Terms of service
Rugged Terms and conditions
LAST REVISION: [24-October-2024]
Please read this terms of service agreement carefully. by using this website or ordering products from this website, you agree to be bound by all of the terms and conditions of this agreement.
This Terms of Service Agreement (the "Agreement") governs your use of this website, www.the-rugged.com (the "Website"), and Rugged ("Company") offer of products and services for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Rugged reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Rugged will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or a revised Agreement will constitute your acceptance of any such changes or revisions. Rugged encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Rugged for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
I. PRODUCTS AND SERVICES
Terms of Offer: This Website offers for sale certain products and services (the "Products") from various vendors (the "Vendors"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Modifications to the Service and Prices: Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Products or Services (if applicable): Certain products or Services may be available exclusively online through the Website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Vendor Responsibility: Vendors are solely responsible for the products and services they list on the Website. Rugged is not responsible for the quality, legality, or accuracy of the products and services offered by Vendors. Any disputes related to the products or services must be resolved directly between the buyer and the Vendor.
II. CUSTOMER SOLICITATION
Customer Solicitation: Unless you notify our third-party call center reps or direct Rugged sales reps, while they are calling you, of your desire to opt-out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Rugged and its designated in-house or third-party call team(s).
Opt-Out Procedure: We provide three easy ways to opt-out of future solicitations:
You may use the opt-out link found in any email solicitation that you receive.
You may also choose to opt out by sending a request to our customer care e-mail address at help@the-rugged.com.
You may send a written removal request to Rugged, Nisarga Nilaya, 2nd stage, 3rd cross, Ashoka Nagar, Shivamogga-577205.
III. PROPRIETARY RIGHTS
Proprietary Rights: Rugged and its Vendors have proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell, or redistribute any Product manufactured and/or distributed by Rugged or its Vendors. Rugged also has rights to all trademarks and specific layouts of this webpage, including calls to action, text placement, images, and other information.
Tax: If you purchase any Products, you will be responsible for paying any applicable taxes.
IV. WEBSITE USE
Content; Intellectual Property; Third-Party Links: In addition to making Products available, this Website also offers information and marketing materials. This Website may also offer information, both directly and through indirect links to third-party websites. Rugged does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that Rugged does create the content on this Website, such content is protected by intellectual property laws. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Rugged does not endorse the contents on any such third-party websites. Rugged is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Website Hosting: We host the Website on a third-party-provided server. Rugged will not be responsible for any data loss, website crash, or any other inconvenience caused while using the Website, which is not under our direct full control.
Use of Website: Rugged is not responsible for any damages resulting from the use of this Website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in the transmission of "spam," chain letters, junk mail, or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Rugged or the applicable third party if third-party content is at issue.
Posting: By posting, storing, or transmitting any content on the Website, you hereby grant Rugged a perpetual, worldwide, non-exclusive, royalty-free, assignable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Rugged does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Rugged is not liable for any damage or harm resulting from any posts by or interactions between users. Rugged reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Rugged deems objectionable, in its sole discretion.
V. DISCLAIMER OF WARRANTIES
Your use of this website and/or products are at your sole risk. The website and products are offered on an "As is" and "As available" basis. Rugged expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products.
Without limiting the generality of the foregoing, Rugged makes no warranty:
That the information provided on this website is accurate, reliable, complete, or timely.
The links to third-party websites are to information that is accurate, reliable, complete, or timely.
No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
As to the results that may be obtained from the use of the products or that defects in products will be corrected.
Regarding any products purchased or obtained through the website.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
VI. LIMITATION OF LIABILITY
Rugged's entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.
Rugged will not be liable for any direct, indirect, incidental, special, or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained, or transactions entered into through the website; or (4) any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
VII. INDEMNIFICATION
You will release, indemnify, defend, and hold harmless Rugged, and any of its Vendors, contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations, and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Rugged. When Rugged is threatened with suit or sued by a third party, Rugged may seek written assurances from you concerning your promise to indemnify Rugged; your failure to provide such assurances may be considered by Rugged to be a material breach of this Agreement. Rugged will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Rugged's choice at its expense. Rugged will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Rugged against any claim, but you must receive Rugged's prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VIII. PRIVACY
Rugged believes strongly in protecting user privacy and providing you with notice of Rugged use of data. Please refer to Rugged's privacy policy, incorporated by reference herein, that is posted on the Website.
IX. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
X. GENERAL
Force Majeure: Rugged will not be deemed in breach of this Agreement for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including, but not limited to, natural disasters, government regulations, war, terrorism, labor disputes, and supply shortages.
Governing Law: This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of Nisarga Nilaya, 2nd stage, 3rd cross, Ashoka Nagar, Shivamogga-577205, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Dispute Resolution: Any disputes arising out of or related to these Terms of Service or the use of the Website will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA) applicable to consumer disputes. You agree that any dispute arising out of or relating to this Agreement, including its breach, will be settled by binding arbitration before a single arbitrator in the State of [Your State], in accordance with the Commercial Arbitration Rules of the AAA then in effect. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Severability: If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
No Waiver: The failure of Rugged to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
Headings: The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
Entire Agreement: These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitute the entire agreement and understanding between you and Rugged and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
If you have any questions regarding these Terms of Service, please contact us at help@the-rugged.com.
