OCTOBER 1, 2018
WELCOME TO THE PULL THE RAMP ONLINE STORE (the “Website”).
By using the Services in any manner, You, just as if You had done so in writing, (i) acknowledge that You have read and understood the Terms, (ii) represent and warrant that You are at least thirteen (13) years of age or older, (iii) if applicable, You have the authority to enter into these Terms on behalf of any person or entity for whom You are accessing or using the Services, and (iv) agree to these Terms and all other rules, policies, and procedures that may be published on the Website from time to time, each of which are incorporated into these Terms and each of which may be updated without notice to you. Children under 18 years of age but at least 13 years of age may use the Website and App under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent any clothing or accessories via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the rental of any Products, including all legal liability he or she may incur. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; Your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms by reference. These Terms are binding upon any use of the Services and apply to You from the time that Pull The Ramp provides You with access to the Services.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time, provided that we may only amend the alternative dispute, venue and time limit of claims provisions to the extent allowed by applicable law. Please check these terms periodically for changes. Your continued use of this Website following the posting of changes to these terms will mean you accept those changes. Any rights not expressly granted herein are reserved to Pull The Ramp.
- DESCRIPTION OF SERVICES
- PERMITTED USE OF THE WEBSITE
- USER ACCOUNTS
- YOUR OBLIGATIONS AND RESPONSIBILITIES
- INTELLECTUAL PROPERTY
- LIMITATION OF LIABILITY
- ALTERNATIVE DISPUTE RESOLUTION
1. DESCRIPTION OF SERVICES
A. General Conditions
The Services include the rental of clothing, specifically clothing with a South Asian theme (“Products”). This Section 1 sets out terms and conditions that apply to your rental of any Product.
1.1 DELIVERY METHOD. All deliveries will be through our shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of Pull The Ramp.
1.2 COMMUNICATION. You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying “STOP” to a text message you receive from us or by emailing email@example.com. You acknowledge that opting out of receiving communications may impact your use of the Services.
1.3 RESTRICTIONS. You acknowledge and agree that we may place limits on the rental of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.
B. Rental Details
The following additional conditions apply to the rental of any Product.
1.4 RENTAL FEE. The rental fee (“Rental Fee”) for the Product will be the total of the rental fee, insurance charges and delivery charges listed on the Website for your rental of the Product. When you place your rental order for a Product, you hereby authorize Pull The Ramp to charge your payment card for the Rental Fee. Pull The Ramp will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Website is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize Pull The Ramp to charge your payment card for an amount equal to 100% of the original retail value of the Product (when new) as set forth on the Website (“Retail Value”) plus applicable sales taxes; provided that Pull The Ramp will only charge your payment card for an amount greater than the Rental Fee as described below. Rental Fees exclude all federal, state and local taxes all of which shall be paid by you directly or, if paid by Pull The Ramp, shall be paid by you to Pull The Ramp in connection with your rental order.
If you do not pay the amounts you owe to Pull The Ramp when due, then Pull The Ramp will need to institute collection procedures. You agree to pay Pull The Ramp’s costs of collection, including without limitation reasonable attorneys’ fees.
1.5 CANCELLATIONS. You may cancel your rental order subject to the following cancellation fees and policies:
- If you cancel thirty (30) or more days in advance of the delivery date, there is no cancellation fee and you will receive a ful refund issued to the payment card you used for the order.
- If you cancel less than thirty (30) days but more than fourteen (14) days in advance of the delivery date, you will not receive any refund, but you will receive a full credit to your Pull The Ramp account for the Rental Fee associated with the cancelled order. This credit can be applied to any future Pull The Ramp rental.
- If you cancel fourteen (14) or fewer days in advance of the delivery date, you will receive a credit to your Pull The Ramp account for the Rental Fee associated with the cancelled order, minus a cancellation fee of $9.95.
1.7 RETURNING PRODUCTS. With delivery of the Product, Pull The Ramp will provide you with a pre-paid, pre-addressed Pull The Ramp carrying case as well as instructions for your use in returning the Products to Pull The Ramp (“Return Packaging”). The Pull The Ramp carrying case is not yours to keep. If the Pull The Ramp carrying case is not returned you will be charged a $50 fee (details below under “Lost Return Packaging”).
1.8 RESPONSIBILITY FOR PRODUCTS. Upon delivery, you bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address is highly recommended. A “Secure Shipping Address” means a location where an individual can physically receive Product(s). In the event that an un-secure shipping address is provided, Pull The Ramp does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which Pull The Ramp will not be liable. You will be liable for all such delays and additional delivery fees.
1.9 DAMAGE TO PRODUCTS. You agree to treat the Products with the highest standard of care. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance you paid for with your rental of the applicable Product. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product. Please do not iron the Products as that will cause irreparable harm to the Products. Steam only.
1.10 RETURN OF THE PRODUCTS; EXTENSIONS. You agree to return the Products to Pull The Ramp in the Return Packaging on or before the return date for the Products that are identified in the online invoice for your order. You may extend your order for a Product on the Website to Pull The Ramp; provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. You must return the Product by delivering the Product in the Return Packaging to a UPS store located in the United States by 12 p.m. on or before the date that the Product is due. We are not responsible for any personal or other items left in the Products or which are returned to Pull The Ramp in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible at firstname.lastname@example.org. Our staff may assist in attempting to locate such items at a customer’s request, but are not obligated to and assume no liability for doing so.
1.11 LATE FEES. If you return the Products late or not at all, a late fee of fifty dollars ($50.00) will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to Pull The Ramp for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 100% of the Retail Value plus applicable sales tax (plus the Rental Fee). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within ten (10) days after the return date for the Product, your late return will be considered a non-return and Pull The Ramp will charge your payment card the maximum late fee set forth in this Section 1(B), less any late fees that you have already paid, plus applicable sales tax.
Pull The Ramp will not charge you for more than an amount equal to 100% of the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under this Section 2(B), excluding collection costs. If you pay Pull The Ramp an amount equal to 100% of the Retail Value under this Section 1(B) and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 1(B).
1.12 RETURN PACKAGING. If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date, and providing Pull The Ramp with a tracking number. Also, if you lose or fail to return the Pull The Ramp carrying case you will be charged $50. If you still possess the Pull The Ramp carrying case, it is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 1(B).
1.13 LIMITED WARRANTIES. The following are the limited warranties Pull The Ramp provides in connection with Product rentals. Pull The Ramp’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by Pull The Ramp.
1.14 CORRECT PRODUCTS. Subject to availability, we will deliver the Products you ordered, including the specified size, color and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in color and style than as displayed on the Website.
1.15 CLEAN AND READY TO WEAR. The Products will be professionally cleaned and delivered ready to wear. Pull The Ramp dry cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and Pull The Ramp shall not be held liable for any health-related complaints associated with any Product.
The following additional conditions apply to the sale of any Product.
1.16 PRODUCTS ARE USED; ALL SALES ARE FINAL AND “AS IS.” You acknowledge and agree that only those Products designated by us on the Site as available for purchase are eligible for purchase by you. Pull The Ramp will professionally clean and inspect the Products before they are delivered to you. However, all Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final.
1.17 PURCHASE PRICE. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Site in connection with your purchase of the Products. Purchase Price is as listed on the PTR website at the time of purchase, and is subject to change. Pull The Ramp reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you hereby authorize Pull The Ramp to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase Prices exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by Pull The Ramp, shall be paid by you to Pull The Ramp in connection with your purchase order. Purchase orders are final and cannot be canceled.
2. PERMITTED USE OF THE WEBSITE
You agree that you are only authorized to visit, view and to retain a copy of pages of this Website for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Website for any purpose other than to review the information therein, for personal use, or to purchase products or subscriptions for your personal use, unless otherwise specifically authorized by Pull The Ramp to do so. The content and software on this Website is the property of Pull The Ramp, Inc. and/or its suppliers and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Website, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.
3. USER ACCOUNTS AND USER CONTENT
You are responsible for all activity occurring when this Website is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
PULL THE RAMP DOES NOT PRE-SCREEN OR APPROVE USER PROFILES, AND CANNOT GUARANTEE THAT A USER PROFILE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF THE PROFILE. PULL THE RAMP IS NOT RESPONSIBLE FOR THE CONTENT OF ANY USER PROFILE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY SUCH PROFILE, INCLUDING HOW THE OWNER OF THE PROFILE COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS. YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH THE SITE.
3.2 USER CONTENT: If you post, upload or make available to Pull The Ramp or the Services, or otherwise submit to or through Pull The Ramp as part of your use of the Services, including the Site, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to Pull The Ramp a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site,, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize Pull The Ramp to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
4. YOUR OBLIGATIONS AND RESPONSIBILITIES
- GENERAL OBLIGATION. You must only use the Services for Your own lawful internal purposes, in accordance with these Terms and any additional or amended terms and conditions posted on the Website and/or noticed to you by Pull The Ramp.
- REGISTRATION. If registration is required to use the Services, You must provide accurate complete information and keep Your account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than You without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in Your eligibility to use the Services, breach of security or unauthorized use of your account. You should never publish, distribute or post login information for your account. You shall have the ability to delete Your account, either directly or through a request made to one of our employees or affiliates.
- ACCESS CONDITIONS. You must ensure that all usernames and passwords required to access the Services are kept secure confidential. You must immediately notify Pull The Ramp of any unauthorized use of Your passwords or any other breach of security and Pull The Ramp will reset Your password. You must take all other actions that Pull The Ramp reasonably deems necessary to maintain or enhance the security of Pull The Ramp’ computing systems and networks and Your access to the Services.
- PROHIBITED USES. As a condition of use, You promise not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of Your activity in connection with the Services. When accessing and using the Services, You shall not (and shall not permit any third party to) either (i) take any action or (ii) upload, download, post, submit, transmit, input, or otherwise distribute or facilitate distribution of any User Content on or through the Services that:
- Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- You know is false, misleading, untruthful or inaccurate;
- is offensive, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, User Content, password or other information of Pull The Ramp’s or of any third party;
- may damage Pull The Ramp’s, or any other person or entity’s, computing devices or software or may in any way which may impair the functionality of the Services, Website, , or other systems used to deliver the Services or impair the ability of any other user to use the Services;
- constitutes an attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation;
- constitutes an attempt to undermine the security or integrity of Pull The Ramp’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
- constitutes an attempt to gain unauthorized access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
- impersonates any person or entity, including any of our employees or representatives; or
- includes anyone’s identification documents or sensitive financial information.
- USEAGE LIMITATIONS. Your use of the Services may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls You are permitted to make against Pull The Ramp’s application programming interface. Any such limitations will be specified within the applicable Services. Pull The Ramp reserves the right to deny or terminate Services to users who generate excessive calls to third party APIs.
- AFFILIATE PROGRAM. From time to time, Pull The Ramp may implement an affiliate program through which entities may help Pull The Ramp obtain end users in exchange for an affiliate referral fee. The terms of the affiliate program will be specified by Pull The Ramp at the time of implementation with an affiliate.
- COMMUNICATION CONDITIONS. As a condition of these Terms, if You use any communication tools available through the Services (such as any forum, chat room or message center), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use). When You make any communication on the Services, You represent that You are permitted to make such communication. Pull The Ramp shall have the option to monitor and review the communications in any forum, chat room or message center on the Website. Notwithstanding the foregoing, Pull The Ramp is under no obligation to ensure that the communications on the Services are legitimate or that they are related only to the use of the Services. As with any other mobile- or web-based forum, You must exercise caution when using the communication tools available on the Services. However, Pull The Ramp does reserve the right to remove any communication at any time in its sole discretion.
- SOCIAL MEDIA WEBSITES. Pull The Ramp may encourage online interactions on social media platforms. Any content you post, such as pictures, comments, information, opinions, or any personal information that you make available to other participants on these social platforms, is subject to the Terms & Conditions and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
- INDEMNITY. You agree to defend, indemnify, and hold harmless Pull The Ramp, its affiliates, and each of its respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to Your use or misuse of, or access to, the Services, including Your violation of the Terms, infringement by You or any third party using Your account or identity in the Services of any intellectual property or other right of any person or entity, and Your breach of any of these Terms or any obligation You may have to Pull The Ramp. We reserve the right to assume the exclusive defense control of any matter otherwise subject to indemnification by You, in which event You will assist cooperate with us in asserting any available defenses.
5. INTELLECTUAL PROPERTY
- GENERAL. Except as expressly provided herein, Pull The Ramp alone retains all Intellectual Property Rights relating to the Services. “Intellectual Property Rights” mean any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered. Any suggestions, ideas, enhancement requests, feedback, recommendations or other information or documentation provided by You relating to the Services (“Feedback”) shall be assigned by You to Pull The Ramp. Pull The Ramp will be free to use or disseminate Feedback. You will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under these Terms.
- OWNERSHIP OF USER CONTENT. You shall retain all Intellectual Property Rights (if any) in Your User Content hereby grant Pull The Ramp a license to use, copy, transmit, store, and back-up Your information and User Content for the purposes of enabling You to access and use the Services and for any other purpose related to provision of the Services to You. “User Content” means any user content and/or information inputted by You or on Your behalf into the Website. You also hereby grant Pull The Ramp a license and right to use the User Content anonymously and in the aggregate to improve the Services and provide the Services to other customers.
- BACKUP OF USER CONTENT. You must maintain copies of all User Content inputted into the Services. Pull The Ramp adheres to industry-standard policies and procedures to prevent User Content loss, but does not make any guarantees that there will be no loss of User Content. Pull The Ramp expressly excludes liability for any loss of User Content no matter how caused.
- THIRD PARTY APPLICATIONS AND YOUR USER CONTENT. The Services may permit You to link to certain other websites, services or resources (“Third-Party Applications”) on the Internet, including but not limited to clothing designers’ Third-Party Applications, and certain Third-Party Applications may contain links to the Services. If You choose to enable Third-Party Applications for use in conjunction with the Services, You do so at Your own risk. These Third-Party Applications are not under our control. You acknowledge that Pull The Ramp may allow the providers of those Third-Party Applications to access Your User Content as required for the interoperation of such Third-Party Applications with the Services. You further acknowledge and agree that Pull The Ramp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third-Party Application, or for any disclosure, modification or deletion of Your User Content by any Third-Party Applications. Pull The Ramp is not responsible for the privacy practices of any Third-Party Applications, and urges You to read the privacy policies of any Third-Party Applications before enabling their use in conjunction with the Services.
- THIRD PARTY CONTENT. Content from other users, suppliers, advertisers, designers, and other third parties, including Third-Party Applications, may be made available to You through the Services. Because Pull The Ramp does not control such content, You agree that Pull The Ramp is not responsible for any such content. Pull The Ramp does not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and Pull The Ramp assumes no responsibility for unintended, offensive, indecent, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. You understand that by using the Services You may be exposed to third-party websites that You find. Pull The Ramp makes no warranty, representation, endorsement, or guarantee regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third-Party Applications accessible from the Website . Pull The Ramp provides these links for Your convenience only and does not control such websites. Pull The Ramp’ inclusion of links to such websites does not imply any endorsement of the materials on such Third-Party Applications or any association with their operators. The Services may contain links to websites that are operated by Pull The Ramp but which operate under different terms.
- It is Your responsibility to review the privacy policies and terms of service of any other website or mobile application that You visit. YOU AGREE THAT IN NO EVENT WILL PULL THE RAMP BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.
6. WARRANTIES AND ACKNOWLEDGEMENTS
- AUTHORITY. You warrant that where You have registered to use the Services on behalf of another person or entity, You have the authority to agree to these Terms on behalf of that person or entity and to bind that person or entity to perform any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
- ACKNOWLEDGEMENT. You acknowledge that: You are also authorized to access the processed information and User Content that is made available to You through Your use of the Website and the Services (whether that information and User Content is Your own or that of anyone else).
- Pull The Ramp has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than Yourself (whether a body corporate or otherwise) You acknowledge and agree that:
- You are responsible for (i) ensuring that You have the right to do so; and (ii) authorizing any person or entity who is given access to User Content;
- You agree that Pull The Ramp has no obligation to provide any person or entity access to such information or User Content without Your authorization and may refer any requests for information to You to address; and
- You will indemnify Pull The Ramp against any claims or loss relating to:
- Pull The Ramp’s refusal to provide any person access to Your information or User Content in accordance with these Terms,
- Pull The Ramp’s making available information or User Content to any person with Your authorization.
- Pull The Ramp does not warrant that use of the Services will be uninterrupted or error-free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Pull The Ramp is not in any way responsible for any such interference or prevention of Your access or use of the Services.
- It is Your sole responsibility to determine that the Services meet Your needs are suitable for the purposes for which they are used.
- You remain solely responsible for complying with all applicable laws. It is Your responsibility to check that storage of and access to Your User Content via the Services and the Website will comply with laws applicable to You.
- WARRANTY DISCLAIMER: THE SERVICES PROVIDED BY PULL THE RAMP TO YOU ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. PULL THE RAMP HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE. PULL THE RAMP DOES NOT WARRANT THAT THE SERVICES WILL BE ACCURATE OR OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES; IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING HOW TO PARTICIPATE IN ANY PULL THE RAMP ACTIVITIES AND SERVICES IN A SAFE, RESPONSIBLE, APPROPRIATE AND LAWFUL MANNER. YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR CONSEQUENCE THAT MAY ARISE AS A RESULT YOUR ENGAGEMENT WITH, PARTICIPATION IN THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITY OR CONSEQUENCE ARISING AS A RESULT OF ANY TRESPASS ON THE PROPERTY OF ANOTHER, BODILY INJURY OR DEATH CAUSED TO YOU OR ANOTHER, PROPERTY DAMAGE EXPERIENCED BY YOU OR ANOTHER OR ANY OTHER HARM OF ANY KIND CAUSED TO YOU OR ANOTHER. THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR YOUR OWN REASONED DECISION MAKING. YOU MUST NOT RELY ON THE SERVICES IN ISOLATION FROM YOUR OWN JUDGMENT.
7. LIMITATION OF LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, PULL THE RAMP EXCLUDES ALL LIABILITY AND RESPONSIBILITY TO YOU (OR ANY OTHER PERSON) IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES, FOR ANY (I) LOSS (INCLUDING LOSS OF INFORMATION, USER CONTENT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROFITS AND SAVINGS), (II) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (III) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OF, OR RELIANCE ON, THE SERVICES. CERTAIN STATE LAWS MAY NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR FOR THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, PULL THE RAMP’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
- IF YOU SUFFER ANY DIRECT LOSS OR DAMAGE AS A RESULT OF YOUR USE OF THE SERVICES, ANY CLAIM BY YOU AGAINST PULL THE RAMP WILL BE LIMITED IN RESPECT OF ANY ONE INCIDENT, OR SERIES OF CONNECTED INCIDENTS, TO THE FEES PAID BY YOU IN THE PREVIOUS TWELVE (12) MONTHS. ANY REFERENCE TO PULL THE RAMP IN THIS SECTION ALSO INCLUDES ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- If You are not satisfied with the Services, Your sole and exclusive remedy is to terminate these Terms in accordance with Section 8 (Termination) below.
- NO FAULT TERMINATION: These Terms will be in effect and continue for any period you are using the Services. Pull The Ramp reserves the right for any or no reason to immediately:
- Terminate Your use of the Services and the Website;
- Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
- Suspend or terminate Your access to all or any User Content;
- Take any of the actions above with respect to any or all other persons whom You have authorized to have access to Your information or User Content.
- For the avoidance of doubt, Pull The Ramp may suspend or terminate Your use of the Services, the authority for all or any use of the Services, or Your rights of access to all or any User Content.
- ACCRUED RIGHTS: Termination of this Agreement is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
- remain obligated to refrain from any actions prohibited by the Terms that survive termination; and
- immediately cease to use the Services and the Website.
9. HELP DESK
- Technical Problems: In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Pull The Ramp. If You still need technical help, please check the support provided on the Website or email us at email@example.com
- Service availability: While Pull The Ramp intends that the Services should be available from 9:00 am to 6:00 pm PST during business days (Monday, Tuesday, Wednesday, Thursday and Friday), it is possible that on occasions the Services may be unavailable to permit maintenance or other development activity to take place. If for any reason Pull The Ramp has to interrupt the Services for longer periods than Pull The Ramp would normally expect, Pull The Ramp will use reasonable endeavors to publish in advance details of such activity on the Website.
10. ALTERNATIVE DISPUTE RESOLUTION
You agree that any dispute arising out of or relating to these Terms and Conditions, including the alleged breach, termination, validity, interpretation and performance thereof (“Dispute”) shall be resolved with the following procedures:
Upon written notice of any Dispute, the parties shall attempt to resolve it promptly by negotiation between executives who have authority to settle the Dispute and this process should be completed within 30 days (the “Negotiation”).
If the dispute has not been resolved by Negotiation in accordance with paragraph 10.1, then the parties shall proceed to mediation unless the parties at the time of the dispute agree to a different timeframe. A “Notice of Mediation” shall be served, signifying that the Negotiation was not successful and to commence the mediation process. The parties shall agree on a mediator; however, if they cannot agree within 14 days then a mediator will be chosen by an arbitrator selected pursuant to the rules of the American Arbitration Association (“AAA“) who will then select such mediator from a list of distinguished neutral mediators maintained by the AAA. The mediation session shall be held within 45 days of the retention of the mediator, and last for at least one full mediation day, before any party has the option to withdraw from the process. The parties may agree to continue the mediation process beyond one day, until there is a settlement agreement, or one party or the mediator states that there is no reason to continue because of an impasse that cannot be overcome and sends a “notice of termination of mediation.” All reasonable efforts will be made to complete the mediation within 30 days of the first mediation session.
During the course of the mediation, no party can assert the failure to fully comply with paragraph 10.1, as a reason not to proceed or to delay the mediation. The service of the Notice of Mediation shall stay the running of any applicable statute of limitations regarding the Dispute until 30 days after the parties agree that the mediation is concluded or the mediator issues a Notice of Impasse. Each side shall bear an equal share of the mediation costs unless the parties agree otherwise.
All communications, both written and oral, during Negotiation and Mediation are confidential and shall be treated as settlement negotiations for purposes of applicable rules of evidence; however, documents generated in the ordinary course of business prior to the Dispute, that would otherwise be discoverable, do not become confidential simply because they are used in the Negotiation and/or Mediation process.
The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.
Any Dispute not resolved through negotiation or mediation in accordance with paragraphs A and B shall be resolved by final and binding arbitration in accordance with the rules of the AAA. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration will be held in the State of California using one arbitrator, unless the Dispute exceeds one million dollars (USA) in which case there shall be three neutral arbitrators, as a panel. The arbitrators may award costs and/or attorneys’ fees to the prevailing party. The parties understand that arbitration is final, binding and conclusive upon you and Pull The Ramp and your and Pull The Ramp’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence and that they are waiving their rights to other resolution processes (such as court action or administrative proceeding). In no event shall either you or Pull The Ramp be entitled to punitive, special, indirect or consequential damages and both you and Pull The Ramp hereby waive your and Pull The Ramp’s respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. By using Pull The Ramp you consent to these restrictions and give up your right to participate in or bring class actions.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Pull The Ramp, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in California. You also acknowledge and understand that, with respect to any dispute with the Pull The Ramp arising out of or relating to your use of the Website, purchase of the Pull The Ramp Services, or these Terms: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
In the event of any legal proceeding between any the party to these Terms and Conditions to enforce or defend the terms hereof, the prevailing party shall be paid all costs of such legal proceeding, including but not limited to reasonable and necessary attorney’s fees, court costs, travel, etc., by the other party.
- MODIFICATION: Pull The Ramp reserves the right, in its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website and/ or by sending You notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict Your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also Your responsibility to check these Terms periodically for changes. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes, which will apply to Your continued use of the Services going forward. Your use of the Services is subject to the Terms in effect at the time of such use.
- FORCE MAJOURE. Pull The Ramp shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
- ASSIGNMENT. These Terms are personal to You, and You may not assign, transfer or sublicense (except as expressly permitted hereunder) Your license and/or right hereunder without Pull The Ramp’s written consent. Pull The Ramp may assign, transfer or delegate any of its rights and obligations hereunder without consent.
- AGENCY. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms.
- NO WAIVER. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide You with written notice of such waiver through one of our authorized representatives.
- HEADINGS: section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
- GOVERNING LAW AND JURISDICTION: These Terms shall be governed by construed in accordance with the laws of the State of California, including its conflict of law rules, and the laws of the United States. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and federal courts in the State of California.
- SEVERABILITY: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- NOTICES: Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission or receipt. Notices to Pull The Ramp must be sent to firstname.lastname@example.org or to any other email address notified by email to You by Pull The Ramp. Notices to You will be sent to the email address which You provided when setting up Your access to the Services.