide any information that is untrue, inaccurate, not current or incomplete, or Catching Rain has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Catching Rain has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Catching Rain of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Catching Rain cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You will not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

If you do post content or submit material, and unless we indicate otherwise, you grant Catching Rain and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Catching Rain and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Catching Rain or its affiliates for all claims resulting from content you supply. Catching Rain has the right but not the obligation to monitor and edit or remove any activity or content. Catching Rain takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from Catching Rain are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

DISCLAIMER OF WARRANTIES

THE CATCHING RAIN SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE CATCHING RAIN SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. CATCHING RAIN, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CATCHING RAIN, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE CATCHING RAIN SERVICES. CATCHING RAIN, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION, ADVICE, SERVICES, OR GOODS RECEIVED THROUGH, ADVERTISED ON, OR RECEIVED THROUGH ANY LINKS PROVIDED BY, THE CATCHING RAIN SERVICES. CATCHING RAIN, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DISCLAIM THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SITE WILL BE CORRECTED. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE CATCHING RAIN SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL CATCHING RAIN, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE CATCHING RAIN SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CATCHING RAIN, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CATCHING RAIN SERVICES, FROM INABILITY TO USE THE CATCHING RAIN SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CATCHING RAIN SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CATCHING RAIN SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE CATCHING RAIN SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE CATCHING RAIN SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE CATCHING RAIN SERVICES. WE WILL NOT BE LIABLE FOR, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE CATCHING RAIN SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE CATCHING RAIN SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT GUARANTEE OR WARRANT YOUR SATISFACTION WITH THE SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT CATCHING RAIN, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE CATCHING RAIN WEB SITE, (2) ANY INCOMPATIBILITY BETWEEN THE CATCHING RAIN WEB SITE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE CATCHING RAIN WEB SITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE CATCHING RAIN WEB SITE.

THE LIABILITY OF CATCHING RAIN, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall CATCHING RAIN, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

DISPUTES

Any dispute relating in any way to your visit to Catching Rain or to products you purchase through Catching Rain shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate Catching Rain's intellectual property rights, Catching Rain may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

YOU AND CATCHING RAIN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, OR RELATED TO, THE CATCHING RAIN WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

This agreement shall be governed by California Law, without regard for conflicts of laws principles.

Keep in mind that all sales are final. If you need to ask us a question, please call 818-448-3711, or send us a letter to this address:
Catching Rain
11862 Balboa Blvd. Suite 131
Granada Hills, CA 91344

SITE POLICIES, MODIFICATION, AND SEVERABILITY

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Catching Rain may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer, or sublicense your rights, if any, in the Catching Rain Web Site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Catching Rain and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Catching Rain. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

Catching Rain reserves the right to change the terms, conditions, and notices under which it offers the Catching Rain Web Site, including any charges associated with the use of the Catching Rain Web Site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on Catching Rain. Your continued use of Catching Rain after the effective date of such changes constitutes your acceptance of and agreement to such changes.

Catching Rain may terminate this Agreement, or terminate or suspend your access to Catching Rain at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use Catching Rain will immediately cease and any information you have stored on Catching Rain may not be retrieved later.

PRIVACY POLICY Click here to review the Catching Rain Privacy Policy