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Terms of Service

Dated October 30, 2015

Acceptance of Terms

Ruth’s Toffee, LLC (“Ruth’s Toffee,” “we,” or “us”) is an online candy retailer located at www.Ruth’stoffee.com (the “Site”). By purchasing product or by using the Ruth’s Toffee Services (collectively, “Service”) in any way, you accept these Terms of Service (“Agreement” or “Terms”), which forms a binding agreement between you and Ruth’s Toffee. You should also read and understand the Ruth’s Toffee Privacy Policy, which is incorporated by reference into this Agreement and is available on the Ruth’s Toffee Site.

If you do not accept and agree to be bound by all of the terms of this agreement, including our privacy policy, limitations of liability, warranty disclaimers and legal disclaimers, you are not authorized to use this Site.

 

  1. Who May Use the Ruth’s Toffee Service

AGE REQUIREMENT: You must be at least 18 years old to use the Ruth’s Toffee Service.

NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of the Ruth’s Toffee Service. If your child is using the Ruth’s Toffee Service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about Ruth’s Toffee, please contact us at (970) 864-7332.

  1. General Disclaimers

Ruth’s Toffee provides the Ruth’s Toffee Service on an “as is”, “as available”, and “with all faults” basis. You therefore use the Ruth’s Toffee Service at your own risk. Ruth’s Toffee makes no representations or warranties of any kind and expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any other warranty that might arise under any law. The information published on this Site could include technical inaccuracies or typographical errors. Ruth’s Toffee reserves the right to modify the Ruth’s Toffee Service.

  1. Limitation of Liability

To the fullest extent permitted by law, in no event shall Ruth’s Toffee, nor its affiliates, directors, officers, employees, and agents, be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary damages, or any damages whatsoever, whether in an action based on contract, negligence or other tortious action, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses.

  1. Privacy

Your privacy rights are set forth in our PRIVACY POLICY, which forms a part of this Agreement.

  1. Account Registration

REGISTRATION: To purchase products from this Site, you must register by providing a user name, password, valid email address, billing address, and valid credit card information. You must provide complete and accurate registration information to Ruth’s Toffee and notify us if your information changes.

USER NAME: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

NON-COMMERCIAL USE: Use of the Site and Service is for personal use only. You may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by Ruth’s Toffee. If you wish to inquire about possible commercial use, please contact us at ruth@ruthstoffee.com.

Ruth’s Toffee may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Ruth’s Toffee Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at ruth@ruthstoffee.com.

  1. Materials Provided to Ruth’s Toffee

Ruth’s Toffee does not claim ownership of the information you provide to Ruth’s Toffee (including feedback and suggestions) or that you input or submit to any Services (collectively “Submissions”). However, by providing Submissions you are granting Ruth’s Toffee a royalty-free, sublicensable right to use your Submissions as Ruth’s Toffee sees fit in connection with the operation of Ruth’s Toffee business and the modification or development of products or services.

  1. Term and Termination; Account Deletion

TERM: This Agreement begins on the date you first use the Ruth’s Toffee Service and continues as long as you have an account with us.

ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from the Ruth’s Toffee Service that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.

TERMINATION FOR BREACH: Ruth’s Toffee may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Ruth’s Toffee determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Ruth’s Toffee’s reputation or goodwill. If Ruth’s Toffee deletes your account for the foregoing reasons, you may not re-register for the Ruth’s Toffee Service. Ruth’s Toffee may block your email address and Internet protocol address to prevent further registration. Ruth’s Toffee is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Ruth’s Toffee and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the Ruth’s Toffee Service; or (ii) assert a violation by you of any term of this Agreement. Ruth’s Toffee reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ruth’s Toffee in connection therewith.

  1. License to Use the Ruth’s Toffee Service

LICENSE: Ruth’s Toffee grants you a limited, non-exclusive license to access and use the Ruth’s Toffee Service for your own personal, non-commercial purposes. This includes the right to view content available on the Ruth’s Toffee Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

RESTRICTIONS: Except as expressly permitted by Ruth’s Toffee in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Ruth’s Toffee Service. Nor will you take any measures to interfere with or damage the Ruth’s Toffee Service. All rights not expressly granted by Ruth’s Toffee are reserved.

MOBILE DEVICES, APPLICATIONS AND SET-TOP BOXES/EXTERNAL DEVICES: These Terms of Service, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications.

Your use of the Ruth’s Toffee Service through any applications or device constitutes your agreement to be bound by these Terms.

Any Ruth’s Toffee application, regardless of the manner and means in which it is downloaded is licensed, not sold, to You for use only under these Terms. Ruth’s Toffee reserves all rights not expressly granted to You.

  1. Intellectual Property

Ruth’s Toffee owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

  1. Third Party Links and Content

Certain links on the Ruth’s Toffee Sites and/or the Ruth’s Toffee Service may let you leave the particular Ruth’s Toffee Site or Ruth’s Toffee Service you are accessing in order to access a linked site (the “Linked Sites”). When you are linking to a third party site, it is important to know that Ruth’s Toffee does not control these sites, nor has Ruth’s Toffee reviewed or approved the content which appears on the linked sites. Ruth’s Toffee is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that Ruth’s Toffee shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.

  1. Intellectual Property Infringement Claims

Ruth’s Toffee will respond as quickly as practical to claims that infringing material appears on the Site. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the Site copyright agent (“Agent”) the written information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located;
  • Your address, telephone number, facsimile number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
  • A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

The Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Email: ruth@ruthstoffee.com

Ruth’s Toffee Copyright Agent

PO Box 675

Nucla, CO 81424

  1. General Provisions

DISPUTE RESOLUTION, ARBITRATION AND GOVERNING LAW:

Any dispute, claim, or controversy arising out of or relating to this Agreement, the Service, or the Site shall be submitted to mediation.  If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION.  Judgment upon the award rendered in arbitration shall be entered in any court having jurisdiction thereof.  The prevailing party shall be entitled to recover attorney fees and costs in connection with the action. You may not under any circumstances commence or maintain against Ruth’s Toffee or its affiliates any class action, class arbitration, or other representative action or proceeding.

By using the Site or the Service in any manner, you agree to the above mediation and arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Ruth’s Toffee or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Ruth’s Toffee may be commenced only in the federal or state courts located in Nucla, Montrose County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.

This Agreement, and any dispute between you and Ruth’s Toffee, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES:  If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Ruth’s Toffee in exercising any right hereunder will waive any further exercise of that right. Ruth’s Toffee’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Ruth’s Toffee’s prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Ruth’s Toffee electronically. Ruth’s Toffee may provide all such communications by email or by posting them on the Ruth’s Toffee Service. For support-related inquiries, you may send an email to ruth@ruthstoffee.com or the following address:

Ruth’s Toffee, LLC

PO Box 675

Nucla, CO 81424

MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Ruth’s Toffee on the Ruth’s Toffee Site or a written amendment signed by an authorized representative of Ruth’s Toffee. A revised Terms of Service will be effective as of the date it is posted on the Ruth’s Toffee Site.

ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:

  1. PRIVACY POLICY

This Agreement constitutes the entire understanding between Ruth’s Toffee and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

 

END OF DOCUMENT.

 

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