Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Ruby Shore Software, LLC ("Ruby Shore," "we," "us," or "our"), governing your access to and use of the website located at rubyshore.com and any related subdomains, applications, or digital properties (collectively, the "Website").

By accessing or using our Website, you affirm that you are at least 18 years of age, have read and understood these Terms, and agree to be bound by them. If you are using the Website on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, please do not use our Website.

2. Our Services

Ruby Shore Software, LLC is a full-service website, software development, and online marketing company providing professional services to businesses and organizations:

• Website Design & Development: Custom website design, user experience design, visual identity work, front-end and back-end web development, CMS implementation, and e-commerce development
• Custom Software Development: Custom web applications, integrations, APIs, and business software solutions
• Online Marketing: Search engine optimization (SEO), pay-per-click advertising (PPC), Google Ads management, social media advertising, and retargeting campaigns
• Managed Hosting & Support: Website hosting, performance monitoring, security updates, and ongoing technical support

The Website serves as an informational and lead generation platform. Actual service engagements are governed by separate written agreements, statements of work, or project proposals entered into between Ruby Shore and the client.

3. Acceptable Use

You agree to use our Website only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use and enjoyment of the Website. Specifically, you agree not to:

• Use the Website in any way that violates applicable local, national, or international law or regulation
• Transmit any unsolicited or unauthorized advertising, promotional material, or spam
• Transmit any material that is defamatory, offensive, harmful, or otherwise objectionable
• Reproduce, duplicate, copy, or exploit any portion of the Website for commercial purposes without our written permission
• Use automated means (bots, scrapers, crawlers) to access, monitor, or copy content from the Website without prior written consent
• Attempt to gain unauthorized access to any part of the Website, server, or network connected to the Website
• Introduce viruses, trojans, worms, or other malicious code to the Website
• Impersonate Ruby Shore, our employees, or any other person or entity

4. Intellectual Property

4.1 Our Content

The Website and all of its content — including but not limited to text, graphics, logos, images, icons, audio clips, video, data compilations, software, and the overall "look and feel" — are the property of Ruby Shore Software, LLC or our content suppliers and are protected by United States and international copyright, trademark, and other intellectual property laws.

You may access and view content on our Website for your own personal, non-commercial use only. You may not modify, publish, transmit, distribute, perform, display, create derivative works from, or in any way exploit any of the Website content, in whole or in part, without our prior written consent.

4.2 Trademarks

The Ruby Shore name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Ruby Shore Software, LLC. You may not use these marks without the prior written permission of Ruby Shore. All other names, logos, and marks appearing on the Website are the property of their respective owners.

4.3 User Submissions

When you submit information through our contact forms, project inquiry forms, website chat, SMS program, email, telephone, or other communication channels, Ruby Shore may use, store, and process that information as reasonably necessary to respond to your inquiry, provide requested communications or services, maintain business records, and fulfill the purposes described in our Privacy Policy. You retain ownership of original content you submit. The legal grounds on which Ruby Shore relies to process submitted information are described in our Privacy Policy. Providing a phone number does not, by itself, constitute consent to receive marketing SMS messages.

5. Third-Party Services, Analytics, Chat, and Advertising

Our Website integrates with third-party platforms that help us operate the Website, communicate with visitors, analyze website performance, and manage advertising.

These services may include:

• Google Analytics and Google Tag Manager, which help us measure website traffic, visitor behavior, and Website performance
• Google Ads and Google Remarketing, which help us measure advertising conversions and deliver relevant advertisements
• Meta Pixel, which helps us measure and improve Facebook and Instagram advertising
• LinkedIn Insight Tag, which helps us measure LinkedIn advertising performance and understand Website activity associated with LinkedIn campaigns
• Crazy Egg, which helps us evaluate Website interactions through tools such as heatmaps, scroll maps, click reports, and session recordings
• Website chat providers, which allow visitors to communicate with Ruby Shore and request assistance
• SMS carriers and messaging platforms, which help us transmit and manage text messages when an individual has opted in to receive them

These providers may collect or process technical, usage, communication, or contact information as necessary to provide their services. Their use of information is governed by their own terms, privacy policies, and contractual obligations.

Where required, optional analytics, advertising, and preference technologies are activated according to the choices made through our cookie consent controls.

For more information about the information these technologies collect, how we use it, and the choices available to you, please review our Privacy Policy.

6. SMS Messaging Terms

6.1 Ruby Shore SMS Program

Ruby Shore Software, LLC may offer an SMS messaging program to communicate with individuals who have expressly agreed to receive text messages from us.

Depending on the consent you provide and your relationship with Ruby Shore, messages may include:

• Responses to inquiries and requests for information
• Appointment confirmations and reminders
• Project updates and service-related communications
• Account, hosting, maintenance, or support notifications
• Follow-up communications related to requested services
• Customer service messages
• Marketing or promotional communications when you have separately agreed to receive them

Consent to receive SMS messages is not a condition of purchasing any product or service from Ruby Shore.

6.2 Message Frequency and Charges

Message frequency varies based on your interactions with Ruby Shore, the services you request, and the types of messages you have agreed to receive.

Message and data rates may apply. Your wireless carrier's standard messaging and data charges may apply to messages sent or received under the SMS program. Ruby Shore does not charge a separate fee for participating in the program.

6.3 Opting Out

You may unsubscribe from Ruby Shore SMS messages at any time by replying STOP to any message.

After you reply STOP, you may receive a final confirmation message stating that you have been unsubscribed. After that confirmation, you will no longer receive SMS messages from the applicable Ruby Shore messaging program unless you provide consent again.

Other words or requests may not be recognized as an automated opt-out request. Replying STOP is the most reliable way to unsubscribe.

6.4 Help and Support

For assistance with Ruby Shore SMS messages, reply HELP to any message.

You may also contact us using the following information:

6.5 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages.

Delivery of SMS messages is subject to the effective transmission and operation of your wireless carrier's network and is outside Ruby Shore's control. Ruby Shore does not guarantee that any SMS message will be delivered or received within a particular period.

Supported carriers and messaging availability may vary. SMS service may not be available through every carrier, device, plan, or location.

6.6 Your Responsibilities

You represent that:

• You are the subscriber or customary user of the phone number you provide
• You are authorized to consent to SMS messaging at that number
• The phone number you provide is accurate and current
• You will notify Ruby Shore or unsubscribe if you stop using or controlling that phone number

You agree not to provide a phone number belonging to another person without that person's authorization.

6.7 Changes to Your Phone Number

If you change, deactivate, transfer, or relinquish your phone number, you agree to unsubscribe from Ruby Shore SMS messages before doing so.

Ruby Shore is not responsible for messages received by a person who obtains a phone number that you previously used but failed to remove from the SMS program.

6.8 Privacy and Mobile Information

Ruby Shore's collection, use, storage, protection, and deletion of phone numbers, SMS consent records, and messaging information are governed by our Privacy Policy.

Ruby Shore does not sell or rent phone numbers, SMS opt-in information, consent records, or messaging data to third parties for their own marketing or promotional purposes.

Mobile information will not be shared with third parties or affiliates for their marketing or promotional purposes. Ruby Shore may disclose mobile information to telecommunications carriers, messaging platforms, and other service providers solely as necessary to operate and support the SMS messaging program.

For information about how Ruby Shore collects, uses, retains, protects, and deletes phone numbers, SMS consent records, and messaging data, including the legal grounds relied upon where applicable, please review our Privacy Policy at rubyshore.com/privacy-policy or contact privacy@rubyshore.com.

6.9 Program Changes or Termination

Ruby Shore may modify, suspend, or terminate all or part of its SMS messaging program at any time. We may also change the short code, long code, toll-free number, or other telephone number used to send messages.

Ruby Shore will provide advance notice of material changes to the SMS program where reasonably practicable. Where a material change affects the scope or nature of consent-based messaging, Ruby Shore will obtain fresh consent as required by applicable law rather than treating continued participation as authorization for the changed terms.

7. Disclaimers & Warranties

7.1 No Warranty

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Ruby Shore does not warrant that: (a) the Website will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Website is free of viruses or other harmful components; or (d) the results of using the Website will meet your requirements.

7.2 Professional Services Disclaimer

Content on this Website is provided for informational purposes only. Nothing on this Website should be construed as professional legal, financial, or business advice. For advice specific to your situation, consult qualified professionals.

7.3 Marketing & Advertising Results

While Ruby Shore provides digital marketing, SEO, PPC, and advertising services, we do not guarantee specific outcomes, rankings, traffic levels, lead volumes, or return on advertising spend. Results vary based on industry, competition, budget, market conditions, and other factors outside our control.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RUBY SHORE SOFTWARE, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES, EVEN IF RUBY SHORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RUBY SHORE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT PAID BY YOU TO RUBY SHORE IN THE THREE (3) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Ruby Shore Software, LLC and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Website
• Any content you submit through the Website
• Your violation of any third party's rights, including intellectual property rights or privacy rights
• Any claim that your use of the Website caused damage to a third party

10. Privacy

Your use of the Website and participation in Ruby Shore communications are also governed by our Privacy Policy, which is incorporated into these Terms by reference.

The Privacy Policy explains how Ruby Shore collects, uses, discloses, retains, and protects personal information, including information collected through website forms, website chat, cookies, analytics, advertising technologies, email, telephone, and SMS messaging.

Where applicable, the Privacy Policy also describes:

• The legal grounds Ruby Shore relies upon when processing personal data
• Your privacy and data protection rights
• How to withdraw consent or object to certain processing
• How to submit a privacy request or complaint
• Your right to lodge a complaint with an applicable data protection supervisory authority

SMS consent is provided separately through the applicable opt-in process. Merely visiting or using the Website does not constitute consent to receive marketing text messages.

Please review our Privacy Policy at rubyshore.com/privacy-policy.

11. Governing Law & Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Louisiana, United States, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any dispute arising from or relating to these Terms or your use of the Website shall first be submitted to good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, the parties agree to submit to binding arbitration in Caddo Parish, Louisiana, under the Commercial Arbitration Rules of the American Arbitration Association.

11.3 Jurisdiction

You consent to the personal jurisdiction and venue of the federal and state courts located in Caddo Parish, Louisiana for any claims that cannot be arbitrated. You waive any objection to the laying of jurisdiction or venue in such courts.

12. Client Service Agreements

These Terms govern your use of this Website only. If you engage Ruby Shore for professional services, the terms of that engagement — including scope of work, payment, timelines, deliverables, ownership, confidentiality, and termination — will be set forth in a separate written agreement between you and Ruby Shore.

In the event of any conflict between these Terms and a separate written service agreement, the written service agreement shall control with respect to the subject matter of that agreement.

13. Modifications to Terms

We reserve the right to modify these Terms at any time in our sole discretion. Where changes are material, we will take reasonable steps to provide advance notice, including by updating the "Last Updated" date at the top of these Terms.

Your continued use of the Website after updated Terms become effective indicates your awareness of the revised Terms. If you do not agree to the revised Terms, you must stop using the Website.

We encourage you to review these Terms periodically to stay informed of any updates.

14. Website Availability & Modifications

Ruby Shore reserves the right to modify, suspend, or discontinue the Website (or any part of it) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Website.

We may also impose limits on certain features or services, restrict your access to all or parts of the Website, without notice or liability.

15. Termination

We may terminate or suspend your access to the Website immediately, without prior notice or liability, if we believe you have violated these Terms or if we decide to discontinue the Website. Upon termination, your right to use the Website ceases immediately.

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. External Links

Our Website may contain links to third-party websites or services that are not owned or controlled by Ruby Shore. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. We do not warrant the offerings of any of these entities or individuals or their websites.

We strongly recommend that you read the terms and privacy policy of every third-party website you visit. Your use of any third-party website is at your own risk.

17. Severability & Entire Agreement

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

These Terms, together with our Privacy Policy and any applicable service agreement, constitute the entire agreement between you and Ruby Shore regarding your use of the Website and supersede all prior or contemporaneous communications, representations, and agreements.

18. Contact Information

For general questions about these Terms or Ruby Shore's services, contact:

For privacy questions, privacy rights requests, or concerns about the handling of personal information, contact: