Terms of service

TERMS OF SERVÄ°CE

  1. Preamble

These Terms of Service (the “Terms”) set forth legally binding terms and conditions that govern your access to and use of website under the domain name of https://www.justrug.com/ (“the “Website”).

The Website, and the services and materials offered thereon as well as any other media, form, channel, website or mobile application related, linked, or otherwise connected thereto. The Website is owned, operated, and distributed by Akkaya LLC, a limited liability company incorporated and validly operating in the United States of America and having the registered address of 112 capitol trail Suite A754 Newark DE 19711 (hereinafter referred to as the "Company", “we”, and through similar words such as “us”, “our”, etc.).

Through the Website and other media managed by the Company, the Company provides an online retail store which enables end users (each, a “User”, “you” or “your”) to purchase products, add products to wish list, ask a product through the channels provided on the Website including interactive customer support chat and share a comment/review or concern regarding a product or service (hereinafter referred to as the “Service” separately and the “Services” collectively).

These Terms are entered into by and between you and the Company, together with the Privacy Policy and any other documents expressly incorporated by reference, in order to govern your access to and use of the Website, as well as any content or functionality of the Services.

By accessing, using, signing up the Website, purchasing products, sharing a review, you acknowledge that you have read, understood, and agreed to be bound and abide by the provisions set forth in these Terms. In case of not accepting these Terms (or any part thereof) or the Privacy Policy, you shall cease your access and/or use of the Website and -if applicable- delete your account on the Website immediately.  

The Company is fully committed to protecting our Users’ and others’ privacy and security and addressing their concerns. You may read our Privacy Policy to learn about how we are handling your personal data, in greater detail.

  1. Changes to the Terms

We reserve the right to update and modify these Terms by providing Users with notice of updates and modifications. If you do not agree with the change(s) of these Terms, you may terminate these Terms immediately by discontinuing your access or use of the Website and -if applicable- deleting the account on

the Website. If you continue to access or use the Website after the update, we will consider you as accepted the amended Terms.

These Terms shall also apply, including without limitation to any new functions, features, or tools added to the Website.

The up-to-date version of these Terms can be accessed here at any time. It is in your best interest to regularly check the Terms for any updates, modifications, or amendments that might affect you.

  1. Definitions

Within the context of herein Terms, following terms shall bear the meanings ascribed to them below:

User

A natural person who may access and use the Services on the Website by accepting these Terms when it is required to continue using the Services

Force Majeure Event

Floods, earthquakes, or other comparable elements of nature or acts of God, wars, civil disorders, or revolutions in any country affecting the operations of the Company, or any other event beyond the reasonable control of the non-performing party including without limitation failures of the internet or any public telecommunication network, denial of service attacks, viruses, or other malicious software attacks, given that the default or delay could not have been avoided or prevented

Intellectual Property Rights

All registered or unregistered, registerable, or un-registrable intellectual property rights in whole or in part, anywhere in the world, and including without limitation copyrights, trade secrets, know-how, business names, trademarks, service marks, and patents

Visitor

Any person who accesses the Website and is not a User

 

  1. Customer Accounts

Account Creation

Your access to and use of the Website and the Services is not contingent on signing up for an account, however by creating an account, you will be able to move through the checkout process faster, store multiple shipping addresses, view and track your orders in your account.

In order to sign up you will be requested to provide your name, surname, email address and a password (collectively, the “Registration Data”). Following the registration stage, you will be required to verify your email address.

The Company may, from time to time, modify or add new items to the Registration Data information fields required to create an account (whilst updating the Privacy Policy accordingly), and you agree to promptly complete any such additional or modified information fields when and as requested by the Company. The registration to and using the Website itself is free of charge.

Unless you are at least 18 years of age, you should not create an account or use the Website and Services. Children under the age of majority (mostly under 13) (a “Minor”) may not use the Website, the Services, or register for an account. If you are a parent or a legal guardian allowing a Minor accessing or using the Website or the Service and/or registering with the Website, you hereby agree to (i) oversee the Minor’s use of the Website and their account; (ii) assume all hazards and liabilities arising from use of the Website by the Minor and their account; (iii) ensure that the content on the Website is appropriate for the Minor; (iv) ensure that all information submitted by the Minor to us is accurate; and (v) provide the consents, representations, and warranties contained in these Terms on behalf of the Minor.

Your account may be terminated and deleted without warning if we believe that you are a Minor, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

Account Responsibilities

You agree to create only 1 (one) unique account and be the sole authorized user of your account, keep your account accurate, complete, and with up-to-date information. Your failure to keep your account data accurate, complete, and up to date may lead to your inability to access to and your use of the Services or the Website or your accounts’ termination by us. Therefore, you must either make necessary changes on the account or inform us immediately of any changes on your information by emailing us.

If you provide any information that is untrue or inaccurate, not current, or incomplete, or if the Company suspects that your information is untrue or inaccurate, not current, or incomplete, the Company may, in its sole discretion, suspend or terminate your account and refuse your current or future access to any Service.

By registering, the Users agree to be liable for all activities that take place under their accounts and agree to always keep the safety and privacy of the login credentials. As a User, if you become conscious of or reasonably suspect any violation of safety, including without limitation any loss, theft, or unlawful disclosure or use of your account, you must promptly notify us. If we suspect that there is likely to be a breach of security or misuse of the Website or the Service, or violation of any obligation under these Terms, we may suspend or terminate your account and your use of the Service and the Website. Such termination or suspension may be immediate and without notice.

If you are signing up for the Service on behalf of any other person, then you represent and warrant that you have the right, authority, and capacity to enter these Terms on behalf of the entity that you represent.

You also agree to ensure that you exit from your account at the end of each session. You should be cautious when accessing your account from a public or shared computer so that others are not able to view or record your e-mail, password or other personal information. We have the right to disable any password, or other identifiers, whether chosen by you or provided by us, at any time, including if, in our opinion, you have violated any provision of these Terms.

The Company cannot and will not be held responsible for any loss or harm caused by your inability to maintain safety of your account and password. Thus, the Company is not responsible for any loss or damage as a result of someone else using your account, the Registration Data, with or without your knowledge.

IF YOU VIOLATE ANY PROVISION OF THESE TERMS, YOU HEREBY ACKNOWLEDGE AND ACCEPT THAT THE COMPANY MAY TERMINATE OR SUSPEND YOUR ACCOUNT AT ITS SOLE DISCRETION. IN SUCH CASE, YOU HEREBY DISCLAIM AND HOLD THE COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY RESULTING FROM SUCH TERMINATION OR SUSPENSION AND ACCEPT NOT TO HOLD THE COMPANY RESPONSIBLE FOR ANY CLAIMS FOR COMPENSATION, DAMAGE, OR REIMBURSEMENT IN THIS REGARD.

5.       Using the Website and the Services without a Customer Account

You are not required to sign up for an account in order to purchase products or use the Website and the Services. However, in order to provide you with certain Services and features you will be requested to provide certain information and accept these Terms accordingly.

6.       Shipping and Refunds

For information about our shipping and other delivery options and policies, please visit our Shipping Policy page.

For information about our refunds and exchange options and policies, please visit our Refund Policy page.

You will receive a shipping confirmation email once your order have shipped.

7.       Merchandise Availability

In most cases, when a product displayed on our Website is no longer available, either the product will not appear on the Website at all, or a message indicating the product is Out of Stock will appear on the product detail page. In some cases, however, due to inventory fluctuation, products that appear to be available when you place your order may, in fact, be out of stock. If this happens, we will notify you via email as quickly as possible that your order cannot be fulfilled. That product will be cancelled, and you will not be charged for that product. You can always verify availability by reaching out to our customer service through any channels dedicated fur such use.

8.       Product Information

The prices displayed on the Website are quoted in U.S. dollars, unless otherwise indicated.

Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor or mobile device and may not be accurate. Additionally, from time to time there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. As a result, we do not guarantee the accuracy or completeness of any information on the Website, including prices, product images, specifications, and/or availability. JustRug reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away.

9.       Shopping Cart and Wish List

Items in your shopping cart and wish list reflect the current price displayed on the item's product details page. Please note: this price may differ from the price displayed when the item was first placed in your shopping cart or wishlist.

Our merchandise is offered for sale by JustRug for your personal enjoyment and not for resale. Therefore, we reserve the right to limit quantities and refuse to sell to any person who we believe may be purchasing for resale.

10.   Purchasing and Transactions

Any steps taken from choosing an item to order to submission form part of the purchasing process. The purchasing process includes, (I) order submission, and (ii) payment transaction.

The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page. In case the purchased item requires active input from the User, such as the provision of personal information or data the order submission creates an obligation for the User to cooperate accordingly. Upon submission of the order, Users will receive a receipt confirming that the order has been received. All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes. Users are informed during the payment process and before the order submission, about any fees, taxes, and costs that they will be charged.

All fees are stated and payable in United States dollars, and unless stated otherwise are exclusive of any customs, taxes, or charges. The purchase price is the price included in the information e-mail sent to the User and in the invoice content if applicable, although it is included in the product page. This price includes fees, taxes, and delivery costs. Discounts, coupons, and other applications that may be applied by JustRug are reflected to fees.

We reserve the right to refuse or cancel any order you place on the Website, including for pricing errors. We reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We reserve the right to, in our sole discretion, prohibit purchases of any products to resellers, dealers, and distributors.

If you wish to purchase any product made available through the Website, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the transactions initiated by you or on your behalf.

You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the prices in effect when such charges are incurred including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you make to the payment method specified at the time. In addition, you remain responsible for any taxes that may be applicable to your transactions. You authorize us to charge all applicable amounts for the orders that you make to the payment method specified at the time of purchase.

11.   Website Contents

The visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code, materials, and content of the Website, the Website as a whole, and all other elements of the Website (collectively, the "Website Content") are protected by copyright, trademark, trade dress, patent, or other intellectual property rights. All Website Contents are owned, controlled, or licensed by JustRug or its subsidiaries and affiliates. Any use of the Website Content without JustRug's express written consent is strictly prohibited. JustRug reserves all rights to the Website Content not granted expressly in these Terms. Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

License to Website Content

We grant you a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Website, the Services, and contents therein solely as provided under these Terms, and not for redistribution of any kind (the “License”). This License does not include any resale of (i) the Website, Service, or contents thereof, (ii) any Registration Data, (iii) any other content, material, information, text, data, copyright, trademark, logo, design, insignia, image, photo, music, screenshot, video, chat, post, identifying mark, page, software, and other original works of authorship, and/or intellectual property uploaded to, or incorporated into, the Website and the Services which are and will remain the sole and exclusive property of the Company.

-

The Company may revoke the License at any time for any reason or no reason and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.

Violation of the License hereunder or this provision may result in infringement of Intellectual Property Rights and contractual rights of the Company, Users or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.

All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Website are the property of their respective owners. Reference to any product, service, process, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by the Company.

Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to Intellectual Property Rights, whether by estoppel, implication, or otherwise. You represent and warrant that your use of the Website, Services and the Website Contents will remain consistent with these Terms and will not infringe or violate the rights of any other party or breach any contract or legal duty against any other party or violate any applicable law. In order to request permission for using the Website Contents, you may contact the Company through the channels dedicated for such use.

12.   Reviews, Feedback & Other Submissions

We welcome your comments, reviews and feedback regarding our Website, products and Services. We do not, however, accept confidential, proprietary information or special category of personal data. Accordingly, all comments, feedback, suggestions, materials, information, and other submissions disclosed, submitted or offered to JustRug using the Website or otherwise (collectively, the "Comments") are not confidential.

License to Comments

You hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free right to exploit the Comments in any manner and for any purpose, including to improve the Website, products, the Services and create other products and services.

13.   User Content

Certain features of the Website (including contact form, interactive customer support chat etc.) may permit users to upload, submit, and post content, including messages, reviews, photos, video, images, folders, data, text, and other types of works (the "User Content") and to publish User Content on the Website. JustRug uses a variety of third-party social media websites, communication services, and media channels such as Facebook, Pinterest, and Instagram, interactive customer service chat (collectively, "Media Assets") to communicate and interact with our customers. Any content or materials submitted or posted to these Media Assets will be considered as User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Website or Media Assets. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Website.

JustRug does not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted on forums, blogs or otherwise contained on the Website and expressly disclaims any and all liability in connection with User Content submissions. JustRug disclaims any and all liability in connection with User Content, and you agree that JustRug and its third-party service providers are not responsible, and shall have no liability to you, with respect to any User Content.

By providing User Content via the Website or other Media Assets, you affirm, represent, and warrant that:

  • you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize JustRug and users of the Website to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms, in the manner contemplated by JustRug, the Website, and these Terms;
  • your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause JustRug to violate any law or regulation or otherwise cause liability for JustRug; and
  • your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

License to User Content

By posting, displaying, uploading, or providing User Content to or via the Website or Media Assets, you hereby grant JustRug a perpetual, irrevocable, royalty-free, sublicensable, worldwide license to use,  copy, distribute, reproduce, modify, adapt, publish, translate, transmit, disclose, publicly perform, and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.

14.   Sole Discretion to Edit or Screen User Content

JustRug does not and cannot review or screen all User Content and is not in any manner responsible for the content of User Content. You acknowledge that by providing you with the ability to view and distribute User Content on the Website, JustRug is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. JustRug reserves the right, but undertakes no duty, to at any time and without prior notice review, screen, remove, edit, move, delete, or block any User Content, in its sole discretion, without notice. If at any time JustRug chooses, in its sole discretion, to monitor the Website, JustRug nonetheless assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content.

  1. Limitations on Use of the Website

You are solely responsible for your all interactions with the Company or the Website on or through the Website or Media Assets. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us.

While using the Website or the Services, you may not:

  • defame, abuse, harass, stalk, threaten, or otherwise violate legal rights (g., rights of privacy and publicity) of the Company, or use information learned from the Website or Website Content to defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate legal rights of the Company or any other person;
  • breach any international, federal, or local legislation, regulation, rule, or ordinance;
  • contact the Company to share an information that is defamatory, profane, infringing, obscene, unlawful, offensive, and/or harmful, or that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals;
  • use the Website, Media Assets or any Services other than for their intended purpose and/or for any purpose in violation of applicable local, state, federal, or international law;
  • advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Site to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  • submit any content linking to multilevel marketing schemes, pyramid schemes, or off-topic content;
  • post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or any other personally identifiable or private information from any user;
  • spam, phish, pharm, pretext, bot, crawl, or scrape the Website for any scandalous, obscene or immoral purpose;
  • interfere with or circumvent the safety measures of the Website or the Services;
  • attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Website or the Services;
  • restrict or inhibit any other User from accessing and using the Website and/or any Services;
  • use a robot, spider, manual, and/or automatic process, or device to data-mine, data-crawl, scrape, or index the Website in any manner;
  • hack or interfere with the Website, its servers, or any connected networks;
  • adapt, alter, license, sublicense, or translate the Website or the Website Content for your own personal or commercial use;
  • modify or otherwise make derivative works of the Website Content, or reproduce, distribute, or display the Website Content except as expressly permitted under these Terms;
  • use the Website, Media Assets or the Services to collect Registration Data of other Users by electronic or other manipulative means as well as use the Website to harvest, collect, scrape, gather, or assemble information or data regarding other Users, including email addresses, without their consent;
  • remove or modify, visually or otherwise, any copyright, trademarks, or other proprietary marks and rights owned by the Company;
  • use the Website in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining the Company’s trade secrets for public disclosure or other purposes;
  • use, transfer, distribute, or dispose of the Website or the Website Content in any manner that could compete with the business of the Company; or
  • advocate, encourage, or assist any third party to engage in the foregoing restricted activities.

 

Any use of the Website, Media Assets or the Website Content by violating the principles listed above without the prior written permission of the Company is strictly prohibited and will terminate these Terms, the License to Website Content and your access to the Website automatically. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and the Company will take appropriate investigative and legal action for such illegal or unauthorized use.

You are required to inform the Company immediately in case anyone makes or threatens to make a legal claim against you relating to your use of the Services and/or the Website. If we request, you shall confirm such claim in writing and cease to access or use the Website. In such case, we reserve the right to forward details to the appropriate regulatory authorities, as well as the courts if we are asked to do so.

16.   Communications

By providing the Company with your email address and using the Website, you affirmatively consent to use of your email address for notifications from the Company regarding important announcements and other administrative communications related to your use of the Website. We may perform certain marketing and other advertising activities of the Company and third-party advertising partners, as more fully set forth in our Privacy Policy pursuant to your prior explicit consent. You will be able to opt-out receipt of certain emails and notifications by following the instructions described in our Privacy Policy; however, if you do not wish to receive certain service and other administrative notifications related to the Website, your only way to opt out of such messages is to cease using the Website and delete your account.

The Company reserves the right to contact you through the email provided for email marketing (informing you regarding benefits of creating an account and recent campaigns, e-catalogue, letting you know the upcoming products, etc.) upon your explicit consent and other related consent pursuant to the Data Protection and Privacy section of these Terms and the Privacy Policy.

In this regard, the Company may send any communication through the email address or any contact information you provided through the Website and such communication shall be deemed to be received by you on transmission time, unless we receive notice that such contact information is invalid in which case, we may delete your account immediately and without a prior notice.

You may contact the Company and share your questions, complaints and/or concerns about the Website or the Services, through info@justrug.com or any other channel dedicated for such use.

The Company disclaims all liability for any communication directed to you from any third party directly or indirectly in connection with the Website, Media Assets (the “Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. The Company assumes no responsibility for verifying and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any Third-Party Communications.

By using the Website, you expressly relieve and hold the Company harmless from any and all liability arising from Third-Party Communications, including any loss or damage incurred as a result of any dealing between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.

Without prejudice to the section titled “Data Protection and Privacy”, the foregoing clause herein is applicable to the extent permitted by the multinational compliance regulations including but not limited to United States Privacy Law, the General Data Protection Regulation (the “GDPR”) brought by the European Union, the California Consumer Privacy Act (the “CCPA”) for Users subject to such relevant legislation.

  1. Access to the Website and Availability of the Services

Saving the exceptions herein, the User shall have unlimited access to the Website and the Services subject to the fulfillment of the User’s obligations under these Terms. The Company reserves the right to withdraw, amend or otherwise alter the functions of the Website, and any Service, material or content we provide through the Website, at our sole discretion and without any notice.

The Company shall make commercially acceptable attempts to guarantee the accessibility of the Website and the Services during maintenance of or introduction of new services to the Website, except that the Company shall not be liable for, (i) planned downtime, or (ii) any unavailability precipitated directly or indirectly by conditions beyond the Company’s realistic control including a Force Majeure Event or any violation of these Terms by any User.

 

  1. Data Protection and Privacy

The Company hereby represents and warrants compliance with all relevant legislations, rules, regulations, directives, and guidelines on the compilation, use, and disclosure of information and data gathered from or about the Users relevant to access or use of the Website or the Services (jointly, the “Rules”).

The Rules include without limitation (i) United States federal and relevant state laws with regards to data collection and data privacy including California Customer Privacy Act (“CCPA”); and (ii) if applicable, the Data Protection Directive and the General Data Protection Regulation (“GDPR”) brought by the European Union, or any other Rules of another jurisdiction or rules, laws or any other part of the legislation issued by the relevant data protection authorities, and any amendments and changes thereof or laws as may be repealed or succeeded.

Any personal information that you provide to JustRug is subject to our Privacy Policy. Please review the Privacy Policy for more information about how we collect and use personal information.

  1. Representations and Warranties

Each party hereby represents and warrants to the other Party that, (i) such party has the necessary power and authority to be bound by these Terms;  (ii) compliance with these Terms and fulfillment of the obligations hereunder do not and will not, to the best of each party’s knowledge, violate  any other agreement to which it is a party;  (iii) no other restriction, limitation or contractual or statutory obligation exists preventing a party from fulfilling its obligations hereunder; and (iv) these Terms constitute a legal, valid and binding obligation when agreed upon by both parties.

The Company hereby represents and warrants to the User that, (i) it will have all necessary rights, licenses, know-how, expertise, and experience needed to operate the Website and provide the Services hereunder; (ii) is the sole proprietor of the Website and the Intellectual Property Rights (to the extent permitted in these Terms) on the Website and has all legal rights, licenses, and authority to provide the User with the Website or the Services as stipulated herein; (iii) the Website and the Services shall also comply with all relevant legislations and regulations when used by the User in accordance with these Terms.

The User represents and warrants that (i) all Registration Data and any other information User submits to the Website or shares with Company (if any) is true, accurate, current, and complete, (ii) User is the sole owner of all rights, titles, and interests in, or have obtained all necessary rights and licenses from the applicable owner of, any information User submits to the Website or shares with Company (if any), and (iii) such information, when used for the purposes in which it is submitted onto Company, does not  infringe the rights of any third party, including without limitation, Intellectual Property Rights, proprietary rights and rights of publicity/privacy. The User also acknowledges and agrees that s/he will be solely responsible for all Registration Data and other information that User submits on or through the Website and the Company or shares with the Company (if any) and will use the Website solely for the permitted purposes as defined by these Terms and shall not interfere with the integrity or performance of the Website or the Services as articulated by the section of Limitations on Use of the Website.

  1. Disclaimer of Warranties

The Services and the Website (and any part thereof), including without limitation any content, data, and any information related thereto, are provided strictly on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express, implied, or statutory. The Company makes no representation concerning the benefits or outcomes obtained from the Website and/or the Services by the User or any third party. JUSTRUG DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

The Website or the Services may become inaccessible, or it may not function properly with Users’ web browser, mobile device, and/or operating system. The Company cannot be held liable for any perceived or actual damages arising from content, operation, use of or inability to use the Website or the Services. ALTHOUGH JUSTRUG ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS WEBSITE.  

United States federal law, some states, and other jurisdictions may not allow exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users, falling within the scope of such jurisdiction’s competence. These Terms grant Users specific legal rights, and Users may have other rights which vary from state to state. The disclaimers and exclusions under these Terms shall not apply to the extent prohibited by applicable laws.

  1. Limitation of Liability

If the Company’s performance of its obligations under these Terms is prevented or delayed by any act or omission of User or any third party, the Company shall not be deemed in breach of its obligations under these Terms.

In no event will the Company, it’s developers, affiliates or their licensors, service providers, employees, agents, officers or directors be liable for defects or damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the Website, any Service or any other websites linked to it and any content on the Website (including the Website Content) or such other websites including any direct, indirect, special, incidental, consequential or punitive damages, and also including but not limited to, personal injury, pain and suffering, emotional distress, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

JUSTRUG IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY MATERIALS ON THE WEBSITE, OR WITH ANY OF JUSTRUG'S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

This Limitation of Liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or whatsoever, even if the Company has been advised of the possibility of such damage.

Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages; therefore, above limitations or exclusions may not apply to User falling within the scope of such jurisdictions’ competence. These Terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms shall not apply to the extent prohibited by applicable law.

  1. Indemnification

The User shall defend, indemnify, and hold harmless the Company and its affiliates, co-branders, partners, shareholders, employees, agents, representatives, and/or independent contractors from and against all costs, damages, and losses, including legal expenses resulting from any claim by third parties that (i) User’s use of the Website, the Website Content or other material infringement of any rights of the third parties, including without limitation, breach or violation of the Intellectual Property Rights or privacy rights of such third parties; (ii) the information shared with the Company or submitted via the Website by User through the Website or via other the channels dedicated for such use is obscene, defamatory, illegal, unethical, or promotes illegal conduct; (iii) the User has not obtained and/or failed to obtain any necessary permit, license or consent in accordance with these Terms; and (iv) the User breaches (de facto or presumably) any of its representations, warranties, and/or responsibilities under these Terms.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

  1. Unlawful Activity and Termination of Access to the Website

The Company reserves the right to investigate complaints or reported violations of these Terms and to take any action it deems appropriate, including without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ e-mail addresses, usage history, IP addresses, and traffic information.

The Company may terminate these Terms immediately in its sole discretion and without any prior notice or liability against you, or suspend or terminate your use of, or access to the Website, or delete your account on the Website, at any time for any reason and under any conditions, including without limitation, if it is reasonably believed in good faith that you have violated or acted inconsistently with these Terms or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable.

The Company may terminate your account (or any part thereof), your password, or use of the Website, or remove and discard any information stored, sent, or received via the Website and Media Assets without prior notice and for any reason, including but not limited to; (i) concurrent access to the Website with identical login credentials, (ii) permitting another person or entity to use your login credentials to access the Website or the Services, (iii) any other access or use of the Website or Services except as expressly provided in these Terms, (iv) any violation of the terms and conditions of these Terms or the rules and regulations relating to the use of, software and/or data files contained in, or accessed through, the Website, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Website.

In case you violate any provision of these Terms, you accept, declare, and undertake that the Company may terminate or suspend your account and/or access to the Website at its sole discretion. In such case, you hereby disclaim and hold the Company harmless from and against any and all liability resulting from such termination or suspension and accept not to hold the Company responsible for any claims for compensation, damage, or reimbursement in this regard.

The User may terminate these Terms at any time by ceasing to access or use the Website and/or delete your account. However, sections of these Terms which by their nature should survive the expiration or termination will remain in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms, as stipulated in the section of “Following Termination”.

  1. Following Termination

Upon expiry or termination of these Terms for any reason, all rights of the User and any Services shall be terminated instantly.

The following clauses shall survive expiry or termination of these Terms “Definitions”, “Disclaimer of Warranties”, “Limitation of Liability”, “Indemnification”, “Unlawful Activity and Termination of Access to the Website”, “Following Termination”, “Governing Law”, “Severability” and “Miscellaneous Provisions”, and all commitments of both Parties under these Terms shall cease to be fulfilled.

  1. Governing Law

These Terms and all materials resulting directly or indirectly therefrom shall be governed and construed in compliance with the legislation of the State of Delaware, regardless of conflict of laws rules, relevant to agreements to be executed completely within the United States.

Each Party permanently submits to the exclusive jurisdiction of the State and Federal Courts in Delaware for all such issues and waives any opposition to such judiciary from an authority, location, or inconvenient forum. In any proceedings, the prevailing party shall be allowed to recover from the other party reasonable fees for its attorneys or any other compensation with similar nature.

  1. Severability

If any part of these Terms is found to be unlawful, void, or otherwise unenforceable, such unlawfulness, invalidity or unenforceability shall extend to such clause only. The unlawfulness, invalidity, or unenforceability of such a clause shall in no way influence or render any other part of these Terms, unlawful, void, or otherwise unenforceable, and generally, shall be reformed, construed, and implemented in such a way that reflects intent of the Parties as conveyed in these Terms with its nearest lawful effect.

In any jurisdiction, the fact that any provision of these Terms is held to be unlawful, void, or otherwise unenforceable, shall have no effect on the legality, validity, or enforceability of such provision in other jurisdictions.

  1. Miscellaneous Provisions

Headings

The headings used in these Terms are for reference reasons only and do not influence understanding and interpretation of these Terms.

Waiver

The Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such or other right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service Interruption

In order to ensure the utmost possible service level, the Company reserves the right to interrupt the Website for maintenance, system update or any other change, through informing the Users appropriately.

We will not be liable for any reason if all or any part of the Website and/or the Services is unavailable at any time or for any period. From time to time, we may restrict or suspend access to some or all parts of the Website to the Users.

Within the limits of relevant legislation, the Company may also decide to suspend or terminate the Services altogether. If the Services are terminated, the Company will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Website or any Service might not be available due to reasons outside the Company’s reasonable control, such as “Force Majeure”.

Remedies Not Exclusive

Except as expressly stated herein, no remedy is designed to be excluded from any other remedy that is not available under these Terms or in law or in equity.

Non-Exclusivity

These Terms are not exclusive.

No Strict Construction

Where an ambiguity or issue occurs with regards to any clause of these Terms, the Terms shall be construed as if collectively approved by the Parties and no presumption or burden of proof shall occur to favor or disadvantage of either Party by virtue of the authorship on these Terms.

Assignment

Without prior written approval of the Company, these Terms or any rights or obligations conferred thereunder may not be transferred and delegated by the Users. Any attempt to grant, without such approval, any rights or responsibilities arising from these Terms shall be null and void ab initio.

The Company reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, by taking the Users’ legitimate interests into account. Provisions regarding change of these Terms shall apply accordingly.

Entire Agreement

These Terms constitute the entire agreement between the parties on the subject matter of the Terms and supersede any and all prior written or oral agreements and/or communications relating to the subject matter thereunder.

Force Majeure

None of the parties shall be responsible for any error or delay in fulfilling any of their corresponding obligations arising from these Terms, if a Force Majeure Event prevents them from doing so.

Third-Party Services

The Website may include embedded third-party content or links (such as hyperlinks) to third party sites, apps, resources, contents or services that are not owned or controlled by the Company (collectively, “Third-Party Services”).

When you access Third-Party Services, you do so at your own risk. Third-Party Services are not under our control, and you acknowledge that the Company is not responsible or liable for the content, function, accuracy, legality, appropriateness, or any other aspect of Third-Party Services. If you believe any Third-Party Services violate applicable law or may be inappropriate, please notify the Company. The inclusion of any Third-Party Services does not imply any association between the Company and their operators.

By using the Website and Services thereof, you expressly relieve and hold the Company harmless from any and all liability arising from your use of any Third-Party Services, including any loss or damage incurred as a result of any dealing between you and any third parties, or as a result of the presence of such Third-Party Services on the Website or failure of such Third-Party Services to function as intended. It is your responsibility to evaluate content and usefulness of the information obtained from third parties.

When you are connected to or otherwise accessing to a Third-Party Service, you agree that you are responsible for the following: (i) taking necessary measures to protect you and your computer systems from viruses, worms, trojans, malicious code, and other harmful effects; (ii) downloading, using or purchasing any material that is sexually explicit, immoral, offensive or otherwise objectionable or unlawful, or that contains technical inaccuracies, typographical errors, or other errors; (iii) downloading, using or purchasing any material that violates confidentiality or proprietary rights  of third parties and other proprietary rights, or that is subject to additional terms and conditions specified or unspecified; (iv) any financial costs or other liabilities against third parties arising from your actions or other activities; (v)  reading and understanding terms of use and privacy policies applicable to Third-Party Services.

Interpretation

Unless the context requires otherwise, (i) the singular includes the plural and vice versa; (ii) if any act which shall be performed in accordance with these Terms is to be done on a day that is not a business day then the act must be performed on or before the next business day; (iii) a reference to any legislation or law includes all amendments, consolidations or other provisions thereof, (iv) a reference to a natural person shall mean including without limitation a partnership, joint venture, association, government or legal body or legal entity and vice versa shall be interpreted herein.

Independent Legal Advice

User recognizes and accepts that it has had the chance to read these Terms, agrees with its provisions, and has been given a chance to seek independent legal advice on the Terms’ provisions before acknowledging them.

  1. Contact Information

If you have any questions or complaints about these Terms, please contact us through info@justrug.com.