PLEASE READ THIS DOCUMENT VERY CAREFULLY. IT CONTAINS IMPORTANT LEGAL INFORMATION RELATING TO YOUR PURCHASE OF RURO INC PRODUCTS AND SERVICES, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY ACCEPTING DELIVERY OF YOUR RURO PRODUCT OR SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT.
- Governing Law
- Price & Taxes
- Payment Terms
- Security Interest
- Returns & Exchanges
- Intellectual Property
- Limitation of Liability
- Resale & Export
This agreement (“Agreement”) contains terms and conditions applicable to your purchase of RURO, Inc. (“RURO”) products and services (“Product”). If you have any questions about this Agreement, please contact RURO at firstname.lastname@example.org.
2. Governing Law
ALL SALES THEREUNDER SHALL BE GOVERNED BY THE STATE OF DELAWARE, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS
3. Prices & Taxes
Prices are exclusive of all federal, state, local, or other government taxes, fees, or charges now in force or enacted in the future. Taxes will be indicated on the invoice; however, if any additional such tax, fee or charge is imposed by any governmental authority on, or measured by, the transaction between RURO and you, you will be responsible for such tax, fee or charge. In the event that RURO is required to pay any such tax, fee, or charge at the time of sale or thereafter, you will reimburse RURO therefor.
Any stated ship date is an approximation only. In the absence of specific shipping instructions, RURO will ship by the carrier of its choice. You agree to pay all transportation charges, whether billed by the carrier or RURO. Unless otherwise specified, the Product will be shipped in standard commercial packaging. Products may be shipped to destinations in the United States or Canada only. When special packaging is requested or, in the opinion of RURO, required under the circumstances, the cost of the same, if not set forth on the invoice, will be separately invoiced. RURO continuously upgrades and modifies its products and services to provide customers with new and improved products and services. RURO may modify or discontinue products or services at any time without prior notice to customers and discrepancies between the product you receive and the respective specification sheet may occur. However, in such a case RURO will ship Products that have substantially similar or better functionality and performance. All Products contain new or equivalent-to-new parts except as expressly stated otherwise
5. Payment Terms
Buyer agrees to make the payments set forth in the invoice for the Products. Unless otherwise agreed by RURO, payment must be received in full prior to acceptance of your order. For credit card payments, your credit card will be charged when your Product ships. An invoice not paid within terms is considered past due, and such invoices will be subject to a daily charge, compounded monthly, at the rate of either one and one-half percent (1.5%) per month or the highest legal interest rate, whichever is lower. Unless otherwise specifically agreed to by RURO, a stage payment will be invoiced by RURO for any remaining balance of total contract sum no later than 18 months after date of contract receipt by RURO.
6. Security Interest
RURO reserves a purchase money security interest in the Products sold and the proceeds thereof, in the amount of the purchase price. In the event of your default in any of your obligations to RURO, RURO will have the right to repossess the Product sold hereunder without liability to you. This security interest will be satisfied by payment in full. A copy of the invoice may be filed with appropriate authorities at any time as a financing statement and/or chattel mortgage. On request of RURO, you agree to execute financing statements and other instruments that RURO may request if needed to perfect RURO’s security interest.
7. Returns & Exchanges
All sales are final and the Products may not be returned or exchanged for any reason.
8. Intellectual Property
The Product is provided to you subject to the license agreement that is part of the package or shown during installation of the Product. You agree to be bound by any such license by opening the package or installing and/or using the Product. Any warranty related to such software shall be provided solely within such license agreement. RURO hereby retains for itself all other rights, title, and interest in and to all intellectual property in the Products sold and any products or software or other deliverable created during performance of the services, including without limitation, worldwide copyright, trade secret, patent, trademark, and any other proprietary rights.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE RURO INC SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RURO INC SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND RURO INC HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE RURO INC SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. RURO INC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE RURO INC SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE RURO INC SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE RURO INC SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE RURO INC SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RURO INC OR AN RURO INC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE RURO INC SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liabilities
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL RURO INC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE RURO INC SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF RURO INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall RURO Inc total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
11. Resale & Export
You agree that you are buying the Product for your own use, and not for resale. RURO has separate terms and conditions governing resale transactions. The Product is intended for use only within the United States or Canada. The Product may be subject to export laws and other regulations in the United States or other countries, and you agree to comply with all such laws, regulations, or requirements as may apply to your receipt, export, or use of the Product. You agree to indemnify RURO for any liability resulting from your failure to comply with applicable export laws, regulations, or requirements.