ACCEPTANCE OF TERMS AND CONDITIONS FOR ONLINE PRODUCT OR SERVICE PURCHASES
This Acceptance of Terms and Conditions for Online Purchases (the “Agreement”) sets forth the terms of the relationship between Ruby Creatives Co., (“The Company”), with offices located at 932 N Hamlin Ave. Chicago, IL 60651 and you as the purchaser or consumer (“You”) as it relates to the purchase of products and/services offered online through “The Company’s website (www.rubycreativeco.com) and/or related online links (the “Online Products”). You and The Company may be referred to in this Agreement collectively as the “Parties” or individually as a “Party.” You expressly agree to the terms of this Agreement by purchasing one or more Online Products.
TERM OF AGREEMENT:
This Agreement shall apply to your purchase of one or more Online Products offered through The Company’s website and/or related online links.
ONLINE PRODUCTS USED AT YOUR OWN RISK:
The Company makes no promises, representations or warranties concerning the viability of any aspirations you may identify or choose to pursue during or as a result of your purchase of one or more of its Online Products. You agree to use any one of the purchased Online Products at your own risk. You are solely responsible for any decisions and actions that result from your use of the Online Products. The Company does not provide any type of business advice.
LICENSE TO USE OUR SERVICES:
We grant you an irrevocable, worldwide, perpetual right and license to forever retain and use the product you have purchased both for personal or business purposes.
If you would like to cancel an online order after it has been placed, please contact us as soon as possible at firstname.lastname@example.org. We will do our best to accommodate your request.
Occasionally, orders or parts of an order are cancelled by our system for various reasons. Some reasons include:
- Item(s) not available.
- Difficulty in processing payment information.
- A duplicate order was placed.
- Cancelled due to customer request.
If your order is cancelled, you will receive an email notice to explain the reason for the cancellation. You will not be billed for any cancelled items. If you are interested in placing a new order or if you have questions about a cancelled order, please contact us at email@example.com.
Item Availability / Temporarily Out of Stock
If an item selected is temporarily out of stock at the time of your order, you will be notified via email and advised of the expected arrival of the backordered item. Backordered items are provided as soon as they are available.
Please be assured that you will not be charged for any item until it is confirmed. If for any reason you wish to cancel a backordered item prior to its arrival, please contact us at firstname.lastname@example.org, and we will be happy to assist you.
To redeem an offer code, simply enter your offer code in the text box marked "Offer Code" on the Billing page during the Checkout process.
When an offer code is accepted, it will be displayed on the Order Review page.
Important Notes: One (1) Offer Code may be used per order.
The following credit cards are accepted for payment*
All purchases are subject to bank authorization prior to processing. Only authorized purchases will be processed and shipped.
Payment Authorization Holds
When placing an order using a credit card or debit card, two transactions will be posted to your account.
• The issuing bank for your payment card will place a hold on the funds in your account in the amount of your purchase when an order is authorized. This action reserves the funds for the pending charge.
• You will subsequently be charged for the order which removes the funds from your account. The charge may vary from the amount of the authorization hold if items within the order are not delivered.
• If an order is cancelled, the authorization hold will be removed by the issuing bank. For details on the removal of authorization holds, please contact the issuing bank’s customer service. Because this process is specific to each bank, we regret that we cannot provide assistance with the removal of authorization holds.
We are required by law to collect state sales tax on orders being shipped to the following states: AL, AR, AZ, CA, CO, CT, DC, FL, GA, HI, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, MS, NC, NJ, NM, NV, NY, OH, OK, PA, RI, SC, SD, TN, TX, VA, VT, WA, WI.
All Online Products are nonrefundable. Any purchase by you is deemed completed upon submission and acknowledgement that the form of payment provided in connection with the transaction may be charged by The Company.
OWNERSHIP RIGHTS AND PROPRIETARY INFORMATION:
The Company and its affiliated entities own all right, title and interest (including all intellectual property rights) relating to any and all works of authorship, designs, know-how, ideas, course materials, products, services and information made by The Company (or its affiliated entities) or conceived or reduced to practice, in whole or in part, by The Company (or its affiliated entities) in connection with the Online Products or any Proprietary Information (as defined below). You agree that all materials provided by The Company as part of the Online Products, which are confidential and proprietary in nature, will constitute The Company’s “Proprietary Information” you will personally use all materials related to the Online Products and not duplicate, replicate, distribute, copy or otherwise disseminate such materials to third parties without the prior written consent of The Company.
You recognize and acknowledge that the trademarks, service marks, trade names, logos, patents and copyrighted materials are associated with the Online Products. You will not take any action that would interfere with or infringe upon the Company’s Intellectual Property, including, but not limited to: (i) duplication or creation of works (including any derivative works) that are the same or substantially similar to the Company’s Intellectual Property; (ii) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the Company’s Intellectual Property; (iii) use, manufacture, import, or sales of any product or service that infringes upon the Company‘s Intellectual Property; (iv) use of any The Company’s Intellectual Property in any social media website, newsgroup, page, association, broadcast or other designation without the express written consent of The Company’s and (v) any action that would pass off or create the appearance of an association with or endorsement by The Company.
The Company may modify or amend any of the terms and conditions contained in this Agreement, at any time and in The Company’s sole discretion, by posting a change notice or a new version of the Agreement on the applicable link for purchase of its Online Products or by otherwise advising you of the amendment/modification. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued purchase of any of The Company’s Online Products following the posting of a change notice or a new version of the Agreement or following notice of the modification/amendment will constitute your binding acceptance of the new terms and conditions.
You will indemnify, hold harmless and defend The Company (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) from and against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorneys’ fees) resulting from or arising out of your actions, your use of the purchased Online Products or your violation of this Agreement or applicable law.
You may not assign this Agreement (or any obligations under this Agreement), by operation of law or otherwise, without The Company’s prior written consent.
LIMITATION OF LIABILITY:
The Company (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) shall not be liable for any indirect, incidental, special or consequential damages of any nature (including but not limited to claims for personal injury, property damage, losses of revenue, profits, use or data) arising in connection with this Agreement or your use of the Online Products, even if The Company or its affiliated entities knew or should have known of the possibility of such damages. Further, The Company’s aggregate liability arising with respect to this Agreement and the applicable Online Products will not exceed the total amounts paid or payable by you for purchase of the Online Products.
This Agreement will be governed by, and construed in accordance with, the laws of the State of Illinois, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action against The Company, or any of its affiliated entities, now or hereafter pending relating to transactions evidenced by this Agreement or similar transactions.
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in the State of Illinois and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
By entering into this Agreement, you represent and acknowledge that you are of legal age in the state of your residency.
RELATIONSHIP OF PARTIES:
You agree that by purchasing one or more of The Company’s Online Products you are acting as an independent contractor, and you are responsible for determining your own business activities. Nothing in this Agreement will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties.
Miscellaneous. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. The Company’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of The Company’s right to subsequently enforce such provision or any other provision of this Agreement. This Agreement constitutes the entire understanding of the Parties with respect to the subject matter of this Agreement, and revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties and is intended as a final expression of their agreement.
If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. The Company’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of the Company’s right to subsequently enforce such provision or any other provision of this Agreement. This Agreement constitutes the entire understanding of the Parties with respect to the subject matter of this Agreement, and revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties and is intended as a final expression of their agreement.
If you have any questions regarding these Acceptance of Terms and Conditions For Online Product Or Service Purchases, please email us at email@example.com.
Last Update: January 2021.