Customer Terms and Conditions

 

Please read these terms and conditions ("Agreement" or "Terms") carefully before using the services offered by Sezzle Holdings V, LLC ("Ruumur" or "we" or “us”). This Agreement sets forth the legally binding terms and conditions for your use of the various websites owned and operated by Ruumur, including, without limitation, the Ruumur.com website or mobile application ("Sites") offered by Ruumur, your purchase of the products sold through our Sites and App (the "Products"), and any other features, content, or applications offered from time to time by Ruumur in connection with the above (collectively, the "Service"). By using the Service in any manner, whether by purchasing any Products, or just visiting or browsing the Sites, you agree to be bound by this Agreement. By proceeding with using the Service, you represent and warrant that you are of legal age and status to enter into a contract with us. 

Acceptance of Terms

By using our Service, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Service. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, "you" and "your" will also refer to that company or other legal entity.

Modification of Terms of Use

We may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Sites or through other communications. It is important that you review the Terms whenever we modify them because if you continue to use the Service after we have posted modified Terms on the Sites, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Service anymore. Because our Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.

Privacy

Please review our privacy practices to understand what information we collect and how we use it. Our privacy policy is located at Privacy Policy (the "Privacy Policy") and is incorporated into these Terms. You acknowledge and agree that your use of the Service is subject to our Privacy Policy.

Purchases

Order Processing

You can purchase our Products by placing orders via our Sites. Ruumur reserves the right, in its sole discretion, to refuse to process or to cancel your order in certain circumstances. This may happen, for example, when the Product you ordered is out of stock, there are inaccuracies or errors in Products or pricing information, or our credit risk and fraud department identifies problems or in other circumstances that we, in our sole discretion, that we deem appropriate. Ruumur also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. We will not charge you for orders that we do not process or cancel. If we have already charged you for your order, then we will refund you the amount charged.

Fees and Payment

You will be charged immediately upon placing an order. Ruumur will use commercially reasonable efforts to have orders delivered within the estimated delivery time. However, sometimes items may be delayed due to factors beyond our control, and we will not be liable for any such delays. If you are making payment by credit card, you hereby authorize Ruumur or its third party payment processing service providers to charge your credit card for the price of the Products you have purchased.

Ruumur reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to or use such features, you agree to pay all applicable fees, as described on the Sites in connection with such features. Ruumur reserves the right to change its price list, product and service offerings, and to institute new charges at any time. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges or prices.

Product Descriptions

We attempt to provide accurate descriptions of Products on our Sites. However, Ruumur does not warrant that the Product descriptions, colors, images or videos are accurate, complete, reliable, current or error-free. If a Product offered on our Sites is not as described, your sole remedy is to contact us in accordance with our Return Policy (the "Return Policy").

Pricing and Discount Information

We strive to provide accurate pricing information about Products. We cannot, however, insure against pricing errors. Ruumur reserves the right, at its sole discretion, to refuse to process or cancel any orders placed for a Product whose price was incorrectly posted on the Sites as a result of an error. If this occurs, Ruumur will notify you by email. In addition, Ruumur reserves the right, in its sole discretion, to correct any errors in the listed price on its Sites.

We display discounts on our Sites or the App in connection with each Product. Discounts are calculated using pricing information provided to us by merchants (such as suggested retail prices from the manufacturer, supplier, or the merchant, or an estimated price based on standard industry practice).

Product Availability and Delivery

Our Sites or the App may contain information regarding the availability of the Products. Unfortunately, Ruumur cannot guarantee that an item listed as "in stock" will actually ship right away, as inventory can change significantly from day-to- day. In some cases, a Product that may be in stock when a customer places the order, may be sold out by the time Ruumur attempts to process the order, or there may be an error in the information about the availability of the Product. Should this happen, Ruumur will notify you by email. If we determine that a Product you ordered is no longer available, we will cancel that item from your order and provide you a full refund towards the cancelled Product, if you have already paid for it. We will notify you about the cancellation by email.

Return Policy

Unless otherwise required by law, Ruumur may accept returns on certain Products on a case-by- case basis. All sales of Product are”final”, “As-available” and on an “As-is” basis, we will not accept returns for such Product, unless it is defective. If a Product offered by Ruumur is defective, please send an email to [email protected] within 48 hours of receiving the Product, unless a longer time is required by law. We will either replace the defective product or issue a full refund. For more information on our Return Policy and how we handle Returns, please check our FAQs.

Risk of Loss

The risk of loss and title for such all items purchased from Ruumur pass to you upon our delivery to you.

Assumption of Risk for Products You Purchase

You understand that Ruumur does not manufacture or inspect any of the Products sold through our Sites. We provide the platform to facilitate such sales, but the Products are produced directly by independent manufacturers, so we cannot and do not make any warranties about their quality, safety, or even their legality. Any legal claim related to a Product you purchase must be brought directly against the manufacturer of the Product. You release Ruumur from any claims related to Products sold through our Service, including for defective items, misrepresentations by manufacturers, or items that cause physical injury (like product liability claims).

Ownership of the Sites and Service

All contents of the Service, including without limitation, the text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available on or through the Service are collectively referred to as "Content". The Service and Content, and all associated intellectual property rights are the sole and exclusive property of Ruumur and/or its licensors, and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Ruumur. You acknowledge that the Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.

License Rights

Rights in Content Granted by Ruumur

Subject to your compliance with these Terms, Ruumur grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Service and solely for your personal and non-commercial purposes.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms. The Service (including, without limitation, any and all Content on the Service), is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service.

You agree not to do any of the following:

  • Use, display, mirror or frame the Service or any individual element within the Service, Ruumur’s name, any Ruumur trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Ruumur’s express written consent;
  • Access, tamper with, or use non-public areas of the Service, Ruumur’s computer systems, or the technical delivery systems of Ruumur’s providers;
  • Attempt to probe, scan or test the vulnerability of any Ruumur system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Ruumur or any of Ruumur’s providers or any other third party (including another user) to protect the Service or Content;
  • Attempt to access or search the Service or Content or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided
  • Use any meta tags or other hidden text or meta-data utilizing a Ruumur trademark, logo URL or product name without Ruumur’s express written consent;
  • Use the Service (including our Products) or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content;
  • Violate any applicable local, national or international law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Third Party Sites

The Service may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Termination

Ruumur may, without penalty, discontinue, suspend or terminate the Services at any time.

Indemnification

You agree to indemnify, defend, and hold harmless Ruumur, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs (including attorneys’ fees) resulting from any violation of these Terms or any activity related to your purchases  (including negligent or wrongful conduct) by you or any person acting on your behalf.

Warranty Disclaimer relating to the Service

TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, THE SERVICE INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT AND ANY FEATURES MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY RUUMUR ON AN "AS IS" AND "AS AVAILABLE" BASIS. RUUMUR, AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RUUMUR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. Ruumur DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, OR ANY FEATURE MADE AVAILABLE TO YOU THROUGH THE SERVICE, RUUMUR'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM RUUMUR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RUUMUR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, OR ANY FEATURES MADE AVAILABLE TO YOU THROUGH THE SERVICE. 

Warranty Disclaimer relating to the Products

TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, THE PRODUCTS (INCLUDING ANY SOFTWARE THAT MAY BE USED IN SUCH PRODUCTS) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY RUUMUR ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING BY RUUMUR. RUUMUR, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR EXPECTATIONS.

YOU MAY BE ELIGIBLE FOR THE MANUFACTURER’S WARRANTIES THAT APPEAR ON OR WITH THE PRODUCTS YOU BUY. EXCEPT FOR SUCH MANUFACTURER’S WARRANTIES, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RUUMUR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. RUUMUR DOES NOT WARRANT THAT THE PRODUCTS (INCLUDING THE SOFTWARE THAT MAY BE USED IN ANY PRODUCTS) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RUUMUR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRODUCTS (INCLUDING THE SOFTWARE THAT MAY BE USED IN ANY PRODUCTS).

RUUMUR IS NOT LIABLE FOR ANY COUNTERFEIT OR NON-GENUINE ITEMS.  RUUMUR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE AUTHENTICITY OR ORIGIN OF THE ITEMS.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT SHALL RUUMUR, OR ITS DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR PRODUCT DESCRIPTIONS, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF A) AMOUNTS PAID OR PAYABLE BY YOU IN CONNECTION WITH THE SERVICE; OR B) ONE-HUNDRED U.S. DOLLARS ($100.00). 

Dispute Resolution

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this Agreement, this Agreement is entered into by the parties in the State of Minnesota and the laws of the State of Minnesota, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Ruumur. 

Agreement to Arbitrate and Class Action Waiver.

For Users Located in the United States and its territories:

You and Ruumur each agree that any and all disputes or claims between you and Ruumur arising from or in any way relating to this Agreement, your Ruumur Account, the Ruumur Services, our website, or your transactions or relationships with Ruumur, including, without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. Notwithstanding the choice of law provision above, the Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

Prohibition of Class and Representative Actions and Non-Individualized Relief.

YOU AND RUUMUR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION, ARBITRATION OR PROCEEDING. UNLESS BOTH YOU AND Ruumur AGREE OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. 

Arbitration Procedures.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the Terms herein as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of subsection (14.3.1) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.

For the United States, the arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). The Notice to Ruumur should be sent to Ruumur, Inc., Attn: Litigation Department, Re: Notice of Dispute, PO Box 3320, Minneapolis, MN 55403. Ruumur will send any Notice to you to the physical address we have on file associated with your orders viaRuumur; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and Ruumur are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Ruumur may, with the consent of the other, initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Ruumur may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Ruumur subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Ruumur may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or Ruumur shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different Ruumur Users, but is/are bound by rulings in prior arbitrations involving the same Ruumur User to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Intended Beneficiaries of the Arbitration Agreement and Class Action Waiver. An Intended Beneficiary of the arbitration provision and class action waiver may enforce them in full with respect to any claims between them on the one hand and you on the other arising from or in any way relating to this Agreement, your Ruumur Account, the Ruumur Services, our website, or your transactions or relationships with Ruumur. Intended Beneficiaries are our agents, principals, representatives, directors, officers, shareholders, governors, managers and members. Intended Beneficiaries also are our parents, subsidiaries, affiliates, partners, licensees, attorneys, predecessors, successors, joint venturers, contractors, assigns, designees, Ruumur Authorized Merchants, servicers, and service providers. A service provider is any third-party providing us or any Intended Beneficiary any goods or services arising out of or in any way relating to this Agreement or your access or use of the Ruumur Account or Ruumur Services. Intended Beneficiaries include past, present, and future persons listed in this paragraph. The arbitration provision and class action waiver may be enforced by or against any person or entity purporting to bring claims on your behalf, including any agent, representative, executor, guardian, or trustee. The arbitration provision and class action waiver may also be enforced by or against any person or entity who acquires any right or interest that, but for the transfer of the right or interest, would have belonged to us or an Intended Beneficiary of this arbitration agreement.

Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules unless otherwise stated in this Agreement to Arbitrate. At your request, Ruumur will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Ruumur for all fees associated with the arbitration paid by Ruumur on your behalf that you otherwise would be obligated to pay under the AAA's rules. Ruumur will pay your reasonable attorney’s fees if you Prevail on the matter in arbitration. For purposes of this Section, “Prevail” means to be awarded at least 80% of the initial demand.

Severability. With the exception of any of the provisions in subsection of this Agreement to Arbitrate titled "Prohibition of Class and Representative Actions and Non-Individualized Relief", if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the aforementioned subsection of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Terms will continue to apply.

Arbitration Opt-Out Procedure. YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). YOU MUST MAIL THE OPT-OUT NOTICE TO Ruumur, ATTN: LEGAL DEPARTMENT, PO BOX 3320, MINNEAPOLIS, MN 55403. You must file any opt-out notice with [email protected]. Opt-outs must include the subject line “Opt-Out” and the email body must include your name, address, phone number, and the email address(es) used to log into the Ruumur account(s) to which the opt-out applies. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms , including all other provisions of this Section will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. If you opt out of arbitration, we reserve the right to terminate our relationship with you.

Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Ruumur prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Ruumur. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.Ruumur.com at least 30 days before the effective date of the amendments. If you do not agree to these amended terms, you may close your account within the 30 day period, and you will not be bound by the amended terms.

 

General Terms

You may not assign or transfer these Terms, by operation of law or otherwise, without Ruumur’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null.

Ruumur may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by Ruumur under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Ruumur’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Ruumur. 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.