MRS. RUTH’S BRIDES WEBSITE TERMS OF USE

 

This website is offered to you by MRS. RUTH’S BRIDES, LLC (“we” or “us” or “our” or “website” or “it”), a web based business.  By visiting and/or using the Website, you fully and unconditionally agree to the Terms and Conditions associated with it.  By using the Website, you represent that you lawfully consent to U.S. jurisdiction for all purposes on the Website as if a resident of the U.S. and have the right, authority and capacity to enter into the Website Terms of Use.  You agree that we are providing you the ability to view and distribute user-generated content on the Website, acting only as a passive conduit for such distribution and not undertaking any obligation or liability relating to any such content.  You acknowledge that we may also discontinue any aspect of the Website at any time, including the availability of content without prior notice.  Any offers we make you via the Website are conditional and dependent on your acceptance of our Website Terms of Use.  Further, occasionally, there may arise a need to change our Website Terms of Use.  In that event, all affected pages will immediately post and your subsequent visit to the Website will indicate your continued acceptance of the Website Terms of Use.  

 

 Conduct

We expect visitors to the Website to conduct themselves in an ethical and professional manner when visiting and/or transacting business with us on the Website.  We ask that you will not: 1) engage in private/public abuse or violation of other’s rights; 2) provide misleading or inaccurate contact information; 3) violate any/all applicable laws, rules or regulations; 4) implicate us in any endorsements; 5) spam or flood Website; 6) mirror any portion of Website; 7) violate intellectual property rights (copyright/trademark); 8) solicit, advertise, or generate any other unsolicited form of commercial communication; 9) attempt to copy, duplicate, reproduce, sell, or trade contents of the Website; 10) place an order unless you are eighteen (18) years of age or have permission of a parent or legal guardian.  You agree, in the event the above conduct is violated, we reserve the discretionary right to terminate or restrict your use of the Website without notice for any/no reason without liability to you or any third party.

 

 Submitting Information

When visiting or conducting order transactions on the Website, you agree not to deliberately transmit data containing viruses; files/programs that will destroy or hinder the functionality of the Website.  You consent to the use of your likeness and have obtained consent (written) from every identifiable individual who appears in a submittal to use such individual’s likeness.  You agree that upon submitting data to us (ideas, comments, reviews, materials, photographs, images, artwork), it will be owned by us and you hereby irrevocably assign any intellectual property rights in such data.  You further agree that we are free to use this data without notice, compensation, or acknowledgement to you for any purpose whatsoever.  Further, any images or text must be your own or you possess all necessary rights to inhibit the violation of any intellectual property or proprietary rights of any third party.  If such should occur, we reserve the right to request you to submit evidence of your ownership of or right to use the submission(s).  If upon such a request, we do not receive information we deem credible evidence of such rights, we shall do the following: suspend shipment; share information with government organizations; law enforcement; and/or third parties.

 

Limitation of Warranties and Liability

By using MRS. RUTH’S BRIDES.COM, you agree that the Website is provided “AS IS” “AS AVAILABLE” and without any warranty of any kind, whether expressed, implied, or statutory.  We do not warrant that the functions contained in the Website will be uninterrupted or error-free; defects will be corrected; or that the Website or server making the Website available are free of viruses or other harmful components.  In the event of any breach of warranty, your exclusive remedy shall be that we shall at our option, repair, replace, or refund the price you paid for any defective goods.  We assume no liability or responsibility for any errors or omissions on the Website; any failures, delays or interruptions in the Website’s accessibility; any losses or damages arising from the use of the Website; or any conduct by other users of the Website.  We reserve the right to deliver the Website in our sole and absolute discretion.  Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing may not apply to you. 

 

IN NO EVENT SHALL WE, OUR AFFILIATES, SUBSIDIARIES, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THESE TERMS, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE) AND TOTAL LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT PAID FOR THE PRODUCT.  Some states do not allow the exclusion of certain damages, so the above may not apply to you.  If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by law.

 

Indemnification

You agree to indemnify, defend and hold us, our officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorney’s fees and court costs arising directly or indirectly, in whole or in part out of your use of the Website or your violation of these Website Terms of Use, any law or the rights of any third party.

 

Governing Law

MRS. RUTH’S BRIDES.COM is controlled by MRS. RUTH’S BRIDES, LLC in the state of Ohio, USA.  It can be accessed by most countries around the world.  As each countries have laws that may differ from those in Ohio, by accessing the Website, you agree that statues and laws of Ohio, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods will apply to all matters relating to the use of the Website and the purchase of any products or services through the Website.  Also, any action to enforce these Website Terms of Use shall be brought in the federal or state courts located in the United States of America, Ohio.  You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

Proofs

Your item will be setup by our designers and may incur stylistic and/or grammatical improvements at our proofreader’s discretion, verified, and a free PDF proof will be sent to you via email within seventy-two (72) hours to review prior to print and ship.  We ask that you: 1) carefully review the proof; 2) REPLY to email; in body of email list necessary correction(s); and 3) write approval statement giving us permission to proceed with the order process; 4) send email back to us.  We will send a confirmation email that we received your proof information.

 

Disputes

Your use of the Website shall be governed by the laws of Ohio without regard to choice of law provisions.  Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of or relating to the Website shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Hamilton County, Ohio.  Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises, or it shall be forever barred.