Terms and Conditions

Terms of Use

We are pleased that you have elected to visit and use this website, www.dtcconsortium.co (the “Website” or the “Site”), operated by, or on behalf of, a Ruby Has Thought Leadership Enterprise (“DTC Consortium”).

Please read these Terms of Use (“Terms of Use”) carefully and ensure you understand them. These Terms of Use, including all documents referenced herein, represent the entire understanding and agreement between DTC Consortium and you regarding your use of this Website and supersede any prior statements or representations. You are not authorized to use the Website if you do not agree to all or any of these Terms of Use.


Changes to the Terms of Use

From time to time, these Terms of Use may change. DTC Consortium reserves the right to modify these Terms of Use without prior individual notice. We will post changes to the Terms of Use on this Website and changes will become effective once posted.  Your continued access to or use of the Website will be deemed as acceptance by you of the then-current Terms of Use. Please review these Terms of Use often so that you will remain abreast of our current policies.

You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top.


Use of this Website

This Website is controlled and operated by DTC Consortium from its offices in the United States of America, and is intended for use solely within the United States, and its territories and possessions. You must be 18 years of age to use this Website. DTC makes no representation that this Website, or the materials contained hereon, are appropriate for users located in other countries. Those who choose to access this Website from other countries do so on their own initiative and are responsible for compliance with all laws in that country, if and to the extent that such laws are applicable.


Access to, distribution and/or use of this Website are subject to all applicable laws and regulations. To the extent that access to, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. Each time you visit any area on the Website, you are deemed to have confirmed your acceptance to these Terms of Use and the Rubyhas.com Website’s Privacy Policy [https://rubyhas.com/privacy-policy/]. If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use this Website.


By participating in the activities offered on this Site, you affirm, represent and warrant that: (a) you are 18 years of age or older and reside in the United States; (b) all information you submit via the Website shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms of Use; and (d) your use of the Website shall not otherwise violate any applicable law, rule or regulation.


DTC Consortium may terminate your right to access and/or use this Website at any time.


The DTC Consortium

The DTC Consortium is a group of leading DTC ecommerce enablement companies convening to further our shared industry and its opportunities and challenges. Membership in the DTC Consortium is free. DTC Consortium reserves the right to reject any individual’s or entity’s application for membership, in DTC Consortium’s sole and absolute discretion. The DTC Consortium may terminate your membership and any rights related thereto at any time, for any reason. By becoming a member of the DTC Consortium, you agree to receive marketing, informational and all other email correspondence and communications from the DTC Consortium and/or Ruby Has. You can opt out at any time from receiving future emails by checking the unsubscribe link at the bottom of each email.


Use of Materials

Materials on this Website, including but not limited to sound recordings, images, reports, trademarks, compilations, and graphics (collectively referred to as the "Materials"), are protected under various intellectual property laws and owned or controlled by DTC Consortium, or used with permission of the owner(s) of such Materials. The display of Materials at this Website does not imply that a license of any kind has been granted to you.


DTC Consortium hereby grants you permission to use the Website and the Materials as set forth in these Terms of Use, provided that:

  1. your use of the Website and Materials as permitted is solely for your personal, noncommercial use;

  2. you will not copy or distribute any part of the Website and Materials in any medium and you will not “frame” the Website or any Materials in any site you create or operate without DTC Consortium’s prior written authorization; you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website; and,

  3. you will otherwise comply with these Terms of Use and applicable laws.

Except as otherwise indicated on this Website, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Material, in whole or part, without the express permission of DTC Consortium, is prohibited. Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.


Privacy

Please see the Rubyhas.com Privacy Policy *[[https://rubyhas.com/privacy-policy/]]* for information concerning the collection and use of Personal Information from this Website.


Links

The Website may contain links to other websites and to social media sites and pages (collectively, “other sites”) that are not controlled and/or maintained by DTC Consortium. Access to and use of such other websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern other sites. By providing such links, DTC Consortium shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on other sites. DTC is not responsible for the content contained on other sites, or for the failure of any product or service offered for sale or advertised on any other sites or for any damages that may result therefrom. Copyrights in the materials or information on the linked other sites are owned and/or controlled by other organizations. Moreover, such other sites may have privacy policies or terms of use that differ from those of the Website and/or may provide their users with less security than the Website. Accordingly, you should review the privacy policies and terms of use on such other sites before using them.


Limitation of Liability and Use Disclaimer

DTC Consortium endeavors to make sure that all information and data it originates on the Website is accurate. However, DTC is not responsible for any damages or loss related to the use of this Website or the products and/or services provided through the Website.

THIS WEBSITE, ALL MATERIAL CONTAINED ON THIS WEBSITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. DTC CONSORTIUM RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES.

UNLESS PROHIBITED BY LAW, NEITHER DTC CONSORTIUM (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, SHALL BE LIABLE FOR ANY ALLEDGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, DTC CONSORTIUM MAKES NO GUARANTEES, WARRANTIES,REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF DTC CONSORTIUM’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE SITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.

DTC Consortium is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of the Rubyhas.com Privacy Policy.

Your Responsibilities

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or equipment.

Indemnity

Unless prohibited by law, you will indemnify DTC Consortium, and each of its parent, subsidiary and affiliated entities, furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use. You agree that your representations and warranties, and your obligation to indemnify DTC, shall survive beyond any term for which these Terms of Use are in effect.

Electronic Communications

When you communicate with DTC Consortium electronically, via email or otherwise, you consent to receive electronic communications from DTC. You may opt out of receiving electronic communications from DTC Consortium at any time. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by DTC Consortium satisfy any legal requirement that such communication be in writing. DTC Consortium encourages you to retain your own copies of relevant information; however, upon your written request, DTC Consortium will provide you with a copy of any information you have provided to DTC Consortium. To make such a request, please contact [info@rubyhas.com].

Acquisition of Business

In the event that DTC Consortium and/or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Website, all data collected on this Website, and all rights of DTC Consortium and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, DTC Consortium will post a notice to such effect on this Website.


Contact Us

If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please contact us at:


Mailing address: [5 Inez Drive, Bay Shore, NY, 11706]

           

Electronic Mail Address: [Email]


Copyright Infringement - Notice and Take-Down Policy

DTC Consortium values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, you should provide the following notice to DTC:


Mailing address: [5 Inez Drive, Bay Shore, NY, 11706]

Electronic Mail Address: [Email]


In your notice, you must include the following:

  1. a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;

  2. identification of the copyrighted work(s) that is (are) allegedly being infringed;

  3. identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow DTC to locate such materials;

  4. contact information (i.e., name, address, email address) sufficient to enable DTC to contact you;

  5. a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and

  6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.


U.S. Export Controls

Software and the products obtained through or related to this Website may be subject to United States export controls or the export controls of other countries from where you access the Site. No software or products may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. or other countries' export laws, as applicable. Downloading or using the software or products is at your sole risk.


Disputes and Governing Law

Use of this Website and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use. No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by DTC Consortium of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and DTC Consortium’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.

Except where prohibited by law, as a condition of your acceptance of these Terms of Use and/or accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.

The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court.  You understand that by accepting these Terms of Use, you are giving up your right to a trial in court, either with or without a jury.

To the fullest extent permitted at law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the site you waive all rights to claim punitive, incidental, consequential or any other damages (including multiplied and/or increased damages and/or attorneys' fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this Website and/or the Materials. Notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, to the fullest extent permitted at law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

Notwithstanding anything to the contrary set forth in these Terms of Use, DTC Consortium may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by DTC Consortium, in the event that DTC Consortium believes that there is a violation, or a threatened violation, of any of DTC Consortium's intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.

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