TERMS OF USE

Section 1 – Usage

(a) This website is owned and operated by RuzzMan, LLC (“RuzzMan”, “we” or “us” as appropriate). Visitors of this or other website owned and operated by RuzzMan shall hereinafter be referred to as a “User” or “Users”, or “you” or “your” as appropriate, including without limitation persons who access a RuzzMan website, purchase product(s), or register for information, updates, promotions or special offers on this website. Your use of RuzzMan's products, services and websites (referred to collectively as the “Services” in these terms of use) is subject to the following terms and conditions of use and forms a legal agreement between you and RuzzMan (said legal agreement hereinafter referred to as the “Terms of Use”). The Terms of Use shall include the RuzzMan Privacy Policy, the terms of which are incorporated herein by reference.

(b) Before you may become a User of RuzzMan Services, you must read and accept all Terms of Use contained in, and linked to or from, this document and the RuzzMan Privacy Policy (referred to below and incorporated herein by reference). These Terms of Use (as they may be amended from time to time) are effective on acceptance for all Users.
(c) You acknowledge and agree that your use of RuzzMan Services will always include the terms and conditions set forth in this document and any terms and conditions developed by RuzzMan of which you are notified or which become a part hereof by your acceptance. These Terms of Use and any additional terms will be accessible for you to read either within, or through your use of, any Service.

Section 2 - Acceptance of Terms of Use

(a) Prior to your use of any of the Services, you must first review and agree to the Terms of Use. You may not use the Services if you do not accept the Terms of Use.

(b) Your actual use of the Services shall serve as your acceptance of the Terms of Use. You understand and agree that RuzzMan will treat your use of the Services as acceptance of the Terms of Use and rely on such acceptance in providing any such Service to you.

(c) You may not use the Services and may not accept the Terms of Use if (i) you are not of legal age to form a binding contract with RuzzMan, (ii) you are a person barred from receiving the Services under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the Services, or (iii) you are temporarily or indefinitely suspended from any RuzzMan website or from use of any of the Services.

Section 3 - Use of Services; Acknowledgments

(a) While using RuzzMan, you covenant and agree:
(i) You will not: (A) violate any laws, third party rights, or our policies such as the Privacy Policy; (B) post false, inaccurate, misleading, defamatory, or libelous content (including personal information) on this or any other website, regardless of whether owned or operated by RuzzMan; (C) distribute viruses or any other technologies that may harm the interests or property of RuzzMan, or the interests or property of other RuzzMan Users; (D) copy, modify, or distribute content from the RuzzMan websites and RuzzMan's copyrights and trademarks, without the express prior written consent of an authorized RuzzMan representative; or (E) harvest or otherwise collect information about Users, including but not limited to email addresses and other personal or technical data, without their prior consent;
(ii) In order to access certain Services, you may be required to provide personal information (such as name, address and other contact information), including Data as defined in the Privacy Policy, as part of the registration process, or as part of your continued use of the Services. You further covenant and agree that any personal information you provide to RuzzMan will be accurate, correct and current;
(iii) You will use the Services only for purposes that are permitted by (A) the Terms of Use and (B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(iv) You will not access (or attempt to access) any of the Services by any means other than through the interface that is provided by RuzzMan, unless you have been specifically authorized to do so in a separate written agreement with RuzzMan. You specifically agree not to access (or attempt to access) any of the Services through any automated means.
(v) You will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);
(vi) You will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose;
(vii) You are solely responsible for (and RuzzMan has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which RuzzMan may suffer) of any such breach.

(b) You acknowledge and agree that:
(i) The form and nature of the Services which RuzzMan provides may change from time to time without prior notice to you;
(ii) RuzzMan may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at RuzzMan's sole discretion, without prior notice;
(iii) You may stop using the Services at any time without notice to RuzzMan.

Section 4 – Use of Personal Information

In the normal course of doing business, it is frequently necessary for us to request from you personal information that may be used to identify you or to process or administer purchases made through a RuzzMan website, to collect payments, to contact you about your order and/or to respond to your inquiries. You acknowledge and understand that through your access of the RuzzMan websites and use of the Services, you consent to the collection and use (as set forth in the Privacy Policy) of your Data as defined therein, and other personal information, including the sale, transfer and/or dissemination of this information to third parties. Your submission of such personal information to RuzzMan is always voluntary; provided, however, certain information may be obtained and used just by your access to the RuzzMan websites. You acknowledge and agree that your personal information is subject to and may be sold, transferred or otherwise disseminated in accordance with our Privacy Policy. For more information, see the full Privacy Policy contained on this website.

Section 5 – Content

(a) You acknowledge and understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole property of and responsibility of the person or entity from which such content originated. All such information is hereinafter referred to as the “Content.”

(b) You further acknowledge and agree that Content presented to you as part of the Services, including but not limited to any advertisements or sponsored Content contained within in the Services, may be protected by intellectual property rights which are owned by the advertisers and manufacturers who provide that Content to RuzzMan (or by other persons or companies on their behalf). You covenant and agree that you may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically granted rights to do so by RuzzMan or by the owners of that Content, in a separate written agreement.

(d) The Services may include hyperlinks to other websites, content or resources. RuzzMan has no control over any websites or resources provided by companies or persons other than RuzzMan. You acknowledge and agree that RuzzMan is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.

Section 6 - Proprietary Rights

(a) You acknowledge and agree that RuzzMan (or RuzzMan's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services, including but not limited to the name LEDdimTM, whether those rights happen to be registered or not, and wherever in the world those rights may exist.

(b) Unless RuzzMan has expressly agreed otherwise in a prior written document, nothing in the Terms of Use gives you a right to use any of RuzzMan's trade names, trademarks, service marks, logos, domain names, and other brand features.

(c) You covenant and agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.

Section 7 – Termination; Survival of Terms of Use

(a) You agree that RuzzMan may under any circumstances and without prior notice temporarily or indefinitely suspend you from any RuzzMan website or from use of any of the Services.

(b) You acknowledge and agree that all of the legal rights, obligations and liabilities that you and RuzzMan have benefited from, been subject to (or which have accrued over time whilst the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 4, 8, 9, 10, 11 and12 shall continue to apply to such rights, obligations and liabilities indefinitely.

Section 8 – Disclaimer of Warranties

(a) NOTHING IN THESE TERMS OF USE, INCLUDING SECTIONS 9 AND 10, SHALL EXCLUDE OR LIMIT RUZZMAN'S WARRANTY OR LIABILITY FOR LOSSES TO THE SOLE EXTENT TO WHICH THE SAME MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

(b) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

(c) RUZZMAN IS NOT RESPONSIBLE FOR EVENTS BEYOND ITS CONTROL, INCLUDING BUT NOT LIMITED TO UNAVAILABILITY OF PRODUCTS OR UNAVAILABILITY OF ANY RUZZMAN WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RUZZMAN OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. SPECIFICALLY, RUZZMAN MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT:
(i) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
(ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
(iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
(iv) THAT THE QUALITY, OPERATION OR FUNCTIONALITY OF ANY PRODUCTS PURCHASED OR OBTAINED BY YOU WILL MEET ANY SPECIFIC REQUIREMENTS.

(d) RUZZMAN FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Section 9 – Limitation of Liability

(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT RUZZMAN AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU FOR:
(i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, AND THAT THIS LIMITATION SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (A) ANY CHANGES WHICH RUZZMAN MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES; (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (C) YOUR FAILURE TO PROVIDE RUZZMAN WITH ACCURATE PERSONAL INFORMATION; (D) YOUR USE OF OR ANY INABILITY TO USE A RUZZMAN WEBSITE, (E) YOUR USE OF OR INABILITY TO USE ANY OF PRODUCT PURCHASED ON A RUZZMAN WEBSITE; OR (F) YOUR ABILITY TO ACCESS OR THE AVAILABILITY OF OR TO EXTERNAL WEBSITES OR RESOURCES WITH HYPERLINKS ON A RUZZMAN WEBSITE, OR YOUR RELIANCE ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, PRODUCTS, CONTENT OR OTHER MATERIALS ON, OR AVAILABLE FROM, SUCH WEBSITES, CONTENT OR RESOURCES.

(b) THE LIMITATIONS ON RUZZMAN'S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT RUZZMAN HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Section 10 – Indemnification

You will indemnify, defend and hold RuzzMan (and subsidiaries and affiliates and our respective officers, directors, agents, joint ventures and employees), harmless from any costs, expenses, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your breach or violation of the Terms of Use, your use of the Services, or your violation of any law or the rights of any third party.

Section 11 – Changes to the Terms of Use

(a) You acknowledge and understand that RuzzMan may make changes to the Terms of Use from time to time. When these changes are made, RuzzMan will make a new copy of the Terms of Use available on this and other RuzzMan websites.

(b) You understand and agree that if you use the Services after the date on which the Terms of Use have changed, RuzzMan will treat your use as acceptance of the updated Terms of Use.

Section 12 – Miscellaneous

(a) These Terms of Use (as they are amended from time to time) and the Privacy Policy set forth the entire agreement between you and RuzzMan with respect to the subject matter hereof and supersedes all previous agreements and understandings, whether oral or written, relating to such subject matter. These Terms of Use and the Privacy Policy shall be binding upon, and shall inure to the benefit of, the parties' heirs, successors and assigns.

(b) If any provision, term or condition of these Terms of Use is found invalid or unenforceable, the remaining provisions will be given effect as if the invalid or unenforceable provision were not a part of the Terms of Use.

(c) The substantially prevailing party in any judicial action brought to enforce the provisions of these Terms of Use shall be entitled to recover their costs and expenses from the losing party, including reasonable attorneys' fees, incurred in the preparation for, investigation of and the filing and prosecuting or defending such action.

(d) You agree that if RuzzMan does not exercise or enforce any legal right or remedy which is contained in the Terms of Use (or which RuzzMan has the benefit of under any applicable law), this will not be taken to be a waiver of RuzzMan's rights or remedies and that those rights or remedies will still be available to RuzzMan.

(e) You agree that no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

(f) These Terms of Use shall be governed by the laws of the State of Maryland, without regard to conflicts of law rules. You agree that regardless of any statute or law to the contrary, any legal actions against RuzzMan shall be commenced within one (1) year of the date on which the incident or action occurred that serves as the basis for the claim(s) or the same shall be forever barred. You and RuzzMan understand and agree that all claims against RuzzMan shall be brought in the courts of Howard County in the State of Maryland. You and RuzzMan agree to submit to the personal and exclusive jurisdiction of these courts and waive any objections to venue or forum.