These Terms are entered into by and between you and The Ruby Door. In consideration of your shopping with The Ruby Door, and the promises and obligations herein, and intending to be legally bound, you and The Ruby Door hereby agree as follows:

• You are eighteen (18) years of age.
• You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your shopping with The Ruby Door and your purchase of items through The Ruby Door.
• Your shopping with The Ruby Door is subject to these Terms, any modifications issued by The Ruby Door to these Terms, and all applicable laws and regulations.

1. Conflict of Terms

The Ruby Door provides products and services for sale and provides information about these products and services. These Terms and the information provided by The Ruby Door govern your shopping with The Ruby Door.

2. Terms and Conditions Changes

The Ruby Door may for any reason, at any time and without prior notice, either change the Terms or add new terms and conditions with regards to your shopping with The Ruby Door. Such changes and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the changed or additional terms and conditions on therubydoor.com. You are responsible for reviewing therubydoor.com periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by The Ruby Door to these Terms. No modification to these Terms by any party other than The Ruby Door shall be valid or enforceable against The Ruby Door unless expressly agreed to by The Ruby Door in writing signed by an authorized officer of The Ruby Door with rank Vice President or higher.

3. Content

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on The Ruby Door, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. The Ruby Door may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on The Ruby Door in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by The Ruby Door or by third parties that have licensed their use to The Ruby Door. You may view and use the Content only for your personal information and for shopping and ordering through The Ruby Door, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, The Ruby Door does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through The Ruby Door, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by The Ruby Door, is strictly prohibited.

4. Links and Resources

The Ruby Door may provide, or third parties (including The Ruby Doors vendors) may provide, links to third party websites or other resources. Because The Ruby Door has no control over such websites and other resources, you acknowledge and agree that The Ruby Door is not responsible for the availability of such external sites or resources, and does not endorse, sponsor, approve nor is responsible or liable for any content, security, policies, practices, advertising, products, or other materials on or available from such sites or other resources. You further acknowledge and agree that The Ruby Door shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or other resource. Links to other sites or other resources are provided for your convenience only, and you access them at your own risk.

5. Orders Processing - Shipping and Handling Charges

All prices displayed on The Ruby Door are quoted in U.S. dollars. The Ruby Door may restrict delivery to addresses within the United States and Canada. The Ruby Door will add shipping and handling fees, which are calculated to cover both the estimated direct and indirect costs related to the shipping and handling of the products to a customer including but not limited to common carrier costs, packaging materials, handling labor costs, orders processing, returns processing and related general and administrative expenses and these costs may exceed The Ruby Doors actual costs. In addition, The Ruby Door will add any applicable sales/use tax. The Ruby Door reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on The Ruby Door without incurring any obligation to you. Products displayed through The Ruby Door are available while supplies last. Descriptions of, or references to, products or services through The Ruby Door do not imply endorsement of that product or service, or constitute a warranty, by The Ruby Door. The receipt by you of an order confirmation does not constitute The Ruby Doors acceptance of an order. Prior to The Ruby Doors acceptance of an order, verification of information may be required. The Ruby Door reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from The Ruby Door, for any reason. The Ruby Door reserves the right to limit the order quantity on any item and to refuse service to any customer for any reason (including excessive returns of The Ruby Door products as determined in The Ruby Door’s sole discretion) without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, The Ruby Door shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. The Ruby Door may, in its sole discretion, limit the dollar amount that any customer may order on Stretch Pay, on a cumulative or individual order basis. For Stretch Pay orders, a prepaid credit card may not be used. If your credit card has already been charged for the purchase and your order is canceled, The Ruby Door shall promptly notify your bank of issue to issue a credit to your credit card account in the appropriate amount.

6. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. Your shopping with The Ruby Door is at your sole risk. The service provided is "as is" and "as available". The Ruby Door expressly disclaims all warranties of any kind, whether express or implied, with respect to The Ruby Door or any linked resources, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement;
2. The Ruby Door makes no warranty that (i) The Ruby Door or the services it provides will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in software will be corrected;
3. The Ruby Door makes no representation or warranty with respect to any product or service sold. All products sold are solely subject to the applicable warranties and representations of their respective manufacturers;
4. Any material downloaded or otherwise obtained through The Ruby Door is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system of loss of data that results from the download of any such material;
5. The Ruby Door makes no warranty or representation that therubydoor.com or any linked site is free of computer viruses or other harmful components;
6. No advice or information, whether oral or written, obtained from The Ruby Door shall create any warranty or representation.

Note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusions of implied warranties.

7. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Ruby Door, ITS VENDORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS INTERRUPTION, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF The Ruby Door HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) YOUR SHOPPING WITH The Ruby Door; ii) THE USE OR THE INABILITY TO ACCESS OR USE The Ruby Door; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY CLAIM OR ACTION ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH The Ruby Door. IN NO EVENT SHALL The Ruby Door’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM OR (vi) ANY OTHER MATTER RELATING TO YOUR SHOPPING WITH The Ruby Door.

8. Termination

These Terms are effective until terminated by The Ruby Door. The Ruby Door may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access The Ruby Door, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. The Ruby Door shall have the right without notice and at any time to terminate The Ruby Door or any portion thereof, or any products or services offered through The Ruby Door, or to terminate any individuals right to access or use The Ruby Door or any portion thereof.

9. Infringement Policy

The Ruby Door, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your access and usage of therubydoor.com, if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. The Ruby Door accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), The Ruby Door has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is:

By mail: The Ruby Door
15 Charles Street, Suite 1
Boston, MA 02214

By E-mail: customerservice@therubydoor.com

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to our designated agent, listed above, and must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.
3. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

10. Indemnification

You agree to defend, indemnify, and hold harmless The Ruby Door and its subsidiaries, affiliates, directors, officers, agents and employees, The Ruby Door’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, demands, causes of action, losses, damages, liabilities, expenses and costs including but not limited to reasonable attorneys and expert fees as well as court costs, arising in law or equity, which may be asserted alleging or arising out of your breach of these Terms or your shopping with The Ruby Door. The foregoing indemnification obligation shall survive termination of these Terms, The Ruby Door and any product or service provided to you arising out of or relating to your shopping with The Ruby Door.

11. Submissions

Except as otherwise expressly provided herein or in The The Ruby Door Privacy Statement posted on therubydoor.com, any communication or material you transmit to The Ruby Door by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by The Ruby Door, The Ruby Door’s vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, The Ruby Door, The Ruby Door’s vendors, and their affiliates and related entities are free to use with no liability to you any ideas, concepts, know-how, or techniques contained in any communication you send to The Ruby Door for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.

12. Collections

If your account with The Ruby Door becomes delinquent, The Ruby Door may pursue collections efforts both internally and if necessary through an outside collections agency. You agree to be responsible for any costs that The Ruby Door incurs in collecting your delinquent account including but not limited to processing fees, interest, collection and attorney’s fees.

13. Entire Agreement/Modifications

This Agreement, together with any addenda hereto, constitutes the entire agreement of the parties with respect to the subject matter hereto and cancels and supersedes all previous or contemporaneous contracts, representations, warranties and understandings by, between or among the parties, written or oral, with respect to the subject matter hereof. This Agreement may not be changed, amended or modified orally, but only by a written instrument executed by the parties that states that it is an amendment or addendum to this Agreement. Modifications, amendments or other written consents must be signed by an officer of The Ruby Door with the title of Vice President or higher.

14. Waiver

A waiver of any term, covenant or condition in this Agreement shall not be deemed a waiver of any other term, covenant, or condition, and any waiver of any breach or default in or of any term, covenant, or condition shall not be deemed a waiver of a later breach or default thereof.

15. Descriptive Headings

The headings of the various sections herein are for convenience of reference only and shall not define, limit or otherwise affect any of the terms or provisions hereof.

16. Governing Law, Jurisdiction, and Venue

Shopping with The Ruby Door shall not be construed as The Ruby Door’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than Massachusetts. This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts. You agree that any conflict of law rule that might require reference to the laws of some jurisdiction other than Massachusetts shall be disregarded. You hereby agree for yourself and your properties that the courts sitting in Davidson County, Massachusetts, shall have sole and exclusive jurisdiction and venue over any matter arising out of this Agreement and hereby submit yourself and your property to the venue and jurisdiction of such courts.

17. NO JURY TRIAL

YOU WAIVE YOUR RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING WITH The Ruby Door.

18. Invalid Provision

If any provision of these Terms shall be determined to be invalid or unenforceable, the Terms shall be deemed amended to delete such provision or such provision shall be modified to the extent necessary to make it enforceable and the remainder of the Terms shall be enforceable.

19. Force Majeure

The Ruby Door shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.