The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
All content appearing on our Web sites (including, but not limited to text, photographs, graphics, video, audio and other content) are the property of PermaDesign and are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify or create derivative works in order to commercially exploit, sell or offer for sale any part of the PermaDesign Web sites.
All trademarks, service marks, and trade names on our Web sites (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to PermaDesign. The collective work includes works that are licensed to PermaDesign. As a user, you are authorized only to view, copy, print, and distribute documents on the Web sites so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2012 PermaDesign. All rights reserved.
Additional brand, product, service, and process names appearing on this Web site may be trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by PermaDesign. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of PermaDesign or any third party, except as expressly granted herein.
PermaDesign reserves the right to correct any errors or omissions on PermaDesign and its related Web Sites.
PermaDesign reserves the right to change this policy from time to time.
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. PermaDesign and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if PermaDesign believes that customer conduct violates applicable law or is harmful to the interests of PermaDesign and its subsidiaries.
See our Privacy Policy page.
If you choose, you may receive occasional emails containing information on new PermaDesign services and products, news and special offers. If you opt-in to join our mailing address and provide contact information for subscriptions and other PermaDesign offers, you will receive emails and communications that may include company news, updates, related product or service information, etc.
When you request information from us, register for an electronic newsletter, sign up for an event, subscribe to an online service, register, or make a purchase from our online store, we may include your name in our e-mail mailing lists. If you don't wish to receive such notifications and offers, you can request to be removed from our mailing lists.
Note: If at any time you would like to unsubscribe and opt-out from receiving future emails, we include unsubscribe instructions at the bottom of each email. When you choose to get news on the latest PermaDesign network developments, we will send you what you want and always give you the option to opt-out at any time.
E-mail messages sent to mailing lists maintained by us contain links to automatically unsubscribe from the list to which the e-mail was sent. You may also request to be removed from mailing lists maintained by us by notifying us via e-mail to .(JavaScript must be enabled to view this email address), or by writing PermaDesign. Include in the Subject Line: “Please remove from all mailing lists” and in the letter provide your User Name and e-mail address if different than the one used for receiving e-mail.
We may ask for information as part of online surveys or other requests. This information will be used to enable us to improve our Client and Online Services.
Cookies are small pieces of information stored on your computer which enable us to identify your computer when you access PermaDesign services. We may use cookies to provide you with a convenient means of access, without needing your password. We will not disclose information obtained by the use of cookies to third parties.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database to be only accessed by those authorized with special access rights to our systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, etc.) will not be stored on our servers.
We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or phone number. You may, however, visit our site anonymously.
Any of the information we collect from you may be used in one of the following ways:
If you have questions or concerns you can write to us using the following email address: .(JavaScript must be enabled to view this email address)
This Agreement governs your use of the PermaDesign Web Site Services and Applications. PermaDesign may from time to time amend, supplement or modify the terms of this Agreement.
Description: Electronic Services and Applications made available via PermaDesign’s Web Site and Applications that PermaDesign makes available for use by computer and other electronic devices shall only be utilized in accordance with the terms of use and conditions of this Agreement, our distinct Services Agreements and any amendments, including any additional terms necessary in connection with any particular feature or function of Services offered.
Our Services and Applications may not be sold, reused, relicensed or otherwise commercially distributed without the express written approval of PermaDesign. You may not copy or distribute the Services, Applications or Content of PermaDesign’s electronic products, applications and offerings in any manner not expressly authorized. You may not attempt (or authorize others’ attempts) to copy, circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with PermaDesign’s Services, Applications, or Content.
As a condition of your use of these Electronic Services and Applications, you will not use the Services or Applications for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Services in any manner that could damage, disable, overburden, or impair the Service, or network, connected to the Service, or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to PermaDesign’s Services, accounts, computer systems or networks connected to the Service, through any means.
PermaDesign reserves the right at all times to disclose information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request and edit or remove any information or materials, in whole or in part, in its sole discretion.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the PermaDesign Sites and Applications is owned, controlled or licensed by or to PermaDesign, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web Sites or other medium for publication or distribution or for any commercial enterprise, without PermaDesign’s express prior written consent.
You may not attempt to gain unauthorized access to any portion or feature of the Sites, Applications or any other systems or networks connected to the Sites or to any PermaDesign sites, or to any of the services offered on or through the Sites and Applications, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on the Sites or any network connected to the Sites. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Sites. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any transaction being conducted on the Sites, or with any other person’s use of the Sites.
You may not use the Sites or any Content for any purpose that is unlawful or prohibited by these Terms of Use.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Sites and Applications, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Sites or for any service offered on or through the Sites, the latter terms shall control with respect to your use of that portion of the Sites or the specific service.
At this time, PermaDesign ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, PermaDesign ships merchandise to Canada and Mexico and internationally as available. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier. All items are shipped USPS (unless requested otherwise by cardholder) within 3 business days of your purchase. We do not ship over the weekend. Purchases may be delivered to your address or to one or many recipients.
Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. PermaDesign is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
PermaDesign charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate in effect at thet time your transaction is processed and the location to which the order is being shipped. PermaDesign reserves its right to collect applicable taxes and impose premium surcharges for certain features of its Services.
You may purchase merchandise from this Web site by using any one of the payment options listed. PermaDesign reserves the right to change its payment procedures at any time without prior notice to you. Returns are not permitted for products originally purchased on this web site or any web site linking to this website. Please consult with the specific policies of other online and retail stores for their policies regarding return of a Harvest the Rain or PermaDesign product that you originally purchased from their stores. PermaDesign reserves the right to change its products and services return procedures at any time without prior notice to you.
For assistance with billing questions or other order inquiries, please send an e-mail to: .(JavaScript must be enabled to view this email address)
You agree to indemnify and hold harmless PermaDesign and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of its online Services and the Content (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claims.
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. PermaDesign reserves the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
You understand and agree that any unauthorized use of the Service, Applications or the Content could result in irreparable injury to PermaDesign and/or its affiliates or licensors for which money damages would be inadequate and in such event PermaDesign shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief.
In the event of litigation both parties agree that the Law of New Mexico, the State of business registration of PermaDesign shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury. This Agreement shall be governed by the internal laws of the State of New Mexico, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Santa Fe County, New Mexico or the United States Federal Courts, District of New Mexico to resolve any disputes arising under this Agreement. In each case this Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
The Terms of Use constitute the entire agreement between you and PermaDesign with respect to the PermaDesign Web sites. You agree to additional terms governing the use of PermaDesign products, applications and content as used by you. No modification of the Terms of Use shall be effective unless it is authorized by PermaDesign. If any provision of the Terms of Use is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect. The failure or delay of PermaDesign to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.
This Agreement shall not be construed to create a joint venture or partnership between the parties hereto. Neither party shall have the right, power, or authority at any time to act on behalf of, to impose any obligation on, or to represent or legally bind the other.