Service Terms and the Conditions of Use
Last Updated: April 19, 2021
Peter Rubi LLC (“Peter Rubi”, the “Company” “we,” “our,” or “us”) distributes and sells products and services to you when you visit or shop on our website or at our stores, use our mobile applications, or use software we provide in connection with any of the foregoing (collectively, the “Services”).
- YOU ARE OR ARE OLDER THAN THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE AND ARE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.
1. Contact Information
2. Our Services
Our Site: The Services comprise a technology platform that presents you with an online store from which you can select goods sold, packaged and delivered by Peter Rubi to your location. When you use the Services to place an order for goods, you authorize the purchase of those goods from Peter Rubi for each of the products you select and the delivery of those goods by Peter Rubi. Unless otherwise specified, you acknowledge and agree that Peter Rubi is acting as your agent in the packing and delivery of goods purchased by you. You agree that Peter Rubi will obtain a credit card authorization for your credit card on file with Peter Rubi to cover the cost of the goods you have purchased and any separate Peter Rubi fees, and your card will be charged for the goods purchased by you and any applicable fees, taxes and/or tips.
Peter Rubi may change the fees it charges for the Services. Your card will be temporarily authorized for an amount greater than the total amount of the purchase appearing in the original check out. This higher authorized amount will be disclosed during the purchase process and is a temporary authorization charge on your order, to deal with situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items or weight adjustments.
Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the delivery takes place.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and product availability. Peter Rubi reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged).
3. Use of the Site
During your use of the Site, you may be asked to provide personal information or data to us (including but not limited to (1) your name, telephone number, email address, or home or other physical address, and usage details regarding your internet connection and the physical equipment you use to access the Site; (2) your credit or debit card number, card expiration date, CVV code, check payment information, and billing/payment account address; and (3) shipping address in order to register for our Services, receive newsletters and other information about our products and services, or otherwise assist with your needs.
We may retain your information for the duration of your business or other relationship with us, and for a period thereafter to allow you to continue to your business relationship with us in the future, to analyze the data for our own operations, and for historical and archiving purposes. However, we shall not be responsible for maintaining any information that you provide to us, and we may delete or destroy any such information at any time.
We may collect information or data about you from various third parties, such as third parties whom we use to provide Services to you. From time to time, we may use third-party data to supplement the information or data of yours which we possess.
4. Security Features
We reserve the right to terminate your use of Site and/or Services in our sole and absolute discretion.
5. Accessing Our Site
The Site is not directed at children, and we do not solicit or knowingly collect any personal information from children under the age of eighteen (18). You must be at least eighteen (18) years of age or older and live in the United States in order to use this Site or any Services. If you are under the age of 18, you are hereby expressly notified that you are not permitted to provide any information through this Site, for any purpose, including seeking information or Services.
We are not responsible for monitoring or seeking verification of user qualification or age. However, if we learn that we have obtained information from a person under the age of eighteen (18), we will delete that information or data.
6. Exclusive Ownership Rights
The content and information posted on our Site and made available through our Services (“the Content”), and any copyrights, trademarks, service marks, or trade names, whether registered or not, are the property of the Company. We solely own and control all copyright and intellectual property rights on our Site or have received the permission to use them from other third parties. We do not grant or imply any ownership of the Site or its Content to you. You may view the Content on the Site on your personal computer or other internet device and make copies or prints of the content on the Site for your personal, non- commercial use only, so long as you do not alter these materials and that you ensure that any such copy acknowledges the Company as the original source. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
We do not grant any license or other authorization to any user of our trade names, trademarks, service marks or other marks or logos, or those of our partners, without our separate express written agreement. Third-party marks are the property of their respective owners. When you use the Site or Services, you agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any our or any third party’s intellectual property rights. We will immediately suspend and/or terminate any user who is found to have infringed our or a third party’s intellectual property rights while using the Site or Services.
7. Copyright Notice
If you have evidence, know, or have a good-faith belief that your rights or the rights of a third-party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information at the contact information listed above:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. User Accounts
We may enable you to establish an account on the Site with a user name and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account on the Site or any Services. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
9. Website Content
The Site contains general information provided “AS IS” and without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to any health or medical information on the Site. You must not rely on the information as an alternative to medical advice from your doctor or other professional healthcare providers. You should seek immediate medical attention if you think you may be suffering from an injury or any other medical condition. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in this website or any materials provided by the Company or its representatives, none of which is intended to be a substitute for medical diagnosis, advice or treatment.
If you suspect that you have a medical condition or are seeking help for a specific disease, consult a qualified medical professional.
10. Disclaimer of Warranties
If you have a dispute with one or more Third-Party Providers, you agree to release Peter Rubi (including Peter Rubi’s officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other jurisdictions), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her must, would have materially affected his or her settlement with the debtor or released party.”
U.S. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
If you should be dissatisfied with the Site, your sole remedy is to discontinue use. You should not rely on the Site to maintain any user data. You should retain all such data and information in your own records for use in the event that the Site fails or is unavailable, or the data or information is lost.
11. Limitation of Liability
This disclaimer of liability applies to any damages or injury which may be perceived by you, the website user, to be caused by the information or services on this Site, or by using this Site or its Services.
You agree to defend, indemnify and hold harmless Peter Rubi and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from: (i) your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation; (ii) any third party’s access or use of the Services using your Peter Rubi user account; or (iii) any dispute or issue between you and any third party, including without limitation any retailer (“Retailer”) or other Third-Party Provider
13. Links from our Site
You agree that Peter Rubi does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services, nor does Peter Rubi assume responsibility for your interactions with any Third-Party Provider (including a Retailer). If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services or you engage with any third-party provider, you agree that you do so at your own risk and that Peter Rubi will have no liability based on such purchase, use access, or engagement.
Our Site may contain links to other third-party websites or services. We provide these links for your assistance and information and as a convenience only. The existence of a linked website does not constitute an endorsement by us of the website or its content, products, services, advertising or other materials. We do not endorse any of these sites or their products, are not responsible for their content, and do not make any representations or warranties regarding the materials and products being sold on such linked third-party websites.
Should you decide to access or rely on information at linked third-party websites and/or purchase their products and/or services, you do so at your own risk.
14. Disputes and Arbitration
We control and operate this Site from our offices in the state of Illinois. We do not represent that materials on the Site are appropriate or available for use in other nations or other locations. By employing the Site and Services, we do not consent to jurisdiction, venue, or choice of law in or of any jurisdiction. Any dispute with respect to or arising from the Site or Services shall be governed by the laws of the State of Illinois without regard to its laws relating to choice of laws.
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. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Notwithstanding this mandatory arbitration provision, (a) you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis, and (b) you and Peter Rubi each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of a party’s intellectual property rights. In such case, you agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Illinois.
TRIAL BY JURY WAIVER: YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) BROUGHT AGAINST PETER RUBI, YOU AND PETER RUBI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.CLASS, COLLECTIVE, REPRESENTATIVE ACTION WAIVER: BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU AND PETER RUBI ARE EACH WAIVING THE RIGHT TO BRING, JOIN, OR PARTICIPATE IN, EITHER AS A PLAINTIFF OR CLASS MEMBER, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO ACKNOWLEDGE AND AGREE THAT, UNLESS YOU AND PETER RUBI OTHERWISE AGREE IN WRITING, ANY ARBITRATION OF ANY CLAIM(S) WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU FURTHER ACKNOWLEDGE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY IN YOUR FAVOR AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY YOUR INDIVIDUAL CLAIM(S), AND ANY RELIEF AWARDED CANNOT AFFECT OTHER PETER RUBI USERS. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION.
15. Effective Date and Modifications
You can stop using the Services at any time and without notice to us. Similarly, Peter Rubi may terminate access to the Services to you or any other users or stop offering the all or part of the Services at any time without notice. In the event of Termination, the Terms of this Agreement continue to apply to you.
17. Controlling Law
To the extent permitted by applicable law, these Terms will be governed by the laws of the State of Illinois. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 14 (Disputes & Arbitration) of these Terms shall be brought exclusively in the federal or state courts of Chicago, Illinois, USA and you and Peter Rubi consent to the personal jurisdiction of those courts.
18. Entire Agreement & Severability
These Terms, subject to any amendments, modifications, or additional agreements you enter into with Peter Rubi, shall constitute the entire agreement between you and Peter Rubi with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
19. No Waiver
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Peter Rubi may assign its rights, licenses, and obligations under these Terms without limitation.