Qumpus, Inc., d.b.a. RIPECARAMEL, a Georgia corporation, (“RIPECARAMEL”, “we” or “us”) operates the web site located at the u.r.l., www.RIPECARAMEL.com (the “Site”). These Terms of Use govern your access to and use of the Site. Your access to and use of the Site are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Site, you agree to be bound by these Terms of Use, our Privacy Policy, and any other terms, guidelines or rules that are applicable to any portion of the Site that you may access, without limitation or qualification. If you do not agree to these Terms of Use, you must exit the Site immediately and discontinue any use of information, products or services from the Site.
Registration
If you open an account or register to use the Sites, you are required to select a password and user name, which shall consist of an email address that you provide. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You are responsible for safeguarding any password that you use to access any areas of the Sites. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You agree to immediately notify RIPECARAMEL of any unauthorized use of your password. You shall be responsible for any and all fees and charges incurred under your account or using your password, whether or not incurred by you or a third party, with or without your authorization. You agree to reimburse us for all costs and expenses, including, without limitation, attorneys, fees and collection fees, incurred by us in our efforts to collect any outstanding balance from you. We reserve the right to refuse registration of, or cancel your account at our sole discretion.
Age of Users
Children under the age of 13 may not use the Sites and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.
If you are under the age of 18 but at least 13 years of age, you may use the Sites only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Sites, including all financial charges and legal liability that he or she may incur.
User Submissions
All communications, comments, feedback, bug reports, suggestions, ideas, content, and other submissions submitted to RIPECARAMEL through the Sites (collectively, “Submissions”) shall be and remain RIPECARAMEL’ property with all worldwide rights, titles and interests in all copyrights and other intellectual property in such Submissions hereby being assigned to RIPECARAMEL by you. All Submissions, as well as all communications made by you through the Sites, including, without limitation, blog and chat messages shall not (i) be illegal, defamatory, trade libelous, threatening, invasive of privacy or harassing; (ii) be obscene or contain any pornography; (iii) contain any software viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (iv) infringe upon any third party’s copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy; (v) consist of or contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”; or (vi) otherwise create or result in any liability for RIPECARAMEL. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions. RIPECARAMEL reserves the right (but has no obligation) to remove or edit any such Submissions. RIPECARAMEL has no responsibility and assumes no liability for any Submissions posted on the Sites by you or any third party.
Electronic Communications
When you visit the Sites or send e-mails to us, you are communicating with us electronically. By doing so, you thereby consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Promotional Messages
We and/or our service providers, such as Klaviyo and Attentive, may, from time to time, send email or text messages to you containing advertisements and/or promotions. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from RIPECARAMEL, including text messages that may be sent using an automatic telephone dialing system (“Messaging Service”), to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. You can opt-out of receiving further commercial text messages via the Messaging Service by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that RIPECARAMEL and its service providers will have no liability for failing to honor such requests. If you are experiencing any problems with the Messaging Service related to emails, please visit: https://www.klaviyo.com/legal/privacy-policy or with the Messaging Service related to text messages, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email [email protected] or [email protected].
WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY SUCH EMAIL MESSAGES, SMS OR MMS MESSAGES OR ANY GOODS OR SERVICES THAT MAY BE OBTAINED FROM SUCH THIRD PARTIES, AND YOU AGREE THAT WE SHALL HAVE NO LIABILITY WITH RESPECT THERETO.
Order Information
By making a purchase from the Sites, you understand and agree that we may share information about you and your transaction with other companies for the purpose of processing your transaction, including, without limitation, for purposes of fraud prevention, vendor direct shipping and credit card authorization.
Proprietary Rights
The Sites and their entire contents, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by RIPECARAMEL, its licensors or providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on the Sites are registered and unregistered trademarks of RIPECARAMEL and/or its third-party licensors or partners. Nothing contained on the Sites should be construed as granting you any license or right to use any trademark without the prior written permission of RIPECARAMEL.
External Links
The Sites contains links to other websites on the Internet. We provide these links for your convenience only, and we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on websites that link to or from the Sites. We cannot ensure that you will be satisfied with, and we hereby disclaim any and all liability and responsibility with regard to, any products or services that you purchase from a third-party website that links to or from the Sites or third-party content on our Sites. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party websites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such websites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. In addition, we disclaim all warranties express or implied, as to the accuracy, legality, reliability or validity of any content on any such website, or that such website will be free from viruses or other harmful elements.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide RIPECARAMEL’ copyright agent the written information specified below. Please note that this procedure is exclusively for notifying RIPECARAMEL that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Sites, including the ISBN if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
RIPECARAMEL attempts to be as accurate as possible with regard to the descriptions of books and other products that it sells on the Sites. However, RIPECARAMEL does not warrant that such descriptions or other content of the Sites is accurate, complete, reliable, current, or error-free. If a product offered by RIPECARAMEL is not as described on the Sites, your sole remedy is to return it, in the same condition as received, either for replacement with the same or a comparable product or for a refund within thirty (30) days after receipt.
Pricing
The cost of shipping, based on the “Ship To” address, is built in to the purchase price of the book. In addition, we make reasonable efforts to accurately price all books and other products offered on the Sites; however, despite our best efforts, a small number of the items may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Privacy Policy
The privacy practices that we follow when collecting and using personal information (“Personal Information”) and other information that you submit to us through the Sites are described in our Privacy Policy, located at ripecaramel.com/go/privacy. By using the Sites, you consent to the collection and use of your Personal Information by us as described in the Privacy Policy.
Disclaimer
We provide THE Sites and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about THE Sites. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
LIMITATION OF LIABILITY
IN NO EVENT WILL RIPECARAMEL, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER LINKED WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER LINKED WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the RIPECARAMEL, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your Submissions, any use of a Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Sites.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Modification of the Sites or Terms of Use
RIPECARAMEL reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which the Sites is offered and/or the products, services, features, links, content, information and any other materials are offered via the Sites, at any time and from time to time, without notice or further obligation to you. By continuing to access or use the Sites after RIPECARAMEL makes any such modifications, alterations or updates, you agree to be bound by such modifications, alterations or updates (as applicable).
Conflict of terms
If there is a direct conflict or contradiction between the provisions of these Terms of Use and any other relevant terms and conditions, policies or notices that apply to a particular section or module of the Sites, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Sites shall prevail in respect of your use of that relevant section or module of the Sites.
Governing Law and Jurisdiction
Use of the Sites shall in all respects be governed by the laws of the State of Georgia, U.S., without regard to its conflicts of law principles. The parties agree that the courts located in Fulton County, Georgia, United States of America, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts and waive any and all objections to such jurisdiction and revenue, including, without limitation, forum non-conveniens.
International Use
Please be aware that we have locations in the United States and that the Sites are governed by United States law. If you are using the Sites or accessing the Sites from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located.
RIPECARAMEL makes no representation that the Sites are appropriate or available for use in locations outside of the United States, and access to the Sites from territories where such Sites is illegal is prohibited. Those who choose to access the Sites from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Sites in violation of United States export laws and regulations.
If you use the Sites or access the Sites outside of the United States, we may transfer, store, and process your information to and in the United States. We will implement safeguards to ensure an appropriate level of data protection for your information. If you use the Sites or access the Sites outside of the United States, you will not access or use the Sites if you are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by the United States; and agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Sites. The Sites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.
Severability
Any provision of these Terms of Use which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void, and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Waiver; Entire Agreement
Any waiver of any provision of these Terms of Use must be in writing and signed by RIPECARAMEL to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. These Terms of Use and our Privacy Policy constitute the entire understanding and agreement between you and us relating to the subject matter hereof and supersede any and all prior statements, understandings or agreements, whether oral or written regarding such subject matter, and shall not be modified except in writing, signed by you and RIPECARAMEL.
Termination
Your access to the Sites and your account may be terminated immediately without notice from us, if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use. Upon termination, you must cease use of the Sites and your account, and neither you, nor any third party on your behalf, shall access or attempt to access the Sites for any purpose whatsoever.