Terms & Conditions
Welcome to the End of the Rainbow ® Web Site ("Site"). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").
You warrant that you are of sufficient legal age to form legally binding contracts under applicable law, and that you will be responsible for any liability you incur from using this Site.
You may not order from Endoftherainbow-gifts.com® using a false name or an invalid credit card. Fraudulent users will be prosecuted to the fullest extent of the law.
You acknowledge that the contents of this Site, including, but limited to, information, data, software, photographs, graphics, and other material (collectively, "Content") on this Site are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws.
End of the Rainbow and it's rainbow logo ® are trade marks of End of the Rainbow. All other trademarks, product names, and company names and logos appearing on Endoftherainbow-gifts.com ® are the intellectual property of their respective owners.
END OF THE RAINBOW® IS A RETAILER AND DISTRIBUTOR OF GOODS AND PRODUCTS MANUFACTURED BY VARIOUS SUPPLIERS. END OF THE RAINBOW OFFERS AND PROVIDES PRODUCTS ON AN "AS IS" BASIS. CONSUMERS PURCHASE AND USE THESE PRODUCTS AT THEIR OWN RISK. SINCE THESE PRODUCTS ARE NOT MANUFACTURED BY END OF THE RAINBOW, THE COMPANY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND/OR IMPLIED WARRANTIES. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE PRODUCTS HEREIN. CONSUMERS ARE RESPONSIBLE FOR DETERMINING THE SUITABILITY OF THE USE OF ANY SPECIFIC PRODUCT FOR USE BY ANY INDIVIDUAL, CONSIDERING AGE, MENTAL OR PHYSICAL CONDITION.
IN NO EVENT, SHALL END OF THE RAINBOW® BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST OR STOLEN DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE PRODUCTS, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, “Y2K” PROBLEMS, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ENDOFTHERAINBOW-GIFTS.COM’S RECORDS, PROGRAMS, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT END OF THE RAINBOW® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH ENDOFTHERAINBOW-GIFTS.COM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
If, notwithstanding the above, End of the Rainbow® is found liable for any loss or damage relating to the use of this Site, the aggregate liability for End of the Rainbow® to you for all claims shall be limited to a refund on the product ordered.
You agree to indemnify, defend, and hold harmless End of the Rainbow® from and against any and all liability, claims, costs and expenses, including reasonable legal fees and expenses, arising from or related to your use of Endoftherainbow-gifts.com.
This Agreement is governed by the laws of the State of Wisconsin, USA, without regard to any conflict of law provisions. You agree to submit to jurisdiction in Wisconsin and you further agree that any cause of action arising under this Agreement or resulting from your use of this site will be resolved exclusively by the state and federal courts of the State of Wisconsin, County of Waukesha.
Endoftherainbow-gifts.com makes no representations that materials on this Site are appropriate or available for use in locations outside the United States. If you access the Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
If any portion of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.