The term “Site” shall mean website provided by Rue Cinq, Inc. known as “Rue Cinq,” to be used on computers, Apple iOS, Android OS devices and any upgrades or updates to that software from time to time, and any other software or documentation which enables the use of the Site.
The term “You” shall refer to: 1) any person or entity who has downloaded the Site, any user of the Site and, by extension, anyone who relies upon the Site.
All trademarks, copyright, database rights and other intellectual property rights of any nature in the Site together with the underlying software code are owned either directly by Rue Cinq, Inc. or by Rue Cinq, Inc.’s licensors. Rue Cinq, Inc. hereby grants you a worldwide, non-exclusive, royalty-free revocable license to use the Site for your business and personal use in accordance with these Terms and Conditions. This license is freely revocable by Rue Cinq Inc. at its full and unfettered discretion.
All products offered on Rue Cinq’s Site are offered entirely through a third-party merchant (e.g., Nordstrom). As such, any personal information relayed by users is done exclusively through said third-party merchant and is not under the control of Rue Cinq. Therefore, you Agree that Rue Cinq is not responsible for the security of said information.
DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982, Rue Cinq, Inc. hereby disclaims all implied warranties with regard to the Site.
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED AND REPRESENTED ON THIS SITE (WHETHER PROVIDED BY RUE CINQ, INC., YOU, OTHER USERS, AND OTHER AFFILIATES OR THIRD PARTIES), ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW. RUE CINQ, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
RUE CINQ, INC. WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF RUE CINQ, INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON, THIS SITE. RUE CINQ, INC. ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THIS SITE. RUE CINQ, INC. ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THIS SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL RUE CINQ, INC. ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO RUE CINQ, INC. , IF ANY, OR (B) $99 (WHICHEVER IS LESS).
By consenting to the Terms and Conditions of the Site, you acknowledge and agree that no data transmission over the Internet is completely secure. Rue Cinq, Inc. cannot guarantee or warrant the security of any information you provide to us and you transmit such information to us at your own risk.
Copyright & Distribution
You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Site (ii) attempt to copy, reproduce, alter, modify, bypass any security measures or limitations on access or use, reverse engineer, disassemble, decompile, transfer, exchange or translate the Site; or (iii) create derivative works of the Site of any kind whatsoever without the express written consent of Rue Cinq, Inc. This clause applies regardless of whether any copies are being made for personal or commercial use.
Rue Cinq, Inc. may terminate use of the Site at any time by giving notice of termination to you. Upon any such termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software.
Updates to Terms & Conditions
Rue Cinq, Inc. may provide You with notices, including those regarding changes to these Terms and Conditions by email, regular mail, or a message posted on the Site. Notice will be deemed given twenty-four hours after email is sent, unless Rue Cinq, Inc. is notified that the email address is invalid. Alternatively, Rue Cinq, Inc. may give You legal notice by mail to a postal address, if provided by You. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Site is deemed given ten days following the initial posting.
The failure of Rue Cinq, Inc. to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Rue Cinq, Inc.
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these Terms or the Site will be filed only in the state or federal courts in and for Delaware and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. You and Rue Cinq, Inc. may opt to arbitrate any dispute valued at over $5,000. Any such arbitration shall have venue in Delaware and shall be conducted in accordance with the rules of the American Arbitration Association. Any dispute valued under $5,000 shall be adjudicated in the small claims part within the Civil Courts of the State of Delaware.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Rue Cinq, Inc. without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
These Terms (including all Guidelines and terms incorporated herein) are the entire agreement between You and Rue Cinq, Inc. relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms and Conditions made by Rue Cinq, Inc. as set forth above.