Rush Terms of Use
Effective: February 26, 2024
This Terms of Use (this "Agreement") is made between Passionwaves Limited (the "Rush", the "Website", the "Application", "we", "us" or "our")and the user of Rush and its affiliate services ("You" or "Member") with respect to communications with other members and other online services provided by Rush (the "Service").
By clicking "Sign Up" on the registration forms, You indicate Your acceptance of all the terms and conditions of this Agreement and your registration on Rush.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON "SIGN UP" BUTTON, ONCE THE BUTTON IS CLICKED YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT REGARDLESS OF WHETHER OR NOT YOU REGISTER FOR OR PURCHASE THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY Rush AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE WEBSITE UPON OUR UPDATING THE APPLICATION WITH THE CURRENT VERSION OF THIS AGREEMENT.
By registering on Rush, You represent and warrant that
① You are at least 18 years old;
② You are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction;
③ You will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations; and
④ You have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
Membership in the Service and registration on Rush is void where prohibited. By using Rush, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. All information supplied when registering MUST be accurate, true, and complete in all respects. Where the identification provided is inaccurate or incomplete, suspension of the account may occur until identity verification has been satisfactorily completed, based on our independent judgment. You may not authorize others to use Your membership, and You may not assign or otherwise transfer Your account to any other person or entity. You must keep your password and all account details secret and confidential as you are responsible for use of the Service from your account and any other activities taking place on your account. Any transactions on your account will stand if your username and password have been entered correctly.
You can create an account via manual registration, or by using your Google, Facebook, or Phone Number(collectively, "Third-party Account") login details. If you create an Account using your Third-party Account login details, you authorise us to access, display and use certain information from your Third-party Account.
For more information about what information we use and how we use it, please check out our Privacy Policy.
By using the Service, you consent to receive SMS messages from us for purposes including, but not limited to, account verification, service updates, and promotional offers. You can opt-out of receiving SMS messages at any time by following the instructions provided in the message or by contacting our customer support.
You may terminate Your membership at any time, for any reason, effective upon receipt of Your written notice of termination by Rush email: rush_app@outlook.com.
Rush may terminate Your membership for any reason, with or without explanation, effective upon sending a notice to Your email address provided at registration, or to any other email address provided by You to Rush. Upon termination by Rush without cause, You shall receive a refund, pro rata, of any paid fees that Rush has received from You.
If Your membership with Rush is terminated by reason of violation of this Agreement, or at Your request, You will not be entitled to, nor shall Rush be liable to You, for any refund of unused fees for using Rush or its additional services. Used Pay service are non-refundable, except as provided in this Agreement. Notwithstanding Your membership being terminated, this Agreement will remain in full effect.
3. NON-COMMERCIAL USE BY MEMBERS
Rush is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, businesses, and/or other entities may not become Members and are not entitled to use the Service or the Website/ Application for any purpose. Illegal and/or unauthorized use of the Website/ Application, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website/ Application will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. You hereby grant, represent, and warrant that You will not create any databases, websites, applications, software, legal entities and services competitive with Rush. You further guarantee and warrant that You will not use the Website/Application for any commercial purposes, and/or send or receive funds thorough the Website/Application, and/or create accounts with fake usernames. You further guarantee and warrant that You will not be paid for using the Website/Application and services, provided on the Website/Application. Such activity will be investigated, Your membership may be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.
Subject to your compliance with the terms and conditions set out in this Agreement, Rush grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to access and use our Service, only on your personal computer or other smart device for the sole purpose of personally using this service, and if you create a Rush account by connecting with a third-party platform, such as Google Play or the Facebook, as permitted by the usage rules set forth in the each third-party platform Terms of Service as of the date hereof. The sole purpose of this license is to enable you to use and enjoy the benefit of the Service in the manner permitted by this clause. You may not copy, modify, distribute, sell or lease any part of our services, nor reverse-engineer or attempt to extract the source code of the software, unless applicable laws prohibit these restrictions or you have our written permission.
Rush owns licenses or otherwise retains all intellectual property rights in the Website/ Application and the Service, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same of Rush and its licensors. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. For matters not expressly authorized in this Agreement, such as commercial sales, reproduction, and permission for any third party to use Rush, you should separately obtain formal written permission from Rush.
You agree that any content, messages, photos, videos, audio and video calls or profiles (collectively, "Content") must comply with our Guidelines at Community Guidelines, as updated from time to time.
⑤ You understand and agree that Rush may at its sole discretion store for review and delete any Content that in the sole judgment of this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Members or any third parties.
⑥ You are solely responsible for the Content that You publish or display ("post") via the Website/Application, or transmit to other Members.
⑦ By posting Content to any public area of the Website/ Application You automatically grant, represent and warrant that You have the right to grant to Rush an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
⑧ The following is a partial list of Content that is illegal or prohibited on the Website/Application. Rush reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes, but is not limited to, Content that:
1) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2) harasses or advocates harassment of another person;
3) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"
4) promotes information that You know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
5) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copyright protected devices, or providing pirated music or links to pirated music files;
6) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
7) publicly displays inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity);
8) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
9) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
10) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
11) engages in commercial activities and/or sales without Rush prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
⑨ You must use the Service in a manner consistent with any and all applicable laws and regulations. Your Content must comply with applicable international, national, and local laws and regulations.
⑩ You may not include in Your profile any telephone numbers, street addresses, real names, URLs or email addresses. You may not include in Your correspondence with other members any URLs, email addresses or telephone and fax numbers.
⑪ You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or spam to other Members. Although Rush cannot monitor the conduct of its Members off the Website/Application, it is also a violation of these rules to use any information obtained from the Service to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect its Members from such advertising or solicitation, Rush reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Rush deems appropriate in its sole discretion.
⑫ You may not collect data from Rush either from authorized and not authorized zones through automated means (bots, spiders, scrapers or equivalent means), or by establishing fake user accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity on Rush. You may not collect data from Rush authorized zones by any other means including manual collection of data.
⑬ To ensure the quality of the Service provided, Your communication through the Website/ Application may be recorded.
⑭ Rush reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this Section including without limitation removing the offending communication from the Service and terminating the membership of such violators.
7. SERVICES PROVIDED BY THIRD PARTIES
① In order to facilitate your use of the Rush, the Service may use third-party services, and the results of such use and access are provided by the third party (including but not limited to the services and contents provided by the third party that you jump to through the Service, or accessed by said third party through Rush). In addition to the terms of this Agreement, you shall comply with the user agreements of third parties in using services provided by third parties on the Rush device. Rush cannot guarantee the security, accuracy and validity of the services and contents provided by third parties and other uncertain risks, and you shall solely bear relevant risks and responsibilities arising therefrom.
② Whether the third-party services are pre-installed in the Rush device or activated or subscribed by yourself, you understand and agree that Rush disclaims all express or implied warranties with respect to the security, accuracy and validity of the services and contents provided by third parties and other uncertain risks.
③ Any dispute between you and the above third-party services providers shall be settled by you and such third party with you taking relevant responsibilities, if any.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Service in a way that constitutes copyright infringement, please supply Rush's copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing on such copyright is located on the Website/ Application; Your address, telephone number, and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owners behalf.
You are solely responsible for Your interactions with other Rush Members. Rush reserves the right, but has no obligation, to monitor disputes between You and other Members. Also, Rush is not in any kind responsible for expectations, promises or truthfulness of any information of any Member.
When you are using the Service, Rush may need to collect personal data to provide you the Service. Rush pays great attention to the protection of your personal data and has made the Rush Privacy Policy, which states the detailed information of the way Rush collects, uses, stores, transfers, and discloses your personal data. You may refer to the details of the "Rush Privacy Policy", which forms an integral part of this Agreement. By downloading, installing, or using the Services, you agree to be bound by the terms of this Agreement and its Privacy Policy, and Rush will protect your privacy in accordance with this Privacy Policy.
To provide the Service, Rush may purchase services from various third parties and affiliate marketing partners (collectively, «Suppliers»). The Suppliers are independent contractors and are not agents, or employees of Rush. Rush is not responsible for the willful or negligent acts and/or omissions of any Supplier or any of its respective employees, agents, servants, or representatives including, without limitation, their failure to deliver Services, or partial or inadequate delivery of Services. According to terms of agreement with its Suppliers, Rush is prohibited from rendering the Suppliers contact information. Services provided by the Suppliers include but are not limited to the following:
① Suppliers provide full, accurate and legitimate information required for the registration of the Members at Rush prior to their registration according to the terms of Agreement.
② Each supplier may provide translation services for the registered Members and have access to all the correspondence of such Members.
③ Suppliers provide additional services in accordance to the terms of their agreement with Rush.
④ Any additional services requested by Rush Members, which fall into the Suppliers scope of activity, but not defined by Rush terms of Agreement with Supplier, may be processed by Suppliers, but are not automatically granted.
Rush is not in any way responsible for the quality of any additional services provided by the Suppliers. The Website/ Application and the Service are provided "as is" and Rush expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Rush cannot guarantee and does not promise any specific results from use of the Website/ Application and/or the Service.
Rush does not influence the relationships between Members of the Website/ Application. Members may terminate their membership with Rush at any time. Deactivation of Membership of Rush is governed by the following:
① In the event a Member is no longer interested in the Services, Rush customer support administrators shall review the correspondence between such Member and other Member's with whom the Member has been corresponding.
② In the event a Member had requested his/her profile to be deleted from Rush for unspecified personal reasons, other Member shall not have the right to receive any information with respect to the deletion of such a Member's profile, as it would be in violation of Rush's Privacy Policy.
③ In the event, a Member is found on an anti-scam site, or in case we receive reliable proof of the Member's illegal activities from another Member, such Member's profile may be deleted from the Website/ Application provided that Rush, in its sole and unfettered discretion, considers the supplied information substantial and irrefutable.
① Rush offer both free service and paid services. For the Rush free service, you understand and agree that although some features of Rush and its Service are currently offered to you free of charge, however, along with the continuous renewal of our Service, you may need to pay for some part of Rush or Service provided by Rush.
② For the Rush paid service ("In-App Purchase"), we will clearly notify you before your use and you may choose whether to accept or use such paid features or service. At that time, please use such paid service according to our instructions (including but not limited to service fee standards, payment terms and service rules). If you choose to use such paid services, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.
③ You may make an In-App Purchase through the following payment methods ("Payment Method"): Making a purchase through a third-party platform which includes Google Play Store ("Third-Party Store"); Please note that once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method.
④ You may be able to purchase or earn a limited, personal, non-transferable, non-sublicensable, revocable license to use "virtual items", which could include virtual products or virtual "gold coins" or other units that are exchangeable within the Service for virtual products (collectively, "Virtual Items").
⑤ The price of the Virtual Items will be displayed at the point of purchase. All charges and payments for Virtual Items will be made in the currency specified at the point of purchase through the relevant payment mechanism. Currency exchange settlements, foreign transaction fees and payment channel fees, if any, are based on your agreement with the applicable payment provider.
⑥ Virtual Item are not property good such as balances or advances. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
⑦ No Virtual Items may be assigned or transferred to any other user of the Service or third party except as expressly permitted by us in writing. The sale, barter, assignment, or other disposal of any Virtual Items, other than by us, is expressly prohibited.
⑧ Any Virtual Items assigned, sold, or otherwise transferred without the express written consent of us are void. Any user of the Service who violates this restriction may have his or her account terminated us, forfeit Virtual Items from his or her account, and/or be subject to liability for damages and litigation and transaction costs.
⑨ Rush shall have no liability to you or any third party in the event that Rush exercises any such rights. Virtual Items may only be redeemed through the Service. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items.
⑩ WHEN YOU INITIATE A REFUND, THE REFUND POLICY IS SUBJECT TO THE SPECIFIC POLICIES OF THIRD-PARTY STORE. YOU ACKNOWLEDGE THAT THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
⑪ Rush reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement and Community Guidelines, misused the Service, or behaved in a way that Rush regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
⑫ If you want to know more about Rush's paid service rules, please check our Payment Agreement.
⑬ Rush, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. Rush may manage, regulate, control, modify, or eliminate Virtual Items at any time. You shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. You cannot cancel an order for delivery of digital content that is not delivered on a physical medium if order processing has begun with your explicit prior consent and acknowledgement that you will thereby lose your right of cancellation. That means that such purchases are final and non-refundable.
⑭ Your use of the Service will consume your device, bandwidth, traffic and other resources. Fees for the above resources such as purchasing a Rush device, Internet access fees, SMS fees, and payment for Rush software's value-added services shall be borne by yourself.
You will indemnify, release and hold harmless Rush, its parent, subsidiaries and affiliates, and all officers, directors, agents and employees thereof, and any party acting on Rush’s behalf, from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, "Claims") arising out of (i) any use of the Rush Service or products appearing on the Rush Service by you or by any person that is not in accordance with the terms of this Agreement; (ii) any breach of this Agreement by you or by any person that you allow to use the Rush Service; or (iii) any violation of any laws, regulations or the rights of any third party by you or by any person that you allow to use the Rush Service or products appearing on the Rush Service.
Rush PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH ITS REPRESENTATIVES, OTHERWISE WITH RESPECT TO THE SERVICE. Rush SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, Rush DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. Rush DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
Although each member must agree to the Agreement, Rush cannot guarantee that each member is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Service. Those others may use Your information for purposes other than what You intended. Rush is not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. We can't guarantee that the particular Member is using his profile personally, but we do all possible to block such behavior.
Rush DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. Rush is not responsible for any incorrect or inaccurate Content posted on the Website/ Application or in connection with the Service, whether caused by users of the Website/ Application, Members or by any of the equipment or programming associated with or utilized in the Service. Rush is not responsible for the conduct, whether online or offline, of any user of the Website/ Application or Member of the Service. Rush assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Rush is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Websites/ Applications or combination thereof, including injury or damage to users and/or Members or to any other persons computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Rush be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website/ Application or the Service, any Content posted on the Website/ Application or transmitted to Members, or any interactions between users of the Website/ Application, whether online or offline.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL Rush BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE WEBSITE/ APPLICATION OR THE SERVICE, AS WELL AS DAMAGES FOR LOSS OF DATE, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS, EVEN IF Rush KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Rush IS NOT RESPONSIBLE FOR ANY ACTIVITIES OUTSIDE OF OUR SERVICES (INCLUDING, BUT NOT LIMITED TO EXPENSES RELATED TO TRAVEL, DELIVERIES, MEETINGS ETC.). THOSE EXPENSES ARE YOUR OWN RESPONSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Rush'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Rush FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
You acknowledge that the transactions involving your use of the Website/Application and your purchase of products or services took place in the country of incorporation of the company owning Rush.
Subject to the Supplemental Terms – Jurisdiction Specific, any dispute, claim or controversy ("Claim") relating in any way to this Agreement, the Site, or your use of Rush will be resolved by binding arbitration as provided in this paragraph 17, rather than in court, except that you may assert claims in small claims court if your claims qualify.
Subject to the Supplemental Terms – Jurisdiction Specific, any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre("HKIAC") under the Arbitration Rules of the Hong Kong International Arbitration Centre in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in English.
THE ARBITRATOR MAY AWARD MONEY OR INUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. You will attempt to resolve all disputes with respect to the Services through communication with Rush's customer service. If parties are unable to resolve the dispute, You must use the dispute resolution mechanism discussed above in this Section. Please also note should you chargeback any transactions billed to your account, Rush may be required to disclose any and/or all private communications sent/received by You through our Service to prove the validity of the charges billed to Your account and Rush's privacy policy will therefore not restrain any such disclosures.
All claims and disputes relating in any way to your visit to the Website/Application or to products or services sold or distributed by Rush or through Rush MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CLASS PROCEEDING. Only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.
USA-SPECIFIC TERMS
If you are a user of Rush in the USA, the below Additional Terms: (a) are incorporated into these Terms; (b) apply to your use of Rush; and (c) override the head terms of these Terms to the extent of any inconsistency.
If you are a user of Rush in the United States of America, the following terms expressly replaces the above "Governing Law and Dispute Resolution" section of these Terms.
If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live govern all claims, regardless of conflict of law principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts of California, for all disputes arising out of or relating to these Terms that are heard in court (excluding arbitration).
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
In the event of a dispute, you and we agree to try for sixty (60) days to resolve it informally. If you and we are unable to come to informal resolution within sixty (60) days, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA") (with such arbitration to be conducted under the AAA's Commercial Arbitration Rules), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator's decision will be final except for a limited right of appeal under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed, and nor is combining individual proceedings without the consent of all parties. These Terms govern to the extent they conflict with the AAA's Commercial Arbitration Rules or Consumer Arbitration Rules. You and we must file in arbitration any claim or dispute (except intellectual property disputes) within one year from when it first could be filed. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won't be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of these provisions regarding arbitration is found to be illegal or unenforceable, that provision will be severed but the rest of these provisions regarding arbitration still apply.
If you are a California resident, then (except to the extent prohibited by applicable laws) you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party".
UK-SPECIFIC TERMS
If you are a user of Rush and located in the United Kingdom, the below Additional Terms: (a) are incorporated into these Terms; (b) apply to your use of Rush; and (c) override the head terms of these Terms to the extent of any inconsistency.
These Terms are governed by the law of the jurisdiction in which you are a resident.
If we have a dispute, we will first try to resolve it with you amicably.
If we cannot resolve our dispute, you or we can go to your local courts. You can also go to the following courts:
① If you reside in the Republic of Ireland, the courts of the Republic of Ireland will have non-exclusive jurisdiction over disputes;
② If you reside in England or Wales, the courts of England and Wales will have non-exclusive jurisdiction over disputes;
③ If you reside in Scotland, the courts of Scotland will have non-exclusive jurisdiction over disputes;
④ If you reside in Northern Ireland, the courts of Northern Ireland will have non-exclusive jurisdiction over disputes.
We are committed to resolving all disputes amicably, but if an agreement cannot be reached, you have the right to apply the law of your jurisdiction and bring the dispute to the appropriate court.
① Heading. The headings of all terms of this Agreement are for reference purpose only, have no actual meanings themselves, and shall not be used as a basis for interpreting the meanings of this Agreement.
② Severability. If any term or provision of this Agreement is held to be invalid or unenforceable by any judicial or administrative authority for any reasons, such determination shall not affect the validity of enforceability of the remaining terms and provisions of the Agreement hereof, and the remaining provisions of this Agreement shall remain in full effect and shall be construed in accordance with its terms.
③ Languages. If this Agreement is made in English and other languages. In case of any discrepancy, the English version hereof shall prevail.
④ No Waiver. The failure of Rush to enforce at any time any of the provisions of the Rush Service, or the failure by Rush to require at any time performance by you of any of the provisions of the Rush Service, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of Rush to enforce such provision thereafter. The express waiver by Rush of any provision, condition or requirement of the Rush Service shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
⑤ Entire Agreement. This Agreement constitutes the entire agreement between you and Rush governing your use of Rush software and supersedes any prior agreements between you and Rush relating to the use of Rush software. You may also be subject to additional terms and conditions that may apply when you use or purchase open-source software, third-party content, or other Rush Service.
Rush welcomes comments, questions, concerns, or suggestions. You can contact us or get support here.
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