Terms of Service & Conditions
Terms of Service & Conditions
RS Site Terms of Service & Conditions
Welcome to Rubin Singer! Rubin Singer. (together with Our affiliates, Brandmakers, “We”, “Us”, or “Our”) provides access to a marketplace for sales of luxury items.
These Terms of Service (these “TOS”) govern Your access to and use as an end user (“User”, “You” or “Your”) of Our website (available at www.rubinsinger.com, any other websites that link to these TOS, and any associated features, functionalities, user interfaces, downloads, mobile applications, Content (as defined below) and other online services that We operate or control (collectively, the “Service”).
BY CREATING AN ACCOUNT, ACCESSING OR USING THE SERVICE, OR OTHERWISE INDICATING YOUR ASSENT TO THESE TOS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE TOS AND HAVE THE LEGAL AUTHORITY TO ENTER INTO THESE TOS (ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT). IF YOU DO NOT AGREE TO BE BOUND BY THESE TOS, OUR PRIVACY POLICY, AND ANY ADDITIONAL TERMS THAT APPLY YOU MAY NOT USE OR ACCESS THE SERVICE IN ANY WAY.
Our Privacy Policy (available at www.rubinsinger.com) (“Privacy Policy”).
ELIGIBILITY
In order to use the Service, You must be 18 years or older. If You are under the age of 18, You are prohibited from accessing or using the Service. You may not have more than one active Account (defined below). Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party. If You do not meet the foregoing eligibility requirements, You may not use the Service. You are not permitted to access the Service if Your Account has been suspended or removed by Us for any reason.
PRIVACY
By accessing or using the Service, You acknowledge and accept Our Privacy Policy (available at www.rubinsinger.com), which discloses how We collect, use, and share information about You.
CONTENT LICENSE; OWNERSHIP
The Service contains a variety of: (a) materials and other items relating to Us and Our products and services, and similar items from Our licensors and other third parties, including digital content, products, services, and materials that may be developed or otherwise made available from time to time for You to view, purchase, or download, all layout, information, articles, reports, posts, text, data, files, images, scripts, designs, graphics, descriptions, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (b) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including Us (collectively, “Marks”); and (c) other forms of intellectual property (all of the foregoing, collectively, “Content”).
(b) Limited License
Content is licensed, not sold, to You by Us. Subject to Your strict compliance with these TOS and any Additional Terms, We hereby grant to You a limited, non-exclusive, revocable, non-assignable, non-sub- licensable, personal, non-transferable license to view, download (in temporary storage only), and display the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on supported devices for Your personal use or internal business purposes solely through the Service (the “Limited License”). The Limited License will remain in effect until and unless We or You terminate the license.
(c) Ownership
All right, title, and interest in and to the Service is Our property or Our licensors or certain third parties’ property, all of which is protected by U.S. and international intellectual property laws. Except as explicitly stated in these TOS, We, Our licensors and such other third parties reserve all rights in and to the Service.
YOUR ACCOUNT
(a) Account Security
In order to access the Service, You may need to sign-up or otherwise create an account with the Service (an “Account”), for yourself or on behalf of a company, organization, entity, or brand (a “Company”) or use Your or
Your Company’s credentials (e.g., username and password) if provided from a third-party social media or other platform (e.g., Google, Facebook, etc.). You represent, warrant and covenant that all information You provide in connection with creating, accessing and using Your Account is accurate, current and complete. You will promptly update such information if it changes at any point. If You provide any information that is or becomes (or if We have reasonable grounds to suspect that such information is) false, inaccurate, outdated or incomplete, or violates these TOS, the Privacy Policy, Additional Terms, or any applicable law, We may suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). You are solely responsible for maintaining the confidentiality of Your Account credentials. You accept sole responsibility for all activities that occur under Your Account, username or password– whether or not You authorized the activity – and You will not sell, transfer, or assign Your Account or any Account rights to any third party. Because of this, We strongly recommend that You exit from Your Account at the end of each session. You must notify Us immediately of any unauthorized use of Your Account or any other breach of security. We will not be liable for any loss or damage (of any kind and under any legal theory) to You or any third party arising from Your inability or failure for any reason to comply with Your responsibilities in this Section.
(b) Account Authorization
If You register an Account on behalf of a Company, the terms “You” and “Your,” as used throughout these TOS apply to both You and the Company. You represent and warrant that You are authorized to grant all permissions and licenses provided in these TOS (and any Additional Terms) and to bind the Company to these TOS (and any Additional Terms).
(c) Account Preferences
We may offer You the ability to set preferences relating to Your Account or Service activities, but settings may not become effective immediately or be error free, and options may change from time to time.
PROHIBITED CONDUCT
You are solely responsible for Your conduct while accessing or using the Service and in addition to the “Restrictions” in Section 5(b) above.
You will not:
- sell, rent, lease, distribute, broadcast, publicly perform, publicly display, sublicense, or otherwise assign any rights to the Service or any portion of it to any third party;
- remove or modify any proprietary notices or labels on the Service or otherwise make any derivative uses of the Service;
- cache, create unauthorized hypertext links to the Service or frame any Content;
- use any data mining, robots, or similar data gathering and extraction tools, or bypass or ignore instructions contained in Our robots.txt file or equivalent restrictive technologies that control automated access to portions of the Service;
- use Marks as metatags on other pages or sites on the Internet;
- use or attempt to use another User’s Account without authorization from that User and Us;
- use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Service or that could damage, disable, overburden, or impair the functioning of the Service or Our infrastructure (in Our sole discretion) in any manner;
- reverse engineer any aspect of the Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Service;
- attempt to circumvent any content-filtering or access restriction techniques We employ or attempt to access any feature or area of the Service that You are not authorized to access;
- copy, download, redistribute, reproduce, “rip”, record, transfer, display to the public, broadcast, or make available to the public or another vendor or third party any part of the Service, or otherwise make any use of the Service not expressly permitted under these TOS, any Additional Terms, or applicable law, or which otherwise infringes the intellectual property rights (such as copyright) in the Service or any part of it;
- develop or use any third-party applications that interact with the Service without Our prior written consent, including any scripts designed to scrape or extract data from the Service; or
- violate any laws, regulations, governmental orders, or industry standards or guidance in any applicable jurisdiction.
DISCLAIMER OF WARRANTIES
YOUR ACCESS TO, AND USE OF THE SERVICE IS AT YOUR SOLE RISK. EXCEPT FOR THE EXPRESS AUTHORSHIP WARRANTY PROVIDED IN THE FINE ART CONDITIONS OF SALE, THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE OR OBTAINED FROM A LINKED SITE OR THIRD-PARTY MATERIALS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR
OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, VENDOR OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY US.
LIMITATION OF LIABILITY
BRANDMAKERS PARTIES (AS DEFINED BELOW) WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND WHETHER BRANDMAKERS PARTIES WERE
ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES. EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF BRANDMAKERS PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE TOS OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE GREATER OF (A) TWO THOUSAND US DOLLARS ($2,000.00), OR
(B) THE AMOUNT WE HAVE ACTUALLY RECEIVED AS A RESULT OF SELLING YOUR PROPERTY THROUGH THE SERVICE IN THE TWELVE MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR: (i) DAMAGE ARISING FROM A GROSSLY NEGLIGENT BREACH OF DUTY BY BRANDMAKERS OR FROM AN INTENTIONAL OR GROSSLY NEGLIGENT BREACH OF DUTY BY A LEGAL REPRESENTATIVE OF BRANDMAKERS OR A PERSON USED TO PERFORM AN OBLIGATION OF BRANDMAKERS; OR (ii) ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (OR FOR ANY AUTHORSHIP WARRANTY CLAIMS UNDER THE FINE ART CONDITIONS OF SALE, BUT ONLY TO THE EXTENT PROVIDED THEREIN). ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNITY
To the fullest extent permitted by applicable law, You will indemnify, defend (at Our option) and hold Us and Our officers, directors, employees, agents, third-party providers, licensors, partners and successors and assigns (individually and collectively, the “Brandmakers”) harmless from and against any and all fines, penalties, liabilities, losses, governmental inquiries, investigations, and proceedings and other damages, costs and expenses of any kind whatsoever (including reasonable attorneys’ and experts’ fees) incurred in connection with any third-party claim, demand,
cause of action, suit, investigation, arbitration, or other proceeding (collectively, “Claims”) directly or indirectly arising out of: (a) Your access to or use of the Service or any Third-Party Materials; (b) Your actual or alleged breach of these TOS or any Additional Terms; (c) Your Postings and Brandmakers Parties’ use of any information that You submit to Us; and/or
- any fraud, misrepresentation, manipulation, intentional misconduct, gross negligence or other violation of any applicable laws in connection with Your use of the Service or Your activities in connection with the Brandmakers Parties may take control of the defense or settlement of any Claim and You will cooperate with Brandmakers Parties in defending such Claims. In any event, You will not settle any Claim without Our prior written approval. For the avoidance of doubt, if You are a Company (or representing a Company), Your obligations hereunder will extend to indemnification based on the acts and omissions of Your employees, consultants and agents.
If You are a California resident, You expressly waive any rights You may have under California Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
• FORCE MAJEURE
We will be excused from performance under these TOS to the extent We are prevented from, or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (a) weather conditions or other elements of nature or acts of God, (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion,(c) quarantines, epidemics, pandemics, (d) embargoes or labor strikes, or (e) other causes beyond Our reasonable control. In the event that We are temporarily unable to ship to You a purchased item because of such an event, We will give You the option of deferring shipment or receiving a refund of Your charges if and as applicable in accordance with Our thencurrent policies
DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY TO UNDERSTAND YOUR RIGHTS BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US
(a) Scope
For all matters, disputes, or claims between You and Us arising from or related to this Agreement or Your relationship with Us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including any dispute about the interpretation or application of this dispute resolution provision or the enforceability, revocability or validity of this arbitration provision or any portion of the arbitration provision (“Disputes”), will be resolved by the processes and procedures described in this Section, first amicably and then through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. EACH PARTY WAIVES ITS RIGHTS TO A JURY TRIAL AND TO HAVE ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TOS OR THE SERVICE RESOLVED IN COURT.
(b) Amicable Resolution
In the event of a Dispute, You will negotiate in good faith with Us to informally resolve the Dispute. You may notify Us of a Dispute by emailing Us at contact@rubinsinger.com or by writing a letter to Brandmakers, Inc., ATTN DISPUTE, 230 W 39th Street, 6th Floor, NY NY 10018. The notice must specifically describe the nature of the Dispute and the relief You seek. The parties will have sixty (60) days from the date of receipt of such a notice to try to resolve the Dispute (or such longer period as the parties may agree in writing). If the Dispute is not resolved satisfactorily within sixty
(60) days after either party receives notice from the other party in accordance with “Notices” at Section 21 below, either You or We can submit the Dispute to binding arbitration in accordance with the arbitration provisions below.
(c) Binding Arbitration
Except for any consumer controversy or claim properly filed and pursued in small claims court on an individual basis (as explained in “Small Claims Court Option” in Section 12(d) below), any Dispute that remains unresolved after an attempt to resolve it informally will be resolved by binding arbitration brought on an individual basis, in which case either You or We may commence confidential binding arbitration under the terms in this Section. The arbitration will be administered by the American Arbitration Association (AAA) under the following rules: (i) if You entered into these TOS individually, its Consumer Arbitration Rules (available online at www.adr.org or by calling 1-800-778-7879), as amended by these TOS, and (ii) if You entered into these TOS as a Company or as a representative of a Company, by its Commercial Arbitration Rules. The place of arbitration will be held exclusively in the County of New York, NY. The arbitration will be conducted by a single arbitrator, selected by the AAA, in accordance with the applicable Consumer Arbitration Rules or Commercial Arbitration Rules. The arbitration may be held by teleconference or videoconference unless the arbitrator determines upon request by You or by Us that an in- person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel, the expense and other pertinent circumstances. If the parties are unable to agree on a location, such determination will be made by the arbitrator. The arbitrator’s decision(s) will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these TOS, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. Any award of the arbitrator may be entered as a judgment in any court having jurisdiction.
(d) Small Claims Court Option for Consumer Individuals
If You entered into these TOS individually, You have the choice to submit any Dispute before a small claims court, if applicable, instead of having the Dispute resolved by arbitration. You can make this choice either before or after the Dispute is submitted for resolution by Arbitration.
(e) LITIGATION AND CLASS ACTION WAIVER BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY FOR ANY CLAIM SUBJECT TO ARBITRATION. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, CLASS ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP AND WAIVE THE ABILITY TO PARTICIPATE IN A CLASS ACTION. COMBINING INDIVIDUAL PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES IS ALSO NOT ALLOWED. DISPUTES REGARDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE FOREGOING CLASS ACTION WAIVER WILL BE EXCLUSIVELY RESOLVED BY AN ARBITRATOR APPOINTED BY THE AAA, PURSUANT TO THE APPLICABLE ARBITRATION RULES, AS DETAILED IN THIS SECTION 12.
(f) Injunctive Relief
Notwithstanding any of the foregoing, (i) You or We may seek and obtain temporary injunctive relief in any court of competent jurisdiction, and seeking such measures will not be deemed incompatible with the arbitration provision in this Section or a waiver of the right to arbitrate; and
(ii) if You are subject to a version of the TOS with Us that contains a different arbitration provision, then the terms of such other arbitration provision will govern disputes arising out of or related to the TOS or any aspect of the relationship between You and Us, rather than the terms of this Section 12.
(g) Severability
Should any portion of this Section 12 be deemed unenforceable by the arbitrator or a court of competent jurisdiction, the unenforceable portion will be severed without affecting the remainder of this Section 12, which will remain in full force and effect. If the severance of any portion of Section 12 results in any claims proceeding on a class or representative basis, those claims will be litigated in court and not in arbitration; the parties agree to stay any litigation of those claims pending the outcome of any individual claims in arbitration.
GOVERNING LAW AND VENUE
These TOS (and any Additional Terms) and Your access to and use of the Service will be governed by and construed and enforced exclusively in accordance with the laws of the State of New York, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction). Any dispute between You and Us that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state or federal courts of New York and the United States, respectively, sitting in New York County, NY.
ELECTRONIC COMMUNICATIONS
(a) Express Consent
When You create an Account with Us and provide Your email address and/ or mobile phone number and/or when You communicate with Us electronically, such as via email or through the Service, YOU EXPRESSLY CONSENT TO RECEIVING COMMUNICATIONS ELECTRONICALLY
AND/OR VIA TEXT MESSAGE, CALLS, AND PUSH NOTIFICATIONS TOYOUR PHONE FROM US AND OUR AFFILIATES. These communications may include notices about Your Account (e.g., payment authorizations, password changes, unauthorized attempts to access your account, and other transactional information), advertisements, and Your relationship with Us.
You represent that You are the Account holder for the mobile telephone number(s) that You provide. If You change Your mobile telephone number(s), you will notify Us immediately by updating Your number in My Account.
Any consents, authorizations, agreements, notices, disclosures, or other communications that are provided to You electronically and/or in these TOS satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
(b) Communication Preferences
Please see our privacy disclosure regarding all communication for more information. We offer you certain choices about how we communicate with you and what information we collect from you. To update your preferences, limit the communications you receive from us, or submit a request, please contact us. Where provided by law, you may withdraw your consent previously provided to us, and we will apply your preferences going forward. If you have any questions or comments about our privacy policies, or if you would like us to update information we have about you or your preferences, please email us at privacy@rubinsinger.com or you can mail us at
Brandmakers, Inc
Attention: PRIVACY: Rubin Singer Website
230 W 39th Street
6th floor,
NY NY 10018.
PAYMENT AND BILLING
We may make available the ability to purchase or otherwise obtain certain products or services through the Service (each, a “Transaction”). In order to make a Transaction, You may be asked to supply certain relevant information, such as Your credit card number and its expiration date (or other acceptable payment method that We make available to You from time to time), Your billing address and Your shipping information. In the event that the amount of a Transaction exceeds the total credit or funds available
for purchase in Your payment account, You may be subject to overdraft or non-sufficient funds charges by the bank issuing Your payment method. We are not responsible for these charges and are unable to assist You in recovering them from Your issuing bank.
Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to use the Services, You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Us enabling payment processing services through Stripe, You agree to provide Us accurate and complete information about You and your business, and you authorize Us to share it and transaction information related to Your use of the payment processing services provided by Stripe.
By providing a credit card or other acceptable payment method, You represent and warrant that You are authorized to use the designated payment method and that You authorize Us (or Our third-party payment processor) to charge Your payment method for the total amount of Your Transaction (including any applicable taxes and other charges). Verification of information may be required prior to the acknowledgment or completion of any Transaction. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, We will notify You of the issue, and if We are unable to resolve the issue, Your order may be suspended or terminated. If You want to change or update payment information associated with Your Account, You can do so at any time by logging into Your Account and editing Your payment information.
By making a Transaction, You represent that the applicable products or
services will be used only in a lawful manner.
THIRD-PARTY MATERIALS AND LINKED SITES
The Service may display, include, or make available Content, data, information, applications, plugins, products, services, listings, descriptions and images of goods or services, resources or materials from third parties or provide links to certain third-party websites or applications (collectively, “Third-Party Materials”). Any activities in which You engage in connection with any Third-Party Materials are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of such Third-Party Materials, Third-Party Materials are provided solely as a
convenience to You. You will not use any Third-Party Materials in a manner that would infringe or violate the rights of any other party.
CHANGES TO THESE TOS
We reserve the right to make changes to Our TOS and Additional Terms at any time. If We make a material modification to these TOS or the Additional Terms, We will notify You by: (i) sending an email to the address associated with Your Account (but note that We are not responsible for Your failure to receive an email due to the actions of Your ISP or any email filtering service); therefore, You should add www.rubinsinger.com to the list of domains approved to send You email (commonly known as Your “whitelist”); or (ii) displaying a prominent announcement above the text of these TOS or the Additional Terms, as appropriate, for thirty (30) days, with
(i) or (ii) being deemed sufficient notification to You of such changes. After notice of a modification to the TOS or the Additional Terms has been posted for 30 days, the notice may be removed. If You choose to continue using the Service after receipt of the notice under (i) above or after such thirty
(30) day period in (ii) above, You accept the new TOS and Additional Terms, as relevant. Except for changes by Us as described here, no other amendment or modification of these TOS will be effective unless in writing and signed by both You and Us.
If We make a change to Our Privacy Policy, We will follow the process described in Our Privacy Policy.
If You have any questions or comments about these TOS or the Service, please contact Us by email at contact@rubinsinger.com. You also may write to Us at: Brandmakers, Inc., Attn: Rubin Singer Legal, 230 W 39th Street, 6th Floor, NY NY 10018.
MODIFICATION OR TERMINATION OF SERVICE
We reserve the right, without notice and in Our sole discretion, to modify, suspend or cease making the Service (or any function, feature or portion thereof) or the Content (or any portion thereof) available at any time, for any reason without any obligation or liability to You. Brandmakers, Inc specifically reserves the right to limit services to You, including your ability to return purchases, if you engage in return abuse behavior.
NOTICE OF EXCESSIVE RETURNS
Brandmakers operates on a three strike policy for clients who exhibit high- risk return behavior. High-risk behavior is identified as:
- Returning 30 or more items
- Returning purchases greater than $10K
- Overall return rate of 85%
Strikes are not assessed in instances of Brandmakers fault (incorrectly listed)
If a strike is assessed, the client will be notified via email. The strike will automatically fall off the account after 12 months.
Clients who reach three strikes will be prohibited from making any returns, regardless of the reason, until the strikes fall off the account.
NOTICES
All notices under this Agreement must be in writing (which includes emails). If You have any questions or comments about the TOS or the Service or wish to terminate this Agreement, please contact Us by email at: contact@rubinsinger.com
You also may write Us at:
Brandmakers, Inc
ATTN Rubin Singer Legal 230 W 39th Street
6th floor
NY NY 10018
We will provide all notices to You at the email address or physical address that You have provided to Us. You are solely responsible for keeping that information current and accurate.
All agreements, notices, disclosures, and other communications that We provide electronically to You satisfy any legal requirement that such communications be in writing.
MISCELLANEOUS
If any term of these TOS is found by any court or arbitrator to be void or otherwise unenforceable, the remainder of this Agreement will remain valid and enforceable as though such term were absent upon the date of the execution of this Agreement. From time to time, We may offer special promotional offers which may or may not apply to Your Account. Headings are for reference purposes only and do not limit the scope or extent of such section. Any failure by You or Us to enforce any provision of these TOS will not constitute a waiver of such provision or of any other provision of these TOS. Except as otherwise expressly provided in these TOS or any Additional Terms, there will be no third-party beneficiaries to these TOS or any Additional Terms. These TOS, Our Privacy Policy and any Additional Terms constitute the entire agreement between You and Us and govern Your use of the Service, superseding any prior agreements between You and Us with respect to the Service. No joint venture, partnership, employment, or agency relationship exists between You and Us as a result of these TOS or Your access to and use of the Service. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, You must provide and are responsible for all equipment necessary to access the Service. Your rights and duties under these TOS (or any Additional Terms) are not assignable by You without Our written consent and any prohibited assignment is null and void. These TOS will inure to the benefit of, and are intended to be enforceable by, the parties and their respective successors and assigns. Any provision of these TOS that imposes or contemplates continuing obligations on You or Us will survive the expiration or termination of these TOS.
SALES TAX
Purchases may be subject to sales, use, excise and other tax in some jurisdictions. It is Your responsibility to ascertain and pay all taxes due. I
PACKING AND SHIPPING
You are responsible for all shipping costs and fees. We will, at Your expense, either provide packing, handling, insurance and shipping services.
