Updated on September 23rd, 2023

This website is operated by Rütean. Throughout the site, the terms “we”, “us”, "Rutean" and “our” refer to Rütean. Rütean offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

Welcome to Rütean, an e-commerce website operated by Rutean LLC ("Rutean","Rütean", "we", "us", or "our"). These Terms of Use ("Terms") govern your access to and use of our website, products, and services offered through www.therutean.com (the "Site"). Please read these Terms carefully before using our Site. By accessing or using the Site, you agree to be bound by these Terms and all applicable laws and regulations.

By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these Terms, you must immediately discontinue your use of the Site. Your continued use of the Site constitutes your acceptance of any changes or modifications to these Terms. We reserve the right to update or modify the Terms at any time without prior notice.

To access certain features of the Site, you may be required to create an account. By creating an account, you represent and warrant that you are at least 18 years of age, or the legal age of majority in your jurisdiction, whichever is greater. You agree to provide true, accurate, current, and complete information about yourself during the registration process and to update your information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security atsupport@therutean.com.

As a user of the Site, you agree to use the Site in a responsible and lawful manner. You are prohibited from engaging in any activity that may interfere with the proper functioning of the Site or other users' enjoyment of the Site. Prohibited behaviors include, but are not limited to:

a. Spamming, phishing, or sending unsolicited messages;

b. Harassing, threatening, or defaming other users or third parties;

c. Infringing upon the intellectual property rights of Rütean, other users, or third parties;

d. Posting or distributing any illegal, obscene, or offensive content;

e. Using automated means, such as bots or scrapers, to access the Site without our express permission;

f. Attempting to gain unauthorized access to other users' accounts or any part of the Site;

g. Creating multiple accounts to circumvent limitations or restrictions imposed by the Site.

Violations of these Terms may result in the suspension or termination of your account and access to the Site, at our sole discretion.

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, store, and use your personal information when you access or use the Site. By using the Site, you agree to be bound by the terms of our Privacy Policy, which is incorporated into these Terms by reference.

All content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of Rütean or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or otherwise use any of the content on the Site without our express written permission.

All content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of Rütean or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or otherwise use any of the content on the Site without our express written permission.

User-generated content, such as product reviews or comments, remains the intellectual property of the user who submitted the content. By submitting such content, you grant Rütean a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

Rütean strives to provide accurate and complete descriptions of the products and services offered on the Site. However, we cannot guarantee the accuracy, completeness, or reliability of such descriptions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. In the event a product or service is listed with an incorrect description or price due to a typographical error or other error, Rutean reserves the right to refuse or cancel any orders placed for the product or service listed with the incorrect information.

The Site may contain links to third-party websites or services that are not owned or controlled by Rütean. These links are provided for your convenience and do not constitute an endorsement or approval by Rütean of the content, policies, or practices of such third-party websites or services. We are not responsible for the content, privacy policies, or practices of any third-party websites or services, and you access and use them at your own risk. We encourage you to review the terms and privacy policies of any third-party websites or services you visit.

1- Limitation of Liability: To the maximum extent allowed by law, Rutean, its affiliates, and their respective personnel, including directors, officers, employees, and agents, are exempt from any liability for damages of any kind — direct, indirect, consequential, or others — resulting from your use of the Site, its products, or services. This holds even if Rutean has been made aware of potential damages.

2- Warranties and Disclaimers: The content, products, and services on our Site are given "as is", devoid of any express or implied warranties. This includes warranties of merchantability, suitability for a specific use, or non-infringement. Rutean does not claim that the Site will be always available, free from errors, or safe from malicious digital threats.

Your use of our Site, products, or services, to the extent permitted by law, is solely at your risk. They are available “as is” and “as available”, with all their flaws. No promise is made regarding the outcome, results, or standards from using the Site. We neither guarantee uninterrupted access nor the accuracy of the outcomes.

Downloading or accessing content from our Site is at your discretion and risk. Any damage, including to your digital devices or loss resulting from such actions, falls under your responsibility.

Potential disruptions, including delays or cancellations, might affect the services. The quality, safety, and other features of the services are without any guaranteed standard.

3- Medical Advice Disclaimer: The information on our Site is for general informational purposes. It doesn't replace or substitute medical advice. Always consult a qualified healthcare provider before making any health decisions. Using our Site does not form a confidential patient/physician relationship or any other privileged relationship.

Products or claims associated with our Site or services haven't been evaluated by the FDA. Always seek medical counsel before starting any medication or if you think you have a health issue.

Always read product information carefully. Each individual’s reaction to a product can vary. Before using any product, discuss potential interactions with your healthcare provider.

Although we strive for accuracy, healthcare information evolves rapidly. The Site's content might not always be up-to-date or error-free. We don’t endorse any third-party content linked or referred to on our Site. For urgent care, contact local emergency services immediately.

4- Third-party Conduct: We are not responsible for third-party actions, especially those of external site operators. Any risk associated with such third parties is your own.

5- Site Content: The Site may feature news, press releases, or blogs. While we aim for accuracy at the time of posting, we cannot guarantee it. Always verify any information before making decisions based on it.

You agree to indemnify, defend, and hold harmless Rutean, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: a) your violation or breach of any term of these Terms, the Purchase Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Services; (d) Your Content, or (e) your negligence or willful misconduct.

1. Informal Dispute Resolution Process.

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services provided by Rütean, we strongly encourage you to first attempt to resolve the matter informally by following these steps:

a. Contact Rütean: Please contact Rütean by sending an email to support@therutean.com or by mailing a written notice to the U.S. mailing address listed at the bottom of this Agreement. Clearly describe the nature of the dispute, including any relevant details and your proposed resolution.

b. Good Faith Effort: Both you and Rütean agree to engage in a good faith sustained effort to resolve the dispute through communication and negotiation. We will make reasonable efforts to respond to your inquiry and work towards a mutually acceptable solution.

c. Timely Resolution: We encourage you to initiate this informal resolution process promptly, and we will strive to provide a timely response to your inquiry.

This informal dispute resolution process is designed to promote open communication and reach a resolution efficiently without resorting to more formal means of dispute resolution, such as arbitration or litigation.

However, if after engaging in this informal dispute resolution process, a resolution cannot be reached to your satisfaction, or if you choose to pursue other legal remedies, the arbitration and class action waiver provisions outlined in Section 2 of these Terms will govern the resolution of any remaining disputes.

2. Arbitration Agreement and Class Action Waiver.

After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Services, will be resolved by arbitration. You and Rutean agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Rutean are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Rutean will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis. An arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.

3. Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, Rutean will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

4. Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to support@therutean.com or to the U.S. mailing address listed at the bottom of this Agreement. The notice must be sent to Rutean within 30 days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Pendulum also will not be bound by them.

If any provision of these Terms is deemed invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable from the remaining provisions of these Terms and shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

Rütean reserves the right to modify or update these Terms at any time without prior notice. Your continued use of the Site after any such changes constitutes your acceptance of the updated Terms. We encourage you to periodically review these Terms to stay informed of any changes or updates.

Rütean reserves the right, in its sole discretion, to terminate your access to the Site and your account, without notice, for any reason, including but not limited to your breach of these Terms, the discontinuation or modification of the Site, or technical or security issues.If we delete your account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, we may, but is not obligated to, delete any of Your Content. We shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by us or you. Termination will not limit any of Rutean’s other rights or remedies at law or in equity.

The Rütean mobile message service (the "Service") is operated by Rütean (“Rütean”, "Rutean", “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Rütean’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Rütean through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Rütean. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Rütean mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, please email support@therutean.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

You agree that a breach of these Terms will cause irreparable injury to Rutean for which monetary damages would not be an adequate remedy and Rutean shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

We may revise these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms, with such new Terms taking effect on the date of posting, or such later date as may be specified in the updated Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of Rutean's website. You should review these Terms every time you use the Site because they are binding on you. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HERE, DO NOT ACCESS OR USE THE SITE. Your continued access or use of the Services following the posting of any changes to the Terms constitutes your acceptance of the modified Terms. Your use of any other Services, as well as your accessing or ordering of any investigational and/or commercial products from any Services may be subject to additional terms and conditions. In the event of any inconsistency between such additional terms and conditions and these general Terms, these Terms shall govern.

These Terms and the licenses granted hereunder may be assigned by Rutean but may not be assigned by you without the prior express written consent of Rutean. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. The Terms are governed by the laws of the State of California, without regard to conflict of laws rules. Except as otherwise expressly provided in these Terms, all arbitration and other litigation of any dispute between you and Pendulum related to these Terms shall be located in Irvine, California.

How to Contact Us

You may contact us regarding the Services or these Terms by e-mail at support@therutean.com