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Terms of Service

Terms & Conditions
(Last Revised: 9/27/2020)
Welcome to rubyraesocietey.com, a website owned and operated by Ruby Rae Society, LLC, (“we,” “our,” “us,” or “the Company”) a Washington State limited liability company.

By visiting our website, creating a profile, or purchasing any products, you are entering into a legally-binding agreement to the following Terms and Conditions, our Terms of Sale and Return Policy and Privacy Policy, which are incorporated herein by reference. If you do not agree to these terms and conditions, you may not access the website and we ask that please close this webpage. Please read these Terms of Service and our Terms of Sale and Privacy Policy carefully before accessing or using our website.

The Company reserves the rights to modify these Terms and Conditions at any time without prior notice and any new features or tools added are subject to these Terms and Conditions. You are encouraged to visit this page regularly.
We may need to contact you about your use of the website or purchase of products. You may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You are responsible for any messaging or data fees you may be charged by your wireless carrier.

Our store is hosted by Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

The headings used In these Terms and Conditions are for convenience only and do not limit or otherwise affect these Terms and Conditions in any way.

Use of Website and Online Store
By using this website and agreeing to these Terms & Conditions, you represent that you are at least 18 years of age or older. In the event that you are under the age of 18, you must have the express permission of your parent or legal guardian prior to purchasing any goods on our website. You are not permitted to engage in any illegal activity either with or to the website or products, including violation of copyright laws.

You may create an account on our website in order to purchase goods. We are not responsible for the username and password details of you or others. Do not share your login information with anyone else. In case you forget your password, you can use “forgot password” option in the sign-in section of our website. Your account is for your personal, non-commercial use and you are responsible for all activity that occurs in association with your account. You may not allow others to access or use your account, nor may you transfer your account to any other person. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials and are not responsible for any third party access to your account that in results in theft or illegal usage, storage, or sale of your personal information in any way.

All the products or services made available on this website are intended solely for personal or small business use. You may not transfer, re-sell, assign, or dispose of any product without the prior written consent of the company. We reserve the right to cancel or delete any account if it appears that it is of fraudulent or inappropriate in nature. Prices, promotions, and campaigns are subject to change without prior notice.

Products or Services
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy, incorporated herein by reference.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
Intellectual Property

All "Content", including but not limited to any text, graphic, images, music, software, audio, video, works of authorship of any king, or other materials or information made available to you in any way through this website is protected by copyright, trademark, patent, Intellectual property or other laws of the United States and/or foreign countries. You agree not to infringe on any of these rights or Interests or to remove, change or obscure any copyright, trademark, service mark or other propriety rights notices on the RubyRaeSociety.com website.

We may add some third party products/services on our website and in that case, the product copyrights belongs to the creator or successor in interest of the creator. We may also sell products/services as an affiliate so some of the products will be added to our website from other companies.. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third-party.

This Website and the Services are intended for your personal, non-commercial use and enjoyment. You enjoy a limited, non-exclusive, non-transferable, non-sublicensable license to use the Website and Content for your personal non-commercial use. This license is provided solely for your personal use and enjoyment of this Website and the Services as permitted in these Terms of Service. You agree not to reproduce, reverse engineer, duplicate, copy, sell, resell or exploit any portion of the Website or Content without our express written permission and consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ruby Rae Society, LLC or its licensors, except for the licenses and rights expressly granted in these Terms of Service.

Billing and Account Information
Your submission of personal information through the website or online store is governed by our Privacy Policy, which is incorporated herein by reference.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You acknowledge that all the emails, phone number, credit card and other information you provide us belongs to you and you are not using any fake information.

User Comments and Submissions
If, at or without our request, you submit materials of any kind, including creative content, ideas, suggestions or comments, whether on the website or by email, mail, or otherwise (collectively "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, alter, modify and otherwise use in any medium any Comments that you forward to us.
By making your Comments available to us, you hereby grant us a non-exclusive, transferable, sublicensable, worldwide, fully paid royalty-free license to use, copy, modify, publicly display, publicly perform and distribute your Comments (“Comment License”). You agree that we are under no obligation to respond to your comments, compensate you for any use, or maintain any Comments in confidence.

We may, in our sole discretion, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms and Conditions. Additional terms and conditions may apply to contests, sweepstakes, giveaways and other promotions sponsored by Ruby Rae Society, LLC and/or its affiliates or partners. It is your responsibility to carefully review those terms and conditions.
You are responsible for your Comments. You represent and warrant that you own your Comments or that you have all rights necessary to grant us Your License. You also represent and warrant that your Comments and the use and provision of your Comments will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

You also agree that your Comments will comply with our ethical guidelines as follows:
• Be respectful of others. Let's keep it simple and follow the Golden Rule from Kindergarten - Treat others how you would like to be treated.
• Be courteous. Remember we are diverse and that what works for you may not work for everyone else.
• Do not engage in offensive, profane or explicit behavior (racism, homophobia, body shaming, etc.) or post inappropriate content.
• Do not post, advertise, or promote products or services commercially.
Indemnification

You agree to defend, indemnify, and hold harmless the company and any associated companies and their associates from and against all liabilities, damages, and costs resulting from the violation of these terms and conditions. This wrongful or negligent conduct, whether conducted by yourself or any other person accessing the website using your information, will be assumed to have been conducted by you and is in no way reflective upon or liable to the website or its company.

Accuracy and Completeness
We do not guarantee any measure of accuracy of our content and information on our website or any associated social media platforms. We do not guarantee accuracy for any warranties, liability, or any other damages caused by violation of this agreement.

Privacy Policy
Ruby Rae Society, LLC respects the privacy of its users. The terms and conditions of the RubyRaeSociety.com Privacy Policy, are incorporated herein by reference.
Termination of Usage

We may suspend or terminate any customer account or profile without notice, for any reason in our sole discretion.

Disclaimer
THE RUBYRAESOCIETY.COM WEBSITE, ALL CONTENT AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, INCLUDING BUT NOT LIMITED TO ANY THIRD-PARTY TOOLS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RUBY RAE SOCIETY, LLC. DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
RUBY RAE SOCIETY, LLC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (I) THE OPERATION OF THE RUBYRAESOCIETY.COM WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THE RUBYRAESOCIETY.COM WEBSITE OR ANY RELATED PRODUCT OR SERVICE WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE; (III) THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED; OR (IV) THE RUBYRAESOCIETY.COM WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF RUBYRAESOCIETY.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL RUBY RAE SOCIETY, LLC BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE THAT RESULT FROM THE USE OF OR INABILITY TO USE THE RUBYRAESOCIETY.COM WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE RUBYRAESOCIETY.COM WEBSITE OR THAT RESULT 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, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO RUBYRAESOCIETY.COM’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE RUBYRAESOCIETY.COM WEBSITE. RUBY RAE SOCIETY, LLC IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY MATERIALS ON THE WEBSITE, OR WITH ANY OF RUBY RAE SOCIETY, LLC'S TERMS OF SERVICE AND PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

Acknowledgment
These Terms and Conditions, including all documents referenced herein, represent the entire understanding between you and Ruby Rae Society, LLC regarding your relationship with RubyRaeSociety.com and Ruby Rae Society, LLC, and supersedes any prior statements or representations. By using the RubyRaeSociety.com website or making a purchase therefrom, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

 

Addition:

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Ruby Rae Society (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@rubyraesociety.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Atlanta, Georgia before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Ruby Rae Society’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.