Terms of Use / Privacy Policy | ARuby

Terms of Use / Privacy Policy

TERMS OF SERVICE

Welcome to the A Ruby website (our “Website”). Please read the following Terms of Service (“Terms”) and our Privacy Policy as they govern your access to and use of our Website. By using our Website, you accept these Terms and our Privacy Policy.  

BASIC TERMS / OWNERSHIP OF CONTENT

The Website and its information and content including, without limitation, product designs, art work and illustrations, clothing, images, photographs, graphics, music, sound, software, and the HTML used to generate the pages (collectively, the “Content”) is owned by A Ruby or one or more of its affiliates or is licensed to A Ruby. The Website and the Content are protected by copyright, trademark, trade dress and other intellectual property laws.  The Website is intended solely for the personal, noncommercial use of our users.  Any use of this Website or its Content other than for personal noncommercial purposes is strictly prohibited.  You may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of A Ruby or the respective licensors of the Content. A Ruby and its licensors reserve all rights not expressly granted in and to the Content.

You may use the Website and its Content only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. A Ruby reserves the right to change these Terms at any time without prior notification. For this reason, we encourage you to review these Terms whenever you use the Website because by using the Website, you accept these changes. 

COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

We welcome any and all feedback, suggestions, questions or other communications (collectively, “User Submissions”).  Your User Submissions shall be deemed non-confidential and non-propriety. User Submissions are entirely voluntary and shall be, and remain, the exclusive propriety of A Ruby. User Submissions shall constitute an absolute assignment and non-revocable license to A Ruby of all copyright and other intellectual property rights with respect to the submission. A Ruby may (but is not obligated to) use, post, distribute or refer to User Submissions in whole or in part.  A Ruby may remove User Submissions in whole or in part in its sole discretion.  A Ruby shall have no obligation to monitor or respond to User Submissions or pay compensation of any kind. 

You warrant that your User Submissions (a) contain no false or misleading information, (b) contain no unlawful, obscene, defamatory, offensive or libelous material, (c) do not infringe the intellectual property rights of any third party, (d) contain no addresses, emails, phone numbers or other personal contact information, and (e) contain no computer viruses, worms or other harmful files. A Ruby reserves the right to report any violation of these provisions to applicable legal authorities.

PRODUCT DISPLAY

A Ruby has made every effort to accurately display the products featured on the Website. However, A Ruby cannot guarantee that your monitor will accurately display all colors, textures and other product features.  

PRODUCT AVAILABILITY

A Ruby frequently updates the products offered on its Website and cannot guarantee that an item currently displayed will be available the next time you visit the Website. Our products are available in limited quantities and are subject to price changes. If you cannot find an item you previously saw on our Website or for any other help with our products, please refer to the “Contact Us” page for our contact information. 

PROPRIETY RIGHTS

All right, title, and interest in and to the Website and the Content are and will remain the exclusive property of A Ruby and its licensors. The Content is protected by copyright, trademark, trade dress, and other laws of both the United States and foreign countries. You may not reproduce, publish, transmit, distribute, display, modify, reverse engineer, create derivative works from, sell or participate in any sale of, or commercially exploit in any way, in whole or in part, any of the Content, or the Website.  Nothing in the Terms gives you a right to use the A Ruby name or any of the A Ruby trademarks, logos, domain names, trade secrets, and other distinctive brand features without A Ruby’s prior written approval.  

LIMITS ON PURCHASES

A Ruby’s products are of limited quantity and A Ruby reserves the right to place limits on purchases. Users shall not purchase commercial quantities of our merchandise without our prior written approval. 

CORRECTION OF SITE ERRORS

A Ruby uses its best efforts to provide accurate information on its Website.  However, the information on the Website may contain typographical errors or inaccuracies. A Ruby reserves the right to update any information at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. 

The Website may contain links to websites owned by third parties.  A Ruby is not responsible for the content of other linked websites and makes no representations as to the accuracy of such websites.  

TERMINATION

These Terms are effective unless and until terminated by either party. You may end your legal agreement with A Ruby at any time for any reason by discontinuing your use of our Website but your other obligations contained herein shall continue following such termination.

PRIVACY POLICY

A Ruby’s use of personal information (name, etc.) provided on the Website is governed by our Privacy Policy. 

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, A RUBY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. 

A RUBY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT (OR ANY THIRD PARTY WEBSITE LINKED TO A RUBY’S WEBSITE) AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: 

  • ANY ERRORS, MISTAKES OR OMISSIONS IN ANY CONTENT OR ANY INFORMATION POSTED ON WEBSITES FOR WHICH A RUBY PROVIDES A LINK;
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE;
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR
  • ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR A LINKED WEBSITE. 

LIMITATION OF LIABILITY

TO THE MAXIUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL A RUBY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS OR REVENUES WHATSOEVER RESULTING FROM ANY OF THE FOLLOWING:

  • ANY ERRORS, MISTAKES OR OMISSIONS IN ANY CONTENT OR ANY INFORMATION POSTED ON WEBSITES FOR WHICH A RUBY PROVIDES A LINK;
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE;
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR;
  • ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

YOU SPECIFICALLY ACKNOWLEDGE THAT A RUBY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY WHETHER ON THIS WEBSITE OR A SITE LINKED TO THIS WEBSITEAND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 

The Website is offered by A Ruby from its facilities in the United States of America and Canada. A Ruby makes no representations that the products are appropriate or available for use in other locations. The limitation of liability will survive these Terms and your use of our Website. 

INDEMNITY

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless A Ruby, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from (i) your use of the Website, (ii) your violation of the Terms or the Privacy Policy, or (iii) your violation of any third party right.

CONTROLLING LAW AND JURISDICTION

These Terms and any action related thereto will be governed by the laws of the Commonwealth of Massachusetts without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website will be brought solely in the federal or state courts located in Norfolk County Massachusetts and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you have any questions about these Terms, please refer to the “Contact Us” page for our contact information. 

 

PRIVACY POLICY

SCOPE

aruby.net is a free website created by A Ruby, LLC (“A Ruby”). This Privacy Policy outlines the information we collect about you, how we collect the information, and what choices to you have to review and/or restrict our usage of this information. 

By using our Website and/or conducting business with us, you consent to the collection, transfer, storage, disclosure and other uses of your information. You authorize A Ruby to use your information in the United States and any other country where A Ruby operates.

Your privacy is very important to us so please Contact Us if you have any questions about this Privacy Policy.

Data Collected:

When you place an order, submit your account information, participate in A Ruby promotions or surveys, or otherwise use the A Ruby website, A Ruby collects your personal information including, without limitation, your name, email address, and payment information. A Ruby will use your information to process and deliver your order. If you email us, we may keep your message, email address and contact information to respond to your request. In addition, we may maintain a record of your purchase history and product interests in order to enable us to improve your shopping experience and to provide you with offers that we think will be of interest to you. 

Links: 

We may keep track of how you interact with links across our Website, including our email notifications, by redirecting clicks or through other means. We do this to help improve our website and services, to provide more relevant advertising, and maximize your shopping experience.

Cookies: 

Like many websites, we may use "cookie" technology to collect additional website usage data. A cookie is a small data file that is transferred to your computer's hard disk. While most Internet browsers automatically accept cookies, you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. However, some services may not function properly if you disable cookies.

INFORMATION SHARING AND DISCLOSURE

We do not share your private personal information with companies, organizations and individuals outside of our company unless one of the following circumstances apply: 

Your Consent: 

We may share or disclose your information when we have your consent to do so. 

Service Providers, Vendors, Consultants and Business Partners: 

We may share your private personal information with service providers, consultants, vendors, business partners or potential buyers of A Ruby subject to confidentiality obligations consistent with this Privacy Policy, and on the condition that the third parties use your private personal data only on our behalf and pursuant to our instructions.

Law and Harm: 

We may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect A Ruby’ rights or property. 

Business Transfers: 

In the event that A Ruby is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The terms and obligations in this Privacy Policy will apply to your information as transferred to the new entity.

Non-Private or Non-Personal Information: 

We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public user profile information and public posts.

OUR POLICY TOWARDS CHILDREN

aruby.net is not intended for users under the age of 13. If you are under the age of 13, you are not permitted to submit any personal information to us. 

ADVERTISING

This website may allow third-party companies to place advertisements and/or collect certain anonymous information when you and other users visit.  These companies may use non-personally identifiable information in order to provide advertisements of greater interest to you. 

CHANGES TO THIS POLICY

We may revise this Privacy Policy from time to time and without notice. Any amendment will become effective on the date it is first posted on the website. The most current version of the policy will govern our use of your information.  We encourage you to review the terms of this Privacy Policy whenever you interact with us in order to stay informed about any changes and amendments. By continuing to access or use the Website after any amendment, you agree to be bound by the revised Privacy Policy.

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