Terms of Service
RUG ENGINE, LLC TERMS OF USE
Last Updated: June 10, 2025
For questions or concerns about these Terms, please email us at legal@rugengine.com.
Welcome to RugEngine.com (the “Website”), provided by Rug Engine, LLC (“RugEngine,” “we,” “us,” or “our”). RugEngine is an online retailer and authorized reseller specializing in quality products for your home, specifically rugs and home décor. By accessing or using our Website, you (“User,” “you,” or “your”) agree to comply with and be bound by the following Terms of Use (“Terms”), which govern your use of the Website and any transactions you engage in through the Website. These Terms constitute a legally binding agreement between you and RugEngine.
Please read these Terms carefully. If you do not agree to these Terms, you may not access or use the Website and should not provide us with any personal information. By continuing to use the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. By accessing or using the Website, you consent to the collection and use of information in accordance with the Privacy Policy as well as the Shopify Consumer Privacy Policy.
RugEngine.com is hosted by Shopify, and Shopify processes your data when you visit and make purchases on this store, including to provide services based on your interactions with other merchants and with Shopify. Your information may be shared with Shopify and other third parties that could be located in other countries, in order to provide services to you, including those that incorporate data from your interactions with other merchants and with Shopify.
We reserve the right to modify or update these Terms at any time without prior notice. Your continued use of the Website following the posting of changes to these Terms constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically for any updates.
EFFECTIVE DATE
These Terms of Use are effective as of June 10, 2025 (the “Effective Date”). All prior agreements, terms, or understandings between you and RugEngine.com with respect to the use of the Website are superseded as of the Effective Date. By accessing or using the Website on or after the Effective Date, you agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using the Website.
Please note that we may update or modify these Terms at any time, and any changes will become effective upon posting. Your continued use of the Website after any such changes are made will signify your acceptance of the updated Terms. It is your responsibility to review the Terms periodically to stay informed of any updates.
ADDITIONAL TERMS
In addition to these Terms of Use, certain services, promotions, or features provided through the Website may be subject to additional terms and conditions (“Additional Terms”). These Additional Terms are incorporated into and form part of these Terms by reference. By using those specific services or participating in any such promotions, you agree to comply with the applicable Additional Terms, which may vary depending on the nature of the service or promotion.
In the event of a conflict between these Terms of Use and any Additional Terms, the Additional Terms will govern with respect to your use of the specific services or participation in promotions to which they apply. It is your responsibility to review all applicable Additional Terms before engaging in such services or promotions. If you do not agree to the Additional Terms, you must discontinue your use of the services or your participation in the promotions.
PRIVACY & SECURITY
At RugEngine.com, we are committed to protecting your privacy and ensuring the security of your personal information. Our practices regarding the collection, use, and protection of your information are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you agree that we may collect, use, and share your information as described in our Privacy Policy.
You acknowledge and agree that the transmission of data over the internet is not entirely secure, and while we implement reasonable security measures to protect your information, we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. By using the Website, you assume the risks associated with transmitting your information over the internet.
It is your responsibility to maintain the confidentiality of any account information, including your password and login credentials, and to promptly notify us of any unauthorized use or security breach of your account. We will not be liable for any loss or damage arising from your failure to protect your account information.
For detailed information about how we handle your data, please refer to our Privacy Policy or contact us at privacy@rugengine.com with any questions.
TERMS AND CONDITIONS OF SALE
All purchases made through RugEngine.com are governed by these Terms and Conditions of Sale, in addition to any specific product-related terms that may apply. By placing an order through our Website, you agree to the following terms:
1. Product Information
We strive to provide accurate descriptions and images of our supplier’s products. However, we do not warrant that product descriptions, photographs, or other content on the Website are complete, reliable, current, or error-free. In the event that a product is listed at an incorrect price or with incorrect information, RugEngine.com reserves the right to cancel or refuse any orders placed based on such incorrect information, regardless of whether the order has been confirmed or payment has been processed.
2. Pricing and Payment
All prices listed on the Website are in U.S. dollars, unless otherwise specified, and do not include taxes, shipping fees, or other charges. These additional costs will be added to your total during the checkout process. By providing payment information, you represent and warrant that you are authorized to use the designated payment method, and you authorize RugEngine.com to charge the full amount for the order, including any applicable fees or taxes. We reserve the right to change our pricing at any time without prior notice. Any price changes will not affect orders that have already been placed.
3. Order Acceptance and Cancellation
We reserve the right to accept, decline, or cancel any order at our discretion, for reasons including but not limited to:
• Product unavailability
• Errors in pricing or product information
• Suspicious or fraudulent activity
If your order is canceled after payment has been processed, we will issue a full refund to the payment method used at the time of purchase.
4. Shipping and Delivery
Shipping times and delivery estimates provided on the Website are only estimates and may vary. RugEngine.com is not responsible for delays in shipping or delivery caused by third-party carriers, customs, or any other unforeseen circumstances. Risk of loss or damage to the products passes to you upon our supplier’s delivery of your item(s) to the carrier. Please see our Shipping Policy for further details.
5. Returns and Refunds
We aim to ensure your satisfaction with the products. Our return and refund policies are outlined in our Refund Policy, which is incorporated into these Terms by reference. Please review our Refund Policy carefully before making a purchase.
RETURNS ARE NOT ACCEPTED ON RUG PADS OR CLEARANCE ITEMS.
6. Warranty Disclaimer
All products sold through RugEngine.com are provided "as is" and "as available," without any warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. RugEngine.com does not warrant that the products will meet your expectations or that any defects or errors will be corrected.
Gift Cards Policy:
All gift card purchases are subject to this Agreement in all respects and any additional restrictions set forth on the Website (collectively, “Gift Card Policies”). Gift Cards (which include, for purposes of this Agreement, e-gift cards or gift certificates) purchased from RugEngine.com do not expire. Gift Cards may not be redeemed for cash (except in those jurisdictions that require redemptions for cash). RugEngine.com Gift Cards may only be redeemed on the Website.
Redemptions of Gift Cards will result in the application of a credit to your Account in the amount of the Gift Card balance. Any Gift Card balances will be applied toward any other product purchased by you from RugEngine.com from time to time until the Gift Card is depleted. Gift Cards are not redeemable for cash or credit, except to the extent required by applicable law. RugEngine.com is not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be replaced (except as required by law). All sales of RugEngine.com Gift Cards are final and non-refundable.
OWNERSHIP
All content, materials, and intellectual property available on RugEngine.com, including but not limited to text, graphics, logos, images, product descriptions, audio, video, software, and the overall look and feel of the Website (collectively, the “Content”), are the exclusive property of RugEngine.com or its licensors and are protected by applicable intellectual property laws, including but not limited to copyright, trademark, and trade secret laws.
You are granted a limited, revocable, non-exclusive, and non-transferable license to access and use the Website and its Content solely for your personal, non-commercial use. This license does not grant you any ownership rights in the Content or any other intellectual property of RugEngine.com or its licensors. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content, except as follows:
• You may temporarily store copies of the Content incidental to your viewing.
• You may print or download one copy of a reasonable number of pages of the Website for your personal, non-commercial use, provided you do not modify the copies and retain all copyright or other proprietary notices.
You agree not to use any Content in a manner that could infringe upon or violate the rights of RugEngine.com or any third parties. Any unauthorized use of the Website or its Content may result in legal action. All trademarks, service marks, logos, and trade names displayed on the Website are the property of RugEngine.com or its affiliates, licensors, or other third parties. You are not granted any rights or licenses to use these trademarks without the prior written permission of RugEngine.com or the applicable third party.
If you believe any Content on RugEngine.com infringes on your intellectual property rights, please promptly contact us at copyright@rugengine.com.
LANGUAGE & TRANSLATIONS
These Terms of Use are written in English, which shall be the controlling language for all purposes. All communications, notices, and agreements between you and RugEngine.com will be conducted in English. Any translations of these Terms into other languages are provided for your convenience only and may not accurately represent the information contained in the original English version. In the event of any conflict or inconsistency between the English version of these Terms and any translated version, the English version shall prevail.
We do not guarantee the accuracy or completeness of translations provided on the Website, including product descriptions, policies, or other content. If you are relying on a translation, you do so at your own risk, and RugEngine.com shall not be held liable for any misunderstandings or errors that may arise from such reliance. If you require any language clarification regarding the content of these Terms or any other part of the Website, please contact us at legal@rugengine.com for assistance in English.
INTENDED AUDIENCE
RugEngine.com is intended for use by individuals who are AT LEAST 18 YEARS OF AGE and capable of entering into legally binding contracts under applicable law. By accessing or using the Website, including registering an account, you represent and warrant that you are eighteen (18) years of age or older.
IF YOU DO NOT MEET THESE REQUIREMENTS, DO NOT USE THIS WEBSITE.
Our Website is not directed to children under the age of 13 and we do not knowingly collect Personal Information from children under the age of 13. If we learn that we have collected Personal Information of a child under the age of 13, we will take reasonable steps to delete such information from our files as soon as is practicable, unless we have a legal obligation to retain it. Please contact us if you believe we have any information from or about a child under the age of 13 by emailing privacy@rugengine.com.
The Website is primarily directed toward customers located within the United States. In the event we accept orders or allow access to the Website from other locations, we make no representations or warranties that the Website, its content, or its products are appropriate or available for use in other countries. Users who access the Website from outside the United States do so at their own initiative and are responsible for compliance with all applicable local laws.
RugEngine.com reserves the right to refuse service, terminate accounts, or cancel orders at our sole discretion, particularly where we believe there has been a violation of these Terms or misuse of the Website.
CALIFORNIA RESIDENTS
If you are a California resident, in accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd. Suite N 112, Sacramento, CA 95834, or by calling (800) 952-5210.
California Supply Chain Transparency - Prop. 65 Notice to California Residents:
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. Further information regarding California Proposition 65 may be obtained online by visiting p65warnings.ca.gov.
COMPLIANCE WITH LAWS
By accessing and using RugEngine.com, you agree to comply with all applicable federal, state, local, and international laws, statutes, ordinances, and regulations. This includes but is not limited to laws governing intellectual property, data protection, consumer protection, export controls, and online conduct. You are solely responsible for ensuring that your use of the Website and any products or services purchased through the Website are lawful in your jurisdiction.
RugEngine.com makes no representations or warranties regarding the legality of the Website or its products in your location, and it is your responsibility to determine compliance with applicable laws before making any purchases or using the Website. You agree not to engage in any activity that could violate these Terms or any applicable laws, including but not limited to:
• Using the Website for fraudulent or deceptive purposes;
• Interfering with the operation of the Website or networks connected to the Website;
• Circumventing or attempting to circumvent security measures or access restrictions;
• Violating the intellectual property or other rights of RugEngine.com or third parties.
RugEngine.com reserves the right to investigate any violations of law or these Terms and to take appropriate legal action, including cooperating with law enforcement authorities and regulators. If you reside outside the United States, you agree to comply with all applicable export laws and regulations and acknowledge that you are responsible for ensuring that any products purchased from RugEngine.com are not subject to restrictions or prohibitions in your jurisdiction.
PRICING
All prices displayed on RugEngine.com are in U.S. dollars and are subject to change without prior notice. We strive to provide accurate pricing information for our products; however, errors may occur. In the event that a product is listed at an incorrect price due to typographical error or any other reason, RugEngine.com reserves the right to refuse or cancel any orders placed for that product, regardless of whether the order has been confirmed or payment has been processed.
1. Price Changes
RugEngine.com reserves the right to modify the prices of products at any time without prior notice. Price changes will not affect orders that have already been confirmed with an order confirmation email.
2. Taxes and Fees
All prices are exclusive of any applicable sales tax, value-added tax (VAT), customs duties, or other fees that may apply. Any such taxes or fees will be added to your order total during the checkout process, and you are responsible for paying these additional amounts. If you are exempt from sales tax, you must provide us with the necessary documentation to support your tax-exempt status at the time of purchase.
3. Payment Methods
We accept various payment methods as specified on the Website. By providing payment information, you represent and warrant that you are authorized to use the selected payment method. You agree to pay the full amount for your order, including any applicable taxes, shipping fees, and other charges.
4. Billing and Account Information
You agree to provide accurate, current, and complete information when placing an order and to promptly update your account information as necessary. We reserve the right to refuse or cancel any order if we believe that any information provided is inaccurate, incomplete, or not in compliance with these Terms.
5. Promotional Offers
From time to time, RugEngine.com may offer promotional discounts, coupons, or special offers. These promotions may have specific terms and conditions, and they will be clearly stated on the Website or in marketing communications. Promotional offers cannot be combined with other discounts or offers unless explicitly stated.
USER-GENERATED CONTENT
RugEngine.com may allow users to submit, post, or share content, including but not limited to reviews, comments, photos, videos, and other materials (collectively, “User-Generated Content”). By submitting User-Generated Content to the Website, you grant RugEngine.com a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media now known or hereafter devised.
1. Content Standards
You are solely responsible for the User-Generated Content you submit and for any consequences of your submission. By providing User-Generated Content, you represent and warrant that:
• You own or have the necessary rights to the content you submit.
• The content does not violate any applicable laws or regulations.
• The content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.
• The content is accurate, not misleading, and does not contain any defamatory, obscene, or otherwise unlawful material.
2. Monitoring and Moderation
RugEngine.com reserves the right to monitor, review, and remove any User-Generated Content at our sole discretion and without prior notice. We do not endorse any User-Generated Content and disclaim any liability for any User-Generated Content, including but not limited to any errors or omissions in such content.
3. User Conduct
You agree not to submit any User-Generated Content that:
• Is fraudulent, deceptive, or misleading;
• Contains any viruses, malware, or other harmful code;
• Is abusive, harassing, threatening, or defamatory;
• Violates any applicable laws or regulations;
• Contains personal information about any individual without their consent.
4. Feedback
If you provide RugEngine.com with any feedback, suggestions, or ideas regarding the Website or our products, you grant us the right to use such feedback without any obligation to you. We may use your feedback for any purpose, including commercial purposes, without compensating you or obtaining further permission.
ACCEPTABLE USE POLICY
By accessing and using RugEngine.com, you agree to comply with our Acceptable Use Policy. This policy is designed to ensure that all users can enjoy a safe, respectful, and productive online environment. You agree that you will not engage in any activities that violate this policy or applicable laws. Specifically, you agree not to:
1. Engage in Illegal Activities
Use the Website for any unlawful purpose or in any manner that violates applicable laws, regulations, or ordinances.
2. Harass or Abuse Others
Post or transmit any content that is abusive, harassing, threatening, defamatory, obscene, or otherwise objectionable.
3. Impersonate Others
Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
4. Disrupt the Website
Engage in any activity that disrupts or interferes with the functioning of the Website, including but not limited to uploading or transmitting any viruses, malware, or other harmful code.
5. Collect Personal Information
Collect or harvest any personal information from other users of the Website without their express consent.
6. Access Unauthorized Areas
Attempt to gain unauthorized access to any portion or feature of the Website or any other systems or networks connected to the Website, including any server, computer, or database.
7. Transmit Spam or Junk Mail
Post or transmit any unsolicited advertising, promotional materials, spam, junk mail, or any other form of solicitation.
8. Use Automated Tools
Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission.
9. Engage in Any Other Unacceptable Conduct
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or which, as determined by RugEngine.com, may harm RugEngine.com or users of the Website or expose them to liability.
10. Reporting Violations
If you become aware of any violation of this Acceptable Use Policy, please report it to us immediately at legal@rugengine.com. We reserve the right to investigate and take appropriate action against any user who violates this policy, including but not limited to suspension or termination of access to the Website.
DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, RugEngine.com provides the Website and its content on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the operation of the Website, the information, content, materials, or products included on the Website, or the results obtained from using the Website.
1. No Warranty of Availability
We do not warrant that the Website will be uninterrupted, timely, secure, or error-free, nor do we warrant that defects will be corrected or that the Website is free of viruses or other harmful components.
2. No Warranty of Accuracy
While we strive to provide accurate and up-to-date information, we do not warrant that the information provided on the Website is complete, reliable, current, or error-free. Your reliance on any information provided on the Website is at your own risk.
3. Limitation of Liability
To the maximum extent permitted by applicable law, RugEngine.com disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. RugEngine.com shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from or related to your use of or inability to use the Website or any products or services purchased through the Website, even if we have been advised of the possibility of such damages.
4. No Endorsement of Third-Party Content
The Website may contain links to third-party websites, services, or content. RugEngine.com does not endorse, guarantee, or assume responsibility for the accuracy, reliability, or completeness of any such third-party content. Your interactions with third-party websites are solely between you and the third party, and we shall not be liable for any loss or damage arising from your use of or reliance on any third-party content.
THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS” and “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND ANY INFORMATION CONTAINED THEREIN IS AT YOUR SOLE RISK. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, RUGENGINE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
NEITHER RUGENGINE.COM, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS, WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT-OF-DATE AND NEITHER RUGENGINE.COM NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEBSITE ARE SUBJECT TO ONLY THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RUGENGINE.COM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RUGENGINE.COM HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION (INCLUDING UNAUTHORIZED ACCESS OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION). WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.
LIMITATION ON LIABILITY
To the fullest extent permitted by applicable law, RugEngine.com shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Website or any products or services obtained through the Website. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
1. Aggregate Liability
In no event shall RugEngine.com’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Website or for any product or service purchased through the Website.
2. Third-Party Claims
You agree that RugEngine.com shall not be responsible for any damages incurred as a result of any third-party claims against you arising from your use of the Website or any products or services purchased through the Website.
3. Exclusions
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. In such jurisdictions, RugEngine.com’s liability shall be limited to the maximum extent permitted by law.
4. Indemnification
You agree to indemnify, defend, and hold harmless RugEngine.com, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney’s fees) arising out of or related to your use of the Website, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.
IN NO EVENT WILL RUGENGINE.COM OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, VENDORS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE (OR ANY PART OF THE WEBSITE) BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR LITIGATION) ARISING OUT OF THE USE, INABILITY TO USE, ACCESS, OR THE RESULTS OF USE OF THE WEBSITE, ANY SITES LINKED TO THE WEBSITE, OR THE INFORMATION OR MATERIALS CONTAINED IN THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING OUR NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE, OR ANY MATERIAL OR CONTENT ON THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND RUGENGINE.COM. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, SUBJECT TO THE EXCLUSIONS BELOW, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITE.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO (i) CLAIMS FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENT ACTS OR (ii) DAMAGES ARISING FROM OUR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT. NOTHING IN THESE TERMS PURPORTS TO EXCLUDE ATTORNEYS' FEES OR DAMAGES WHERE MANDATED BY STATUTE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you.
COPYRIGHT POLICY
RugEngine.com respects the intellectual property rights of others and expects its users to do the same. This Copyright Policy outlines our procedures for addressing copyright infringement in compliance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.
1. Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content on RugEngine.com infringes your copyright, you (or your agent) may send us a written notice by mail or email with the following information:
• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work that you claim has been infringed.
• Identification of the material that is claimed to be infringing and its location on the Website (e.g., a URL).
• Your name, address, telephone number, and email address.
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information provided in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
2. Address for DMCA Notifications
Notices must be sent in writing by mail or email to:
Attn: Copyright Agent
Rug Engine, LLC
990 Biscayne Blvd
Suite 501-16
Miami, FL 33132
United States
Tel. (786) 505-5027
copyright@rugengine.com
Include “Rug Engine, LLC DMCA Notice” in subject line.
3. Counter-Notification
If you believe that material you posted on RugEngine.com has been removed or disabled by mistake or misidentification, you may submit a counter-notification. A counter-notification must include the following:
• Your physical or electronic signature.
• Identification of the material that has been removed or disabled and the location where it appeared before removal.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification.
• Your name, address, telephone number, and a statement consenting to the jurisdiction of the federal district court for the judicial district in which your address is located, or if outside the United States, for any judicial district in which RugEngine.com may be found, and that you will accept service of process from the person who provided the original copyright notice or an agent of such person.
4. Repeat Infringers
RugEngine.com reserves the right to terminate the accounts of users who are found to be repeat infringers of copyright or other intellectual property rights.
5. Limitations of Liability
RugEngine.com shall not be liable for any direct, indirect, incidental, or consequential damages arising out of any claims related to copyright infringement, including but not limited to the removal of any user-generated content or materials from the Website.
INDEMNITY
You agree to indemnify, defend, and hold harmless RugEngine.com, its affiliates, officers, directors, employees, agents, and licensors (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
1. Your Use of the Website - Your access to or use of RugEngine.com, including any interactions with other users or third parties.
2. Your Violation of These Terms - Your breach of these Terms of Use or any other applicable policies, guidelines, or agreements.
3. Infringement Claims - Your infringement of any intellectual property or other rights of RugEngine.com or any third party, including but not limited to copyright, trademark, privacy, or publicity rights.
4. User-Generated Content - Any content you submit, post, or share on or through the Website, including but not limited to reviews, comments, or other contributions.
5. Applicable Laws - Your violation of any applicable law, regulation, or ordinance.
Notification of Claims and Survival:
If an Indemnified Party receives notice of any claim for which it is entitled to indemnification under this section, it shall promptly notify you of such claim. You shall have the right to assume the defense of such claim with counsel reasonably acceptable to the Indemnified Party. The Indemnified Party may participate in the defense at its own expense. You shall not settle any claim without the prior written consent of the Indemnified Party, which consent shall not be unreasonably withheld. The obligations set forth in this indemnity section shall survive the termination of your use of the Website and the termination of these Terms.
California Residents:
YOU EXPRESSLY WAIVE CA CIVIL CODE §1542, WHICH STATES: “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.”
CHOICE OF LAW AND JURISDICTION
These Terms of Use and any disputes arising out of or related to your use of RugEngine.com or these Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.
1. Exclusive Jurisdiction
You agree that any legal action or proceeding arising out of or related to these Terms or your use of the Website shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida. You consent to the jurisdiction of such courts and waive any objections to the venue or jurisdiction of such courts.
2. Waiver of Jury Trial
You and RugEngine.com hereby waive any right to a trial by jury in any action or proceeding arising out of or related to these Terms or your use of the Website.
3. Limitations on Actions
You agree that any cause of action arising out of or related to these Terms or your use of the Website must be commenced within one (1) year after the cause of action accrues, or it shall be permanently barred.
LEGAL DISPUTES AND ARBITRATION
1. Resolution of Disputes
In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Use or your use of RugEngine.com (collectively, "Disputes"), you agree to first attempt to resolve the Dispute informally by contacting us at legal@rugengine.com. If we are unable to resolve the Dispute within thirty (30) days of receiving your notice, you agree that the Dispute shall be settled by binding arbitration.
2. Binding Arbitration
Any Dispute that cannot be resolved informally shall be submitted to and resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall take place in Miami-Dade County, Florida, unless you and RugEngine.com agree to a different location.
3. Arbitration Procedures
The arbitration will be conducted by a single arbitrator who is knowledgeable in the subject matter of the Dispute. The arbitrator shall have the authority to award any remedies that would otherwise be available in court. The arbitrator’s decision shall be final and binding on all parties.
YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
4. Costs of Arbitration
Each party shall bear its own costs and expenses of arbitration, including any attorneys' fees. However, if you prevail in the arbitration, you may be entitled to recover your reasonable attorneys' fees and costs from RugEngine.com.
5. Class Action Waiver
You agree that any Dispute shall be conducted solely on an individual basis and not in a class, consolidated, or representative action. You waive any right to a jury trial or to participate in a class action or representative action.
6. Exceptions to Arbitration
Notwithstanding the foregoing, either party may seek injunctive relief or any other equitable remedy in a court of competent jurisdiction to protect its intellectual property rights or to enforce the confidentiality of the arbitration proceedings.
THIRD PARTY LINKS
RugEngine.com may contain links to third-party websites, services, or content that are not owned or controlled by RugEngine.com. These links are provided for your convenience and informational purposes only. We do not endorse, guarantee, or assume responsibility for the accuracy, reliability, or completeness of any information, products, services, or content provided by these third-party websites.
1. No Responsibility
RugEngine.com is not responsible for the content, privacy policies, or practices of any third-party websites. Your interactions with third-party websites are solely between you and the third party, and you should review the terms of use and privacy policies of any third-party websites you visit.
2. Use at Your Own Risk
Accessing third-party links is at your own risk. RugEngine.com shall not be liable for any damages or losses incurred as a result of your use of or reliance on any third-party content or services.
3. Changes to Third Party Links
RugEngine.com reserves the right to remove any third-party links from the Website at any time without notice. We also may update these links from time to time, and you are encouraged to check for the most current information.
4. User Acknowledgment
By using RugEngine.com, you acknowledge and agree that RugEngine.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
ADMISSIBILITY
By accessing and using RugEngine.com, you agree that any electronic communications, agreements, transactions, or records exchanged between you and RugEngine.com shall be deemed to be in writing and shall be admissible as evidence in any legal or administrative proceeding to the same extent and under the same conditions as if they were written documents.
1. Electronic Communications
You acknowledge that your use of the Website may involve electronic communications, including but not limited to emails, messages, and notifications. You consent to receive communications from RugEngine.com electronically and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
2. Records Retention
RugEngine.com reserves the right to maintain records of all communications and transactions conducted through the Website for as long as is necessary for business, legal, and compliance purposes. You agree that such records may be used as evidence in any dispute or legal proceeding.
3. No Obligation to Retain
RugEngine.com is not obligated to retain any electronic communications or records beyond what is required by applicable law or regulation.
WAIVER
1. No Waiver of Rights
No waiver of any term, condition, or provision of these Terms of Use shall be deemed to be a further or continuing waiver of such term, condition, or provision or any other term, condition, or provision, and any failure of RugEngine.com to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
2. Written Waivers Only
Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of RugEngine.com to be effective.
3. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect.
4. No Effect on Future Rights
The failure of RugEngine.com to enforce any right or provision of these Terms at any time shall not be construed as a waiver of such right or provision in the future.
SEVERABILITY
If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect.
1. Interpretation of Severed Provisions
The severance of any provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in effect to the fullest extent permitted by law.
2. Replacement of Severed Provisions
In the event that any provision is held to be invalid, illegal, or unenforceable, the parties agree to negotiate in good faith a valid, legal, and enforceable provision that is as similar as possible in effect to the severed provision.
3. Continued Effect of Terms
Your continued use of RugEngine.com following any such determination shall be deemed your acceptance of any modified Terms that may be required to ensure enforceability.
ENTIRE AGREEMENT
These Terms of Use, along with any additional agreements, policies, or guidelines referenced herein, constitute the entire agreement between you and RugEngine.com regarding your use of the Website and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter herein.
1. No Oral Modifications
No oral or written statement, correspondence, or other communication not specifically set forth in these Terms shall be deemed to amend or modify these Terms unless expressly stated in writing and signed by an authorized representative of RugEngine.com.
2. Enforceability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be deemed modified to the extent necessary to make it enforceable.
3. No Third-Party Beneficiaries
Nothing in these Terms shall be construed to create any rights or benefits enforceable by any third party, and these Terms are intended solely for the benefit of the parties hereto.
RELATIONSHIP OF THE PARTIES
1. Independent Contractors
The parties to these Terms of Use are independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and RugEngine.com. Neither party has the authority to bind the other in any respect.
2. No Authority to Act
You shall not have any authority to act on behalf of RugEngine.com or to represent RugEngine.com in any manner, nor shall you hold yourself out as an agent or representative of RugEngine.com.
3. No Rights Granted
Nothing in these Terms grants you any rights in or to the intellectual property or other proprietary rights of RugEngine.com, except as expressly set forth herein.
4. No Waiver of Rights
The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision or any other right or provision.
TERMINATION
1. Termination by RugEngine.com
RugEngine.com reserves the right, at its sole discretion, to terminate your access to the Website, including any account or subscription, without notice, for any reason, including but not limited to:
• Violation of these Terms of Use.
• Engaging in conduct that RugEngine.com believes is harmful to other users, the Website, or RugEngine.com itself.
• Failure to comply with applicable laws and regulations.
2. Termination by You
You may terminate your account at any time by contacting us at legal@rugengine.com. Upon termination, your right to use the Website will immediately cease.
3. Effects of Termination
Upon termination of your access to the Website:
• You must cease all use of the Website and any related services.
• All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
4. No Liability for Termination
RugEngine.com shall not be liable to you or any third party for any termination of your access to the Website or any related services.
5. Survival
The provisions of these Terms that, by their nature, should survive termination, shall survive, including but not limited to those relating to limitations on liability, indemnification, and the governing law.
GENERAL INFORMATION
1. Headings
The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.
2. Force Majeure
RugEngine.com shall not be liable for any failure to perform its obligations under these Terms if such failure results from any cause beyond RugEngine.com’s reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation.
3. Assignment
RugEngine.com may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or any of your rights or obligations hereunder without the prior written consent of RugEngine.com.
4. Notices
All notices under these Terms shall be in writing and shall be deemed to have been duly given when delivered personally, sent via email, or mailed by certified or registered mail to the addresses specified in these Terms or as otherwise designated by either party.
5. Relationship of the Parties
No joint venture, partnership, employment, or agency relationship exists between you and RugEngine.com as a result of these Terms or your use of the Website.
6. Electronic Communications
You agree that all communications between you and RugEngine.com can be conducted electronically. We may communicate with you by email or by posting notices on the Website.
7. Contact Information
For questions regarding these Terms, please contact us at legal@rugengine.com.
Rug Engine, LLC
990 Biscayne Blvd
Suite 501-16
Miami, FL 33132
United States
Tel. (786) 505-5027
