Terms of Service

Welcome to FortRuby.com. Use of Fort Ruby information service is subject to the terms and conditions of this Terms of Use Agreement (“Agreement”).

Please review the following terms and conditions carefully. By using the web-based resources (the “Site”), the emailed and/or text messaged updates and alerts (Updates), you agree to comply with and be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not use the Services. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit to Fort Ruby is correct and complete. Fort Ruby reserves the right to immediately terminate your access to the Services if, in its sole discretion, you violate this Agreement.

1. Acceptance You agree to the terms and conditions set forth in this Agreement. This Agreement is between you and ii, inc., a Texas corporation (collectively referred to as “we”, “us” and/or “our(s)” in the Agreement), the owner of the Services. When using the Services, you will be subject to all applicable policies, rules and guidelines posted on the Site (collectively, the “Policies”).

2. Services Services are available only through registration and the purchase of a subscription to the Services. These Services may be offered at no charge on a temporary basis at the discretion of Fort Ruby during a Free Trial period.

You agree that Fort Ruby may terminate, modify or suspend the Services, or parts thereof, to you at any time for any or no reason. If any such termination, modification, or suspension occurs, a refund of paid subscription fees, if any, will be subject to the refund policy outlined in Section 4.

3. Payment You agree to pay in advance, the subscription fees as identified on the Site or such other fees as agreed to by Fort Ruby, and all applicable taxes. Fort Ruby reserves the right to increase the fees or to institute new fees at any time upon notice posted on the Site or via electronic communication. This Agreement will automatically renew on a monthly basis, or such other term as agreed to by both parties, unless either party has terminated this Agreement. Upon such renewal, Fort Ruby will automatically charge your account for renewal of your subscription or will send an invoice for your payment by check or ACH. In the event we cannot charge your credit card, or you do not timely pay by check or ACH, we reserve the right to terminate your access to the Services. You may pay subscription fees monthly, quarterly, or annually as agreed to by us. All fees are considered earned when received by us.

4. Termination Your subscription to the Services may be canceled at any time, without cause, by either you or us. If you wish to cancel you may contact us at support@fortruby.com. If you cancel your service, you may be entitled to a refund of fees paid, subject to our refund policy as follows: Monthly or quarterly subscriptions and renewals, no refund. Annual subscriptions and renewals, full refund if canceled within the first 15 days of the term, no refund if canceled after the first 15 days of the term. If you, in our sole discretion, violate any of the terms and conditions of this Agreement, we reserve the right to cancel your access to the Services and you will not be entitled to a refund of any fees paid.

5. Modifications to this Agreement and Services Fort Ruby reserves the right to modify, suspend or discontinue (“Change(s)”) any features or Content (as defined in Section 13 below) of the Service at any time. Your continued use of the Services after the effective date of such Change constitutes your acceptance of and agreement to such Changes. Fort Ruby may also impose limits on certain features and services or restrict your access to all or any portion of the Services at any time without notice or liability. We may modify this Agreement, in our sole discretion, at any time without notice, by posting such modifications to the Site. Your continued use of the Services after any modification constitutes your acceptance of, and agreement to, such Changes. You should review this Agreement prior to each time that you access the Site.

6. Electronic Communications By registering for a subscription or free trial of our Services you are consenting to electronic communications with us. We may communicate with you via email, text messaging or by posting information on the Site. Updates will be sent via email and/or text message. If you prefer to not receive Updates via email and/or text message, you may stop receipt of them by making your selection on the Profile/Edit Delivery Preferences page of the Site, or by contacting us at support@fortruby.com. We do not impose additional charges for sending text messages to you, however Message and Data rates may apply from your carrier. Successful delivery of text messages to you is dependent on successful transmission by your carrier and we are not responsible, nor liable, for undelivered text messages. Many factors that are out of our control can prevent successful and/or timely delivery of email. These include, but are not limited, to Internet Service Provider filters, spam filters, incorrect email addresses, and poor or no internet connections. We are not responsible, nor liable, for email communications to you that are not received or are delayed.

7. Copyright The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any content or part of the Services, except as allowed by Section 9 below, is strictly prohibited. Reproduction or storage of any Content in the Services, including, without limitation, text, graphics, button icons, logos, audio clips, images, digital downloads, documents, information, data compilations and software (collectively, the “Content”) downloaded, accessed or retrieved from the Services is subject to the U.S. Copyright Act of 1976 and all applicable state, federal and international laws, treaties and conventions. All Content is copyrighted material of Fort Ruby or any of its affiliates, vendors, contractors, agents or content providers. Except as expressly provided in this Agreement, Fort Ruby and its affiliates, vendors, contractors, agents and content providers do not grant any express or implied rights or licenses under or related to any patents, copyrights, trademarks, trade secrets or other intellectual property rights. You will not acquire any ownership rights to any of the Content.

8. Trademarks and Service Marks In regards to terms pertaining to trademarks and service marks, any word, name, symbol or device bearing the symbol “TM”, “SM” or “®” or any similar indication is a trademark or service mark of Fort Ruby or any of its affiliates, vendors, contractors, agents or content providers, or any third party. No right or license related to any trademark or service mark is provided to you. Unauthorized use of any service mark or trademark appearing on the Site is strictly prohibited.

9. Limited License; Permitted Uses Through our terms and conditions, you are granted a limited, non-exclusive, non-transferable, non-assignable, revocable license (a) to access and use the Services, strictly in accordance with this Agreement; (b) to use the Services solely for internal, personal, non-commercial purposes; (c) to print out discrete information from the Services solely for internal, personal, non-commercial purposes; (d) to distribute certain Content through the “Share” feature, but only provided that no deletions or modifications are made to such Content, (e) to distribute to others, including to your customers, prospects, contacts and referral partners, as you choose, your personalized MortgageTime™, subject to making no changes to the content and preserving all copyright marks.

10. Errors, Corrections and Changes Fort Ruby does not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. Fort Ruby does not represent or warrant that the Content available on or any content, materials or information available through the Services will be correct, accurate, timely or otherwise reliable. Fort Ruby may make changes to the features, functionality or content of the Services at any time. Fort Ruby reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.

11. INDEMNIFICATION You agree to indemnify, defend and hold Fort Ruby and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information, content and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney fees, related to your violation of this Agreement or use of the Services.

12. DISCLAIMER YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. OUR TERMS DECLARE THAT THE SERVICES ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. FORT RUBY AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SERVICES OR OTHER SERVICES OR PRODUCTS AVAILABLE ON OR THROUGH THE SITE (INCLUDING WITHOUT LIMITATION, THROUGH ANY LINKING TO ANOTHER PARTY’S WEB SITE), EXCEPT AS PROVIDED IN SECTION 13(b) BELOW. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, FORT RUBY AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FORT RUBY AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FORT RUBY, THROUGH THE SERVICES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. LIMITATION OF LIABILITY AS PART OF OUR TERMS OF USE, FORT RUBY AND EACH OF ITS AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY DELAY IN, FAILURE IN PERFORMANCE, ERRORS IN OR OMISSIONS FROM THE SERVICES OR ANY SERVICES OR PRODUCTS OBTAINABLE THEREFROM, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SERVICES OR ANY FEATURES THEREOF, (C) YOUR USE OF THE SERVICES, (D) THE CONTENT CONTAINED ON THE SITE OR ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICES, OR (E) ANY COMPUTER VIRUSES OR OTHER HARM TO COMPUTERS, SYSTEMS, SOFTWARE OR TELECOMMUNICATIONS. THE AGGREGATE LIABILITY OF FORT RUBY AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THE CONTENT, MARKET INFORMATION, OR OTHER SERVICES PROVIDED OR AVAILABLE ON OR THROUGH THE SERVICES SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST FORT RUBY AND ANY AND ALL AFFILIATED PARTIES.

14. Governing Law This Agreement and all terms and conditions included or incorporated by reference herein shall be governed by and interpreted in accordance with the laws of the State of Texas applicable to agreements made and wholly performed therein. Customer hereby consents to the exclusive jurisdiction of the federal and state courts of competent jurisdiction located in Austin, Texas for the adjudication of any disputes arising out of or relating to this Agreement or Customer’s access to or use of the Services. Customer hereby waives any objection to venue or inconvenient forum laid therein.