Terms of Use
Welcome to www.RubyCar.com (the "Website" or
"Site"). The Website is operated by Avis Car Sales UTD, LLC, dba
RubyCar, 379 Interpace Parkway, Parsippany, NJ 07054 (hereinafter
"RubyCar," "we," "us," or "our") and
the content on the Site is owned by RubyCar or its affiliated companies and by
affiliates and third parties that post on the Site through a license from
RubyCar, but for whom RubyCar assumes no direct responsibility. These Terms of
Use ("Terms") govern your use of the Website and represent a binding
contract between RubyCar and you. By accessing the Site, you expressly agree to
be bound by them. If you do not agree to be bound by the Terms, you may not use
the Site. The Terms apply to all persons who visit the Site, regardless of your
participation.
PLEASE NOTE THE ARBITRATION 
PROVISION SET FORTH BELOW, WHICH REQUIRES, EXCEPT WHERE AND TO THE EXTENT
PROHIBITED BY LAW, YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST RUBYCAR ON
AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT
HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND
THAT YOU MAY NOT PROCEED IN A CLASS OR CONSOLIDATED CAPACITY.
PLEASE NOTE THE ARBITRATION 
PROVISION SET FORTH BELOW, WHICH REQUIRES, EXCEPT WHERE AND TO THE EXTENT
PROHIBITED BY LAW, YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST RUBYCAR ON
AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT
HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND
THAT YOU MAY NOT PROCEED IN A CLASS OR CONSOLIDATED CAPACITY.
By using this Website you agree that you have read, understand and accept these
Terms, and affirm that you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian consent, and that you
are fully able and competent to enter in the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms, and to
abide by and comply with the Terms. By using this Site, you also agree that you
will not use this Site for any purpose that is unlawful or in contravention of
these Terms. RubyCar reserves the right, in its sole discretion, to modify,
alter or otherwise update these Terms at any time. When we do so, we will
update the "Effective Date" above. You will be notified of any
material changes to these Terms via posting on the Website and/or via email at
the email address we have on file for you. Continued use of the Website
following the effective date of any such changes shall indicate your
acknowledgement of such changes and agreement to be bound by the Terms of such
changes.
We reserve the right to suspend, discontinue or cancel all or part of the Website,
including any of its features, functionalities or manners of operation at any
time without any notice or obligation to you. The Website may not be available
during maintenance breaks and other times.
If you object to any changes to these Terms or the Website, your sole recourse
is to stop using the Website.
PRIVACY
Your use of the Website and any personal information provided or used by you to
access the Website shall be collected, used and/or stored in accordance with
our Privacy Policy. For more information, please review our full Privacy
Policy here.
ACCOUNT CREATION AND PASSWORDS
To access certain portions of the Website, you must create an account. You
agree to provide truthful and accurate information during the account creation
process. You also agree to maintain the accuracy of any submitted data. If you
provided any information that is untrue, inaccurate, or incomplete, we reserve
the right to terminate your account and suspend your use of the Website.
You are responsible for preserving the confidentiality of your account password
and will notify us of any known or suspected unauthorized use of your account.
You agree that you are responsible for all acts or omissions that occur on your
account while your password is being used.
TRADEMARKS, COPYRIGHTS
Copyright 2023, RubyCar. All rights reserved. This Website is controlled and
operated by RubyCar. All content on this Website, including, but not limited to
text, graphics, logos, images, illustrations, audio clips, video clips, data
compilation and the design, selection and arrangement thereof (collectively,
"Content") are owned and controlled by RubyCar or its affiliates, our
licensors, or by third party content providers (collectively
"Providers") that have licensed their content or the right to market
their products and/or services to RubyCar. The Content is protected by United
States and international copyright, trademark, patent, and other intellectual
property rights or proprietary rights laws, and may not be used or exploited in
any way without our prior written consent. The vehicle manufacturer marks and
designs are registered trademarks of the respective vehicle manufacturers, and
may not be used, downloaded, copied or distributed in any way. Content on this Website
or any website owned, operated, licensed or controlled by the Providers is
solely for your personal, non-commercial use. You may print a copy of the
content and/or information contained herein for your informational,
non-commercial use only, provided that you keep intact and do not remove or
alter any copyright or other notice (e.g. trademark, patent, etc.) contained in
the information.
Except as otherwise expressly stated herein, you may not modify, copy,
reproduce, display, republish, upload, post, transmit, distribute, sell,
license, or create derivative works from any information or Content, in whole
or in part, including any text, images, audio, and video in any manner, without
the prior written authorization of RubyCar or the Providers. You may request
consent by faxing a request to RubyCar at (973) 496-5510. Any unauthorized use
of text or images may violate the copyright laws, trademark laws, the laws of
privacy and publicity, and applicable regulations and statutes. If you violate
any of these Terms, in addition to any other remedies RubyCar or its Providers
may have, your permission to use our Website immediately terminates without the
necessity of any notice. RubyCar retains the right to deny access to anyone at
its discretion for any reason, including for violation of these Terms. You may
not use on your website any trademarks, service marks or copyrighted materials
appearing on this Website, including but not limited to any logos or
characters, without the express written consent of the owner of the mark or
copyright. You agree to comply with reasonable written requests from us to help
us protect our proprietary and intellectual property rights.
USER CONDUCT
By using the Website, you agree to not use the Website in any manner that:
• Is designed to interrupt, destroy or limit the functionality of, any computer
software or hardware or telecommunications equipment (including by means of
software viruses or any other computer code, files or programs);
• Interferes with or disrupts the Website, services connected to the Website,
or otherwise interferes with operations or services of the Website in any way;
• Infringes any copyright, trademark, trade secret, patent or other right of
any party, or defames or invades the publicity rights or the privacy of any
person, living or deceased (or impersonates any such person);
• Consists of any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
• Causes us to lose (in whole or in part) the services of our Internet service
providers or other suppliers;
• Links to materials or other content, directly or indirectly, to which you do
not have a right to link;
• Is false, misleading, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable, as determined by us in our
sole discretion;
• Copies, modifies, creates a derivative work of, reverse engineers, decompiles
or otherwise attempts to extract the source code of the software underlying the
Sites or any portion thereof;
• Violates, or encourages anyone to violate these Terms, any ancillary terms
and conditions listed on the Website, or the Privacy Policy; or
• Violates, or encourages to violate, any applicable local, state, national, or
international law, regulation, or order.
LINKING
We welcome links to the Website. You are usually free to establish a hypertext
link to the Website so long as the link does not create a false implication of
sponsorship or endorsement of your site by RubyCar.
NO FRAMING
Without our prior written permission, you may not frame, or make it appear that
a third-party is presenting or endorsing, any of the content of the Website, or
incorporate any intellectual property of the Website, or any of its Providers
into another website or other service.
THIRD PARTY SITES AND APPLICATIONS
The Website may contain links to third-party websites ("Third Party Sites)
that are not owned or controlled by RubyCar. We are not responsible for the
availability of these external websites nor do we necessarily endorse the
content, activities or services provided by these websites. RubyCar has no control
over, and assumes no responsibility for, the content, privacy policies, or
practices of any Third Party Websites. In addition, references on the Website
to any names, marks, products or services of third parties are not an
endorsement, sponsorship or recommendation of the third party or its
information, products or services. RubyCar is not responsible for, and RubyCar
will not and cannot censor or edit the content of any Third Party Website. The
Third Party Sites may also include third party plug-ins, applications, and
functionalities (collectively, "Third Party Applications"), which may
include Third Party Applications related to vehicle appraisals. Third Party
Applications available through the Website are not under the control of RubyCar
and may be subject to additional terms and conditions between you and the
provider of the Third Party Application. By clicking on links, you expressly
relieve RubyCar from any and all liability arising from your use of any Third
Party Applications, Third Party Website, or from the content of any Third Party
Website. While using a Third Party Website, you should be aware when you leave
the RubyCar Website and read the terms and conditions and privacy policy of
each Third Party Website that you visit.
DESIGNATED AGENT FOR COPYRIGHT NOTIFICATION
If you believe that any content on the Website infringes your copyright rights,
please contact our designated agent for receiving such notification in writing
as follows:
DMCA Agent
379 Interpace Parkway
Parsippany, NJ 07054
Your communication must comply with the "Elements of Notification"
requirements set forth in 17 U.S.C. § 512
DISCLAIMER OF WARRANTIES AND LIABILITY
THIS DISCLAIMER OF WARRANTIES AND LIABILITY ("DISCLAIMER") APPLIES
ONLY TO YOUR FREE USE OF THE WEBSITE.
THIS DISCLAIMER DOES NOT APPLY TO, FOR EXAMPLE, YOUR PURCHASE OF ANY PRODUCT OR
SERVICE FROM AVIS.
THIS DISCLAIMER ALSO DOES NOT APPLY TO, FOR EXAMPLE, OUR OFFER OR ADVERTISEMENT
OF ANY AVIS PRODUCT OR SERVICE, INCLUDING THE CONTENT OF ANY OFFER OR
ADVERTISEMENT ON THE WEBSITE.
THESE TERMS ARE NOT A CONTRACT FOR SALE, AND THIS WEBSITE IS NOT A
"GOOD" WITHIN THE MEANING OF THE UNIFORM COMMERCIAL CODE. INSTEAD,
THIS WEBSITE IS PROVIDED TO YOU FOR FREE. THIS WEBSITE IS PROVIDED " AS
IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THERE
ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
RUBYCAR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. NEITHER RUBYCAR, ITS AFFILIATED OR RELATED ENTITIES, NOR
THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND
DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU AGREE THAT WE MAY CHANGE OR DISCONTINUE THE SERVICES IN
OUR SOLE DISCRETION AND WITH NO PRIOR NOTICE TO YOU.
You agree that our sole obligation to you is to provide the Website as-is until
we decide to modify or discontinue it. You agree that unless we do something
that is (a) grossly negligent, reckless, or an act of knowing or intentional
misconduct or (b) a violation of a consumer protection statute in connection
with the Website, we will not be liable to you or to any third party for your
use of the Website.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO
CONSUMERS UNDER APPLICABLE LAWS, WE WILL HAVE NO OBLIGATION OR LIABILITY
(WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT
LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT,
INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA,
REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH)
ARISING WITH RESPECT TO YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING
FROM (i) USE OF OR INABILITY TO USE THE WEBSITE, (ii) COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO
YOU THROUGH THE WEBSITE, OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.
IN ADDITION, WHEN USING THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A
MEDIUM WHICH IS BEYOND OUR CONTROL AND JURISDICTION AND THAT OF OUR PROVIDERS,
ADVERTISERS, AND SPONSORS OR ANY OTHER THIRD PARTY MENTIONED ON THE WEBSITE.
ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE,
INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN
CONNECTION WITH USE OF THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
INDEMNIFICATION
You are fully responsible for how you use this Website. You may not share your
log-in information with anyone else, but if you do you are fully responsible
for how they use the Website too. You agree to indemnify, defend, and hold
harmless RubyCar and the Providers, its and their officers, directors,
employees, service providers, vendors, affiliates, agents, licensors, and
suppliers from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, arising from: (i) your use of and access to the Website;
(ii) your violation of any term of these Terms; or (iii) your violation of any
third party right, including without limitation any copyright, trademark,
property, publicity or privacy right. This defense and indemnification
obligation will survive these Terms and your use of the Website.
Accuracy of Website Information
RubyCar strives to always provide accurate and up to date information on the Website.
The Website makes available information and images associated with vehicles and
related products being offered for sale by RubyCar (collectively,
"Listings"). 
While we endeavor to display accurate information on the Website, we cannot
guarantee the accuracy of any Listings, including any features, specification,
and prices. Photographs of vehicles may be stock or are photographs of the
actual vehicles; however, their color and general appearance may appear
differently based on your monitor and color settings. Certain items listed on
the Website may have limited quantities and may not always be available. All
information provided in connection with any Listings is subject to change at
any time.
Listings available on the Website may be subject to additional terms and
conditions of purchase that will be presented during the purchase process. It
is your responsibility to carefully review any such additional terms and
conditions and to consult any qualified legal or financial professionals as
needed.
Please Contact Us at support@ruby-car.com for
further clarification and details. RubyCar reserves the right to change product
pricing and specifications, as well as the terms of our guarantees and
warranties without notice.
THIRD PARTY RIGHTS
These Terms are for the benefit of RubyCar and its Providers, its and their
officers, directors, employees, affiliates, agents, licensors, and suppliers.
Each of these individuals or entities shall have the right to assert and
enforce these Terms directly against you on its or their own behalf.
JURISDICTIONAL ISSUES
Unless otherwise specified, the content contained in this Website is presented
solely for your convenience and/or information. This Website is controlled and
operated by RubyCar from its offices in Parsippany, New Jersey, United States.
RubyCar makes no representation that content on its Website is appropriate or
available for use in other locations. Those who choose to access this Website
from other locations do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable. You
may not use or export the materials in this Website in violation of U.S. export
laws and regulations. These Terms shall be governed by, construed and enforced
in accordance with the laws of the State of New Jersey, as they are applied to
agreements entered into and to be performed entirely within such State.
WEBSITE DISPUTES
Website Disputes include: (a) any claim you may have against RubyCar in
connection with the Website, (b) any claim RubyCar may have against you in
connection with the Website, and (c) any action to enforce the Terms or to
object to the Terms.
All other disputes are Non-Website Disputes. Any claim arising from your
purchase of a RubyCar Product or Service is a Non-Website Dispute.  Any claim arising from the
content of any offer or advertisement on the Website is a Non-Website Dispute.
WEBSITE DISPUTES - PRE-DISPUTE RESOLUTION
Before filing a lawsuit in connection with any Website Dispute (including, but
not limited to, in an individual arbitration or in a small claims proceeding),
you and RubyCar agree that we shall give the other party written notice of the
claim to be asserted 30 days before initiating a proceeding and make a reasonable
good faith effort to resolve the claim. If you are intending to assert a claim
against RubyCar, you must send the written notice of the claim to Attention:
Avis Car Sales UTD, LLC, dba RubyCar, 379 Interpace Parkway, Parsippany, NJ
07054 Attn: Legal Department. If RubyCar is intending to assert a claim against
you, we will send the written notice of the claim to you at your address
appearing in our records. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS
PREDISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS
EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF).
WEBSITE DISPUTE RESOLUTION -- VENUE
You agree to be subject to the jurisdiction of New Jersey for any Website
Dispute. You agree that any Website Dispute will be resolved in New Jersey to
the exclusion of any other potential venue.
WEBSITE DISPUTE RESOLUTION - ARBITRATION, JURY TRIAL WAIVER
Neither you nor we will be able to sue in court in connection with a Website
Dispute.  All Website
Disputes must be resolved through individual (non-class) arbitration.  You indicate your acceptance to
these Terms, including this agreement to arbitrate, by continuing to use the Website
after having the opportunity to review these Terms.
You and RubyCar intend for this to be an agreement for arbitration that can be
enforced under both the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1-16, and the New Jersey Arbitration Act (NJAA), N.J.S.A.
2A:23B-1 to -32.
You and RubyCar waive any rights to maintain other available resolution
processes for Website Disputes, such as a court action or administrative
proceeding, to settle disputes. You and RubyCar waive any right to a jury trial
for Website Disputes.
Instead of suing in court, we each agree to settle Website Disputes only by
arbitration. The rules in arbitration are different. There's no judge or jury,
and review is limited, but an arbitrator can award the same damages and relief,
and must honor the same limitations stated in the agreement as a court would.
Any Website Dispute shall be determined by arbitration in New Jersey before one
arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS'
Streamlined Arbitration Rules and Procedures, available at
http://www.jamsadr.com/rules-streamlined-arbitration/. Judgment on the Award
may be entered in any court having jurisdiction. This clause shall not preclude
parties from seeking provisional remedies in aid of arbitration from a court of
appropriate jurisdiction. 
If for any reason, JAMS cannot or will not provide this arbitration, the
parties may ask any court of competent jurisdiction to select an arbitrator
from a list provided by the parties.
To the extent a party commences any action that includes both Website Disputes
and Non-Website Disputes, consideration of the Non-Website Disputes shall be
stayed until the Website Disputes are fully arbitrated.  Then, any Website Disputes will be considered by
any court of competent jurisdiction.
If you are an individual (instead of, for instance, a partnership, corporation,
or other form of entity or non-natural person), in the event that (1) your
claim is less than $10,000, and (2) you are able to demonstrate that the costs
of arbitration will be prohibitive as compared to costs of litigation, RubyCar
will pay as much of your filing and hearing fees in connection with the
arbitration as the arbitrator deems necessary to prevent the arbitration from
being cost-prohibitive as compared to the cost of litigation.
WEBSITE DISPUTE RESOLUTION - NO CLASS ACTIONS
You agree that you will not file a class action against RubyCar or its
Providers, or participate in a class action against RubyCar or its Providers,
in any Website Dispute. You agree that you will not file or seek a class
arbitration, or participate in a class arbitration against RubyCar or its
Providers, in any Website Dispute.
SEVERANCE OF INVALID TERMS
If any provision of these Terms shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms
and shall not affect the validity and enforceability of any remaining
provisions. Notwithstanding anything to the contrary, if the class action
waiver of these Terms is deemed unenforceable, the agreement of the parties to
engage in arbitration shall likewise be deemed stricken.
ENTIRE AGREEMENT
The provisions and conditions of these Terms, and each obligation referenced
herein, represent the entire Agreement between you and RubyCar with respect to
your use of this Website, and supersede any prior agreements or understandings
not incorporated herein. In the event that any inconsistencies exist between
these Terms and any future published terms of use or understanding, the last
published Terms or terms of use or understanding shall prevail.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY RUBYCAR.
7-DAY/300-MILE MONEY BACK RETURN POLICY TERMS AND CONDITIONS
These Terms and Conditions ("Terms") apply to the 7-Day/300-Mile
Money Back Return Policy (hereinafter, "Return Policy") provided by
Avis Car Sales UTD, LLC dba RubyCar ("RubyCar"). These Terms do not
alter in any way the terms of any other agreement you may have with us.
• Your vehicle comes with a 7-day or 300-mile (whichever comes first) money
back return policy. Our Return Policy allows you the comfort of ensuring the
vehicle we delivered is right for you.
• If it is not, contact us before 4 p.m. EST on the 7th calendar day after
taking delivery.
• Your vehicle must be returned within 7 calendar days from the date of
delivery or and with less than 300 miles over the delivery odometer reading.
For purposes of this section, the delivery date is considered Day 1.
• If you picked up your vehicle at an Avis courtesy location, your vehicle must
be returned to that address or if you paid for shipping to a preferred
location, a carrier will contact you to pick up your vehicle.
• To exercise a vehicle return, you must (a) deliver to RubyCar all original
vehicle titling and registration documents, if any, (b) execute any documents
reasonably necessary to effectuate the cancellation and refund, and as
reasonably required to comply with applicable law; (c) return the vehicle in the
same condition as when it was delivered to you, reasonable wear and tear
excepted, and free of all liens and encumbrances other than any lien or
encumbrance created by the retail installment sale contract entered into with
RubyCar or purchase money loan obtained by a third party, and (d) return any
and all owners manuals, keys, floor mats or accessories provided with the
vehicle.
• If the above terms are satisfied, RubyCar will cancel the purchase
agreement/retail installment sale contract and provide you with a full refund
not later than ten business days following the day on which you delivered the
return vehicle to us. If RubyCar received a portion of the purchase price by
credit card, or other third-party payer on your account, we will refund that
portion of the purchase price to the credit card issuer or third-party payer
for credit to your account. RubyCar will also return any motor vehicle used as
a down payment/trade-in, or at our option, we will provide you with the value
of that vehicle as stated in the purchase agreement/retail installment sale
contract.
• If you want to replace the RubyCar vehicle that you are returning with
another vehicle, RubyCar will facilitate the transaction. Please note that a
new credit application may need to be completed and the financial terms could
be different than the original contract.
• You may only return a maximum of two RubyCar vehicles in a 365-day period. If
you have already returned the maximum number of vehicles within the 365-day
period, your request to return a vehicle will be denied.