Terms & Conditions
The Ringgold
Terms of Service and Use
Last Updated: May 5, 2022
Welcome to the website www.yasmenemumby.com (the “Site”) offered by The Ringgold (“Company” “we,” “us,” or “our”). These Terms of Service and Use (“Terms of Use” or “Agreement”) are entered into between Company and you (“Consumer,” “you” or “your”). Please carefully read the following Terms of Use as they govern your use of the Site and apply to your use of the Site, contact with us through the Site, and our related offerings and services (collectively referred to as the “Services”). By continuing to access and use the Site and Services, you agree to be bound by the following Terms of Use.
BEFORE YOU PROCEED, PLEASE BE SURE TO READ THESE TERMS OF USE. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS AND WAIVERS OF CLASS ACTION SUIT AND JURY TRIAL. BY USING THE SITE, SERVICES, OR SUBMITTING YOUR INFORMATION, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS WITHOUT ANY MODIFICATIONS OR ADDITIONS.
You acknowledge that all materials on the Site, including any copyrights, trademarks, patents, logos, designs, information, graphics, text, photos, videos, and other files (collectively the “Company IP”) are the property of Company and/or its licensors, and is subject to and protected by United States and international copyright and other intellectual property laws and rights. Company authorizes you to view the Company IP only for informational, personal, non-commercial purposes and it may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the express written consent of Company. You agree not to engage in the use, copying, or distribution of the Services, any of its contents or any data generated or produced using the Services for any commercial purpose. You agree not to circumvent, disable, or otherwise interfere with security related features of the Services. We may, but are not obligated to, periodically update the Site or Services to resolve bugs or add features and functionality. You do not acquire any ownership rights to the Services or to any contents contained on the Site or used within any purchased Services. All rights not expressly granted in these Terms of Use are reserved by Company and its respective licensors, affiliates, and contractors. You are solely responsible for your own use of the Site and Services.
The information on this Site is for general informational purposes only and is provided on an “as is” basis. Company makes no warranties of any kind, either express, implied, or statutory with respect to the Services, the completeness, security, reliability, accuracy, or availability of the Site.
The Company may share some of its successful results on the Site arising from customer use of the Services offered. These examples are not to be interpreted as a promise or a guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Site, and/or using the Services, you accept, agree, and understand that you are fully responsible for your own progress and results. We do not guarantee that you will get any results on a personal or professional level using any of our ideas, tools, strategies or recommendations, and nothing on the Site or in the Services offered herein are a promise, warranty, or guarantee to you of obtaining such results.
Further, you understand and acknowledge that Company is not a therapist, psychiatrist, nurse, counselor, physician, or medical professional. Nothing on this Site, or in its programs, packages or Services, is intended to take the place of a consultation with any medical professional.
Submitted Materials
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site, by e-mail or in any other way. Any and all comments, information, creative works, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent by you to us via any medium (including, for example and without limitation, photos, audio, video, social media, messages, online reviews, text, files, or other content which you submit or post to our business pages, message boards, comment sections, blogs, social media pages or feeds, tag us by using the @yasmene_ handle, or send to us via email or U.S. mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner for marketing or otherwise consistent with these Terms of Use and the Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in the Submitted Materials have been waived; (ii) that such Submitted Materials comply with these Terms of Use; and (iii) you grant us and our affiliates, subsidiaries and assigns a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, for any lawful purpose, including without limitation for promotional and/or commercial purposes. Without limiting the foregoing, you agree that if you choose to submit videos, photos, or comments to us via any medium (including those noted above with respect to all Submitted Materials), we may publish these videos, photos, or comments along with, at our sole discretion, your name, handle, and other information you have provided to us in our editorial publications in any form, media, or technology now known or later developed. By providing any Submitted Materials, you hereby consent to this. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time. You are solely responsible for creating backup copies of your Submitted Materials if you desire. Under no circumstances will Company be liable for any inaccuracy or defect in any Submitted Materials.
Third Party Websites
This Site may include links to other third-party websites (“Linked Sites”). These links are provided only for your convenience. We do not control, endorse, or approve any content on the Linked Sites and you access and enter the Linked Sites at your own risk. We encourage and recommend that you review the privacy policies and terms and conditions of the Linked Sites, as Company disclaims any and all liability in connection therewith.
When you communicate with us electronically and submit your information via email or otherwise, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Eligibility
You must meet any age, geographic, or other eligibility requirement under applicable law to use, access or participate in the Site and certain Services.
In connection with your use of the Site and Services, you expressly agree to our Privacy Policy (“Privacy Policy”). Please read the Privacy Policy carefully in order to learn more about how we use information that we collect from you when you access, visit or use the Services. The Privacy Policy is part of these Terms of Use, and by agreeing to the Terms of Use through use of the Services, you agree to be bound by the terms of the Privacy Policy, and you agree that we may use information collected from you in accordance with the Privacy Policy.
You may not access or use the Services for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Services in our discretion. These prohibited activities include, without limitation:
You acknowledge that we reserve the right, but have no obligation to: (i) take appropriate legal action against anyone who, in our sole determination, violates these Terms of Use, including, without limitation, reporting any such violation to law enforcement authorities; (ii) in our sole discretion, to refuse, restrict access to or availability of, or disable all or a portion of the Site or Services; and (iii) otherwise manage the Services in a manner designed to protect the rights and property of Company and to facilitate the proper functioning of the Services.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, LOSSES OR EXPENSES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR SERVICES, OR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS, OR SERVICES PROVIDED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, EVEN IF COMPANY OR ITS THIRD-PARTY SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY FOR ANY CLAIM EXCEED THE AMOUNT OF PAYMENT YOU HAVE PAID TO COMPANY, IF ANY.
THIS LIMITATION OF LIABILITY IS ENFORCEABLE TO THE FULLEST EXTENT POSSIBLE ACCORDING TO APPLICABLE LAW.
You agree to fully indemnify, defend, and hold Company and its subsidiaries, affiliates, partners, officers, directors, employees, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (i) your access to, use of, or alleged use of the Services or the services obtained through your use of the Site; (ii) your breach or violation of the terms in this Agreement, any representation, warranty, or covenant referenced in this Agreement, or any applicable law or regulation; (iii) any allegation that any materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third-party; (iv) your activities in connection with the Site or other websites to which the Site is linked; (v) any act, omission, negligence, or any willful misconduct by you; and/or (vi) any inaccuracies in the information provided to you through the Site.
You agree that your use of the Services shall be governed by and construed in accordance with the laws of Maryland without regard to conflict of law rules.
Arbitration.
For purposes of this Agreement, you and Company are each referred to as a “Party” and collectively, as the “Parties”. The Parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a requirement prior to either Party initiating arbitration. All claims arising out of or relating to your purchase of any product, the Services, or these Terms of Use (including its formation, performance and breach) and the Services shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. The arbitrator shall be empowered to determine the outcome of any claim and to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. If a Party properly submits the dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing, then either Party may elect to have the arbitration administered by the Judicial Arbitration Mediation Services (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures. The Parties will share the arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules require Company to pay a greater portion or all of such fees and costs in order for this section to be enforceable, then Company will have the right to elect to pay the fees and costs and proceed to arbitration. The exclusive seat or place of jurisdiction shall be Baltimore, Maryland.
Class Action Waiver.
The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.
YOU AGREE BE ENTERING INTO THIS AGREEMENT THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION AND CLASS ACTION WAIVER WILL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Exception – Litigation of Small Claims Court Claims.
Notwithstanding the Parties’ decision to resolve all disputes through arbitration as detailed above, either Party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. The venue for any such small claims proceedings shall be in Baltimore, Maryland.
Employees of Company are not authorized to modify this Agreement, either verbally or in writing. If any employee of Company offers to modify these Terms of Use, he or she is not acting as an agent for Company or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of Company or anyone else purporting to act on our behalf.
Nothing contained in this Agreement creates any agency, partnership, joint venture, or employment between you and Company.
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.
Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Company’s reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation or any other cause of Force Majeure, or act of God.
If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.
These Terms of Use are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms of Use and our related rights and obligations without obtaining your consent.
These Terms of Use supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Services or its contents. Modifications to the Terms of Use that are not posted on the Services are not valid unless made in writing and signed by an authorized representative of Company.
You consent to receive notices and other communications regarding these terms and conditions and/or other aspects of the Services through posting of notices on the Site. You agree that all agreements, notices, disclosures, and other communications that Company provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.
Changes To These Terms of Use
We reserve the right to update these Terms of Use from time to time in our sole discretion. Please review this page for the most current version, and by continuing to use the Services after we post updates, you accept and agree to any changes.
If you have any questions about the Services or these Terms of Use you may contact us by email at Andrew@theringgold.com.
