These Terms of Service are a legal agreement, between you and Attend LLC that governs your access to and use of RushTera (formerly know as MediaCloud). The services described in Section 2 (“RushTera”) are provided by Attend LLC. Please review these Terms of Service before you decide whether to accept them and continue with the registration process.
By agreeing to these Terms of Service, you represent that you are 18 years old or older; and capable of entering into a legally binding agreement. If you are a business entity, you also represent that you are duly authorized to do business in the country or countries where you operate; and your employees, officers, representatives, and other agents accessing RushTera are duly authorized to access RushTera and to legally bind you to these Terms of Service and all transactions conducted under your username and password.
The following defined terms appear in these Terms of Service.
“Member”. An currently authorized user of RushTera.
“Membership Rate” Membership Rate is defined as the payment amount associated with the member’s selected Pricing Plan, or such other price as Attend LLC may determine and announce from time to time. Pricing Plans are detailed here.
“Method of Payment”. A valid means by which Attend LLC can receive payment for your use of Services.
“Recipient”. A person with whom a Member shares files or folders/repositories.
“Services”: The RushTera products and services described in these Terms of Service.
“Sharing”. Giving access to another person to files and or folders/repositories via RushTera.
“We”, “us”: Attend LLC.
“You“, “you”: A person that applies to, or registers to use, or uses, the Services.
2.1 Getting Started with RushTera.
In order to use RushTera, you must complete all required information elements on RushTera registration web pages. You must register a valid Method of Payment credit or debit card to pay fees and other obligations arising from your use of RushTera. You must provide current, complete and accurate information and maintain it as current and accurate. ATTEND LLC may require you to provide additional information as a condition of continued use of RushTera, or to assist in determining whether to permit you to continue to use the Service.
You authorize ATTEND LLC to confirm that your Method of Payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the Method of Payment, in accordance with the relevant card association rules as applicable. You also authorize ATTEND LLC to obtain from time to time a credit report and/or to otherwise make credit or other background inquiries as ATTEND LLC deems appropriate to evaluate your registration for or continued use of RushTera. ATTEND LLC, in its sole and absolute discretion, may refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein.
ATTEND LLC may suspend or delay processing of suspicious transactions or transactions which may involve fraud, misconduct, or violate applicable law, these Terms of Service, or other applicable ATTEND LLC policies, as determined in ATTEND LLC’s sole and absolute discretion.
You acknowledge and agree that your Sharing of files or folders/repositories are transactions between you and the Recipient, and not with ATTEND LLC or any of its affiliates. ATTEND LLC is not a party to your sharing of files or data.
ATTEND LLC is not responsible for anything that results from Sharing or related activities including streaming, download, installation, use, nor for any transmission failure, interruption, or delay that occurs in the process of Sharing.
2.3 Membership in RushTera.
Your Membership will start when you click “Subscribe” or “Register” on the RushTera registration page. This is a recurring billing transaction. Unless otherwise stated, your Membership and the relevant billing authorization will continue indefinitely until cancelled by you or Attend LLC. By clicking ‘Subscribe,’ you authorize Attend LLC to bill your chosen Method of Payment during the subscription for the Membership Rate. The Purchase Amount will continue to be charged to your Method of Payment, until you cancel your subscription, unless as otherwise stated in the terms and conditions. The billing rate is subject to change by us during the subscription period and we will notify you.
Your Method of Payment will be billed each period based on the date of the subscription purchase. You may cancel a subscription at any time, but the cancellation will not become effective until the end of the current billing period. You will not receive a refund for the current billing period. You will continue to be able to access the relevant subscription for the remainder of the current billing period.
We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
2.4 Acceptable Use.
You agree that you will not use RushTera in any way that violates these Terms of Service, other policies or rules applicable to RushTera, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of RushTera.
You may only use RushTera for legitimate, bona fide, lawful purposes. RushTera may not be used to view, process, send or receive data that in any way violates the law in either the jurisdiction in which the Member or any Recipient resides. You may not use RushTera in any way in connection with any illegal transaction whatsoever. Member accepts full responsibility for abiding by this clause and shall indemnify and hold Attend LLC and its affiliates harmless for any violation. Attend LLC may suspend or terminate Members’ use of RushTera without notice if it has a reasonable suspicion of unlawful use.
2.5 Storage Fees.
Your Membership includes storage depending upon your Pricing Plan. Pricing Plans and the amount of storage included in each is outlined here. If you, or someone you authorize, uploads more into your RushTera account than the storage available included under your Pricing Plan, you will be charged an additional amount per Gigabyte per month. You agree to pay the storage fee calculated for the peak storage used in your account in a calendar month. We reserve the right to change these rates at any time and notify you accordingly.
You agree to release, ATTEND LLC its affiliates, agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a your use of RushTera. You agree that you will not involve ATTEND LLC in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any person or other third party in connection with the Services. If you attempt to do so, (i) you shall pay all costs and attorneys’ fees of ATTEND LLC and its affiliates, agents, contractors, officers and employees and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth below. However, nothing in these Terms of Service shall constitute a waiver of any rights, claims or defenses that you may have with respect to any action brought against you by a third party.
If you are a California resident, you hereby expressly waive California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.”
2.7 Third Party Fees.
You are responsible for any fees charged by your telecommunications provider, Payment Method, or any other third party in connection with your use of RushTera.
3. Limitations on Use of Services.
We may establish general practices and limits concerning use of the Services, including without limitation individual or aggregate transaction limits on the dollar amount, amount of storage or number of uploads or downloads during any specified time period(s). We reserve the right to change, suspend or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services or any Service feature, without notice and without liability. We also reserve the right to impose limits on certain Service features or restrict access to parts or all of the Services without notice and without liability.
We may limit or suspend your use of one or more Services at any time, in our sole and absolute discretion. If we suspend your use of the Services, we will attempt to notify you by electronic mail. Suspension of your use of the Services will not affect your rights and obligations pursuant to these Terms of Service arising before or after such suspension.
5. Username and Password Information.
You agree to keep your RushTera password secret and to protect it for your exclusive use. You are responsible for: 1) maintaining the confidentiality of your username and password, 2) any and all transactions by persons that you give access to or that otherwise use such username or password, and 3) any and all consequences of use or misuse of your username and password. You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Services of which you have knowledge. If you believe your RushTera account has been opened or used in an unauthorized manner you agree to change your password immediately.
If you are a business entity, you agree that all officers, employees, agents, representatives and others having access to usernames and/or passwords shall be vested by you with the authority to use the Services and legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by you, that access the Services using the business’ usernames and passwords.
6. Electronic Communications.
You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy as applicable. Electronic communications shall be deemed received by you when they are posted or communicated to you through the Services, sent to the email address you provided at the time of registration or as revised by you thereafter in accordance with these Terms of Service, or when the electronic communication is posted on a RushTera, Attend LLC web site, as applicable.
For those communications or records that ATTEND LLC is otherwise required under applicable law to provide in a written paper form to you, you agree that such communications or records may be provided by means of electronic communications. The following additional terms will apply to such electronic communications: (a) you may contact ATTEND LLC to request another electronic copy of the electronic communication without a fee; (b) you may request a paper copy of such an electronic communication, and ATTEND LLC reserves the right to charge a fee to provide such paper copy; (c) you may contact ATTEND LLC through HYPERLINK “mailto:firstname.lastname@example.org” email@example.com or the contact page on our web site to update your registration information used for electronic communications or to withdraw consent to receive electronic communications; and (d) we reserve the right to terminate your use of RushTera if you decline or withdraw consent to receive electronic communications.
7. Termination of Service.
We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of one or more Services for any reason, including without limitation inactivity or violation of these Terms of Service or other policies we may establish from time to time.
Upon termination, we have the right to prohibit your access to the Services, including without limitation by deactivating your username and password, and to refuse future access to the Services by you or if a business entity, its parent, affiliates or subsidiaries or its or their successors.
8. Responsibility for Taxes.
The reporting and payment of any applicable taxes arising from the use of the Services is your responsibility. You hereby agree to comply with any and all applicable tax laws in connection with your use of the Services.
You agree to indemnify, defend and hold harmless ATTEND LLC and their subsidiaries and other affiliates, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively “Indemnified Parties”) from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from: (i) your use of the Services; (ii) any breach or non-compliance by you of any term of these Terms of Service or any ATTEND LLC policies; (iii) any dispute or litigation caused by your actions or omissions; or (iv) your negligence or violation or alleged violation of any law or rights of a third party.
THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICES, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ATTEND LLC AND THEIR SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS, INCLUDING BUT NOT LIMITED TO, DEVICE MANUFACTURERS (COLLECTIVELY, “ATTEND LLC PARTIES”), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES. EACH ATTEND LLC PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ATTEND LLC PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE ATTEND LLC PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OF SHARING TRANSACTIONS OR THE SERVICES.
11. Limitations of Liability; Force Majeure.
IN NO EVENT SHALL ANY ATTEND LLC PARTY BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY ATTEND LLC PARTY OR THE SERVICES, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE ATTEND LLC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE ATTEND LLC PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE NET FEES ATTEND LLC HAS ACTUALLY RECEIVED AND RETAINED FROM THE YOUR VALID PAYMENT DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no ATTEND LLC Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
12. Governing Law.
These Terms of Service shall be governed by the laws of New York, except for New York’s choice of law rules, and applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Onondaga County, New York. The parties specifically exclude from application to the Terms of Service the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
In addition to the electronic communications authorized under the Section entitled, “Electronic Communications”, statements, notices and other communications to you may be made by mail, email, postings on the RushTera or Attend LLC Web Sites or other reasonable means. We may also provide notices of changes to the Terms of Service or other matters by displaying links to notices on the RushTera or Attend LLC Web Sites. Notice to ATTEND LLC and RushTera, Inc. may be made by mail to:
PO Box 11
Cazenovia, NY 13035
14. Modification of Terms of Service.
We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of these Terms of Service at any time by posting or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services.
You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
Upon termination of your use of the Services or termination of these Terms of Service for any reason, in addition to this section, the following sections shall survive termination: 2.1 through 2.7, and 3 through 17.
17. Other Provisions.
The failure of ATTEND LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms of Service, including ATTEND LLC’s policies governing the Services referenced herein, constitutes the entire agreement between you and ATTEND LLC with respect to the use of the Services. These Terms of Service is not intended and shall not be construed to create any rights or remedies in any parties other than you and ATTEND LLC and other ATTEND LLC affiliates which each shall be a third party beneficiary of these Terms of Service, and no other person shall assert any rights as a third party beneficiary hereunder.
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