Terms of service
TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS SOLD BY RUTGUARD™
(1) THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, FOR CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. BY PLACING AN ORDER FOR PRODUCTS FROM THIS RUTGUARD™B SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS RUTGUARD™ WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS RUTGUARD™ WEBSITE OR ANY OF THIS RUTGUARD™ WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products through www.RutGuard.com (the "Site"). By using the Site, you accept and agree to be bound by these Terms. No Rut, LLC, (hereinafter referred to as “RutGuard™”) may modify these Terms from time to time, and any modifications will be effective immediately when posted. You are responsible to review for modified terms. Your purchase of any products that are available through this Site means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made
(2) Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or RutGuard™ will not be obligated to sell the products to you. RutGuard™ may choose not to accept any orders in our sole discretion. After having received your order, RutGuard™ will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale will not take place unless and until you have received your order confirmation e-mail.
(3) Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or charges for shipping and handling, if any. You will have notice of all such taxes and charges by reviewing your merchandise total in your shopping cart and in your order confirmation e-mail. RutGuard™ is not responsible for pricing, typographical, or other errors in any offer by us and RutGuard™ reserves the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. RutGuard™ accepts Visa, MasterCard, American Express, Discover, Apple Pay, PayPal, and Venmo for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
(4) Shipments; Delivery; Title and Risk of Loss.
(a) RutGuard™, employing Standard Ground Shipping, will arrange for shipment of the products to you
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. RutGuard™ is not liable for any delays in shipments, nor is RutGuard™ required to refund orders lost in the mail. If an item is not delivered by the carrier, you must notify us within 7 days of the originally scheduled delivery date. Any decisions regarding whether or not to replace a lost item are within our reasonable sole discretion, upon timely notice.
(5) Returns and Refunds.
Except for any products designated on the Site as non-returnable, RutGuard™ will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 15 days of the shipment date and provided such products are returned in their original condition. To return products, you must e-mail us at info@RutGuard™.com You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment, meaning if an item is not delivered back to RutGuard™, you will not be refunded. Refunds are processed within approximately 2-3 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. RUTGUARD™ OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
(6) Limited Warranty.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. RUTGUARD™ WARRANTS THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
RUTGUARD™ EXTENDS NO IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RUTGUARD™ MAKES NO WARRANTY AS TO THE AMOUNT OF MATERIAL NEEDED FOR YOUR PARTICULAR PROJECT.
RUTGUARD™’S RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT.
(a) This limited warranty extends only to the original purchaser of products from the Site, not to any subsequent or other owner or transferee of the product. This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products. This limited warranty does not cover any damages due to transportation; storage; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control. This limited warranty starts on the date of your purchase and lasts for ten years (the "Warranty Period"). The Warranty Period is not extended if RutGuard™ repairs or replaces a warranted product. RutGuard™ may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(b) With respect to any defective products during the Warranty Period, RutGuard™ will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. RutGuard™ will also pay for shipping and handling fees to return the repaired or replacement product to you if RutGuard™ elects to repair or replace the defective products.
(c) Limitation of Liability. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL RUTGUARD™ UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The informal dispute resolution procedure detailed in Section 11 is available to you if you believe that RutGuard™ has not performed our obligations under this limited warranty or these Terms.
(7) Intellectual Property Use and Ownership.
You acknowledge and agree that RutGuard™ and/or its affiliated businesses are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
(8) Privacy.
RutGuard™ respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
ADDITIONAL TERMS AND CONDITIONS
A. GOVERNING LAW.
The Parties have entered into this Agreement in the State of Texas and agree that the validity, interpretation, and legal effect of this Agreement, of all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of Texas, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of Texas, and that venue of any action will be located in Harris County, Texas.
B. BINDING EFFECT.
This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.
C. INDEMNIFICATION.
To the extent permitted by applicable laws, both Consumer and Company agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
D. BINDING ARBITRATION AND MEDIATION.
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN HARRIS COUNTY, TEXAS OR ANOTHER LOCATION MUTUALLY AGREEABLE, IN WRITING, TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION. PRIOR TO EITHER PARTY DEMANDING ARBITRATION, THEY WILL ENGAGE IN GOOD-FAITH MEDIATION, EITHER IN PERSON OR REMOTELY. IF MEDIATION IS REQUESTED, IT SHALL TAKE PLACE WITHIN 30 DAYS OF THE WRITTEN REQUEST FOR MEDIATION.
E. ENTIRE AGREEMENT.
This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third-party beneficiary.
F. EQUITABLE RELIEF.
You acknowledge and agree that in the event of a breach or threatened violation of RutGuard™’s intellectual property rights and confidential and proprietary information by you, RutGuard™ will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. RutGuard™ may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Mediation and Arbitration referenced above. You consent to the personal and subject matter jurisdiction the state courts in Harris County, Texas.
G. COMPLIANCE WITH LAW.
The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
H. NO WAIVER.
If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
I. FORCE MAJEURE:
Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.