Terms of Use

Rubine Travel ("Rubine", "we", "our", or "us") provides services and information through our website (the "Website") and related services (together the "Platform"). These Terms of Use (the "Terms") govern your access to and use of the Platform, and any information or services you access through it. Please read these Terms carefully because they create legal obligations between you and Rubine.

These Terms include an Agreement to Arbitrate and agreement on dispute resolution terms. Please review that section carefully.

1. Your Agreement

By accessing or using the Platform you accept and agree to be bound by these Terms. In some cases we may ask you to affirmatively accept these Terms (for example by clicking an "I accept" button). If you do not agree to these Terms, do not use the Platform.

2. Grant of Rights to Users

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use the publicly available areas of the Platform for general permitted purposes such as learning about our services, submitting information to us, downloading or printing pages for personal use, and accessing services offered through the Website.

3. Rubine Ownership; Reservation of Rights

All content on the Platform (including text, graphics, logos, images, audio, video, software and other materials), and all associated intellectual property rights (collectively, "Website Content"), are the property of Rubine or our licensors and are protected by copyright and other laws. Except for the limited use rights granted above, we reserve all rights in and to the Platform and the Website Content.

4. Submitted Content

"Submitted Content" means information or materials you submit or post to the Platform (for example comments, images, feedback, or other materials). By submitting content you represent and warrant you have the rights necessary to grant the rights described in these Terms.

4.1 Grant of Rights in Submitted Content

By providing Submitted Content, you grant Rubine a worldwide, royalty-free, transferable, sublicensable, perpetual right to use, reproduce, modify, publish, distribute and otherwise exercise rights in the Submitted Content in connection with the Platform and our business.

4.2 Requisite Permission

You represent that you own or control the rights in any Submitted Content you provide and that use of that content as contemplated by these Terms will not violate the rights of any third party.

4.3 Submitted Content Containing Personal Information

If you provide Submitted Content that contains personal information, we will treat that personal information in accordance with our Privacy Policy.

4.4 Right to Decline Submitted Content

We reserve the right to remove, refuse or disable any Submitted Content at our discretion, including content that violates these Terms or our policies.

5. Code of Conduct; Suspension

You agree not to use the Platform for unlawful, harmful, harassing, or otherwise objectionable purposes. We may suspend or terminate your access for violations of these Terms or our policies.

6. Links to Third Party Websites

The Platform may include links to third-party sites. We do not control or endorse those sites and are not responsible for their content or practices. When you leave our Platform, you should review the terms and privacy practices of the sites you visit.

7. Warranty Disclaimer

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." RUBINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RUBINE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM. OUR AGGREGATE LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. Indemnity

You agree to indemnify and hold Rubine and its affiliates harmless from any claims, losses, liabilities, and expenses arising out of your violation of these Terms or your Submitted Content.

10. Monitoring Use

We may monitor Platform activity and investigate possible violations of these Terms.

11. Modifications to These Terms

We may modify these Terms from time to time; modified Terms take effect when posted. Continued use after changes constitutes acceptance of the updated Terms.

12. Assignment

You may not assign your rights under these Terms. We may assign our rights and obligations subject to applicable law.

13. General

These Terms are governed by the laws of the State of California without regard to conflict of law rules. If any provision is held invalid, the remaining provisions will remain in effect.

14. Claims Against Other Users

If you have a claim against another user, you agree to pursue it independently and not seek recourse against Rubine.

15. Translations

Translations of these Terms may be provided for convenience; in the event of any conflict, the English version governs.

16. Survival

Sections that by their nature survive termination (for example intellectual property, warranties, indemnities and dispute resolution) will remain in effect after termination.

17. Contact Us

For legal notices or questions about these Terms, email us at contact@rubinetravel.com.

18. Additional Terms

Certain areas of the Platform may be subject to additional terms. We will notify you where different terms apply.

19. Complete Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Rubine relating to the Platform.

20. Effective Date

Effective Date: November 19, 2024.

21. Copyright and Legal Notice

Agreement to Arbitrate and Agreement on Dispute Resolution Terms

You and Rubine Travel ("the Parties") agree to use their best efforts to settle any claim, dispute, or controversy arising out of, relating to, or connected in any way with the Platform or these Terms ("Dispute") through consultation and good faith negotiations as a precondition to initiating a lawsuit or arbitration. If you have a Dispute with us, you must send an individualized, written notice describing the Dispute to us via email at contact@rubinetravel.com. If we have a Dispute with you, we will send a written notice to you using the contact information we have for you. Promptly after receipt of such notice, the Parties will personally meet, via telephone or videoconference, in a good-faith effort to confer and try to resolve informally any Dispute covered by this Agreement. If you are represented by counsel, your counsel may participate in the conference, and likewise if we are represented by counsel, our counsel may participate; each Party agrees to have a representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in the voluntary dispute resolution process. If the Dispute is not resolved within 60 days of the opposing Party receiving the notice, then either Party may proceed with an Action. Failure to complete the Voluntary Dispute Resolution procedures is grounds for dismissal of any Action. If a Party brings an Action without following these procedures, such Party may be required to pay the reasonable costs and fees of the other Party.

A. All Disputes Will Be Resolved Through Binding Individual Arbitration

Except to the extent prohibited by applicable law, you and Rubine agree that any Dispute will be resolved through binding individual arbitration. By agreeing to arbitration, you and Rubine both give up the right to a jury trial and to participate in a class action or representative action. The arbitrator shall have the authority to determine the arbitrability of any dispute, including questions regarding the scope, applicability, validity, and enforceability of this arbitration provision.

B. Location, Rules, and Law

If there is an unresolved dispute arising out of or relating to these Terms, the Platform, or the breach, termination, enforcement, interpretation, or validity thereof (including the determination of the scope or applicability of this agreement to arbitrate), such dispute will be resolved by arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, to the fullest extent permitted by law. Unless otherwise required by law, the arbitration will be conducted in the state and county where you reside or at another mutually agreed location. The arbitrator will apply the substantive laws of the applicable jurisdiction without regard to conflict of laws rules, and the Federal Arbitration Act will govern the interpretation and enforcement of this agreement to arbitrate.

C. Selection of Arbitrator and Procedure

Within ten (10) calendar days after an arbitration demand is served, the Parties must jointly select an arbitrator with at least five years' experience who has knowledge of the subject matter of the dispute. If the Parties do not agree within ten (10) days, a party may request the AAA to appoint an arbitrator who meets the experience requirement. The arbitrator will decide the enforceability and interpretation of this arbitration agreement in accordance with the FAA. To the extent permitted by the applicable AAA rules, the arbitrator may grant emergency relief in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator will be final and binding, with limited rights of appeal as provided under the FAA. Each Party will bear its share of the fees for the arbitrator and administrative costs, but the arbitrator may order one Party to pay all or a portion of such fees based on the arbitrator's decision.

D. Arbitration Process

The arbitration may be conducted electronically, telephonically, or in person at the arbitrator's discretion and in the interests of justice. If a Party fails to appear at an administrative conference without good cause, the arbitrator may administratively close the arbitration without prejudice.

E. Small Claims Option

Instead of arbitration, either you or Rubine may bring an individual claim in small claims court consistent with the jurisdictional and dollar limits that apply, provided it is brought on an individual basis. If a Dispute qualifies for small claims court but arbitration is initiated, the other Party may elect to have the claim resolved in small claims court and the arbitration will be administratively closed upon written notice of that election.

F. Waiver of Jury Trial and Class/Representative Actions

THE PARTIES AGREE THAT ALL CLAIMS SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. THE PARTIES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE NOT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION IN ANY FORUM (INCLUDING ARBITRATION). IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.

G. Severability

If a court decides that any part of this arbitration provision (other than the waiver of class or representative actions) is unenforceable, then that part will be severed and the remainder of the arbitration provision will be enforced. If the waiver of class or representative actions is found unenforceable, that cause of action will be severed and remain in court and proceed on an individual basis only.

H. Survival

This Agreement to Arbitrate will be governed by the FAA and will survive termination of these Terms or your use of the Platform.