Terms & Conditions

TERMS AND CONDITIONS

 

  1. Introduction

    1. Rainy Day Capital, LLC (the “Company”) offers use of www.rainyday.org and the information and services available on this Website (individually and collectively the “Services”) on your acceptance of these Terms and Conditions, our Privacy Policy, and other notices and agreements posted on this Website.

    2. Your use of the Services indicates your acknowledgment and agreement with these Terms and Conditions, our Privacy Policy, and other notices and agreements posted on this Website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use the Services.

    3. The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions from these Terms and Conditions without notice or liability to you. Any changes to these Terms and Conditions shall be effective immediately following the posting of such changes. You agree to review these Terms and Conditions from time to time and agree that any subsequent use by you of the Services following changes to these Terms and Conditions shall constitute your acceptance of all such changes.

    4. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICES OR ANY FEATURE AT ANY TIME AND IN ITS SOLE DISCRETION, WITHOUT PRIOR NOTICE, WHENEVER THE COMPANY DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF APPLICABLE LAWS AND REGULATIONS OR THESE TERMS AND CONDITIONS.

     

  2. Access to Services

    1. The Company makes no claims that the Services may be lawfully accessed in any specific country, state, or province. Access to the Services may not be legal by certain persons or in certain countries, states, or provinces or may require government authorization or registration.

    2. When you access and/or use the Services you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction.

    3. Only those over the age of eighteen (18) may use the Services.

     

  3. Use of Website

    1. The Company authorizes you to view and access a single copy of the content available on or from www.rainyday.org solely for your own, non-commercial use.

    2. You may also view and make copies of relevant documents or other materials consistent with the purpose of the offered Services.

     

  4. Your Conduct

    1. This Website may be used only for lawful purposes. The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any purposes other than designated by the Company.
    2. You are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mail bombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

    3. Inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

     

  5. Registration, Username and Password

    1. When you register for the Services you will be asked to provide certain information including, without limitation, a valid email address. You warrant and represent that all such information is current and accurate and that you have the responsibility to keep all such information updated and confidential.

    2. You are solely responsible for the information that you provide in order to gain access to the Services. The Company reserves the right in its sole discretion to decide whether the information you provide is appropriate and complies with these Terms and Conditions and other Company policies.

    3. You are responsible for maintaining the confidentiality of your username and password, and are responsible for all uses of your username and password, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your username or password.

    4. You are responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data provided to the Company.

     

  6. Use of Website Services

    1. The Services are offered only to assist in the acquisition of a loan, and each user is solely responsible for deciding whether the Services are suitable for their own purposes.

    2. Under no circumstances is the Company providing legal or financial advice. You are solely responsible for seeking professional trading or broker advice and consultation if you deem such advice necessary.

    3. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties.

     

  7. Intellectual Property

    1. “Rainy Day” and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is unlawful and prohibited.

    2. The Services, including without limitation all content, programs, complied binaries, interface layout, interface text, documentation, resources and graphics, is the property of the Company and is protected by copyright, trademark, and other laws of the United States and other countries.

    3. You may not duplicate, display, publish, modify, create derivative works from, or in any way use, distribute or sell Website content or otherwise use the Services in any way for any purpose other than as authorized by the Company.

     

  8. Links

    1. This Website may contain links to other websites and/or advertisements that take a user to another website. The Company is not responsible for the content, Terms and Conditions, or privacy policies of any such websites. Users are encouraged to be aware of the specific content on the other websites when they leave this Website and to read the applicable Terms and Conditions and privacy policies.

    2. By creating a link to a third party website, the Company does not endorse or recommend any products or services offered or information provided by the linked website, nor is the Company liable for any failure of products or services offered or advertised at the linked website.

     

  9. DISCLAIMERS

    1. THE WEBSITE AND/OR THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

    2. THE COMPANY DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND/OR SERVICES AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS.

    3. THE COMPANY OFFERS NO EXPRESS OR IMPLIED GUARANTEES OR WARRANTIES REGARDING THE BENEFITS OR EFFECTIVENESS OF ANY SERVICES OR THAT YOU WILL FIND THE SERVICES SATISFACTORY, COMPLETE, OF BENEFIT, OR SUITABLE FOR YOUR OWN CIRCUMSTANCES. YOU USE THE SERVICES AT YOUR OWN RISK.

    4. THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE AND/OR THE SERVICES WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND/OR THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE AND/OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

    5. THE TRANSMISSION OF DATA OR INFORMATION (INCLUDING COMMUNICATIONS BY EMAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS.

    6. THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE WEBSITE AND/OR THE SERVICES, OR THE INFORMATION YOU MAY HAVE ADDED TO THE SOFTWARE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION.  NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.

    7. THE COMPANY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OFFERED AT THE LINKED WEBSITES.

     

  10. LIMITATION OF LIABILITY

    1. IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE AND/OR THE SERVICES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. 

    2. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF THE COMPANY HAS BEEN NEGLIGENT OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.

     

  11. DISCLAIMER OF CONSEQUENTIAL DAMAGES

    1. IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, OR ANY THIRD PARTIES MENTIONED ON OR AS A PART OF THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

     

  12. YOUR LIABILITY

    1. IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SERVICES YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THAT DISRUPTION.

     

  13. INDEMNITY

    1. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE SERVICES; (II) ANY MATERIAL YOU PROVIDE, AND/OR (III) YOUR BREACH OF THESE TERMS AND CONDITIONS. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION BY YOU.

     

  14. Breach of Agreement

    1. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination without notice of your registration with, or ability to access the Services upon any breach by you of these Terms and Conditions.

     

  15. Additional Terms and Conditions

    1. Nothing in this Agreement is intended to create or will be construed as creating a joint venture, partnership, employer/employee or principal and agent relationship.

    2. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Oregon applicable therein, without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You irrevocably consent to the exclusive jurisdiction of the courts located in the State of Oregon in connection with any action arising out of or related to these Terms and Conditions and waive any objection based on lack of personal jurisdiction, place of residence, or forum non-convenience in any such action.

    3. If any court having competent jurisdiction holds any provision of these Terms and Conditions invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms and Conditions shall continue in full force and effect. 

    4. The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.

    5. You consent to the use of electronic means to deliver any notices pursuant to this Agreement and electronic records to store information related to these Terms and Conditions.

    6. You may not assign these Terms and Conditions or any of its rights or obligations hereunder.

    7. Except as expressly specified herein, this Agreement shall create rights and obligations only between the Company and each individual user that accepts this Agreement and it does not create any rights for any other person or business entity.

     

Any questions about these Terms and Conditions may be directed to help@rainyday.org.