TERMS OF SERVICE / Ruth Mergi LLC
Last updated February 8, 2018
1 : OVERVIEW. This website is operated by Ruth Mergi LLC. Throughout the site, the terms “we”, “us” and “our” refer to Ruth Mergi LLC. Ruth Mergi LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
By visiting, accessing, or using this website in any way, including buying any products we sell on the site, and/or other services provided by us, and/or any services enabled via the site, and/or merely browsing the site, you represent that
you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site, AND
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
KETUBAH ORDERS: These procedures apply to all ketubahs, personalized wedding vows, or other similar personalized products (“ketubah,” “ketubahs”) ordered through our site.
- Order and payment. When you place an order on our site for a ketubah, you will select your products and provide your payment information. We will typically process your payment at the time that you place your order.
- Personalization information. After you place your order and complete your purchase, you will be directed to our online personalization form. We can only begin work on your ketubah text once you both purchase your ketubah and submit your personalization form. If you do not complete your personalization form within a reasonable time-frame, we reserve the right to modify or cancel your order. It is your responsibility to correctly and completely enter all requested information at the time of purchase, as well as on the personalization form.
We may, at our sole discretion, accept personalization information via email, and/or begin work on a ketubah text prior to or without receiving a completed personalization form.
- Text and proof preparation. Following receipt of the completed personalization form, we will prepare your text file, and/or a digital proof of your ketubah. If for any reason we cannot complete your text or proof, we will contact you with questions or to request more information.
In the event that we receive your order and/or personalization form, and we determine that the product that you have ordered will not work for your requested wording, extras, formatting, and/or other request, we will communicate with you to determine if you would like to change your order to a different product.
Proof. After your text and/or proof are complete, they will be sent to you for review and approval. Once you receive your ketubah text and proof, please review promptly together with your rabbi or officiant, and notify us of required edits as soon as possible.
Edits. Edits to correct typos or mistakes on our part will be made at no additional charge until the text and proof meet your final approval. We are also happy to make minor changes to text and formatting at no additional charge. We reserve the right to limit the number of edit rounds and proofs at our sole discretion.
Approval. We must receive your written approval of your ketubah proof (not text file) before we proceed with production of your ketubah. Please be advised that only you (whomever submitted the order) may approve your ketubah proof. We do not accept the approval of your rabbi, cantor, officiant, wedding planner, parent, or friend as a substitute for your own written approval.
IMPORTANT! Our policy is that you are fully responsible for your for finding and reporting any errors before approving the ketubah proof. We cannot be responsible for errors in ketubahs that are printed just as they are approved.
Printing and production. Once we receive your approval, we will print your ketubah and/or assemble your ketubah and/or final product.
Delivery. Following completion of the finished ketubah, we will ship it to you. Occasionally, by prior agreement and at our sole discretion, we may allow pickup of completed orders directly from our studio. Pickup from our studio is BY APPOINTMENT ONLY.
Changes to your ketubah order: If you wish to make changes your order at any time, please contact us immediately. We will advise you of your order status and let you know if the proposed change is possible. We do our best to accommodate reasonable requests.
In the event that you change your order, the price of your order will likely change. You authorize us to charge your payment method for any changes to your order that you have approved, and/or, to submit payment for any invoiced charges upon receipt.
Any additional charges incurred after initial payment will be billed separately, and must be paid in full before your ketubah may be shipped.
Changes to your ketubah text: Our commitment is to prepare your ketubah text according to your specifications, as per your personalization form, to our best ability. Some editing and revision is normal and part of the expected process for finalizing your ketubah text.
If, after submitting your personalization form, you notice a mistake or would like to make a change, please contact us. We will advise you of your order status, and may ask you to resubmit the form. If your proof has not yet been prepared, we will make the corrections or changes at no extra charge.
Once your proof has been prepared, significant corrections or multiple changes to your requested text may incur additional charges to cover the costs incurred. Change fees are at calculated on a case-by-case basis, at our discretion.
If your rabbi or officiant requires changes to the ketubah that do not arise from typos, errors, or mistakes on our part, they will be treated as changes or corrections to your order. This includes changes to the spelling of names or locations as well as changes to or variations on the ketubah wording we have provided.
Changes to your ketubah order or text after proof approval: Once your proof has been approved, corrections or changes to your ketubah are entirely subject to our discretion and availability. If changes are possible at this point, you may be charged up to 50% of your final ketubah price.
OTHER ORDERS: When you place an order on our site for prints or any other products that do not include a personalized text or artwork, you will select your products and provide your payment information and complete our online checkout process. We will typically process your payment at the time that you place your order. Following receipt of your order, we will ship the ordered product to you, to the address that you provide, within a reasonable time-frame. In the event that we are not able to complete your order for any reason, we will notify you and refund any payments made by you.
Acceptance of Your order: Your placement of an order through our site is an offer to purchase the product(s) and/or services ordered and we may accept your order by processing your payment and shipping the finished ketubah and/or product(s). Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. For any reason, we may decline to accept your order or any part of your order. No order will be considered accepted by us until the final product(s) and/or finished ketubah has been shipped to you. If some of the products in your order are temporarily out of stock, we will notify you of any products that cannot be fulfilled. If we decline to accept your order, we will attempt to notify you at the email address you provided. We further reserve the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by us upon our delivery of the products / finished ketubah that you have ordered. We may require additional verifications or information before accepting any order. All products shall be deemed accepted by you upon shipment, and title to, and risk of loss of, the products passes to you when we provides the product(s) to a common carrier, and/or delivery of the product and/or ketubah to you in-person.
3: PAYMENT. To pay for an order, you will need to provide us with the information necessary to process an order from you, including your shipping address and the billing information requested on the site. You may pay for your order via credit card or any other manner then available on the site. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience but within thirty (30) days of credit card authorization.
If you incur additional charges after placing your initial order, we will send you a separate invoice, for which payment will be due upon receipt.
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.
4: PRODUCTS AND PRICING. We make efforts to display our products and their colors as accurately as possible. Having said that, the displayed colors of the products will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colors of the products.
Products displayed on the site may be out-of-stock, modified, or discontinued. We may modify or discontinue products at any time without notice, including but not limited to, modifications to designs, materials, assembly and production methods, or production partners without notice. For example, we may make changes to the papers we use for our ketubahs or prints without prior notice. Notwithstanding our best efforts to display only our most current designs and products, products displayed on our site may occasionally reflect modified or discontinued designs or products, processes, materials, or methods.
Prices for our products are subject to change without notice. We cannot confirm the price of an item until you place an order. See [MODIFICATION]. Despite our best efforts, occasionally items on our site may be mispriced. We are not responsible for typographical errors regarding price or any other matter.
Unless otherwise set forth on the site, the prices do not include sales taxes or any other taxes that we are required to add to your order. Such taxes will be added to your total purchase price, if applicable.
5: PROMOTIONAL OFFERS. We may run promotional offers from time to time on the site. The terms of any such promotion will be posted on the site. Unless otherwise indicated, we may establish and modify, at our discretion, the terms of such offer and end such offer at any point, and we may limit the number of promotional codes used per transaction and/or per user.
6: RUSH POLICIES AND PRICING: Rush policies and pricing are set according to the the “order-by” date displayed on each ketubah product page.
The “order-by” date is updated in real time and is subject to change without notice.
Orders required before the order-by date will be subject to a rush processing fee.
For ketubahs required more than two weeks before the order-by date, please contact us to see if we can accommodate your order. Additional fees may apply.
Framing not available for rush orders.
Ketubah shipping. We strive to ship ketubahs at least 7-14 days before your wedding date and/or other delivery date specified at the time you place your order. In our experience, these time-frames are sufficient for ketubahs to reach their destinations on time.
We do however guarantee or warranty actual delivery to you on or by a certain date, and cannot be responsible for shipping or other delays.
Any estimated ketubahs shipping date provided by us is based on the date that we receive your final approval of your ketubah proof from you, product availability, and/or payment processing time, and does not include transit time.
We reserve the right to cancel any order if we determine that we are not able to provide the ketubah within the required time-frame.
Shipments to addresses in the United States typically arrive within 2-3 business days. A signature may be required for delivery – please plan accordingly.
Non-ketubah orders are typically shipped within 7-10 business days, via USPS.
Orders requiring shipment to international addresses are accepted on a case-by-case basis. If accepted, we will provide a shipping quote after receiving your order. Customers are responsible for any duties, taxes, or additional charges that may be associated with shipment.
IMPORTANT! We cannot be responsible for any delays due customs, security, or “acts of God.” Nor can we be responsible for delays due to to strikes or work stoppages in either in the United States or the country to which your item is shipped; delays related to the weather; delays that occur in customs or any other governmental or regulatory agency; and delays related to the carrier's negligence.
Shipping fees reflect the combined cost of both shipping AND handling of your order.
8: FRAMING. As a service to our clients, we work with a third-party framing company to provide ketubah framing. When your ketubah is complete, we will ship it to the framing company, who will frame your ketubah and ship it directly to you.
Please allow up to three weeks for framing, in addition to our normal processing times. Not available with rush orders or Sculptural ketubahs. We reserve the right to refuse or cancel any framing order if we determine there is a significant risk that the ketubah will not be delivered within the required time-frame.
Handle with extra care when removing the papercut ketubah from the frame for signing. We are not responsible if you damage your ketubah when removing from the frame or re-inserting it after signing.
Not recommended for permanent storage or display. You will need to bring the framed ketubah to a professional framer after your wedding in order to seal the frame and preserve the ketubah for permanent display.
9: DAMAGE OR LOSS: In case of damage or loss, we may be able to recreate your ketubah. Please contact us and we will do our best to help.
We are not responsible for damage due to the carrier's negligence, or that occur once the order / product / ketubah has been accepted by the shipper.
We are not responsible for damage to the product or ketubah packaging or display folio.
You are responsible for the proper care, storage, display, and framing of your product / ketubah. We are not responsible for damage that arises from a failure to store, display, or frame any product or ketubah as per provided instructions, and/ or with reasonable care. Please note that ketubahs should be professionally mounted and framed within three months of receipt.
10: CANCELLATIONS , REFUNDS, AND RETURNS. All sales are final. Cancellations and refunds are entirely at our discretion. Rush order surcharges are 100% non-refundable. Translation fees, once work on your ketubah text has commenced, are 100% non-refundable, as well.
If you wish to cancel your order at any time, please contact us immediately. For non-ketubah orders and prints, we are typically able to accept cancellations until the order has been shipped. For ketubahs and custom orders, our policies are as follows:
If work on your ketubah has not yet begun, we will do our best to refund your order in full (not including non-refundable deposit amounts and fees.)
If your proof has been prepared, but not yet approved for print, it is our policy to retain no less than $100, and up to 50% of the ketubah purchase price to cover costs already incurred by us.
Once your proof has been approved for print, the order cannot be cancelled and refunds will be possible for shipping costs only.
We aim for 100% Customer Satisfaction. If you’re not happy for any reason, please let us know. We’ll handle your issue on a case-by-case basis to make it right.
11: GENERAL CONDITIONS. We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to refuse any order you place with us. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, without our explicit consent. 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.
12: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION. We are not responsible if information made available on this site is not accurate, complete or current. We do not warrant that any errors in the site will be corrected within a set time-frame. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
13: PRODUCTS. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. 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 anytime without notice, at our sole discretion. We reserve the right to modify or discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
14: ERRORS, INACCURACIES AND OMISSIONS. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the site or on any related website, should be taken to indicate that all information on the site or on any related website has been modified or updated.
15: MODIFICATIONS TO AND DISCONTINUANCE OF THE SITE, PRODUCTS, OR SERVICES. Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the site, products, or services at any time, with or without notice to you. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service. You agree that we, in our sole discretion, may immediately terminate your access to the site at any time, for any reason, at our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
16: THIRD PARTY CONTENT AND OTHER WEBSITES. Certain content, products and services available via our site may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 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 third-party. Content from other users, suppliers, advertisers, and other third parties may be made available to you through the site. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. 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. We are not responsible for the content, products, materials, or practices (including privacy practices) of websites not operated by us. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party.
In addition, be aware that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For example, we may share your ketubah text with you via google docs or email. Credit card information is always encrypted during transfer over networks.
18: FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to products, the site, or the services (collectively, “feedback” ) you agree we may use the feedback to modify our products, site, and/or services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. This is true whether you provide the feedback on the site or through any other method of communication with us, unless we have entered into a separate written agreement with you that provides otherwise.
19: USE OF PRODUCTS BY RUTH MERGI LLC. From time to time, we may request your consent to use photographs and other reproductions of Products ordered by you or provided to you in our marketing materials, publicity and other materials and on the site. In such event, we will seek your consent prior to such use. If you provide us with your consent, we will have a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of to use, reproduce, distribute, create derivative works of and publicly display, photographs and reproductions of such products and other materials in all media existing now or created in the future to market our products, services, and site and for such other purposes as we may determine.
Third-Party Materials. As a part of the site and/or services, you may have access to materials that are hosted by another party. You agree that it is impossible for Ruth Mergi LLC to monitor such materials and that you access these materials at your own risk.
21: USER SUBMITTED MATERIALS. Any materials submitted by you to Ruth Mergi LLC, including, without limitation, text, artwork, photographs, images, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions. You will retain ownership of such User Submitted Materials, and you grant Ruth Mergi LLC and our designees a limited, non-exclusive, royalty-free, right and license, to use, reproduce, distribute, create derivative works of and publicly display such User Submitted Materials (i) to enable you to use the service to create, produce, and purchase products, (ii) in connection with the production or provision of any product or service you request, (iii) to show you how your User Submitted Materials would appear in our products or services, and (iv) to enable Ruth Mergi LLC to provide the products and services.
Please note that while you retain ownership of your Submitted Materials, any template or layout in which you arrange or organize such Submitted Materials through tools and features made available through our sites are not proprietary to you, and the rights to such template or layout will remain with us.
You represent and warrant that you own or otherwise possess all necessary rights with respect to the Submitted Materials, and that the Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Submitted Materials, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
For example, if using a custom ketubah text or custom text of any kind, you represent and warrant that you own or otherwise possess the necessary rights with respect to that text, and that you have not used the text of any artist, company, or copyright-holder without their express permission.
22: RULES REGARDING INFORMATION AND OTHER CONTENT. When you access the site and/or services, you obtain access to various kinds of images, video, audio, data, and other information and materials, all of which we call “Content.” You agree not to revise Content posted by others, and you represent and warrant that you will not use any Content in any manner or submit any Submitted Materials or other Content that: (a) Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; (b) Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation; (c) Is false or inaccurate or becomes false or inaccurate at any time; Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion; (d) Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others; (e) Misrepresents your identity in any way; (f) Contains any viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) Advocates or encourages any illegal activity; or (h) Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
23: GENERAL RULES OF USER CONDUCT. It is our goal to make access to our site and services a good experience for all of our users. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the site or services, use of the site or services, and/or access the site or services, without express written permission by us. If we determine for any reason that a user is interfering with the positive experience of any other use, we reserve the right to limit, restrict, or block use of access to any portion or the entirety of our site and/or services.
24: PROHIBITED USES. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information, and/or impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (g) to interfere in any way with the proper functioning of the site and services or interfere with or disrupt any servers or networks connected to the site or services, or disobey any requirements, procedures, policies or regulations of networks connected to the site or services; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to use the site or services to generate unsolicited email advertisements or spam; or to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; (l) to use any high volume automatic, electronic, or manual process to access, search, or harvest information from the site or services (including without limitation robots, spiders or scripts); or (m) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the site or service or any related website for violating any of the prohibited uses.
25: DISCLAIMER OF WARRANTIES. This site and all content, products and services included on or otherwise made available to you through this site are provided by Ruth Mergi LLC “with all faults” and on an "as is" and "as available" basis, unless otherwise specified in writing. Ruth Mergi LLC makes no representations or warranties of any kind, whether express or implied, as to the operation of this site or the content, products, or services included on, or otherwise made available to you through, this site, unless otherwise specified in writing, including, but not limited to, any warranties of merchantability, fitness for a particular use, or purpose, non-infringement, quiet enjoyment, and accuracy. You expressly agree that your use of this site is at your sole risk.
You agree that from time to time we may remove the site, store, products, and/or for indefinite periods of time or cancel our services at any time, without notice to you.
26: LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO SELL THE PRODUCTS AND PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE TOTAL AMOUNT OF THE ORDER GIVING RISE TO OUR LIABILITY.
Without limiting the foregoing, under no circumstances will we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
27: INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Ruth Mergi LLC and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
28: ELECTRONIC COMMUNICATIONS. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption. We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications (as defined) electronically. This informs you of your rights when receiving Communications from us electronically.
For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us.
You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the site and services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent.
29: NOTICE. Where we require that you provide an email address, you are responsible for providing Ruth Mergi LLC with your most current email address. In the event that the last email address you provided to Ruth Mergi LLC is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Ruth Mergi LLC’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Ruth Mergi LLC at the following address: firstname.lastname@example.org. Such notice shall be deemed given when received by Ruth Mergi LLC by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the below address.
30: TRADEMARKS & COPYRIGHT NOTICE. The trademarks, logos and service marks displayed on the site are the property of Ruth Mergi LLC. Unless otherwise specified, all information and screens appearing on this site including all materials, documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of Ruth Mergi LLC. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
31: INTERNATIONAL USERS. This site can be accessed from countries around the world and may contain references to services and products that are not available in your country. These references do not imply that Ruth Mergi LLC intends to announce such services or products in your country. The site and services are controlled and offered by us from its facilities in the United States of America. We makes no representation that the site or the products are available for use in other locations. Those who access or use the site or the services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
32: ASSIGNMENT. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
34: RELEASE. You hereby release the Ruth Mergi LLC Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind that is either directly or indirectly related to or arises from your use of the site and/or services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the site and/or services. If you are a California resident, you hereby waive California Civil Code 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
35: SEVERABILITY. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
36: TERMINATION. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our site or services (or any part thereof).
37: ENTIRE AGREEMENT. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
38: GOVERNING LAW. These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Takoma Park, Maryland, United States.
39: CHANGES TO TERMS OF SERVICE. You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
40: CONTACT INFORMATION. Questions about the Terms of Service should be sent to us at email@example.com. Our mailing address is: Ruth Mergi LLC, 2921 Terrace Ave, Chevy Chase, MD 20912 USA.