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The Rug Truck
Terms of Service
Adopted: April 17, 2019
OVERVIEW
This website (“website” or “Site”) is operated by The Rug Truck. Throughout these Terms of Service and the Site, the terms “we”, “us” and “our” refer to The Rug Truck. The Rug Truck 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.
By visiting our Site, viewing and using its content and features as permitted herein, and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or on the Site. 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.
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 the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – PERMITTED USERS
This website is intended for use only by U.S. citizens eighteen (18) years of age or older, who have the capacity to enter into a valid contract. By using this Site and the Service, you represent and affirm that you meet these requirements. In accordance with the Children’s Online Privacy Protection Act, we do not knowingly or intentionally solicit or collect information from minors. Our website and Service are not targeted towards, nor intended for use by, anyone under the age of thirteen (13). If you are under the age of thirteen (13), you are not permitted to use our website or Service. If you are under the age of eighteen (18) but at least thirteen (13), you affirm that you have explicit permission from a parent or legal guardian before using the website or Service, and agree that your parent or legal guardian has read, understands, consents and agrees to be bound by these Terms.
SECTION 2 – OUR INTELLECTUAL PROPERTY RIGHTS
Our website, Service, and the information and content contained on our website, including but not limited to text, photographs, audio, video, graphics, logos, icons, images, articles, reports, guides, forums, blogs, portals, discussion boards and software (collectively “Content”), is the property of The Rug Truck or our vendors, business partners or other third party content suppliers (“Third Party Content”), and is protected by U.S. and international trademark and copyright laws. The design, layout and appearance of the website and the compilation (meaning the collection, arrangement and assembly) of all Content on the website is the exclusive property of The Rug Truck and is protected by U.S. and international trademark and copyright laws. We, and/or the third party content suppliers, own the Content and Third Party Content on this website, and you do not acquire any ownership rights by accessing, downloading or printing any such Content and Third Party Content as may be permitted by these Terms. All rights are reserved and Content may not be reproduced, downloaded, modified, displayed, distributed, republished or transferred, in any form or by any means, except with the prior written permission of The Rug Truck or as expressly indicated below.
The Rug Truck, our associated logo comprised of the design of a truck, and any logos, slogans or marks combined or used in connection therewith on our website, exclusive of marks of our partners, vendors and other third parties, are service marks of The Rug Truck and may not be used in connection with any third party product or service in a manner that is likely to cause consumer confusion or to disparage or harm the reputation of The Rug Truck or to diminish the distinctive quality of our marks and their association with us. All other marks that appear on this Site are property of their respective owners. Without prior written authorization from us or any applicable third party owner, you are prohibited from using, copying or modifying the trademarks, service marks, names, logos, pictures, images or videos of The Rug Truck or any third party provider thereof. You may not use any keywords, meta tags or any other “hidden text” utilizing our names or trademarks without our prior, express written consent. In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy our website or web pages is strictly prohibited. Linking to our website may only be done with our prior written permission, which shall be subject to revocation at any time in our sole discretion.
If you are a personal user, you may access, download and print information on this Site for your personal, non-commercial home use only. If you are a company user, you may access, download and print information on this Site for your company's internal use only and not for purposes of publishing our content to persons outside of your company. If you are permitted by these Terms to print and download information, you must retain all copyright, trademark and other proprietary notices on all copies of the downloaded or printed content, you may not modify the content, nor may you reproduce, publicly display, distribute, license, rent, sell, transmit, or otherwise exploit the content for any public or commercial purpose. The use of any Content from this Site on any other website or networked computer environment (including for purposes of establishing a link to this Site) is prohibited.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We reserve the right to refuse Service to anyone for any reason at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange in accordance with our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on our Site. We cannot guarantee that your computer monitor's display of any color, pattern, texture or image will be accurate.
We are not responsible for delays beyond our control such as late vendor shipment, trucking delays or delays caused by weather.
The customer assumes all risk of loss or damage to products that occur after they have been delivered.
For information regarding product returns, please review our Return Policy on the Site.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
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 the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
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.
You represent and warrant that if you are purchasing something from us through the Site and Service: (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
You are solely responsible for the activity that occurs on your account, and you must keep your login and password secure. We are not liable for any damages or harm arising out of your intentional or inadvertent disclosure of your account information, your authorization to allow another person to use your account information or the theft or loss of your password or login information.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service 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.
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. 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.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, reviews, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, alter, reproduce, publish, distribute, display, transmit, translate and otherwise use and exploit, worldwide and in any media now known or hereafter developed, 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 our use thereof; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s rights or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
All information submitted to us through our website becomes our property. We may use any information you submit for any purpose we deem appropriate in accordance with these Terms of Service and our Privacy Policy.
Your submission of personal information through the Site is governed by these Terms and our Privacy Policy.
You understand that your information and content (not including credit card information), may be transferred encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
SECTION 11 - 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, taxes, transit times, shipping and delivery dates, 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 in the Service or the website is inaccurate at any time without prior notice (including after you have submitted your order).
Some product information and product pricing may be unintentionally missing or inaccurate, and we will endeavor to correct such discrepancies in a commercially reasonable manner if you notify us that such errors or omissions exist, but we are not obligated to honor pricing errors and listing errors.
SECTION 12 - 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, state or local regulations, rules, laws, or 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; (g) 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 the website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or the website, other websites, or the Internet. We reserve the right to terminate your use of the Service or the website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our website or Service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
We endeavor to provide excellent and accurate information and services and to keep the website and Service operable and available. However, we shall have no liability for the website and Service being unavailable to you or inoperable for any reason. Your use of this website, Service and any materials or information available thereon, is entirely at your sole risk and we shall have no liability relating thereto. Neither we nor any third parties make any representation, warranty or guaranty as to the accuracy, completeness, suitability, reliability or timeliness of the content and information available on or through this website and the Service. You are solely responsible for ensuring that any content, information, products or services available on or through this website and the Service meet your requirements and specific purpose.
OUR WEBSITE, THE SERVICE AND ALL PRODUCTS AND SERVICES OFFERED AND DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED HEREIN OR ON THE SITE) PROVIDED “AS IS,” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, THE SERVICE AND THE INFORMATION, CONTENT, MATERIALS AND SERVICES REFERENCED IN OR PROVIDED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OR FREEDOM FROM ERRORS, VIRUSES, BUGS, INTERRUPTION OR OTHER TECHNICAL PROBLEMS AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS OR PARTNERS, BE LIABLE FOR ANY INJURY OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE WEBSITE AND SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE AND SERVICE, ANY DELAYS ON THE WEBSITE AND SERVICE, OR THE INABILITY TO USE THE WEBSITE AND SERVICE OR ANY PORTION THEREOF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT ANY PART OF THESE TERMS IS FOUND TO BE UNENFORCEABLE, THE REMAINDER SHALL CONTINUE IN FULL FORCE AND EFFECT. WE HEREBY RESERVE ANY AND ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THESE TERMS AND IN THE POLICIES SET FORTH IN OUR SITE.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Rug Truck and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim, demand, damage, loss, cost and expense, including reasonable attorneys’ fees, suffered or incurred by any of them based upon or arising out of your breach of these Terms of Service or any documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - 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, and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
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 may terminate your right to access and use the Site and Service at any time without notice and you will remain liable for all amounts due up to and including the date of such termination; provided, however, that this shall not constitute an election of remedies.
SECTION 17 - 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 our Site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service and our website, 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 or policies posted on our Site).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
Regardless of where you live or your business is located, by entering and using our Site or Service you agree that the laws of the state of Maryland, and the United States where applicable, shall govern any disputes or interpretations that may arise regarding these Terms, the content of our Site, your use of our Site and Service, and any communications that may occur between you and us, or any third party due to your use of our Site, without regard to any conflict of laws rules. The state and federal courts of, and in, Maryland shall have exclusive jurisdiction over any such matter to the exclusion of the courts located in any other state or territory. By entering and using our Site and Service, you agree to submit to the jurisdiction of the courts located in Maryland should any such dispute arise.
SECTION 19 - 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.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contactus@therugtruck.com.