Welcome to Rising Sun & Co’s Terms and Agreement Section. Like any company, we must supply full terms and conditions to protect our customers and our company. Below you will find detailed legal terms and agreements of our service. This Agreement (the "Agreement") is a legal agreement between you and Rising Sun & Co. ("RisingSunJeans.com" or “Rising Sun”) that states the terms and conditions under which you may receive the Rising Sun & Co service and use www.RisingSunJeans.com. If you use Rising Sun & Co’s service or www.RisingSunJeans.com, you agree to these terms and conditions.
Rising Sun & Co's Online Shopping Service and Website. The Rising Sun & Co. service is a transaction and information service available to authorized users ("customers") who access www.RisingSunJeans.com. Rising Sun & Co provides an online apparel shopping service, and may in the future provide additional shopping and related services.
- Shopping Service. Rising Sun & Co. employees, agents or designees will service orders placed with Rising Sun & Co. Payment for Rising Sun & Co. products and shipping fees is due at the time of purchase. If you are not satisfied with an item that was purchased from Rising Sun & Co, and with a valid reason you may return or exchange the item. You can do this by sending an email to info@Risingsunjeans.com within 21 days of your order and must return the product in its original unopened condition. If an item you choose is not in inventory, we reserve the right to replace the item with an equivalent product. If we deem that there is not an equivalent product, we will credit your account for the amount of the item that we were unable to deliver. The items you receive may not be identical to the ones pictured because of changes to a product’s design, etc. Whenever possible, rely on the description size or email us if you have a question.
- Third Party Information Providers and Merchants. The Rising Sun & Co. service may permit you to order and receive products, information and services from businesses which are not owned or operated by Rising Sun & Co. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from such businesses are solely between you and such businesses. Rising Sun & Co. does not endorse, warrant or assume any responsibility or liability for such products, information or services including, but not limited to, the accuracy, completeness or usefulness of such information, opinion and advice and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the Rising Sun & Co service.
Your Member Account. You agree to provide Rising Sun & Co. with accurate and complete information as required by registration for the Rising Sun & Co. service ("Customer Registration Data"), including, but not limited to, your legal name, billing and delivery addresses, telephone number, credit card account number and expiration date and/or bank account information, and promptly to notify Rising Sun & Co. of any change in your Customer Registration Data. Upon registration, you will choose a password allowing you access to the Rising Sun & Co service. Your password should be kept strictly confidential to prevent unauthorized use. You agree to promptly notify Rising Sun & Co. immediately of any unauthorized use of your password or account, or loss or theft of your credit card or bank account number. You will remain liable for any use of the Rising Sun & Co Service until you notify Rising Sun & Co of the unauthorized use, loss or theft.
Property Rights - www.RisingSunJeans.com and Rising Sun & Co.
- Copyright: All content on RisingSunJeans.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of Rising Sun & Co. 2012, Rising Sun & Co. ALL RIGHTS RESERVED, or its content providers.
- Trademarks: All Rising Sun & Co. logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of Rising Sun or otherwise proprietary to Rising Sun and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on RamRunners.com are the property of their respective owners.
Fees, Payment and Access. You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your password or I.D. number, including your family, friends or other customers. Fees and charges will be assessed in accordance with the then current Rising Sun & Co. fee schedule which can be accessed online. If you fail to pay any fees or charges when due under the Rising Sun fee schedule (which includes electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use), Rising Sun & Co. may charge such amount directly to the credit card identified in your Customer Registration Data. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Rising Sun & Co. Inc. may incur in its efforts to collect any unpaid balances from you. Rising Sun & Co. reserves the right to establish a credit limit for your account. Your right to use the Rising Sun & Co. service is also subject to limits established by your credit card issuer.
Unauthorized or Fraudulent Use. Rising Sun & Co. does not offer the Rising Sun & Co. Service to children. By registering for the Rising Sun & Co. Service, you warrant that you are at least 18 years old. If you are under 18, you may use the Rising Sun & Co. Service only with the involvement of a parent or guardian. From time to time, Rising Sun & Co may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use and Rising Sun & Co. reserves the right to charge the credit card identified in your Customer Registration Data an amount equal to such damages.
Changes in Agreement, Fee Schedule or Rising Sun & Co Service. Rising Sun & Co. may at any time change any of the terms of this Agreement or the Rising Sun & Co. fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the Rising Sun & Co. service. If Rising Sun & Co. makes material changes to this Agreement or changes to the Rising Sun & Co. fee schedule, Rising Sun & Co. will provide notice to you in a manner provided in this Agreement. Your use of the Rising Sun & Co. service after any such change will be conclusively deemed acceptance of such change. Rising Sun & Co. may discontinue or revise any or all aspects of the Rising Sun & Co. service without prior notice to you. Price and availability of products are also subject to change without notice. If any change is unacceptable to you, you may cancel your Rising Sun & Co. Service and terminate this Agreement.
Termination. Rising Sun & Co may suspend or terminate your access to the Rising Sun & Co service at any time for any reason with or without notice to you. You may terminate your Rising Sun & Co service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice. If you terminate your Rising Sun & Co Service for any reason, you will not be entitled to a refund of any fees. Rising Sun & Co reserves the right to collect fees and charges incurred before you cancel your Rising Sun & Co Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
Limitation of liability and disclaimer of warranty. Your use of the Rising Sun & Co service, www.RisingSunJeans.com and the internet is entirely at your own risk. Rising Sun & Co service, www.RisingSunJeans.com and its contents are provided on an "as is", "as available" basis. To the fullest extent permitted by law, Rising Sun & Co. disclaims all representations and warranties, including, but not limited to, warranties as to the availability, accuracy or content of information, products or services, and warranties of title, non-infringement, merchantability or fitness for a particular purpose. Rising Sun & Co does not warrant that the functions provided by www.RisingSunJeans.com will be uninterrupted or error-free, or that www.RisingSunJeans.com or the server that makes it available are free from viruses or other harmful components.
Neither Rising Sun & Co. nor any of its directors, employees, investors agents, licensors or merchants (collectively, its "associates") shall be liable for damages of any kind, including, but not limited to, direct, indirect, incidental, punitive and consequential damages, arising from your use of, or inability to use, the Rising Sun & Co service, www.RisingSunJeans.com, the internet or for any other claims related in any way to your relationship with Rising Sun & Co. Rising Sun & Co's liability is limited to crediting your account for products sold by Rising Sun & Co and returned by you. Because some states or jurisdictions do not allow limitations on implied warranties or of certain damages, in such states and jurisdictions warranties and liability are limited to the greatest extent permitted by law.
The material on www.RisingSunJeans.com is provided for lawful purposes only. Rising Sun & Co. controls and operates www.RisingSunJeans.com from its headquarters in Los Angeles, CA, USA and makes no representation that these materials are appropriate or available for use in other locations. If you use www.RisingSunJeans.com from other locations, you are responsible for compliance with applicable local laws.
- Indemnification. You agree to defend, indemnify and hold Rising Sun & Co and its Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account.
- Legal and Miscellaneous
This Agreement states your entire agreement with Rising Sun & Co regarding the use of the Rising Sun & Co. Service and www.RisingSunJeans.com. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.
- The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
- This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Rising Sun & Co Inc. or its Associates or relating in any way to your use of the Rising Sun & Co. or www.RisingSunJeans.com resides in the courts of California.
- Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
- Sections 7 and 8 of this Agreement are for the benefit of Rising Sun & Co and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 7 and 8 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your Rising Sun & Co. service.