RUSU SHOP LLC
Last Revised: June 11, 2020
- Access to the Service
- License. We are giving you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own personal, noncommercial use, but only as we explain it in these Terms.
- Restrictions. Our license grant to you has some restrictions: (a) you agree not to re-license, sell, rent, lease, transfer, assign, distribute, host, or commercially exploit the Service or any part of it; (b) you agree not to modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you agree not to access the Service to build a similar or competitive website, product, or service; and (d) unless we say you can in these Terms, you cannot copy, reproduce, distribute, republish, download, display, post or transmit the Service. Unless we say otherwise, these Terms also apply to any future release, update, or other addition to functionality of the Service. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.
- Modification. We can change or stop providing the Service or any part of it. We won’t be responsible to anyone for any change to or discontinuation of the Service or any part of it.
- Platform Support or Maintenance. We aren’t required to provide support or maintenance. If we do it, it’s because we are nice and we decided to do it.
- Ownership. We own the service and every part of it and all of the rights in those parts. By accepting these Terms, you agree to that. Specifically, all copyrights, patents, trademarks and trade secrets in the Service and its content belong to us or our suppliers. Nothing – not these Terms or anything else – transfers any rights title or interest in any of these intellectual property rights to you or anyone else (except for the limited access license forth in Section 1.1). All rights not granted in these Terms are reserved. There are no implied licenses granted under these Terms.
- Terms of Sale.We may make some products, services or content available to you for purchase or license through the Service. By purchasing or licensing any products through the Service (“Products”), you agree to these Terms and the terms in this Section (the “Terms of Sale”).
- Making Purchases. When you make a purchase on the Service, the total price of Products may include taxes, fees, shipping or special handling costs. Before you confirm certain transactions, we might show you additional terms related to that purchase (like special shipping or license terms). Those additional terms will also apply to that transaction.
- Returns and Refunds.
- You may request a return or exchange within 15 days of delivery.
- Every request for return or exchange is reviewed on a case by case basis. We may refuse to return or exchange any Product for any reason in our discretion.
- You may request return or exchange of merchandise damaged during shipping and your request will be reviewed on a case by case basis. If we are able to confirm the product is damaged, we will offer a return or exchange of the item, in our discretion.
- By Us. We have the right, in our sole discretion, to refuse or cancel orders at any time.
- By the purchaser. All sales are considered final. We may, in our discretion, allow cancellation of an order prior to shipment, but we are not required to do so.
- Payment Methods. The Service accepts payments only through a third party payment processor, PayPal. We do not collect or store your financial information. We may add or remove acceptable payment methods at any time. Not all accepted payment methods will be valid for all transactions. When you provide a payment method to the Service, you confirm that you are permitted to use that payment method. By submitting an order through the Service, you authorize us, through our designated agent or payment processor, to charge the full amount to the payment method you designate. You also authorize us to collect and store that payment method and related transaction information. You alone are responsible for overdraft or other fees from your bank.
- Taxes. You are responsible for ensuring applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase are paid. The Service may collect sales tax for certain U.S. jurisdictions. However, no warranty or representation is made that the amount of such collection is sufficient or complete. If you do not pay sales or other taxes or fees on a transaction, or if the amount you paid is later determined to be insufficient by the applicable authority, you will be responsible for payment of the taxes and fees determined payable on any purchase. We reserve the right to collect such taxes or other fees from you at any time.
- Errors. We do not warrant that Products or descriptions, pricing, or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Service or at any point in the ordering, processing or delivering of a Product or otherwise, we reserve the right to correct the error and revise the order if necessary or to cancel the order and refund any amount charged. Your sole remedy in the event of any error is to cancel your order or obtain a refund consistent with these Terms of Sale.
- Feedback. If you give us suggestions about the Service, which we’ll call “Feedback”, you assign us all rights in that Feedback and agree that we can use and exploit it in any way we want. We will treat any Feedback you give us as non-confidential and non-proprietary. You agree that you will not give us any information or ideas that you consider confidential or proprietary.
- Indemnification. You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your purchase of any Product, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Third-Party Links & Ads The Service may contain links to third-party websites and services or display advertisements for third parties. These “Third-Party Links & Ads” are not under our control, and we are not responsible for them. We might provide access to Third-Party Links & Ads as a convenience, but we don’t review, approve, endorse or make any promises or warranties with respect to them. You use Third-Party Links & Ads at your own risk. When you click on any Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should look into those policies in whatever depth you think appropriate before proceeding with any Third-Party Links & Ads.
- Release. You release and discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Service users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- Disclaimers. THE SERVICE IS PROVIDED “AS-IS” AND “AS AVAILABLE.” WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Term and Termination. These Terms will remain in effect while you use the Service. We may suspend or terminate your rights to use the Service at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Service will terminate immediately. We will not have any liability to you for any such termination of your rights. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.2 through 1.4, and Sections 3 through 11.
- Changes. We might change these terms sometimes. If we make bigger changes, we might notify you by e-mail to the address we have on record for you (if any) or by posting a notice on the Service. You are responsible for providing us with your most current e-mail address. If the e-mail address we have for you is not valid or the email doesn’t reach you for any reason, our dispatch of the e-mail containing the notice is still effective notice of the changes. Any changes to these Terms will be effective upon the earlier of 30 days after the e-mail notice 30 days after our posting of notice of the changes on the Service. Changes will be effective immediately for new users of the Service. Continued use of our Service following notice will indicate acknowledgement and agreement to be bound by the new terms and conditions.
- Dispute Resolution. Please read this section carefully. It contains procedures for dispute resolution AND A CLASS ACTION WAIVER.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Governing Law. These Terms and any dispute related to these Terms or the Service or any Product will be governed, construed, and enforced in accordance with the laws of the State of California, without regard to its conflict of laws rules.
- Courts. The parties hereby agree to submit to the personal jurisdiction of the courts located within Orange County, California.
- Electronic Communications. You consent to receive communications from us in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that the communication would satisfy if it were a hard copy. This does not affect any non-waivable rights.
- Entire Terms. These Terms are the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms is not a waiver of the right or provision. Section titles in these Terms are for convenience only and have no legal effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
- Copyright/Trademark Information. Copyright © 2020 RUSU SHOP LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Service are our property or the property of our licensors. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- Contact Information:
RUSU SHOP LLC
1439 W. Chapman Ave,
Orange, CA 92868