Terms of Service

This website, www.ruhras.com is operated by RuhRas. RuhRas offers this website (the Site), including all information, tools and services available from the Site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Please read these Terms of Service (these “Terms”) carefully before using the Site. our website. These Terms, together with Terms of Sale, the Refund Policy, and the Privacy Policy (collectively, the “Agreement”) govern your access to and use of the Site and any other RuhRas communications and properties that reference these Terms (collectively, the “Site”). By visiting or accessing any part of our Site (including purchasing a product from our Site), you agree to be legally bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. As used in the Agreement, the terms “”, “we”, “us” and “our” refer to RuhRas LLC and “you” means the user (if using our Site as an individual), or the business employing the user (if using our Site for the benefit of a business). If there is any conflict between these Terms, the Privacy Policy, or the Terms of Sale (which includes the Refund Policy), these Terms will govern, followed by the Terms of Sale (if applicable), followed by the Privacy Policy. ​ If you do not agree to all the terms and conditions of the Agreement, then you may not access or use the Site. Any new features or tools which are added to the Site or our online store shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. THESE TERMS CONTAIN VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY IN SECTION 10 AND AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 12. BY AGREEING TO THE AGREEMENT, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

Certain content presented on our Site is intended to impart general nutrition, fitness and wellness information. Such informational content is not intended to be construed as, or be a substitute for, professional medical advice, diagnosis or treatment. You should always seek the advice of your physician or other qualified health provider before beginning a new nutrition or fitness program. If you have any questions or concerns regarding your health or nutrition or any medical condition you should always consult with a qualified health provider. Never disregard professional medical advice or delay in seeking it because of anything on or associated with our Site, content, or products. If you think you may have a medical emergency, call your doctor or 911 immediately. Neither we nor our Site recommend or endorse any specific tests, physicians, products, procedures, opinions, course of treatment, therapy or other information on or associated with our Site. You should always consult your own qualified health care professional concerning your particular circumstances and needs and not rely on our Site or content. Use of our Site, content, and products is solely at your own risk.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Site subject to the terms of the Agreement and the following restrictions in particular:

• You will not (and may not solicit others to) use our products, the Site, or any Site content:
  • for any unlawful purpose or in violation of any applicable international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to upload or transmit viruses, worm, Trojan horse, time bomb, spyware, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, hardware, software or equipment, or the Internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape or in any way reproduce or circumvent the navigational structure or presentation of our Site, without our express prior written consent;
  • viii.for any obscene or immoral purpose; or
  • to interfere with or circumvent the security features the Site or any related website, other website, or the Internet.
• You are prohibited from posting or transmitting, through or in connection with our Site:
  • Any unlawful, threatening, defamatory, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, hateful, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law;
  • Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
• You will not reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to our Site;
• You will not, except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our Site; and
• You will not remove any copyright, trademark or other proprietary rights notices from our Site or from materials originating from our Site.

All content on this Site, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire content of this Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement and enhancement of such content. Unless expressly stated otherwise, you may not modify or otherwise exploit the content on our Site in any way or form without our prior express written permission. All trademarks, trade names, service marks or logos appearing on this Site are the property of their respective owners, including, in some instances, us and/or our licensors. Specifically, the name “RuhRas” and the other RuhRas marks, phrases, logos, and designs that we use in connection with our Site are trademarks, service marks, or trade dress of RuhRas in the US and other countries. Nothing contained on this Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos that we or any third party own. No right, title, or interest in or to this Site or any content on this Site is transferred to you, and all rights not expressly granted are reserved by us. You acknowledge and agree that you do not acquire any ownership rights by downloading or printing any materials contained or distributed in this Site.

The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all information on the Site has been modified or updated.

Except to the extent prohibited by law, you agree to indemnify, defend and hold harmless RuhRas and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, costs, liabilities and settlements, including without limitation reasonable attorneys’ fees, made by any third-party arising out of or related to (a) your breach of the Agreement; (b) your use of, or activities in connection with, our Site; and (c) your violation of any law or the rights of a third-party, including any allegation that User Content from you infringes, misappropriates, or otherwise violates the intellectual property, publicity, privacy or other proprietary rights of others or violates these Terms. If you are a California resident, you waive California Civil Code Section 1542, 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

The Agreement and all claims related thereto is governed by and shall be construed in accordance with the laws of the State of Pennsylvania, without giving effect to any conflict of laws principles, and the United States Federal Arbitration Act. All activity occurring in connection with the Site (including, but not limited to, accessing pages, downloading materials, etc.) is presumed to occur in the State of Pennsylvania. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

• You hereby agree that any claim or dispute between you and RuhRas, whether brought by you or by RuhRas, arising out of or relating in any way to the Agreement, your use of our Site or any of our content, or other aspect of the Site, must be resolved through final, binding arbitration, except that either you or we may assert claims in small claims court if those claims qualify under applicable law. In addition, either you or we have the option to bring claims in court to enjoin infringement or other violation of intellectual property rights without seeking damages. This arbitration obligation applies regardless of whether the claim or dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Unless you opt-out of arbitration as set forth below, the arbitrator, and not any federal, state or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this arbitration provision, including any claim that all or any part of this arbitration provision is void or voidable. There is no judge or jury in arbitration, the arbitration will be subject to different rules than the rules that would apply in court, and court review of arbitration awards is very limited. However, an arbitrator can award on an individual basis the same damages and other relief as a court (including injunctive and declaratory relief and statutory damages), and must follow the Agreement, as a court would.
• All arbitrations under the Agreement shall be conducted on an individual, and not on a class-wide, basis, and an arbitrator shall have no authority to certify a class or award class-wide relief. The arbitrator is authorized only to award relief on behalf of the individual parties and only to their extent of their individual claims. You acknowledge and agree that unless otherwise agreed in writing by you and RuhRas, with regard to any claims hereunder, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims. You agree you will not proceed in any court or arbitration proceedings as a representative of others (including in the capacity of a private attorney general), join in any court or arbitration proceedings brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator. Your waivers of your rights to bring or participate in court proceedings and as a representative or member of a class applies specifically, but is not limited to, claims brought under California’s Unfair Competition Law, False Advertising Act and its Consumer Legal Remedies Act, Ohio’s Unfair and Deceptive Trade Practices Act and any other state consumer protection laws.
• Before commencing any arbitration proceedings under the Agreement, a party must first send to the other a written notice of dispute (“Notice”). Your Notice to RuhRas must be sent to: 1003 W Aaron Dr., Apt #4C, State College, Pennsylvania 16803. If a party’s claim is not resolved within sixty (60) days of delivery of the applicable Notice, you or we may commence arbitration proceedings in accordance with the Agreement. The arbitration of any claim or dispute hereunder (including whether a valid arbitration agreement exists and whether it covers the dispute) shall be conducted by a single, neutral arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association or its successor (“AAA”) or, if you are an individual, the AAA’s Consumer Arbitration Rules, which are available by calling the AAA, at 1-800-778-7879, or by visiting its website at www.adr.org. If those rules conflict with any portion of the Agreement, the Agreement shall control. The arbitration of any claims or disputes hereunder shall be conducted in State College, Pennsylvania, except that if you are an individual the arbitration may be conducted in the county or parish of the billing address you provide to us (if applicable) or else in the county or parish of your primary residence. You or we also may choose to have the arbitration conducted by telephone, based on written submissions, or in person at another mutually agreed location. Payment of all filing, administration, and arbitrator fees will be governed by AAA’s rules. If you are an individual, we may reimburse you for those fees for claims totaling less than $10,000, unless the arbitrator determines your claims are frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
• YOU AND WE SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF US EXPRESSLY WAIVES THE RIGHT TO BRING A LAWSUIT IN COURT BASED ON ANY CLAIMS OR DISPUTES DESCRIBED IN SECTION 12(a) ABOVE, AND THAT YOU AND WE EXPRESSLY WAIVE THE RIGHT TO HAVE SUCH LAWSUIT RESOLVED BY A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION. AS SUCH, YOU AND WE HEREBY AGREE TO RESOLVE ANY AND ALL CLAIMS DESCRIBED IN SECTION ABOVE VIA INDIVIDUAL BINDING ARBITRATION PER THE TERMS AND CONDITIONS SET FORTH IN SUBSECTIONS 12(b) AND 12(c) ABOVE.
• Subject to reimbursement of certain fees as described in Section 14, each party shall pay its own fees and costs of its own attorneys, experts and witnesses incurred in connection with any arbitration or court proceeding between the parties, notwithstanding any provision awarding attorneys’ fees to a prevailing party that may be a part of any statute under which you or we may bring a claim.
• You may opt out of Sections 12(a)-(d) by sending a notice (“Rejection Notice”) to RuhRas no later than sixty (60) days after your first consent to the Agreement or to any subsequent revisions to this Section 12. If you opt out of a subsequent revision, you will remain bound by the prior version of this Section unless you previously opted out of that version. You must mail the Rejection Notice by certified mail return receipt requested or messenger service (e.g. Federal Express) to 1003 W Aaron Dr., Apt #4C, State College, Pennsylvania 16803]. In the event of any dispute concerning whether you provided a Rejection Notice within sixty (60) days, you must provide a signed receipt confirming RuhRas received the Rejection Notice within sixty (60) days. You may opt out of the Agreement in its entirety by not using the Site.
• To the extent that a dispute is not subject to arbitration under this Section 12, such dispute may be resolved through an action brought in the appropriate state or federal court located in State College, Pennsylvania and both parties irrevocably consent to the jurisdiction and venue of such courts for the adjudication of any non-arbitrable claims and waive any objection to such courts on any basis, including without limitation inconvenience of the forum.

When you use our Site or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the applicable portions of our Site. You may update your information for notice purposes by logging in to your account. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw your consent for us to communicate with you electronically, you must terminate your account (if any) and you may not use our Site.

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. Modifications will be posted on the Site and will be effective as of the date of posting. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site following the posting of any changes to these Terms constitutes acceptance of those changes. The “last updated” date at the top of this page will be revised to reflect the posting date of the current Terms.

• Interpretation. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
• Entire Agreement. These Terms, together with the Terms of Sale (including the Refund Policy), the Privacy Policy, and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
• Waiver; Severability. The failure of RuhRas to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized RuhRas representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
• Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between you and RuhRas or any of RuhRas’s affiliates. RuhRas and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
• Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may freely assign or delegate any and all rights and obligations under these Terms without notice to you.
• Consumer Protection; Notices. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about the Site must be sent via mail or courier to: 1003 W Aaron Dr., Apt #4C, State College, Pennsylvania 16803. Regardless of which method is used, you must ensure that where available, a tracking service is used. ​

Under California Civil Code Section 1789.3, users of this Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. All notices will be in writing and will reference these Terms. We may notify you using the information you provided, including by email. Service will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post. The address for RuhRas for notice purposes is: 1003 W Aaron Dr., Apt #4C, State College, Pennsylvania 16803. ​

• Contact Information. Questions about these Terms of Service should be sent to us at [email protected].