Last updated November 6, 2023

Ruby Ribbon, Inc. (referred to herein as “Ruby Ribbon” or “Company”) is committed to respecting the privacy rights of those visiting our websites, including our Stylists’ Replicated Websites (hereafter collectively referred to as the “Sites”). Ruby Ribbon created this Privacy Policy (the “Policy”) to give you confidence as you visit and use the Sites, and to demonstrate its commitment to fair information practices and to the protection of privacy.

This Privacy Policy is only applicable to the Sites and not to any Third-Party websites, which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy.

The purpose of this Policy is to inform users about our collection, use, distribution, and protection of information collected from users (“Users”) of the Sites, including but not limited to the website www.rubyribbon.com. The Sites are owned and operated by Ruby Ribbon, Inc. Please read this Policy carefully before using the Sites. This Policy applies to information we collect about you through the Sites and when you otherwise communicate with Ruby Ribbon. This Policy supplements and forms a part of the Ruby Ribbon Terms of Use.

BY ACCESSING THE SITES, PURCHASING RUBY RIBBON PRODUCTS, AND COMMUNICATING OR OTHERWISE INTERACTING WITH US, YOU ARE ACCEPTING AND CONSENTING TO THE INFORMATION PRACTICES DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE THIS SITE OR ITS CONTENTS.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. You may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at support@rubyribbon.com or by mailing us at: Ruby Ribbon, Inc., 4607 Lakeview Canyon Road, Suite 405, Westlake Village, CA 91361

In this Policy, "Personal Information" means information that personally identifies or can be associated with you, such as your name, email address, shipping and billing address, phone number or credit card number, and "Non-Personal Information" means information that relates to you but does not directly identify you. "Information" is collectively used herein to refer to both Personal Information and Non-Personal Information. This Privacy Policy does not apply to any third parties or any websites that might be linked to our Sites or products.

Ruby Ribbon may keep track of the websites and pages our users visit on the Sites, in order to determine what Ruby Ribbon services are the most popular. This data is used to deliver customized content and advertising within our Sites to customers whose behavior indicates that they are interested in a particular subject area.

Listed below are the categories of Information we collect when you choose to use the Sites, and in the onboarding or check-out process when you create your Ruby Ribbon account or make a purchase of a Ruby Ribbon product. We never sell your Information, and we always have a lawful basis for gathering the Information, but that lawful basis might be different for different categories, and we describe those uses below. Regardless, we never use the Information for any purpose other than the purpose for which we gathered the Information in the first place, unless we get your prior explicit consent.

Personal Data. Personal Data includes your name, address (both billing and shipping addresses), email address, credit card information, phone number and any other information attributable to an identifiable natural person or household, including the information described in California Civil Code Section 1798.140(o). Each piece individually is a piece of Personal Information, and we collect varying amounts of Personal Information based on how you engage with us. We collect Personal Information when you order a product from us, register to receive communications from us, create an online account on one of the websites, download or access our mobile applications, submit an application to become a Stylist, request or subscribe to catalogues, product information, promotions or other communications from us, contact or communicate with us, participate in surveys, enter contests or promotions, submit a product review, testimonial, comment, suggestion, or other content to us, access or use our pages or accounts on any third-party social media platforms such as Facebook, Twitter, or Pinterest, or otherwise interact with us online (including through a website or the mobile applications) or by phone, mail, fax, or in person. We may obtain your social security number, Employer Identification number (if applicable) and bank routing information in connection with your application to become a Stylist and in the course of your relationship as a Stylist. We may gather your birthday as well as your contact information, including physical, shipping and e-mail address, your country of residence and preferred language. We collect payment card information from you; when you purchase a product or otherwise make a payment through this site, your card information is stored but only the last four digits are displayed in our systems. We do collect information relating to your purchase, including the amount of your purchase, the products that are purchased, your shipping address and a transaction reference number, Based on how you interact with us and the information you share, we use the Personal Information we collect to process and communicate with you about your order, establish a customer relationship with you, ship the products you ordered, process payments, enhance your shopping experience, communicate with you about our products and events that may be of interest to you, and for other marketing and research purposes. If you place an order through this site, we may also provide your name and email address to a Ruby Ribbon Independent Stylist who may communicate with you about your experience with Ruby Ribbon products.

Information Collected Automatically. The Sites use various tracking technologies that may include cookies, log file information, web beacons, location data, online analytics, and third-party ad serving companies (collectively, "Tracking Tools") to automatically collect Information from you. We, along with our third-party service providers, use Tracking Tools for a variety of purposes, including enhancing your online experience and our product offerings. We treat Information automatically collected as Non-Personal Information. Please see below for more information regarding the Tracking Tools that we may use.

Cookies: We and our third-party service providers use cookies, which are small files that are stored on your computer or mobile device and allow websites to remember information about you. For marketing purposes and to help personalize and improve our online services we use cookies to monitor how the services offered on the Sites are used.

Log File Information: Log file information may be automatically reported by your browser or mobile device each time you access a Site. This Information may include your IP address, device and software characteristics (such as type and operating system), browser type, Internet service provider, URLs, referring/exit pages, click data, domain names, landing pages, pages viewed, and other such information.

Web Beacons: When you use a Site, we and our third-party service providers may employ web beacons (also known as clear gifs or action tags) that are used to anonymously track your online usage patterns. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information facilitates more accurate reporting and improvement of our services.

Location Data: When you access the website via a mobile device, we and our third-party service providers may access, collect, monitor, and/or remotely store information regarding your mobile device, as well as real-time "location data," which may include GPS coordinates. Your device should require you to provide permission before our Site obtains precise geolocation information from a browser's geolocation API or from technologies like GPS, Wi-Fi, and/or cell towers. We and our service providers may use this approximate location and/or precise geolocation information, along with other information submitted by you, to provide you with location-based services like local store information, search results, special offers, and other personalized content.

Most browsers and mobile devices allow users to enable or disable precise geolocation using pop-ups or controls located in the settings menu. If you have questions about how to disable your device's precise geolocation services, please contact your browser developer, mobile service carrier, or device manufacturer. You may also stop collection of precise geolocation information by our mobile application by uninstalling the mobile application using the standard uninstall process available as part of your mobile device.

If you uninstall any of our mobile applications from your device, the unique Ruby Ribbon identifier associated with your device may continue to be stored. If you re-install any of our mobile applications on the same device, Ruby Ribbon may be able to re-associate this identifier to your previous transactions.

Online Analytics: We use third-party analytics tools to help us measure traffic and usage trends. These tools collect Information sent by your browser or mobile device, including the pages you visit and other Information, which assists us in improving our services and offerings.

Third-Party Ad Serving Companies: We may use third-party advertising companies to serve ads after you visit our website. Such advertising companies also may separately use Tracking Tools, including cookies, in the course of delivering targeted advertisements to our services.

Information We Collect When You Download and Use the Mobile Applications

When you download or access Ruby Ribbon mobile applications, we may collect certain information about your device and in some cases location information (if your device settings allow us to collect location information – see above under caption “Location Data”).

When you download or access Ruby Ribbon mobile applications, we may collect certain information about your device and in some cases location information (if your device settings allow us to collect location information – see above under caption “Location Data”).

Information We Receive From Third Parties. We may receive Information about you from third parties. For example, if you access our website through a third-party connection or log-in (e.g., through Facebook), such third-party may pass certain Information about your use of its service to us. We may also receive Information about you from third parties such as our business partners and service providers. We may also obtain other Information about you such as change of address, contact information, or demographic information from commercially or publicly available sources.

Send to a Friend. We may give you the opportunity to tell your friends about product information and promotions. If you take advantage of our Send to a Friend option, we ask you for your friend's and your first names, last names and email addresses to send the information to them that you requested.

Ruby Ribbon uses your Information, including Personal Information, for a variety of business and commercial purposes, including:

 

• providing our products to you;
• responding to your requests, comments or postings;
• processing orders and payments; 
• providing support to Stylists and customers;
• processing returns, refunds and exchanges;
• processing and managing your accounts with us;
• communicating with you;
• improving and customizing our products, website, promotions, communications, and advertisements;
• customer service and technical support, which may include resolving issues or troubleshooting problems;
• for internal operations such as enhancing our product offerings, marketing efforts, and to conduct research and analysis;
• developing new products and promotions;
• for marketing purposes;
• to prevent fraud or potentially illegal activities;
• to enforce our Terms of Use;
• to comply with applicable laws, regulations, and legal process; and/or
• to protect the security and integrity of our business, brands, the Sites, our Stylists and third-party business partners and service providers.

   

  We may combine all the Information we collect or receive about you for any of the foregoing purposes.

  
  
  SHARING INFORMATION WITH THIRD PARTIES
  
  

  Ruby Ribbon does not sell, rent or lease its customer lists to third parties.

  Ruby Ribbon may, from time to time, may use an external business partners to provide information to you about a particular offering that may be of interest to you. In those cases, your unique Personal Information (e-mail, name, address, telephone number) is transferred to the third party. Ruby Ribbon may share Information with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your Information except to provide these services to Ruby Ribbon, and they are required to maintain the confidentiality of your information.

  Ruby Ribbon may disclose your Personal Information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Ruby Ribbon or the site; (b) protect and defend the rights or property of Ruby Ribbon; and/or (c) act under exigent circumstances to protect the personal safety of users of Ruby Ribbon, or the public.

  
  
  SECURITY OF INFORMATION
  
  

  Ruby Ribbon uses reasonable efforts to maintain a secure operating environment to protect your information from unauthorized or accidental access. Information is collected over a secure SSL communication channel with encryption. While we are committed to protecting your privacy, no security measures are perfect or impenetrable; no transaction over the internet can be completely secure, and we cannot guarantee that your Personal Information will never be accessed, used, or disclosed in a manner that is inconsistent with this Policy.

  You are responsible for maintaining the confidentiality of your user password and account login information. We encourage you to set a secure password that is difficult for others to guess, and change your password on a regular basis to help ensure your account remains secure.

  In the event any Personal Information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where required by applicable law to notify those individuals whose information may have been compromised and take any other action required by applicable laws and regulations.

  
  
  INTERNATIONAL VISITORS
  
  

  If you are visiting the Sites from the European Union or other countries with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information outside the country in which you reside, where data protection and privacy regulations may not offer the same level of protection as in the country in which you reside or other parts of the world. Your personal data may be transferred for processing and storage by Ruby Ribbon and our affiliates and third parties. By providing your personal data you consent to any transfer and processing in accordance with this Privacy Policy. Our online services and the terms of this Policy may or may not comply with laws of jurisdictions other than the United States. If you do not agree with this, please do not use our online services or the Sites.

  
  
  CALIFORNIA RESIDENT PRIVACY RIGHTS
  
  

  For California residents, the California Consumer Privacy Act (CCPA) of 2018 grants you the following rights while doing business with Ruby Ribbon:

   

• The right to know what personal information is collected, used, shared or sold, including both the categories and specific pieces of personal information.
• The right to delete personal information held by Ruby Ribbon and our service providers.
• The right to opt-out of sale of personal information. Consumers are able to direct a business that sells personal information to stop selling that information. Children under the age of 16 must provide opt in consent, with a parent or guardian consenting for children under 13.
• The right to non-discrimination in terms of price or service when a consumer exercises a privacy right under CCPA.
• To make any request under the CCPA, you must submit a data request to Support@rubyribbon.com. Please provide your name, e-mail address, telephone number, and any other information we request to reasonably verify your identity. We will respond to your request within 10 days after receipt of your request, and we will then take action to verify your identity and fulfill your request, as required by the CCPA.
• You have the right not to receive discriminatory treatment by us for the exercise of any privacy rights conferred by the CCPA, which means that we will not take any action to hurt or punish you for exercising your rights under the CCPA.
• You may designate an authorized agent to make a request under the CCPA on your behalf by writing us at Support@rubyribbon.com. Upon receipt of your request, we will provide you with the information you will need to designate that agent.

   

  To our valued Ruby Ribbon customers who live in California: you can access the entire CCPA 2018 act here for more information.

  California Do Not Track Notice: At this time, there is no worldwide uniform or consistent industry standard or definition for responding to, processing, or communicating Do Not Track signals. Thus, like many other websites and online services, our Sites are currently unable to respond to Do Not Track signals. To find out more about "Do Not Track", you may wish to visit //www.allaboutdnt.com.

  
  
  AGE OF CONSENT
  
  

  By using this site, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this site.

  Our online services are generally not directed to children under 18. Persons under the age of 18 may not enroll as Ruby Ribbon Stylists or register as customers. Children under the age of 13 may not purchase products through any of the Sites. We do not knowingly collect Personal Information from anyone under 18 without parental consent. Ruby Ribbon does not solicit or knowingly collect personally identifiable information from children under the age of 13. If you become aware that we have collected Personal Information from a child under the age of 13, please let us know so we can immediately delete such information from our database. Because Ruby Ribbon does not collect personally identifiable information from children under the age of 13, Ruby Ribbon has no such information to use or disclose to third parties. Ruby Ribbon has designed this Privacy Policy in order to comply with the Children's Online Privacy Act (COPA).

  
  
  RUBY RIBBON CONNECT APP / NAXUM VIRTUAL OFFICE
  
  

  Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

• names;
• phone numbers;
• email addresses;
• contact preferences;
• contact or authentication data;
• mailing addresses;
• billing addresses;
• debit/credit card numbers;
• uploading your contact list for prospecting;
• uploading your images/files for your profile;
• uploading your videos;
• user-generated content you post in public online forums on our Services; and
• any other information you choose to directly provide to us in connection with you use of the Services

Sensitive Information. We do not process sensitive information.

Our online services and communications may contain links to other websites and social media platforms such as Facebook, Twitter, or Pinterest ("Linked Sites"). We are not responsible for the privacy practices, policies, or content of any Linked Sites, even if you link to them from our website or communications. This Privacy Notice does not apply to any Linked Sites. We have no control over the collection or use of Information, including Personal Information, on any Linked Sites. We encourage you to read and understand the privacy practices of any Linked Sites that you visit.

Ruby Ribbon owns all rights, title and interest in the Sites, the proprietary content and all related intellectual property. This includes but is not limited to logos, trademarks, text, code, graphics, designs and images (the “Content”). It is strictly prohibited to copy, modify, distribute, transmit, display, reproduce, publish, license, or link to any Content on the Site without first obtaining written authorization or consent from Ruby Ribbon.

From time to time we review this Privacy Policy to ensure that it complies with applicable law. Consequently, we reserve the right to update and revise this Privacy Policy at any time. You will know if this Privacy Policy has been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our website constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us from time to time, and you should, therefore, review this Privacy Policy regularly to ensure that you are aware of its terms.

If we sell all or any part of our business or sell or transfer all or a material part of our assets or are otherwise involved in a merger or other transfer or disposition of any part our business, we reserve the right to access, transfer or disclose any and all information that we collect from our website’s visitors, or that we otherwise collect in connection with the website, to the party or parties involved in the transaction as part of that transaction.

You have a right to access information held about you, which can be exercised in accordance with various legal requirements. Any access request must be sent to support@rubyribbon.com If at any time you would like to change your personal data, or if you no longer wish to receive materials from us or would like your personal information removed from our database, please contact us at Support@rubyribbon.com. Alternatively, if you receive materials from us by email you can make use of the "unsubscribe" provision in our communications so that we know that you no longer wish to receive any materials from us.

If you have questions about our Privacy Policy or other questions please contact us at:

Ruby Ribbon, Inc.
4607 Lakeview Canyon Road
Suite 405
Westlake Village, CA 91361
Support@rubyribbon.com

Web Site Terms of Use

Last updated November 20, 2020

• (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
• is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;
• infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
• is commercial, business related or advertises or offers to sell any products services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
• contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site; or
• (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing”, as those terms are commonly understood and used on the Internet

   

  We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

  
  
  12. Removal of Submissions
  
  

  We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from the Site that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including the Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

  
  
  13. International
  
  

  The Site is intended for viewing and use in the United States. If this Site is viewed internationally, you are responsible for compliance with applicable local laws, which may be different from the laws in the country and state or province of your residence. We do not intend to provide our products or services outside the United States.

  
  
  14. Privacy
  
  

  Ruby Ribbon respects your privacy and the privacy of other visitors to the Site. To learn about our privacy practices and policies, please see our Privacy Policy.

  
  
  15. Children
  
  

  Ruby Ribbon is committed to the safety of our children. Persons under the age of 18 may not enroll as Ruby Ribbon Stylists or register as customers. Children under the age of 13 may not purchase products through the Sites. Ruby Ribbon does not solicit or knowingly collect personally identifiable information from children under the age of 13.

  
  
  16. Disclaimer of Warranties
  
  

  ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRSENTAITONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

  The Content of the Site is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, is not intended to be a substitute for such advice, and may not be used for such purposes. Always seek the advice of your physician with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any of the Content included in, or accessible through, the Site without seeking the appropriate legal, medical, or other professional advice. Reliance on any information appearing on the Site is strictly at your own risk.

  The Site may contain the opinions and views of other users. Given the interactive nature of the Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by other users

  
  
  17. Limitation of Liabilities
  
  

  UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL RUBY RIBBON, ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

  WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

  THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  
  
  18. Governing Law and Dispute Resolution
  
  

  Governing Law. These Terms of Use, including any procedural or substantive rights in any arbitration, shall be governed by and construed in accordance with the laws of the State of California without giving effect to principles of conflicts of laws. The Federal Arbitration Act shall otherwise govern all matters relating to arbitration.

  Arbitration. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, Ruby Ribbon, and/or any involved third party relating to your use of the Site or these Terms of Use. This includes any and all claims or disputes that relate in any way to your use of Ruby Ribbon products, any act or omission by Ruby Ribbon or any third party related to your use or attempted use of the products, as well as any claims relating to advertising or representations regarding the products. You, Ruby Ribbon, or any involved third party may pursue a Claim. Ruby Ribbon agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against Ruby Ribbon. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

  Exceptions to this Arbitration Agreement. As an exception to this arbitration agreement, you and Ruby Ribbon both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. Ruby Ribbon will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. In addition, this arbitration agreement also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.

  Waiver of Class and Representative Procedures. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND RUBY RIBBON AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Ruby Ribbon agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor Ruby Ribbon may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

  Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against Ruby Ribbon, you will first provide Ruby Ribbon an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by email to support@rubyribbon.com You agree to negotiate with Ruby Ribbon in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after Ruby Ribbon’ receipt of your written dispute, you may commence arbitration in accordance with this agreement.

  Arbitration Location. For your convenience, the arbitration may be conducted in a location within the federal district where you reside. It may be held by telephone or through written submissions if both you and Ruby Ribbon agree in writing.

  Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge, experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen pursuant to the American Arbitration Association (AAA) Commercial Rules and the arbitration shall be governed by the AAA Commercial Rules.

  All issues shall be decided by the arbitrator, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of the paragraph addressing the waiver of class and representative procedures shall only be determined by a court with jurisdiction to determine such matter(s).

  Arbitration Fees. Ruby Ribbon shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. Unless applicable law provides otherwise, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

  Arbitration Award. The arbitrator may award costs or fees to a prevailing party, but only if applicable law allows it. Although Ruby Ribbonmay have a right to an award of attorneys’ fees and expenses under some laws if it prevails, Ruby Ribbonagrees that it will not seek such an award, unless any Claims asserted against Ruby Ribbon are determined by the arbitrator to be frivolous. Any award rendered by an arbitrator shall include a written opinion and shall be final, subject to limited appeal rights as permitted by law or the FAA.

  Survival and Severability. This agreement to arbitrate survives any termination of your account or relationship with Ruby Ribbon, bankruptcy, assignment or transfer. Except as provided otherwise in the "waiver of class and representative procedures" provision, if any portion of this agreement to arbitrate is deemed unenforceable, the remaining portions of this agreement to arbitrate shall remain in full force and effect.

  Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. The agreement to arbitrate set forth in this Section 19 constitutes the entire arbitration agreement between you and Company and shall not be modified except in writing by Ruby Ribbon.

  Right to Opt Out Of This Agreement to Arbitrate. YOU HAVE THE RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A RUBY RIBBON PRODUCT (WHICHEVER COMES FIRST) BY SENDING A WRITTEN OPT-OUT REQUEST TO support@rubyribbon.com YOU MAY ALSO OPT OUT OF THIS AGREEMENT TO ARBITRATE WITHIN 30 DAYS AFTER WE NOTIFY YOU OF A MATERIAL CHANGE TO THIS AGREEMENT TO ARBITRATE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.

  Exclusive Venue for Other Controversies. You agree that any controversy excluded from this agreement to arbitrate (other than an individual action filed in small claims court) shall be filed only in the United States District Court for the Northern District of Texas, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

  YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

  
  
  19. Notice For California Users
  
  

  Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  
  
  20. Agreement To Be Contacted
  
  

  By voluntarily providing your address, telephone number and email address, you agree to receive any future communications from Ruby Ribbon for any reason whatsoever via email, phone (regardless of what type) and/or mail until you unsubscribe to any email communications or otherwise request in writing via email to support@rubyribbon.com. You agree that Ruby Ribbon shall have 30 days from the receipt of your request to update its records and facilitate the termination of any such further communications with you and that any communications you may receive from Ruby Ribbon during the 30 day time period from Ruby Ribbon’ receipt of your request shall not be a violation or any federal or state law.

  
  
  21. General Provisions
  
  

  We make no representations that the Content on the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

  If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

  No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

  We make no representations that the Content on the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

  
  
  22. Contacting Us
  
  

  You may contact us regarding these Terms of Use or the Site by emailing us at support@rubyribbon.com

  
  
  23. Effective Date
  
  

  These Terms of Use are effective as of the date shown at the top of these Terms of Use, and shall remain in effect until modified and/or updated as provided above.