Terms of Service

Legal


 

Welcome to RUHM, Inc.

Please read these Terms of Service carefully before using or obtaining any content, information, or services through our Website(s). You, as a visitor to our Website(s), agree to be bound by this Agreement. In addition, please read our Privacy Policy to understand how we handle your personally identifiable information.

 

Definitions

(a) In this document, terms that commence with a capital letter are defined in this Section.

 

“Content” means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. “Content” also includes Marks and Products and Services.

“Mark” means trademark, trade name, service mark, trade dress, logo, custom graphics or icon.

“Products and Services” means the information, locations, data, reference materials, media, and other items available through the Site.

“Provider” means our licensors, suppliers, and information and advertising providers.

“RUHM” or “we” or “our” means RUHM, Inc. and our affiliates.

“Site” means www.ruhm.com together with the respective Content, Marks, and Products and Services available from this site and subsites.

“User” or “you” or “your” means a visitor to our Website(s).

 

(b) The terms “Site”, “Marks”, “Content”, and “Products and Services” do not include the sites, marks, content, products, or services that are provided by third parties and that are available through a link from the Site. Their use is subject to the terms set forth by the owners or operators on the third party’s website.

 

Scope

These Terms govern your use of all Content available through the Site. You agree to be bound by these Terms and to use the Site in strict compliance with all applicable laws, rulings, and regulations and in a manner that does not negatively reflect on the goodwill or reputation of RUHM and its Providers.

 

Eligibility Restrictions

Use of the Content or Products or Services available through the site is void where prohibited. By using the Content or Products and Services, you represent and warrant that:

 

  1. all registration information you submit is truthful and accurate;
  2. you will maintain the accuracy of such information;
  3. you are 16 years of age or older; and
  4. your use of the Services does not violate any applicable law or regulation.

 

Use of the Site

(a) RUHM grants you a limited, personal, nontransferable, revocable license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. Unless we have granted you permission in advance and in writing, you may use the Site only for your personal use and not to provide services to a third party.

(b) Unless otherwise provided within these Terms, or unless specific applicable law requires RUHM to allow you to do so, you may not do any of the following without the prior written consent of RUHM:

 

  • Use the Site other than for legitimate purposes;
  • Imply in any fashion that RUHM is endorsing your products or services;
  • Place false or misleading information on the Site,
  • Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms;
  • Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by RUHM;
  • Use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or permanently store the content contained thereon or for any other unauthorized purpose, including without limitation using or attempting the use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Site;
  • Copy, reproduce, alter, modify, create derivative works from, or publicly display any content from any Site;
  • Use any device, software, or routine that interferes or attempts to interfere with the normal operation of our site, or take any action that imposes an unreasonable load on our equipment; or>
  • Disguise the origin of the information transmitted through the Site

 

Content Limitations

(a) The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure quality and accuracy, there might be errors or the information provided may not be complete, current, or applicable to your particular situation. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other Content available through the Site or obtained from a linked site.

(b) Any communications or materials you transmit to us or any of our affiliates through the Site, by electronic mail or otherwise, including any data, questions, comments, commentary, suggestions, ideas, or the like (“Communications or Materials”) will be treated as non-confidential and nonproprietary. By voluntarily submitting to us any Communications or Materials, you grant us and our affiliates and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials. We want your Content and feedback, and we appreciate your ideas and suggestions, but we are unable to answer every comment individually.

(c) You may not:

 

  • (i) Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever;
  • (ii) Use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
  • (iii) Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site;
  • (iv) Reverse engineer any part of this Site; or
  • (v) Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties.

 

Termination

RUHM in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension or discontinuation shall constitute an act of trespass. RUHM shall not be responsible to you for such suspension or termination.

 

Changes

(a) Any aspect of any Site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time at our discretion and without prior notice to you. However, we make no commitment to update the information contained on this Site. You agree that RUHM shall not be liable to you for any delay or other damages that might result from such modification, suspension or discontinuance.

(b) We may also, at any time, change or impose fees for certain services, establish or change general practices and limits concerning certain services, or modify these Terms at any time.

 

Privacy and Security

Your use of the Site is subject to our Privacy Policy. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information management practices in our Privacy Policy.

 

Availability

We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption or downtime.

 

Viruses

We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.

 

Links to Third Party Sites

(a) For your convenience, our Site may provide links to other sites. When you click on one of these links, you are leaving our site and entering another site. We are not responsible for such third party websites. You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites.

(b) We welcome links from a third party site to the home page of our Site, through a plain text link, provided:

 

  • (i) you discontinue providing a link to our Site upon our request;
  • (ii) you do not imply in any fashion that RUHM is endorsing any of your products or service or is affiliated with you;
  • (iii) you do not present RUHM in a false light, or provide misleading or false information about us, or our Site, or Products and Services;
  • (iv) you do not remove or obscure the copyright notices or other notices on this Site;
  • (v) you do not use any Mark of RUHM or our Providers; and
  • (vi) you do not replicate, frame, or mirror the content of the Site.
  • (c) We reserve the right to require you to remove links to the Site in our sole and absolute discretion.

 

Intellectual Property

(a) Our Site is the sole and exclusive property of RUHM or its licensors. RUHM and its licensors retain all right, title, and interest (including all intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction, or modification of this Site may violate such laws.

(b) RUHM, the RUHM logo, and all other Marks that appear, are displayed, or are used on the Site are registered or common law trademarks or service marks of RUHM and its Providers. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from us or the relevant Provider.

(c) Some of the Content available on our Site is owned by third parties. These materials may be subject to additional terms, which are incorporated into, and made a part of the Terms. If there is a conflict between the Additional Copyright Notices and the remainder of these Terms, the additional copyright notice supersedes any provision of these Terms with respect to the Content to which it pertains.

 

Disclaimer of Warranty

RUHM and its Providers make no warranty of any kind regarding the Site, Content, or Products and Services, all of which are provided on an “as is” basis. RUHM and its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses, or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete, or timely. The fact that RUHM is including any Content or offering any Content or Product and Service on the Site is not an endorsement or a recommendation of the Content or Product and Service.

OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, RUHM AND OUR PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

 

Limitation of Liability

Subject to applicable law, use of this Site and its Content is at your sole risk. Content and Products and Services made available on this Site are subject to conditions imposed by the Providers. Providers who furnish products or services through this Site are independent contractors and not our agents or employees.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE. THIS INCLUDES, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ANY DAMAGES THAT ARISE OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE, BROWSING, OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT; (2) ANY FAILURE OR DELAY BY US OR ANY PROVIDER; (3) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, OR (4) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF WE OR THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

 

Indemnification

You agree to defend and indemnify RUHM and any Provider, and each of their respective officers, directors, employees, and agents from and against any claim, cause of action, or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against RUHM as a result of your breach of these Terms or the documents made part of these Terms by reference, your violation of any law or the rights of a third party, or your use of our Site.

 

Disputes

The laws of the State of California, without regard to its conflict of law rules, will govern these Terms. If you take any legal action relating to your use of our site or these Terms, you agree to file such action only in the state and federal courts located in Orange County, California. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney’s fees.

 

Severability

If a court finds any Section of these Terms to be unenforceable or invalid, that Section will be enforced to the fullest extent permitted by law and the other Sections will remain valid and enforceable.

 

General

(a) Your acceptance of these Terms and your use of the Site do not create a joint venture, partnership, or employment or agency relationship with us.

(b) You may not assign, delegate, or transfer your rights or obligations under these Terms.

(c) If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches.

(d) The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms.

(e) These Terms, together with those items made part of these Terms by reference, make up the entire agreement between us relating to your use of our Site and replaces any prior understandings or agreement (whether oral or written) regarding your use of our Site.

(f) We may modify, revise, or update these Terms and/or our Privacy Policy at any time by updating this posting. Such modification, revision, or update shall be effective upon posting. You should visit this page from time to time to review the then-current Terms as they are binding on you. Your continued use of our Site will be subject to the Terms in effect at the time of your use. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

(g) You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.

 

Contact Information

If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by RUHM you may contact us at hello@ruhm.com. We will attempt to respond to your questions or concerns promptly after we receive them.