RubyHat
(http://www.rubyhat.com) Terms of
Service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF
USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site
agree that access to and use of this site are subject to the
following terms and conditions and other applicable law. If you do
not agree to these terms and conditions, please do not use this
site.
Copyright
The entire content included in
this site, including but not limited to text, graphics or code is
copyrighted as a collective work under the United States and other
copyright laws, and is the property of RubyHat. The collective
work includes works that are licensed to RubyHat. Copyright
2010, RubyHat ALL RIGHTS
RESERVED. Permission is granted to electronically copy and print
hard copy portions of this site for the sole purpose of placing an
order with RubyHat or purchasing
RubyHat products. Any
other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is
strictly prohibited, unless authorized by RubyHat. You further
agree not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks
All trademarks, service marks
and trade names of RubyHat used in the
site are trademarks or registered trademarks of RubyHat.
Warranty Disclaimer
This site and the
materials and products on this site are provided "as is" and without
warranties of any kind, whether express or implied. To the fullest
extent permissible pursuant to applicable law, RubyHat disclaims all
warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular
purpose and non-infringement. RubyHat does not
represent or warrant that the functions contained in the site will
be uninterrupted or error-free, that the defects will be corrected,
or that this site or the server that makes the site available are
free of viruses or other harmful components. RubyHat does not make
any warrantees or representations regarding the use of the materials
in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not
permit limitations or exclusions on warranties, so the above
limitations may not apply to you.
Limitation of Liability
RubyHat shall not be
liable for any special or consequential damages that result from the
use of, or the inability to use, the services and products offered
on this site, or the performance of the services and products.
Typographical Errors
In the event that a
RubyHat product is
mistakenly listed at an incorrect price, RubyHat reserves the
right to refuse or cancel any orders placed for product listed at
the incorrect price. RubyHat reserves the
right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card
has already been charged for the purchase and your order is
cancelled, RubyHat shall issue a
credit to your credit card account in the amount of the incorrect
price.
Term; Termination
These terms and
conditions are applicable to you upon your accessing the site
visiting pages contained herein and/or completing any shopping
process. These terms and conditions, or any part of them, may be
terminated by RubyHat without notice
at any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
RubyHat may deliver
notice to you by means of e-mail, a general notice on the site, or
by other reliable method to the address you have provided to
RubyHat.
Miscellaneous
Your use of this site shall
be governed in all respects by the laws of the state of Michigan,
U.S.A., without regard to choice of law provisions, and not by the
1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of RubyHat products or
services) shall be in the state or federal courts located
in Oakland County, Michigan. Any cause of action or claim you
may have with respect to the site (including but not limited to the
purchase of RubyHat products) must
be commenced within one (1) year after the claim or cause of action
arises. RubyHat's failure to
insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any of these terms
and conditions. RubyHat may assign its
rights and duties under this Agreement to any party at any time
without notice to you.
Use of Site
Harassment in any manner or
form on the site, including via e-mail, chat, or by use of obscene
or abusive language, is strictly forbidden. Impersonation of others,
including a RubyHat or other
licensed employee, host, or representative, as well as other members
or visitors on the site is prohibited. You may not upload to,
distribute, or otherwise publish through the site any content which
is libelous, defamatory, obscene, threatening, invasive of privacy
or publicity rights, abusive, illegal, or otherwise objectionable
which may constitute or encourage a criminal offense, violate the
rights of any party or which may otherwise give rise to liability or
violate any law. You may not upload commercial content on the site
or use the site to solicit others to join or become members of any
other commercial online service or other organization.
Participation Disclaimer
RubyHat does not and
cannot review all communications and materials posted to or created
by users accessing the site, and is not in any manner responsible
for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, RubyHat is merely
acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or
activities on the site. However, RubyHat reserves the
right to block or remove communications or materials that it
determines to be (a) abusive, defamatory, or obscene, (b)
fraudulent, deceptive, or misleading, (c) in violation of a
copyright, trademark or; other intellectual property right of
another or (d) offensive or otherwise unacceptable to RubyHat in its sole
discretion.
Indemnification
You agree to indemnify,
defend, and hold harmless RubyHat, its officers,
directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting
from any violation of these terms and conditions or any activity
related to your account (including negligent or wrongful conduct) by
you or any other person accessing the site using your Internet
account.
Third-Party Links
In an attempt to provide
increased value to our visitors, RubyHat may link to
sites operated by third parties. However, even if the third party is
affiliated with RubyHat, RubyHat has no control
over these linked sites, all of which have separate privacy and data
collection practices, independent of RubyHat. These linked
sites are only for your convenience and therefore you access them at
your own risk. Nonetheless, RubyHat seeks to
protect the integrity of its web site and the links placed upon it
and therefore requests any feedback on not only its own site, but
for sites it links to as well (including if a specific link does not
work).
Privacy Policy
RubyHat maintains
a Privacy Policy for all visitors:
RubyHat Privacy
Policy Webmaster
PR10