TERMS AND CONDITIONS

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.

ORDER CANCELLATIONS

If you would like to cancel an online order after it has been placed, please contact us as soon as possible at info@rubycreativeco.com. 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 info@rubycreativeco.com.

ITEM AVAILABILITY

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 info@rubycreativeco.com, and we will be happy to assist you.

OFFER CODES

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.

PAYMENT OPTIONS

SALES TAX

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.

REFUND POLICY:

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.

INTELLECTUAL PROPERTY:

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.

MODIFICATION:

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.

INDEMNIFICATION:

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.

ASSIGNMENT: 

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.

GOVERNING LAW:

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.

ARBITRATION:

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.

LEGAL AGE:

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.

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 you have any questions regarding these Acceptance of Terms and Conditions For Online Product Or Service Purchases, please email us at info@rubycreativeco.com.

Last Update: January 2021.

Terms of Use

Ruby Creative Co. (also referred as “us”, “we”, “Site”, “Website” or “the Company”) do not condone nor support spam (i.e., unsolicited commercial e-mail) because it wastes precious time and resources. Spam also diminishes the overall value and effectiveness of e-mail communications. As a result, neither us nor any website, affiliate, member or customer is permitted to send unsolicited e-mail communications to people who have not requested them to do so or to whom a preexisting relationship does not exist by using, harvesting or otherwise obtaining information associated with www.rubycreativeco.com (the “Website”) in order to transmit any e-mail communication. It shall be a violation of this Spam Policy and the Terms of Use (“TOU”) for any customer, member, website or affiliate to do so. Violation of this Spam Policy and/or the TOU can, at our sole and absolute discretion, result in account termination and/or the restriction of access rights to the Website.Why you may have received unsolicited e-mails or e-mails from unfamiliar senders?On occasion, you may receive what appears to be an unsolicited e-mail or an e-mail from a sender you do not know. Depending on the circumstances, these e-mails may or may not violate this Spam Policy or the TOU. For instance, the following are examples of permissible circumstances under which a potentially unsolicited e-mail or an e-mail from an unknown may have been received by you:- You may have signed up for an associated website’s and/or affiliate’s newsletters, promotions or services and have forgotten having done so;- You have an existing relationship (i.e., purchased something or use certain services) with an associated website and/or affiliate; and/or- Someone may have signed you up to receive an associated website’s and/or affiliate’s newsletters, promotions, services or e-mail communications without permission to do so.Under the foregoing scenarios, the e-mail communication received would not violate the Company’s Spam Policy or TOU because it would have been authorized, or at least appear to have been authorized, by you or there is an existing relationship between you and the sender. Despite these circumstances, however, you may wish to stop receiving these e-mail communications.What you can do to stop receiving unwanted e-mail communications.The first thing you can do is see if the unwanted e-mail communication contains a hyperlink at the bottom of the message for opting out of or removing your e-mail address from future e-mail transmissions. If so, click on the hyperlink at the bottom of the message that is designated for opting out or removing you from further e-mail transmissions from the sender in order to stop receiving them in the future. If you click on the “unsubscribe” link at the end of a message sent by the Company or an associated website, you will be automatically removed from the customer subscriber list used to generate the e-mail communication.Circumstances may arise where you have received spam in violation of this Spam Policy and the TOU. To report abusive e-mail activity, please send an e-mail to info@rubycreative.com that provides a description of the e-mail content, subject matter and sender’s identity so the Company can investigate the matter and, if warranted, appropriate action can be taken. How the Company protects against spam originating from its servers. The Company takes several steps to protect its online community from spam originating from its servers. To begin with, the Company only sends e-mail communications those who have provided their e-mail address and have indicated an interest in receiving future offers, newsletters, promotions and other information. Next, the Company carefully guards the information provided by its members and customers. For instance, e-mail addresses provided to the Company are securely maintained and access to this information is restricted. Furthermore, the Company endeavors to personalize its e-mail communications with information that demonstrates an existing relationship with those who receive e-mail messages from it.The Company also does not allow any associated website or affiliate to send offers, newsletters, promotions and other information to those who have not requested them. Any such e-mail communications violate this Spam Policy and the TOU.Moreover, the Company uses specific tools to make sure no one is signed up to a newsletter against their wishes. The Company additionally provides opt out or removal hyperlinks at the bottom of its outgoing e-mail communications.The Company takes every reported spam incident seriously. In doing so, the Company carefully considers each reported spam incident in view of the customer or member’s cumulative behavior while using the Website and its related services or features.What happens when an associated website or an affiliate is accused of spamming? The Company takes the following steps if it receives a spam complaint involving an associated website or an affiliate:1) The Company immediately checks to see if the associated website or affiliate is receiving an inordinate number of spam complaints, which may indicate a breakdown in protocol or some other procedure that requires corrective action;2) If, after reviewing the spam complaints, the Company finds a mailing list to be compromised or questionable, it will restrict access by the website or affiliate in question until it is provided with an affidavit sufficiently attesting that the website or affiliate is in compliance with the Company’s Spam Policy and that it is not sending spam. An authorized representative of the website or affiliate must sign the affidavit and its contents must be approved by the Company before any services or access is reinstated; and3) The Company will not do business with any website or affiliate that refuses to agree to the Spam Policy, the TOU or any other agreement required by it. Moreover, the Company reserves the right, which may be exercised in its sole discretion, to terminate any business relationship with a website or affiliate that violates the Spam Policy or the TOU whether or not action is allegedly taken to remedy the circumstances giving rise to the violation.Why a website or an affiliate named in a spam complaint is not simply cut-off. Some may believe that the Company should immediately cut-off a website or an affiliate that is named in a spam complaint. The Company has decided against doing so. This is because the Company believes that such action would compromise legitimate e-mail Website-related communications and that it would be unfair to its members/customers. A number of possible scenarios exist whereby a website or an affiliate might be accused of sending spam e-mail communications despite having complied with the Spam Policy and TOU. In some cases, a spam complaint might be made by a disgruntled employee, dissatisfied customer or competitor seeking to disrupt Website access for an ulterior, improper purpose. Moreover, in many other cases, the Company may receive a spam complaint from someone who has simply forgotten he or she signed up to receive an e-mail communication from a website or an affiliate.In short, the Company must investigate, evaluate and judge each spam complaint on its merits. The Company would not be effectively serving its members/customers by immediately refusing to do business with anyone before it has an opportunity to investigate and consider the circumstances of a spam complaint. Changes to Spam Policy.The Company, in its sole and absolute discretion, may change, alter, amend or modify this Spam Policy without notice to members, customers, affiliates and others by posting a copy of the newly operative version on the Website. All members, customers, affiliates and others that are subject to the Company’s Spam Policy shall be obligated to familiarize themselves with its terms and conditions together with periodically reviewing the Spam Policy posted on the Website for any changes, alternations, amendments or modifications to it.How can I ask questions or raise concerns about the Spam Policy?Please send any questions or concerns about the Spam Policy via e-mail to: info@rubycreativeco.com. Notification of claimed non-compliance with either the GDPR or the LGPD should be sent via email to the designated Data Protection Officer at info@rubycreativeco.com or via U.S. Mail addressed to Ruby Creative Co.– Data Protection Officer, 932 N Hamlin Ave. Chicago, IL 60651, United States of America.Last Update: January 2021.