Terms of Use

1. Terms

By accessing RubyTree you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in RubyTree are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of any downloadable materials on RubyTree’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
This license shall automatically terminate if you violate any of these restrictions and may be terminated by RubyTree at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on RubyTree’s website are provided 'as is'. RubyTree makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, RubyTree does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall RubyTree be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to use the materials on RubyTree’s website, even if RubyTree or an authorized of RubyTree has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on RubyTree’s website may include technical, typographical, or photographic errors. RubyTree does not warrant that any of the materials on its website are accurate, complete, or current. RubyTree may make changes to the materials contained on its website at any time without notice. RubyTree does not, however, make any commitment to update the materials.

6. Links

RubyTree has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by RubyTree of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

RubyTree may revise these Terms of Use for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms of Use.

8. Governing Law

Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.

Updated Terms of Use (2024)

This website is owned and operated by RubyTree Limited (“RubyTree” or “we”), on its own behalf and on behalf of its affiliated entities. We have included full details of who we are at the end of the Terms and Conditions.

Terms and Conditions

If you are under 18 years of age, please be sure to read these terms and conditions with your parent or guardian and ask questions about things you do not understand.

These Terms and Conditions apply to your use of this website, its features and contents (“the Site”). Please read these Terms and Conditions carefully before using and/or registering on the Site because by accessing or using the Site or any mobile versions of it or by linking to it, you signify that you have read, understood and agreed to be bound by these Terms and Conditions. These Terms and Conditions are a legally binding agreement between you and us.

You are responsible for bringing these terms to the attention of anyone who may read material on this Site as a result of your access to it.

We reserve the right, at our sole discretion, to change, add or delete portions of the Terms and Conditions at any time. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate at the top of this page the date these terms were last revised. We may send registered users and subscribers an email notifying you of the change. Your continued use of the Site after any such change whether or not you received an email from us notifying you of any changes, constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, please do not use or access (or continue to use or access) the Site.

We reserve the right, at our sole discretion, to make any changes to the Site and levels of service offered and to terminate access at any time.

You must not use data mining, robots, scraping or similar data gathering or extraction methods on any part of this Site without our express prior written consent.

Please note that the usage and purchase terms and privacy policies of various RubyTree products and services within this Site or linked to this Site may be subject to more specific terms and policies. Please check those terms and policies frequently to determine the terms applicable to such RubyTree products and services. If there is a conflict between those more specific terms and conditions and these Terms and Conditions, then the more specific terms and conditions will apply.

User License

You are granted a limited, personal, non-exclusive, non-assignable, and non-transferable license to access and use the Services for non-commercial, personal use only, and subject to the terms and restrictions set forth herein.

Use of the Services for any purpose other than as contemplated in the Terms of Use is a violation of RubyTree’s and/or its licensors’ copyright and proprietary rights. Neither RubyTree nor its licensors guarantee the accuracy or completeness of any information or content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. All rights not expressly granted herein are reserved by RubyTree.

Certain features of the Services may be provided by third parties and the use of such features may be conditioned upon your agreement to such third parties’ terms of use and privacy policies. You understand that the Terms of Use applies only to the parts of the Services that reside on RubyTree’s (or its service provider’s) servers and not to those that reside on third-party servers not controlled by RubyTree.

Proprietary Rights in Content; Limited License

All materials on or available through this Site is the copyright of RubyTree and its licensors, unless otherwise stated. All rights are reserved.

Users are permitted to view, print and download the material for personal, non-commercial and classroom use only but in so doing are not permitted to remove or amend any trademark, copyright or other proprietary notice. Classroom use refers to non-commercial uses by a qualified teacher during a class of students registered in a qualified educational institution (“classroom use”).

Users are not entitled to modify the content of this Site or reproduce, republish, distribute, transmit, link, frame or deep link it on any other website without the express permission of RubyTree. Users may not distribute, transmit, reproduce or publish by electronic or any other means any part of the data or any material generated by or through the site without the prior written permission of RubyTree. Users may not create a database in electronic or structured manual form by systematically downloading and storing all or any of the content. All other rights reserved.

All trademarks used on this Site are the property of their respective owners. 'RubyTree', 'RubyTree Learning’, ‘Are You Ready for College', 'Are You Ready Labs', are trademarks of RubyTree or other companies in the RubyTree group. The use of any trademark on our Site does not imply any affiliation with or endorsement of our Site by such owners.

Representation and Warranty

As a condition of your use of the Services, you warrant to RubyTree that you will not use the Services for any purpose that is unlawful or prohibited by the Terms of Use, AUP, or any other RubyTree Policy. You agree not to obtain or attempt to obtain any materials or information not intentionally made available to you on the Services.

Purchase Terms and Tax Information

Please refer to the Purchase Terms and Tax Information for the terms, conditions and policies applicable to your purchase of any products, subscriptions or services from us or our affiliated entities. A link to them will appear when you start the ordering process. By ordering products or services through the Site, you agree to be bound by and accept the Purchase Terms and Tax Information. The Purchase Terms and Tax Information are subject to change from time to time in our (or our affiliated entities') sole discretion so you should review them each time you make a purchase.

Registration Data and Account Security

When you register for any services offered on the Site requiring registration, you are asked to provide specific information as set out in the registration form (“Registration Details”). You must provide accurate Registration Details and update your Registration Details as necessary so that they maintain their accuracy. You must keep your password and identification details secure, and you are fully responsible for all use of your account and for any actions that take place using your account.

You must not allow others to use your Registration Details or account, and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify RubyTree immediately of any unauthorized use of your Registration Details or account. RubyTree will not be liable for any losses arising out of the unauthorized use of your Registration Details and/or account and you agree to indemnify and hold harmless RubyTree or any associated companies, agents, affiliates and/or licensors, as applicable, for unauthorized uses of your account.

Security of Examination Materials

All users are responsible for maintaining the security of examinations materials downloaded through this Site or any related online service. Secure examination materials must be downloaded and handled only by authorized members of center staff and in accordance with RubyTree instructions for the conduct of examinations. Improper use of such materials, including a failure to maintain their security, may be considered malpractice and lead to the imposition of sanctions against the center and/or individuals. Any confirmed or suspected breaches of examination security must be reported immediately to RubyTree at [email protected].

The head of the organization assigning access is responsible for ensuring that access to RubyTree and other secure systems is only given to authorized members of the organization. All users are responsible for maintaining the security of their password at all times. Any unauthorized use of the organization’s EOL account by any third party must be reported immediately to RubyTree using the email address above.

Privacy

Registration Details or other information you provide to us as part of our registration process will be treated in accordance with our Privacy Notice, which forms part of these terms and conditions.

User Conduct

The Site and all its features, whether or not requiring password registration or payment, is available for your personal, non-commercial use only. You represent and warrant and agree that no materials of any kind submitted to the Site, including if you registered with us through your EOL account, or otherwise posted, transmitted or shared by you will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights or contain libelous, defamatory or otherwise harmful material.

You may not use the Site or any of its features for any illegal or unauthorized purpose. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all your acts or omissions and for all those that occur under your account.

By submitting any material to us you agree to abide by the following rules. RubyTree reserves the right but does not have an obligation to monitor materials or any information which is posted on any part of the Site, any bulletin boards, discussion forums or any tools available on the Site allowing you to post comments, material, views, reviews or comment on material posted by you, us or others or to interact with others or materials in any way (“the Interactive Areas”) and on any part of the Site requiring registration or subscription allowing you to do any of the above.

We also have the right, but no obligation, at any time to delete, remove, or suspend the whole or any part of the materials on this Site or any content posted on them including in any Interactive Areas and areas requiring registration or subscription without notice and without incurring any liability. No part of our Site is meant for you to post third-party copyrighted content. That includes the Interactive Areas including those requiring registration and/or subscription. And it means third party copyright content such as songs, film clips, an episode of a TV program, parts of books, news articles, illustrations, photos or music videos.

If you find objectionable or offensive material, please let us know as soon as possible via the report abuse button or by emailing [email protected].

The views, statements and opinions expressed in any of the Interactive Areas in any form are those of the individual contributors or advertisers and not the statements and opinions of RubyTree or its affiliated entities.

By posting your comments or materials on the Interactive Areas, you grant us and our affiliated entities a non-exclusive, perpetual, irrevocable, royalty-free, world-wide license to use, reproduce, modify, adapt, translate, publish, make available, distribute, include in other works, sub-license and display any content you submit to us in any format now known or later developed. By submitting material you acknowledge that you waive any moral rights you may have in it.

If you do not want to grant us these rights, please do not submit your comments or materials to us.

You may use the Interactive Areas only to post content that is proper and appropriate to such areas and you must not do any of the following:

advertise, promote or offer to sell any goods or services even if you are acting for a charity or non-profit organization;
post, transmit unsolicited promotional material “junk” mail or “spam”, pyramid schemes;
harvest or collect email addresses or other contact information or use automated scripts to collect information from or otherwise interact with the Site;
reveal any confidential or sensitive information;
reveal any personal information on other persons (for example, email address, telephone number or postal address, credit card numbers, social security numbers);
post or link to any content that we deem unlawful, defamatory, obscene, threatening, offensive, fraudulent, harmful or otherwise objectionable (this includes but is not limited to text, graphics, video, programs or audio);
post content which you do not have permission to use, in particular, material that contains the intellectual property rights of third parties;
upload, post share or otherwise make available any material that contains software viruses, computer codes, worms, trojans or any other components with harmful or contaminating effects to any user or equipment;
imply that any statements you make are endorsed by us;
delete any author attributions, legal notices or proprietary designations or labels in any content that is posted;
falsify the origin or source of content that is posted;
contribute content with the intention of committing or promoting an illegal act;
use inappropriate (e.g. vulgar or offensive) language or user names;
impersonate any living person or purport to represent any organization;
use or attempt to use another’s account, service or system without authorization, register for more than one account or register on behalf of another individual, group or entity;
reformat or frame any portion of the web pages that are part of the Site, deep link into it without permission.

Please bear in mind that we will identify you with content you submitted and may release that information to a court or other official if ordered to do so.

We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or other intellectual property rights, is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

We do not undertake to keep or make available any material that you or anyone else has contributed to the Site for any length of time or at all. We may delete, archive, make unavailable, modify or comment on any material, and close or suspend any discussion topic at any time without notice.

You may not use the words “RubyTree”, “Longman”, “Heinemann”, “Addison Wesley”, “Prentice Hall” or any other trademark used on the Site or belonging to us or our affiliated entities, in particular in any meta-tags or other “hidden text”, in each case without our express prior written consent.

User Disputes

You are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Disclaimers

Although we try to ensure that the information we provide on this Site is correct, it is provided on an 'as is' basis, without warranties of any kind. No warranty, express or implied, is given that any of the content of this Site is accurate, complete or up to date. RubyTree does not accept any liability for any error or omission of any content on this Site, including content provided by us or any affiliated entities or by any users or other third parties.

Any and all representations and warranties whether express or implied, including implied warranties of merchantability, fitness for a particular purpose or non-infringement, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise are excluded to the fullest extent permitted by law. We do not exclude any liability in respect of death or personal injury caused by our negligence, liability for our fraud, or any other liability that we cannot exclude by law.

We cannot guarantee and do not promise any specific results from use of the Site.

Use of this Site and any content on any part of it whether requiring registration and/or subscription or not is at your own risk. RubyTree will not be liable to any users of this Site (whether registered users, subscribers or not) and any third parties for any claims or losses of any nature including, but not limited to, loss of profits, direct, indirect, special or consequential damages arising from a user’s or third party's use or inability to use this Site or any part of it, including any loss of data or lost profits or wasted time of management or employees even if RubyTree is aware of or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, RubyTree’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us.

RubyTree accepts no responsibility for the content on any website to which a hypertext link from this Site exists or for any use of personal data by the third party operating such a website. The links are provided 'as is' with no warranty, express or implied, for the information provided within them.

All authors or providers of a link into this Site should note that RubyTree does not necessarily read, check or edit the content from such links and RubyTree accepts such material linked to its Site purely on the basis of an understanding that RubyTree is a distributor (not a publisher) of such material and by linking to this Site, the author or provider of the link gives an implied warranty that he/she/it will indemnify RubyTree in the event of any action arising as a result of such material appearing on or via this Site. All persons accessing this Site are also put on notice of such fact.

While RubyTree makes all reasonable attempts to exclude viruses or other code with contaminating or disruptive properties from the Site, it cannot ensure such exclusion and no liability is accepted for viruses and any computer code/software. You are recommended to take all appropriate safeguards before downloading information from this Site.

Information transmitted via this Site will pass over public telecommunications networks. RubyTree makes no representation or warranty that the operation of this Site will be uninterrupted or error free and disclaims all liability in this respect. The Site may be temporarily unavailable from time to time for maintenance or other reasons.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(1) YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE MADE BY RUBYTREE OR ITS LICENSORS AND RUBYTREE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;

(2) NEITHER RUBYTREE NOR ITS LICENSORS MAKE ANY WARRANTY THAT: (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, AVAILABLE FOR ANY LENGTH OF TIME, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED; AND

(3) ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED FROM THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK; NEITHER RUBYTREE NOR ITS LICENSORS SHALL BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUTTED BY YOU THROUGH THE USE OF THE SERVICES, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THE SERVICES.

Limitation of Liability

IN NO EVENT SHALL RUBYTREE OR ITS EMPLOYEES, AGENTS, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE LOSS OF DATA AND/OR THE USE OR THE INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (d) ANY OTHER MATTER RELATING TO THE SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the limitations above may not apply to you.

Indemnity

You agree to hold harmless, indemnify, and at our request defend, RubyTree, its parents, subsidiaries and other affiliated entities and their respective owners, officers, managers, agents and employees from and against any third party claim arising from or in any way related to your material, your use of, conduct on the Site, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses and lawyers fees, for every kind and nature. In such a case, we will provide you with written notice of such claim, suit or action to the address you registered with us.

You agree to indemnify and hold RubyTree and its subsidiaries, affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claims, actions, costs, liabilities, expenses and damages, including reasonable attorneys’ fees and expenses, made against RubyTree by any third party due to or arising out of your use of the Services, your connection to the Services, your breach of any representation, warranty or obligation, your violation of this Terms of Use, or your violation of any rights of another user.

Feedback and Submissions

We welcome specific feedback regarding existing RubyTree Products and Services, which may be provided at [email protected]. You hereby acknowledge that all right, title, and interest and any other intellectual property rights in such feedback, comments, or suggestions shall become the exclusive property of RubyTree and may be used for its business purposes at RubyTree’s sole and absolute discretion without any payment or accounting to you. This policy is intended to avoid the possibility of future misunderstandings when projects developed by RubyTree might seem to others to be similar to their own feedback, comments, or suggestions.

We will not, however, otherwise accept, review, or consider any other unsolicited ideas, works, materials, proposals, suggestions, artwork, content or the like, including for advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials. Please do not send or provide any such submissions in any form to RubyTree or any of its employees or contractors. If you nonetheless still submit them, then regardless of what your correspondence says, you agree that: (1) your submissions and their contents along with related intellectual property rights will automatically become the property of RubyTree, without any compensation to you; (2) RubyTree may use or redistribute your submissions and their contents for any purpose and in any way on an unrestricted basis; (3) there is no obligation for RubyTree to review your submissions; and (4) there is no obligation to keep any submissions confidential.

Termination

RubyTree may immediately suspend or terminate your access to the Site without notice if any breach of these Terms and Conditions of use by you is brought to our attention. If you breach these Terms and Conditions and we take no action, we will not be deemed to have waived any of our rights and may still use any rights and remedies that were open to us when you broke them.

Your registration may be terminated and your profile and any content or information that you have posted on the Site may be deleted at any time. We may prohibit you from using or accessing the Site for any reason, at any time in our sole discretion, with or without notice. These Terms and Conditions shall apply to any use of the Site, also after your registration was terminated. We reserve the right to deactivate user accounts and usernames that have been inactive for more than 180 consecutive calendar days.

RubyTree reserves the right at any time, and from time to time, to discontinue, temporarily or permanently, the Services or any part thereof or terminate any user’s access to the Services or any part thereof. RubyTree may also modify, delete, or adapt the Services at any time without any notice or obligation to the user at RubyTree’s sole discretion. Your right to use and otherwise access the Services is automatically terminated if you violate the Terms of Use. You agree that RubyTree will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services, or any part thereof. Upon termination for any reason of your right to use and otherwise access the Services, you must cease all access to the Services. All provisions of the Terms of Use as to limitation and disclaimer of warranties, limitation of liability, RubyTree’s ownership rights, and your representations and indemnities shall survive termination.

Links to and from Other Websites

You may have linked to the Services from a third-party website and the Services may provide links to other third-party websites or resources (collectively, “3P Sites”). Because we do not control such 3P Sites you acknowledge and agree that RubyTree is not responsible or liable for the content, products or performance of those 3P Sites, and you hereby irrevocably waive any claim against RubyTree with respect to such sites. RubyTree reserves the right to terminate any link at any time without notice. The inclusion of a link to such 3P Sites does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by RubyTree of that 3P Site, or any products or services provided therein. The information practices of those 3P Sites are not covered by the Terms of Use or any other policies or terms applicable to the Services. We recommend that you review any terms of use and privacy policy of those 3P Sites linked to the Services before providing any information to those websites or using their products and services.

Please note that the Services may also provide links to other sites brought to you by RubyTree. The privacy statement and terms of use of other RubyTree sites may vary from the Terms of Use. Please review the privacy statements, terms of use and other policies or terms that may apply to other RubyTree sites prior to your use of such sites

Copyright and Trademark Notices

The entire content of the Services and any supporting software are the proprietary property of RubyTree and/or its licensors and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of the Services without the express written consent of RubyTree and/or its licensors is strictly prohibited.

Use of robots, bots, spiders, crawlers, scripts, code, software, or any manual or automatic device, program, tool, algorithm, process, or methodology designed to data mine or scrape the material, content, data, or information from the Services, or otherwise use, access, acquire, copy, collect, or monitor the material, content, data, or information from the Services using automated means and without the prior written permission of RubyTree is strictly prohibited.

Unless otherwise indicated, trademarks that appear on these Services are trademarks of RubyTree or its affiliates. All other trademarks not owned by RubyTree or its affiliates that appear in the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RubyTree or its affiliates. You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of RubyTree.

Reservation of Rights for Text and Data Mining

RubyTree reserves its rights to use the works, content, and data made available by it (collectively “Works”) for the purpose of text and data mining, i.e. for the automated analysis of individual or multiple digital or digitized Works for the purpose of obtaining or generating information, in accordance with the law, directives or regulations. Use of such Works for text and data mining is only permitted with the express and written consent of RubyTree and otherwise prohibited to the fullest extent permitted by law.

Digital Millennium Copyright Act Compliance

If you have any copyright concerns about any content or materials posted on the Services by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). Unless otherwise stated in any specific DMCA designation provided by RubyTree, please provide us with written notice (“Notice”) by contacting our Designated Agent at [email protected]

To be effective, the Notice must include the following:

A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
Information reasonably sufficient to permit RubyTree to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
Identification of the allegedly infringing material on the Services (“Infringing Material”), and information reasonably sufficient to permit RubyTree to locate such material on the Services;
Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works on the Services are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

General Information; Governing Law

The Terms of Use constitute the entire agreement between you and RubyTree, govern your use of the Services, and supersede any prior agreements between you and RubyTree concerning the Services. You also may be subject to additional terms, conditions, and policies that may apply when you access, purchase, or use other RubyTree or third-party products and services, affiliated services, third-party content, or third-party software. The Terms of Use and the relationship between you and RubyTree will be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and RubyTree agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Collin, in the State of Texas. The failure of RubyTree to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. Our failure to enforce any provision of these Terms of Use or to respond to a breach by you or other parties in no way constitutes a waiver of our right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches. If a provision of these Terms of Use is held invalid or unenforceable for any reason, that provision will be deemed severable and must be construed in a manner consistent with applicable law to reflect, as nearly as practicable, the intention of the parties. The validity and enforceability of any remaining provisions will not be affected. Those provisions will remain in full force and effect.

Ownership

The Services are owned and operated by RubyTree and the contents of the Services are protected by copyright of RubyTree and/or its licensors.

Violations

You agree to report any violations of the Terms of Use as soon as you become aware of them by contacting us at [email protected].