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Copyright, Licensing and Disclaimer
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Disclaimer
This material
is for informational purposes only and is not a contract. It is
intended
to provide a general description of products and services. The Information
contained in this site is being provided with the understanding that
it is not intended to be interpreted as specific legal or tax advise.
Individuals are encouraged to seek the guidance of their own personal
legal or tax counsel. Please remember that only an insurance policy
or contract can give actual
terms, coverage's,
amounts, conditions and exclusions. For complete descriptions of the
terms, conditions and exclusions of insurance coverage's or other
products
or services, please contact your independent agent or refer to the
policy or service contract. Links to other internet sites that are
not maintained
by RubyGold may be accessed through this Web site. Such external internet
addresses contain information created, published, maintained or
otherwise
posted by organizations and entities independent of RubyGold. RubyGold
is not responsible for the content of those sites nor does it approve,
endorse or certify information available at any external site or linked
addresses contained herein.
Up 
Terms of Use
Up
RubyGold
Financial, LLC. TERMS OF SERVICE
FOR THE RubyGold.com WEB SITE
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY. THESE ARE THE GENERAL
TERMS AND CONDITIONS GOVERNING YOUR USE OF OUR WEB SITE AND OUR SERVICES.
The
RubyGold Financial Limited Liability Company ("RubyGold",
"we", "our", "us") provides this Web site
and the materials located at and under the domain name rubygold.com
(collectively, this "Site") and any RubyGold services offered
on this Site (which collectively with this Site are referred to as the
"Services") to you, the user, subject to compliance with these
terms and conditions below relating to this Site and the Services (collectively,
this "Agreement").1. USE OF WEB SITE RubyGold provides the
Services for users of this Site to provide information and relating
to insurance and financial products offered by RubyGold and its affiliates.
As a condition to your use of this Site and the Services you agree
that
you will not: (i) use this Site or the Services to infringe the intellectual
property rights of others in any way; (ii) use this Site or the Services
or make any attempt to penetrate, modify or manipulate this Site or
the Services or any of RubyGold's hardware or software in order to:
invade the privacy of, obtain the identity of, or obtain any personal
information about (including but not limited to IP addresses of) any
RubyGold's account holder or user, or modify, erase or damage any information
contained on the computer of any user connected to the Services; or
(iii) reverse engineer any portion of the Services. The information
contained on this Site is provided solely for general informational
purposes and is not intended to be a solicitation or an offer to sell
in connection with any product or service, nor is the information a
complete description of all terms, conditions and exclusions applicable
to the products and services described. RubyGold is not engaged in
rendering
legal or any other advice. You are not a client of RubyGold merely
by visiting this Site. Your insurance needs are no doubt particular
to
your individual circumstances, and RubyGold does not purport, by means
of this Site, to offer information appropriate or suitable to your
individual
circumstances. For complete descriptions of the terms, conditions and
exclusions of insurance coverage's or other products or services, please
contact your independent agent. Products and services referenced herein
may not be available in all jurisdictions. The information contained
on this Site was believed to be accurate at the time it was posted.
RubyGold periodically updates the information on this Web site; however,
RubyGold provides all information on this Site on an "as is"
and "as available" basis and takes no responsibility for the
timeliness, accuracy or applicability of the information at the time
it may be accessed. Links on this Site may provide access to other Internet
sites that are not maintained or controlled by RubyGold. Such external
Internet addresses contain information created, published, maintained
or otherwise posted by organizations and entities independent of RubyGold.
RubyGold is not responsible for the content of those sites. Links on
this Site may also provide access to other entities affiliated with
RubyGold. This Agreement applies only to the Services offered at the
RubyGold Site. Your use of any Web site not under the domain name rubygold.com
will be subject to the terms and conditions posted on that Web site.
RubyGold takes no responsibility and assumes no liability for any content
posted by any third party or on any third party Web site, nor does RubyGold
approve, endorse or certify information available at any external site
or linked addresses. 2. COPYRIGHTS AND TRADEMARKS All content included
on this Site, such as text, graphics, logos, button icons, images, audio
clips, digital downloads, data compilations, and software, the compilation
of all content on this Site, and all software used on this Site are
the property of RubyGold, its affiliates or its content suppliers, and
are protected by United States and international copyright laws. Trademarks
owned by RubyGold or its affiliates, the RubyGold logo, and all other
trademarks, service marks, and trade names (collectively, "Marks")
of RubyGold or its affiliates appearing on this Site are owned by RubyGold,
its affiliates or its licensor(s). Nothing in this Agreement or on the
Site grants you any right or license to make any use of any materials
or Marks on this Site other than as described in following paragraph.
You are only authorized to visit, view and retain a single copy of pages
of this Site solely for your own individual, noncommercial use, and
that you will not duplicate, download, publish, modify or otherwise
distribute any material on this Site for any purpose other than your
own individual, noncommercial use unless otherwise specifically authorized
by RubyGold. We post legal notices and various credits on pages of this
Site and the Services, which you may not remove even from your permitted
copy. 3. PROHIBITED ACTIVITIES ON THE SITE It is a condition of your
use of the Services and this Site that you do not restrict or inhibit
any other user from using and enjoying the Services or any RubyGold
property or system, or use this Site or any of the Services to:·
Engage in or encourage fraudulent conduct or conduct that would constitute
any other criminal offense or give rise to civil liability; ·
Distribute in any manner any harmful, obscene or otherwise illegal or
objectionable material of any kind; · Spoof or otherwise impersonate
any individual or entity, or forge, delete or alter any part of TCP/IP
packet header information in any e-mail or other posting; · Violate
or attempt to violate, the security of the Services; · Infringe
on any person's copyright or other intellectual property rights (be
advised that you may be ordered by a court to pay money damages to the
rightful owner of any intellectual property rights you violate); or
· Assist or permit any persons in engaging in any of the activities
described above. 4. CONSEQUENCES OF UNACCEPTABLE USE. We reserve all
rights, including without limitation the right to investigate and to
involve and cooperate with law enforcement authorities, and to pursue
a civil lawsuit or criminal prosecution for any alleged or actual illegal
activities involving this Site or any of the Services, as well as the
right to terminate your access to the Site or the Services. 5. INFORMATION
YOU SUBMIT We use the information you submit to us by e-mail and through
our "call me back" pages and other pages we may add from time
to time, to respond to your inquiries for information or requests for
Services. Our use of any information you submit to us in order to use
the Services is subject to the terms and conditions of our Privacy Statement,
which forms a part of this Agreement. Nonetheless, RubyGold reserves
the right at all times to disclose any information as necessary to satisfy
any law, regulation or governmental request or avoid liability. When
you complete forms online or otherwise provide us information in connection
with the Site and Services, you agree to provide current, complete,
true and accurate information. You agree not to use a false or misleading
name or a name that you are not authorized to use. If RubyGold in its
sole discretion believes that any such information is untrue, inaccurate,
not current or incomplete, RubyGold may refuse you access to our Services,
and pursue any appropriate legal remedies. The Site may use "cookies"
to store some personal preferences for your future visits to the Site.
Cookies tell RubyGold, among other things, whether you have visited
the Site before. In some cases RubyGold may store the information needed
to grant you access in a cookie. Cookies allow the Site to recognize
you more quickly so your time spent on the Site is more productive.
You can learn more about cookies at http://www.cookiecentral.com. We
may monitor data as may be necessary to meet legal, federal, state and
other regulatory requirements. 6. WARRANTY DISCLAIMER YOU ACCESS AND
USE THIS SITE AND ANY OF THE SERVICES OFFERED ON THIS SITE AT YOUR SOLE
RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED
OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY,
TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT,
OR SYSTEM INTEGRATION. COMPANY DOES NOT WARRANT THAT THE SITE AND ANY
SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE
MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. RUBY GOLD DOES NOT
WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE IS APPROPRIATE,
ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING
IT FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY
PROHIBITED. Some jurisdictions do not allow exclusion of certain implied
warranties, so the above exclusions may not apply to you. 7. LIMITATION
OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED
TO THIS AGREEMENT OR THE USE OF ANY OR ALL OF THE SERVICES, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION
OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE
FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY FOR ANY REASON
AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE,
STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT
OF OR IN ANY WAY RELATED TO THE SITE, THE SERVICES OR THIS AGREEMENT
SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO
HUNDRED FIFTY DOLLARS ($250). THE LIMITATION OF LIABILITY HEREIN APPLIES
TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITE OR ANY
OTHER PART OF THE SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING
TO THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A COMPANY DOING
BUSINESS IN CALIFORNIA, USER HEREBY WAIVES CALIFORNIA CIVIL CODE §1542,
WHICH SAYS: "A general release does not extend to claims which
the creditor does not know or suspect to exist in his favor at the time
of executing the release, which if known by him must have materially
affected his settlement with the debtor."8. INDEMNITY You agree
to indemnify and hold RubyGold and its affiliates harmless, and, at
RubyGold's request, to defend RubyGold and its affiliates from and against
any claim, demand, cause of action, debt, loss or liability, including
reasonable attorneys' fees, to the extent that such action is based
upon, arises out of, or relates to: (i) your use of (or inability to
use) the Services; (ii) your violation of the terms and conditions of
this Agreement; (iii) the infringement by you, or any other person using
your password and account, of any right of any person or entity; or
(iv) any other activities of yours accomplished using the Services.
This indemnity shall be in addition to and not limited by any other
indemnity. 9. ORDER OF PRECEDENCE This Agreement governs your use of
the Site and access to the Services. To the extent that any provision
of this Agreement, or any supplemental agreement offered as any part
of any registration for additional Services on this Site, conflicts
with any provision of other agreements between you and RubyGold or any
of its related or affiliated entities, the terms of this agreement,
shall, as to the specific subject matter of this agreement, take precedence
over the conflicting term(s) of that other Agreement. 10. APPLICABLE
LAWS This RubyGold Web site is controlled by RubyGold from its offices
within the State of New York and, subject to Section 9 above, the substantive
laws of the State of New York will govern any dispute arising under
this Agreement, without regard to any conflict of laws provisions. 11.
DISPUTE Resolution If a dispute arises out of or relates to this Agreement
or its breach (with the exception of rights to injunctive relief with
respect to Intellectual Property Rights and obligations with respect
to confidentiality), and the parties have not been successful in resolving
the dispute through direct negotiation, then (i) the dispute shall be
resolved by arbitration administered by the American Arbitration Association
under its Commercial Arbitration Rules, (ii) any judgment on the award
rendered by the arbitrator(s) may be entered in any court of competent
jurisdiction, (iii) the location of the arbitration shall be Smithtown,
New York, USA, and (iv) the parties shall have the right to take discovery
of the other party by any method allowed by the Federal Rules of Civil
Procedure. The arbitrator(s) shall each be a natural person who has
never been employed (either as an employee or as an independent consultant)
by either of the parties, or any parent, subsidiary or affiliate thereof.
The arbitrator(s) may upon request exclude from in the arbitration proceeding
any evidence not made available to the other party pursuant to a proper
discovery request. The arbitrator(s) shall issue a reasoned award. The
cost of the arbitration shall be borne equally by the parties pending
the award. Upon the decision of the arbitrator(s), the prevailing party
shall be entitled to receive from the other party its reasonable attorneys'
fees and costs. The parties, their representatives, other participants,
the arbitrator(s) and the administrator(s) of the arbitration shall
hold in confidence the existence, content and outcome of the arbitration.
12. GENERALLY RubyGold may amend these Terms of Service or any other
notices, policies, terms and conditions on this Site at any time by
updating this posting or otherwise posting the changes to this Site.
Accordingly, you should visit this Site from time to time to review
the then-current and effective terms and conditions because they are
binding on you. Certain provisions of these terms and conditions may
be superseded by expressly designated legal notices or terms located
on particular pages at this Site or in conjunction with the Services.
No delay or failure to take action under such terms and conditions will
constitute a waiver by RubyGold unless expressly waived in writing by
a duly authorized officer of RubyGold. Subject to the terms of Section
9 of this Agreement for this Site, this Agreement constitutes the entire
agreement between you and RubyGold with respect to the specific subject
matter addressed herein, and governs your use of the Services, superseding
any prior agreements between you and RubyGold relating to such subject
matter, but this Agreement may be supplemented by any other agreement
you enter into with RubyGold pursuant to a registration to access certain
features of the Site. If any provision of this Agreement is found by
a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and that the other provisions
of this Agreement remain in full force and effect. The section headings
used in this Agreement are for convenience only and have no legal or
contractual effect. Without limiting the foregoing, RubyGold's Services
at the Site are not intended for use by or availability to minors. IF
YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU
ARE UNDER 18 YEARS OF AGE, YOU MAY NOT ACCESS THE SITE OR USE THE SERVICES.
IF SO, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND DO NOT
ACCESS THE SITE. BY USING OR ACCESSING THIS SITE OR THE SERVICES, YOU
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND
BY THESE TERMS OF SERVICE.
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