Terms of Service

as of February 2023

Introduction:

These Terms of Service (the “Terms”) govern your use of the website ("samruttenberg.com”) operated by Sam Ruttenberg (“Mr. Ruttenberg”). By accessing or using the Website, you agree to be bound by these Terms, which include our Privacy Policy, and any additional terms to which you agree when using particular elements of the Website. If you do not agree to these Terms, do not use the Website.


Eligibility:

To use the Website, you must be at least 18 years old and have the capacity to enter into a legally binding agreement. If you are under 18 years old, you may only use the Website with the involvement of a parent or guardian.


Changes to the Terms:

We may modify these Terms at any time, and such modifications will be effective immediately upon posting the modified Terms on the Website. Your continued use of the Website following any such modification constitutes your agreement to be bound by the modified Terms.


Changes to the Website:

We may make changes to the Website, including to the content, functionality, and availability, at any time, without notice.


User Content:

The Website may allow you to upload, submit, store, send or receive content, including but not limited to text, photographs, and videos (“User Content”). You retain all rights in, and are solely responsible for, the User Content you make available through the Website. By making any User Content available through the Website, you grant to us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Website and Sam Ruttenberg’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.


User Conduct:

You agree not to use the Website to:

a. upload, post, or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable;

b. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

c. upload, post, or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

d. upload, post, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

e. upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

f. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website; or

g. intentionally or unintentionally violate any applicable local, state, national, or international law.


Disclaimer of Warranty:

The Website and all content, materials, information, software, products, and services included in or available through the Website (collectively, the “Materials”) are provided on an "as is" and "as available" basis, and we make no representations or warranties of any kind, express or implied, as to the operation of the Website or the accuracy, completeness, or reliability of the Materials. You expressly agree that your use of the Website is at your sole risk. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Website will be uninterrupted or error-free, and we will not be liable for any interruptions or errors.


Limitation of Liability:

In no event shall Sam Ruttenberg be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, loss of profits, data, or use, incurred by the customer or any third party, whether in an action in contract, tort, or otherwise, arising from the use of the services provided by Sam Ruttenberg. The customer acknowledges that Sam Ruttenberg has set his prices and entered into this agreement in reliance upon the limitations of liability set forth herein, and that the same is an essential basis of the bargain between the parties. The customer agrees that the limitations of liability set forth in this agreement will survive and apply even if found to have failed of their essential purpose.