Terms of Service

Terms of Service Agreement

This agreement is effective immediately upon the first use of our services and as long as you have an account with RushTera Inc.

These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

To be eligible to use our services the customer needs to be at least 16 years old. 

Customers acknowledge that RushTera Inc. may modify the Services and add or delete features, functions and additional Services from time to time in its sole discretion. Except as expressly permitted by us in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services or any source code therein. Nor will you attempt to circumvent any of RushTera Inc. ‘s technical measures or take any measures to interfere with or damage the Services. All rights not expressly granted by RushTera Inc. are reserved.

Payment and Billing Terms

Billing Term. We use a third-party payment processor, Stripe, (the ” Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement, available at https://stripe.com/us/legal. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your ” Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. 

Recurring Billing. By providing Credit Card information and agreeing to purchase any Services, the Customer hereby authorizes RushTera Inc. (or its designee) to automatically charge the Customer’s Credit Card on the same date of each calendar month (or the closest prior date, if there are fewer days in a particular month) during the Subscription Term for all fees accrued as of that date (if any) in accordance with the applicable Order Form.

Our Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges (Monthly) without further authorization from you, until you provide prior notice (receipt confirmed by us) that you have terminated this authorization or wish to change your Payment Method. Such notice will not affect charges submitted before we reasonably could act.

Auto-Renewal for Subscription Services. Unless you cancel your account, which can be done through your “Settings” page, any Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or cancel your Subscription Services at any time, go to the  “Settings” page. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

Credit Card Payment. 

Foreign Transaction Fees. Customer acknowledges that for certain Credit Cards, the issuer of Customer’s Credit Card may charge a foreign transaction fee or other charges.

Changing Credit Card Information. At any time, customers may change their Credit Card information by entering updated Credit Card information in the ” Settings” page.

Termination of Recurring Billing. In addition to any termination rights set forth in this Agreement, Customer may terminate the Subscription Term by sending RushTera Inc. notice of cancellation, if Customer’s Subscription Term is on a monthly basis, by terminating via the “Settings” page, with termination effective at the end of the current Subscription Term.

Content

Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, videos, audio files, data, text, photographs, written posts, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).

User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by RushTera Inc. users (collectively ” User Content”), whether publicly or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

Sharing of Content. When you add, create, upload, submit, distribute or post User Content to a Project, such User Content is accessible by any and all Collaborators added by the Project Creator. You hereby do and shall grant each such Collaborator with whom you share User Content through a Project a non-exclusive license for the duration of the Project’s existence to access, use, distribute, display, publish, disclose, transmit, prepare derivative works of, download such User Content, in accordance to the Sharing and Access Rights granted by the Project Creator to one or all Collaborators of the Project, including after termination of your Collaborator Account or the Services. When you share a Project with  a Collaborator, you hereby do and shall grant each such Collaborator a non-exclusive license to view, access and display such Project, including after termination of your Collaborator Account or the Services. In addition, when you send a link to a Project to a Collaborator, you may choose to grant the applicable Collaborator any or all of the following additional non-exclusive licenses: download the Project, publish such link to such Project, and/or invite third parties to view, access and display such Project, always in accordance the Access Rights granted by the Project Creator to one or all Collaborators.

Content Deletion. Any User Content made available through a Project will continue to be available on such Project unless and until the applicable User Account, the Project Creator Account, is terminated from the Services or the applicable User Content, the Project Creator Account,  is deleted from the Services, at which point such User Content will be removed from the Services 7 days after termination of the User Account or deletion of the User Content from the Services. User Content can be removed by the User responsible for the applicable Project or any applicable Collaborator.

Warranties. You hereby represent and warrant that (i) your User Content and the availability thereof through the Services does not and will not infringe or violate the rights of any third party, including without limitation any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information, (ii) you have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in any User Content in order to include their name, voice, performance or likeness in any User Content and to publish the same on the Services, and (iii) the storage, use or transmission of any User Content does not violate any law or these Terms of Service.

Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.

Unauthorized Use. You must immediately notify us in writing of any unauthorized use of any (i) Content (including User Content), (ii) Account or (iii) the Services that comes to your attention. In the event of any such unauthorized use by any third party that obtained access through you, you will take all steps necessary to terminate such unauthorized use. You will provide us with such cooperation and assistance related to any such unauthorized use as we may reasonably request. You acknowledge that if you wish to protect your transmission of User Content to us, it is your responsibility to use a secure encrypted connection to communicate with the Services.

Service Termination 

Termination for Cause.

 (a) Either party may terminate this Agreement for Cause. “Cause” means a breach by the other party of any material provision of this Agreement, provided that written notice of the breach has been given to the breaching party, and the breach has not been cured within thirty (30) days after delivery of the breach notice. (b) RushTera Inc. may discontinue service and/or terminate this Agreement immediately upon notice to Customer if Customer provides false information to RushTera Inc. regarding the Customer’s identity, creditworthiness or planned use of the Services. RushTera Inc. may discontinue service immediately, without notice, if interruption of service is necessary to prevent or protect against fraud or infringement of third-party intellectual property rights or rights of privacy or publicity or to protect RushTera Inc. ’s personnel, facilities or services.

Limitation of Liability

RushTera Inc. ’s total liability to Customer in connection with this Agreement for any and all causes of action and claims, including without limitation, breach of this Agreement, breach of warranty, negligence, strict liability, misrepresentation and other torts, shall be limited to the lesser of: (a) proven direct damages or (b) the aggregate amount of payments made by Customer to RushTera Inc. for the Service during the twelve (12) month period immediately preceding the month in which the circumstances giving rise to the claim occurred.

Disclaimer of Warrants

All Services and Professional Services are provided “As Is”. Neither RushTera Inc. nor its Suppliers makes any other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement. 

You acknowledge that We have no duty to take any action regarding:

• which users gain access to the Services;
• what Content you access via the Services; or
• how you may interpret or use the Content.

We strongly encourage and recommend that you maintain appropriate security, protection and backup copies of your Content, which may include your use of additional encryption technology to protect Content (including User Content) from unauthorized access. You acknowledge and agree that we will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.

You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

Indemnification

Customer shall indemnify, defend and hold harmless RushTera Inc. and its affiliates, employees, directors, officers, representatives, subcontractors, interconnection service providers, suppliers and agents (“Indemnified Parties”) from and against all demands, claims, actions or causes of action, assessments, losses, damages, liabilities, costs and expenses, including, without limitation, interest, penalties and reasonable attorneys’ fees and disbursements (collectively, “Claims”), to the extent any such Claim is asserted by a third party against any Indemnified Party, directly or indirectly, by reason of or resulting from any Customer failure to perform an obligation under this Agreement or any action or inaction of Customer or its employees or agents that is illegal or constitutes negligence or intentional misconduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Third Party Services 

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York.

Modification

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on our Website and/or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.

Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, environmental such as natural disasters, electronic or communications failure, degradation, service outages by third party providers unaffiliated with RushTera Inc. , national emergencies, riots, wars, strikes, lock-outs work stoppages or other labor difficulties.

Assignment

Customers may not assign this Agreement without the express prior written permission of RushTera Inc. , provided that consent shall not be unreasonably withheld. RushTera Inc. may assign this Agreement in whole or in part, transfer or delegate any of our rights and obligations hereunder without consent.

Notices

Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to support@rushtera.com.