TERMS OF USE

Welcome to Rūvtop! We equip homeowners and renters with tools and resources they need to efficiently identify, prioritize, and manage sustainable solutions tailored to their distinct needs and goals.

Please read these Terms of Use carefully before using or further accessing our website and before accessing or obtaining any product or services through our website.

DEFINITIONS

  • “Communications” means any and all communications to you in whatever form by Rūvtop and includes without limitation all alerts, advisements, newsletters, blogs, invitations, webinars, seminars, and all Content that we email you or that is available to you when you click on an advertisement or a “read more” button.
  • “Content” means all information, materials, text, images, videos, audio files, graphics, and any other elements that are presented, displayed, or made available on the Website, with respect to any Service, and in any Communication, whether created by Rūvtop or by any third party.
  • “Legal Terms” means, with respect to the Website, all legal terms, conditions, provisions, policies, and disclaimers that may be displayed on the Website with respect to the use, thereof; and, with respect to a given Service, all legal terms, conditions, provisions, policies, and disclaimers that may be displayed on the Website or provided or displayed in connection with or with respect to such Service. All Legal Terms are incorporated into the Terms of Use.
  • “Marks” means all trademarks, service marks, design marks, and trade dress that are presented, displayed, or made available on the Website or in connection with any Service.
  • “use” and “using” means with respect to the Website, your use or accessing of the Website; and, with respect to a Service, means your use, accessing, or obtaining of such Service.
  • “Privacy Policy” means the Website’s privacy policy, available at https://www.iubenda.com/privacy-policy/68155811/legal, which is incorporated into the Terms of Use.
  • “Service” means any service offered or made available to you by Rūvtop by way of or in connection with the Website or any Communication, and includes without limitation any and all seminars and webinars and other programs that we organize online, offline or through telecommunications.
  • “Terms of Use” means this Terms of Use document and includes the Privacy Policy and all Legal Terms, which Privacy Policy and Legal Terms are incorporated into the Terms of Use.
  • “Rūvtop” “we” “our” and similar words mean and refer to Ruvtop LLC, a Washington State limited liability company.
  • “Website” means the website located at the domain Ruvtop.com, and includes without limitation all Content.

USE OF WEBSITE

By using the Website, you agree to be legally bound by the Terms of Use.

USE OF SERVICES

By using any Service, you agree to be legally bound by the Terms of Use.

IF YOU DO NOT AGREE TO AND ACCEPT ALL OF THE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE OR TO USE ANY SERVICE.

UPDATES AND OTHER CHANGES TO TERMS OF USE

These Terms of Use are subject to change from time to time, including updates additions, deletions, modifications and other changes (“Change”).  You should review the Terms and Use regularly to understand their applicability to you at a given time because they are binding on you in the form they exist at such time.  Except as may be otherwise expressly stated, any Change will be effective immediately upon the display or other reasonable notice, thereof.  Your continued use of the Website or an applicable Service after a Change constitutes your agreement to be bound by the Terms of Use as they exist after giving effect to such Change.

THE TERMS OF USE ARE SUBJECT TO CHANGE AND YOUR USE OF THE WEBSITE OR ANY SERVICE WILL BE SUBJECT TO THE TERMS OF USE IN EFFECT AT THE TIME OF SUCH USE.

THIRD-PARTY WEBSITES/SERVICES AND TERMS OF THEIR USE

The Website provides links to third-party websites and services, the use of which is governed by the applicable third-party’s terms of use, including such third-party’s privacy policy, and not by Rūvtop’s Terms of Use.  Rūvtop makes no representations or warranties with respect to your use of third-party websites or services.

YOUR RIGHTS

Subject to the Terms of Use, Rūvtop grants you a non-exclusive, non-transferable, limited right to access, use and display the Website and the Content for your personal, noncommercial use, provided that you comply fully with these Terms of Use.

CONDITIONS OF USE

As conditions precedent to your use of the Website or any Service, you represent, warrant, acknowledge and agree that:

  • You are at least 18 years of age and are entering into this agreement on your own behalf and/or on behalf of your children who less than 18 years old, but at least 16 years old.
  • You possess the capacity and legal authority to create a binding legal obligation.
  • You will use the Website and any Service in accordance with the Terms of Use and all applicable laws.
  • You agree not to interrupt, or attempt to interrupt, the operation of the Website or any Service in any way.
  • With respect to any password(s) as may be issued to you in connection with your use of the Website or any Service, you will use such password for your individual use only and, further, you assume sole and absolute responsibility for maintaining the confidentiality of such password.

MODIFICATION/TERMINATION OF WEBSITE, SERVICES, AND ACCESS

Rūvtop reserves the absolute right to discontinue or modify the Website and any Service at any time and without requirement of notice and will not be liable if, for any reason, all or any part of the Website or any Service is unavailable at any time or for any period of time. Further, we reserve the absolute right to suspend or terminate your access to and use of the Website and any Service, or any part or portion of either, at any and without requirement of notice.

PRIVACY POLICY

Rūvtop’s Privacy Policy explains how we treat your personal information. Your use of the Service is subject to our Privacy Policy, which is available at https://www.iubenda.com/privacy-policy/68155811/legal.  Rūvtop’s Privacy Policy is incorporated into the Terms of Use.

PROHIBITED USES

You may use the Website and Services only for lawful purposes and are prohibited from using the Website and Services in any unlawful manner or for any unlawful purpose.  Further, you are prohibited from and agree not to:

  • Use or access the Website in any manner that could affect the functionality or the operation of the Service.
  • Use any manual or automated process to monitor or copy any of the Content on the Website, absent our express written consent.
  • Attack the Website with a denial-of-service attack or a distributed denial-of-service attack.
  • Reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, or transmit any of the Content or Services.
  • Delete or alter any copyright, trademark and/or other proprietary rights notices displayed on the Website or in connection or with respect to any Service.

TRADEMARK NOTIFICATION

All Marks displayed on the Website, in any Communication, or with respect to any Service are and remain the property of Rūvtop or, in the case of third-party Marks, their respective owners,   and remain protected under applicable intellectual property laws.  You may not use any Marks without the express written permission of Rūvtop or, in the case of a third-party Mark, the respective owner.  Any unauthorized use, reproduction, or imitation of any Mark is strictly prohibited and may result in legal action.

COPYRIGHT NOTIFICATION

All Content is the property of Rūvtop or its content suppliers and protected by international copyright laws.  Any unauthorized use, reproduction, distribution, or modification of any portion of the Content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.   If you believe that any Content infringes upon your copyright, please contact us immediately (as indicated in the How to Contact Us section) with detailed information, and we will promptly investigate and take appropriate action.

LIMITED LICENSE

Subject to your compliance with the Terms of Use, Rūvtop grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and use the Website and Services for your personal use only and not for any commercial purpose.  Rūvtop reserves all rights not expressly granted.

AGREEMENT TO ACCEPT ELECTRONIC COMMUNICATION

You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, legally enforceable and binding.

COMMERCIAL COMMUNICATIONS

We may send you commercial communications, such as e-mail newsletters, notice of new products or services, offers, etc. You may opt out of receiving these types of communications by selecting the link “opt out” or “unsubscribe” in the respective e-mail, or by contacting us as indicated in the How to Contact Us section, below.

THIRD PARTY LINKS AND THIRD-PARTY WEBSITES

The Website contains links to third-party websites, which operate under different legal terms and privacy policies. We encourage you to read the legal terms and privacy policies for each such website. These other terms and policies will apply to you when you use these third-party website or services. Rūvtop has no control over such third-party websites. We are not responsible or liable, directly or indirectly, for any damage caused or alleged to be caused by or in connection with use of, or reliance on any such content available on or through any such website.

ERRORS, INACCURACIES, AND OMISSIONS

The Website may contain typographical errors, inaccuracies, or omissions. Rūvtop reserves the right to correct errors, inaccuracies or omissions and to change or update Content at any time and without requirement of notice.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. EXCEPT OTHERWISE EXPRESSLY PROVIDED, THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NEITHER RŪVTOP NOR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS OR BUSINESS PARTNERS, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, (COLLECTIVELY “RŪVTOP PARTIES”) MAKES ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE OR ANY SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, SECURE, ERROR-FREE OR UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT DEFECTS WILL BE CORRECTED.

SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES. CONSEQUENTLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, RŪVTOP AND RŪVTOP ASSOCIATES’ WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITIES

NEITHER RŪVTOP NOR ANY OTHER RŪVTOP PARTY  SHALL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF ANY CONTENT OR ITEMS OBTAINED THROUGH THE WEBSITE OR ANY SERVICE, OR LINKED TO THE WEBSITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, RŪVTOP AND RŪVTOP ASSOCIATES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND RŪVTOP AND RŪVTOP ASSOCIATES’ TOTAL LIABILITY IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE OR ANY SERVICE AND ANY LOSS OR DAMAGE RESULTING THEREFROM WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100.00) IN THE AGGREGATE.

LIMITATION ON CLAIMS

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THE TERMS OF USE, THE WEBSITE, OR ANY SERVICE OR COMMUNICATION MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Rūvtop and its employees, agents, officers and directors, and their successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of, in connection with, or otherwise relating to your violation of the Terms of Use.

FORCE MAJEURE

Rūvtop will not be held liable or otherwise responsible for any delay or failure in performance due in whole or in part to any force majeure event, including without limitation any acts of nature, forces, or causes beyond its reasonable control.

INFORMAL DISPUTE RESOLUTION

Rūvtop wishes to address your concerns without need for a formal legal proceeding. Before filing a claim against Rūvtop, you agree to first make good faith attempt resolve the dispute informally by contacting us in writing as indicated in the “How to Contact Us” below. We will attempt to resolve the dispute informally by contacting you through email. If a dispute is not resolved informally within sixty (60) days after submission, either of you or Rūvtop may proceed to otherwise pursue resolution of the dispute subject and pursuant to the terms and conditions of the Terms of Use.

DISPUTE RESOLUTION BY ARBITRATION

You agree that any dispute between you and Rūvtop arising out of or relating to the Service will be arbitrated by JAMS arbitration services (“Arbitration”), except to the extent set forth otherwise in the following section entitled “Equitable Remedies.”  The arbitrator will use the applicable JAMS arbitration rules unless a different set of rules are agreed upon. An arbitrator may award, on an individual basis, any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.

EQUITABLE REMEDIES

Notwithstanding the provisions of the above section entitled “Dispute Resolution By Arbitration,” Rūvtop shall be entitled to bring an action for equitable relief at any time and without requirement of bond in order to prevent irreparable injury that might result from your breach of the Terms of Use.  The right to equitable relief provided for in this section shall be cumulative and in addition to any other remedies provided by law or equity.  The prevailing party in such action shall be entitled to reimbursement by the non-prevailing party of all costs and expense, including without limitation attorney’s fees, incurred by such prevailing party in connection therewith.

GOVERNING LAW

Except for disputes covered by Arbitration, which shall be governed by the Federal Arbitration Act, the Terms of Use and any all disputes shall be governed by and enforced in accordance with the internal laws of the State of Washington and shall be binding in the United States and worldwide.  Each of you and Rūvtop irrevocably submits to the exclusive jurisdiction of the state and federal courts of King County, Washington for purposes of any dispute not otherwise covered by Arbitration, and with respect to any judgment upon award rendered pursuant to Arbitration and the enforcement thereof, and acknowledges and agrees that no dispute may be pursued in any other jurisdiction.

WAIVER OF RIGHT TO TRIAL BY JURY

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF YOU AND RŪVTOP HEREBY WAIVES ANY AND ALL RIGHTS TO A JURY TRIAL WITH RESPECT TO ANY DISPUTE.

ENTIRE AGREEMENT; NO WAIVER

The Terms of Use, including all other terms and conditions incorporated herein by reference, constitute the sole and entire agreement between you and Rūvtop with respect to the subject matter hereof and thereof and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to thereto. You agree that any ambiguities in the interpretation of the Terms of Use will not be construed against the drafting party.  No waiver of any right under or breach of the Terms of Use shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

ASSIGNMENT

You may not assign or transfer any rights licenses granted to you or delegate any obligations imposed on you by the Terms of Use without Rūvtop’s consent, however Rūvtop shall have the absolute right to  transfer or assign its rights and delegate its obligations granted under the Terms of Use without restriction. Subject to the foregoing, the Terms of Use will bind and inure to the benefit of the you and Rūvtop, their successors, and permitted assigns.

SEVERABILITY

If any provision of the Terms of Use is determined to be unlawful, invalid or unenforceable, such provision will be deemed amended to achieve an economic effect that is as near as possible to that provided by the original provision, and enforced to the fullest extent permitted by applicable law or, if such amendment is not possible, that provision shall be severed and the remainder of the Terms of Use shall remain in full force and effect.

RESPONDING TO LEGAL PROCESS

Rūvtop may respond to and comply with any subpoena, warrant or other legal order issued by a court having jurisdiction over Rūvtop (“Legal Process”) that it believes to be valid. Rūvtop is not responsible for any direct or indirect losses that you may incur as a result of our complying with Legal Process.

 

HOW TO CONTACT US

If you have any feedback, comments, questions, complaints, requests for service, request for support, and other communications relating to the Service please write to us via email or post.

You can contact us at legal@ruvtop.com

Please note that email communications are not always secure, therefore do include any confidential or sensitive information in any emails to Rūvtop.

Our mailing address is – Rūvtop LLC, 1022 NW 177th Place, Shoreline, WA 98177

Regarding postal communications: Please be aware that it may take us longer to route and process your request if it is made on paper versus via electronic message.

This document was last updated May 3, 2024.

PRIVACY POLICY

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Privacy Policy