Rubitrux Terms of Service

This page states the terms and conditions ("Terms") under which you may use this site.  If you do not accept the Terms, you are not authorized to use this web site.  By accessing or using this site, you agree to these Terms.  RubiTrux may change, revise or update the Terms at any time by updating this posting.  You should visit this page periodically to review the Terms because they are binding on you.  The term "you" refers to all individuals or entities accessing this site for any reason. 

Use of Site

We provide information about our products and services and certain other third party information on this site.  This site is provided at no charge for convenience only and RubiTrux does not warrant the accuracy of the information in this site.  Information may be changed or updated without notice.  RubiTrux may also make improvements and/or changes in the products and services described in this site at any time without notice.  Any information contained in this site does not represent a commitment on the part of RubiTrux in the future.  From time to time, RubiTrux may need to take the web site down or otherwise make it unavailable due to scheduled, preventative, required or emergency maintenance, repairs, abnormal usage, updates, or other changes. 

System Integrity

In accessing or using this web site, you agree that you will not: a) interfere, damage or attempt to interfere with or damage the proper working of this site or service or its infrastructure, host or network, b) use any device, software, routine, malicious code, repeated "hacks" or "attacks," bot, spider, virus or other similar item on or in the site or its infrastructure, host or network; c) impose or attempt to impose any unreasonable or disproportionately large load on this web site or its infrastructure, host or network, including without limitation, spamming, overloading, mailbombing, denial of service attacks, "spam", crashing, phreaking or other unsolicited overload techniques; d) use this web site to send advertising, promotions, solicitations, viruses or other information to other users or persons; e) submit, post or transmit though or to this web site any information which defames, invades privacy, is threatening, harassing, abusive, racist, sexist, sexually explicit, pornographic, profane, indecent, hateful or otherwise objectionable; f) violate any law or encourage or advocate conduct which would violate any law, infringe upon the rights of others, or give rise to civil liability; or g) modify, remove, delete, or copy any part of this web site. 

Intellectual Property

This site, its content, design and graphics and all intellectual property rights associated therewith are owned by RubiTrux.  All rights reserved.  Permission is granted to view and access a single copy of this site for use as a resource for your personal use only and for no other purpose.  Any other use is prohibited.  You may not copy (other than set forth above), reproduce, reverse engineer, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the site, in whole or in part.  All trademarks, service marks, trade names, graphics, and logos (collectively, the "Marks") are owned by RubiTrux and its affiliates or by other respective owners that have granted RubiTrux the right and license to use such marks.  RubiTrux prohibits your use of any Marks contained in this site. 

Disclaimer

The site and its content, including without limitation, text, graphics, and links, are provided "AS IS" and without warranties.  To the extent transferable, RubiTrux transfers any manufacturer’s warranties to you.  To the fullest extent permitted by law, RubiTrux disclaims all representations and warranties, whether express or implied.  RubiTrux specifically disclaims implied warranties of merchantability, fitness for a particular purpose, fitness for an intended use and non-infringement.  RubiTrux does not warrant or represent that access to or use of the site or the server which makes it available will be uninterrupted, error-free, or free of viruses or other harmful components.  This site may contain typographical errors and RubiTrux is not liable for such errors.  You expressly agree that the use of the site is at your own risk. 

Limitation of Liability

RubiTrux is not liable or responsible for any infections, contaminations, delays in operation or transmission, line failures, errors, omissions, interruptions, lack of availability, or defects arising out of your use of the site or with respect to the material provided or contained in the site.  In no event is RubiTrux liable to you for any special, indirect, incidental, consequential damages, direct, exemplary, punitive or other damages of any kind, resulting from whatever cause, including but not limited loss of use, loss of revenues or profits, loss of data or loss of business opportunity, even if RubiTrux knew, should have known or is or was advised of the possibility of such damages, whether in an action under contract, negligence or any other theory, arising out of or in connection the use, inability to use or performance of the information services, products and materials available from the site or otherwise.  Without limiting the above, RubiTrux’s cumulative liability to you will not exceed the greater of the fees paid to us by you during the 12 months prior to the event giving rise to the liability, or $500.You specifically agree that RubiTrux is not liable for any defamatory, offensive or illegal conduct of any user.  RubiTrux is not liable for our supplier’s performance or lack of performance or late or missed delivery dates.  If you are dissatisfied with the site, your sole and exclusive remedy is to discontinue use of the site.  Some jurisdictions may not permit disclaimers or limitations set forth herein, in which case RubiTrux’s liabilities are limited to the fullest extent permitted by applicable law.  These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. 

Submissions

You shall not submit, post or transmit to, through or with this site any content or material which: a) is unlawful, constitutes, advocates or encourages conduct that is a criminal offense, could give rise to civil liability or otherwise violate any applicable local, state, provincial, national or international law; b) infringes upon any intellectual property right or other right of any entity or person, including without limitation, any copyright or trademark; c) advertises or otherwise solicits funds or is a solicitation for goods or services; d) contains a virus or other harmful component; or e) otherwise violates the Terms.  You are solely responsible for any information, communication or material you submit to this site and you, not RubiTrux, have full responsibility for such information, communication or material, including its legality, reliability, appropriateness, originality or copyright. 

Links and External Sites

This site may contain from time to time links or pointers to other sites owned and operated by third parties ("Linked Sites").  By using such a link, you agree that RubiTrux does not endorse and is not responsible for the content of the Linked Sites, availability of such sites, or the actions or omissions of its owners or operators.  You access such Linked Sites at your own risk.  You should contact the site administrator or Webmaster for such Linked Site if you have any concerns regarding such links or the content thereof. 

Jurisdiction and Choice of Law

The site has been created and is owned and operated by RubiTrux from its office at 465 East King Street, Boone, NC.  RubiTrux makes no representations that the materials in the site are available or appropriate for use in other locations.  Accessing this web site from territories where the contents are illegal is prohibited.  Those who access this site from other locations do so at their own risk and are responsible for compliance with any and all local laws.  The laws of the State of North Carolina shall govern this site, these terms and conditions and any dispute related thereto, without regard to conflict or choice of law rules.  Use of this site is unauthorized in any jurisdiction that does not give effect to all of these Terms, including without limitation this paragraph. 

Arbitration

Any controversy, dispute or claim brought by you against RubiTrux or its parent corporations, subsidiaries, affiliates, directors, officers, agents, suppliers, representatives shall be resolved by binding arbitrations in accordance with the commercial arbitration rules of JAMS.  Any such controversy, dispute or claim brought by you shall be arbitrated on an individual basis and shall not be consolidated with any other controversy, dispute or claim.  The arbitration shall be conducted in North Carolina, USA and judgment on the arbitration award may be entered into any court having jurisdiction thereof. 

Entire Agreement

This Agreement constitutes the entire agreement between you and RubiTrux with respect to this site and it supersedes all prior agreements between you and RubiTrux with respect to this site.  A printed version of this Agreement and of any notice given in electronic form shall be admissible in any court proceedings as a business record generated and maintained in printed form. 

Severability

If any of these Terms is declared to be illegal, invalid or unenforceable, such provision(s) will be severed from this Agreement.  The remaining Terms shall remain in full force and effect as if such severed provision(s) was(were) never a part of these Terms. 

Termination

RubiTrux may terminate or suspend your right to use or access this site immediately without notice, in the sole discretion of RubiTrux, if you fail to comply with the Terms, if we are unable to verify or authenticate any information you supply or release to us, or for any other conduct that is harmful to the interests of another user, third-party provider, or RubiTrux or its merchants, suppliers or customers.  In the event of such termination, you are no longer authorized to access any portion of this site.