Terms of Service
QUALITY, ACCURACY AND COMPLETENESS
Rush Recommerce attempts to ensure that the Products, Materials, Services and other information featured on this Site and on the Mobile Application are complete, accurate and current. Despite these efforts, the Products, Materials, Services and other information contained on this Site or the Mobile Application may occasionally be inaccurate, incomplete or out of date. Rush Recommerce makes no representations as to the completeness or accuracy of the Products, Materials, Services and other information, advice or recommendations made available on this Site or through the Mobile Application, nor does it make any representations or warranties as to the quality or safety of any Products, Services, Materials or third party products or services offered or made available via the Site or the Mobile Application.
CONSENT TO EMAIL AND MOBILE COMMUNICATIONS
When you visit the Site, access the Mobile Site or send an email to us, you are communicating with us electronically and are therefore consenting to our electronic communication to you. Therefore, you agree that, upon such election, we may communicate with you by email, text message or by posting notices to the Site, or by providing you with communications via the Mobile Application. You agree to be bound by the following terms with respect to any communications that we make via text messaging, email or otherwise:
Message and data rates may apply. Any charges are billed by your wireless carrier or deducted from your prepaid account.
Rush Recommerce does not charge for receiving or sending text messages or email to you;
Rush Recommerce is not responsible for any delays in your receipt of any text messages or emails;
By choosing to receive text messages or emails, you certify that (a) you are the account holder for the mobile device or the email address at which you will receive such text messages, or (b) you have the account holder’s permission to do so.
You certify that you are 13 years of age or older.
You may opt out at any time by notifying Rush Recommerce of your desire to do so.
PRODUCTS, SERVICES AND SPECIAL OFFERS
Offers and promotions posted on this Site or communicated via the Mobile Application, or those sent to customers by email or text message, are good only for the dates indicated. Offers, promotions, Products, Services and sweepstakes offered on this Site or through the Mobile Application may not be available in every Rush Market store.
All features, content, specifications and prices of Products and Services described or depicted on this Site or on the Mobile Application are subject to change without notice. The inclusion of any Product or Service on this Site or the Mobile Application at a particular time does not imply or warrant that such Product or Service will be available at any time.
The trademarks, service marks, logos, URLs and domain names(collectively, the “Marks”) displayed on this Site or on the Mobile Application are the property of Rush Recommerce or other third parties. You are not permitted to use the Marks without the prior written consent of Rush Recommerce or such third party that may own the Marks.
REGISTRATION ON THE SITE
You may be required or permitted to register for the Site or the Mobile Application in order to access certain Services or Materials, to receive promotional communications or other advertising information, or to access certain content offered on the Site. If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. It is your sole responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Rush Recommerce immediately.
In order to be eligible to register, you must meet the following requirements:
You must be a human to register. Accounts registered by “bots” or other automated methods are not permitted.
You are responsible for maintaining the security of your account and password. Rush Recommerce cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accessed the Site through your account).
One person or legal entity may not maintain more than one account.
USE OF SITE, MOBILE APPLICATION, PRODUCTS, MATERIALS AND SERVICES
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to download, access or use the Site, Mobile Application, Products, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site or the Mobile Application that are subject to such limitations. You agree to use the Site and the Mobile Application only to access, download, utilize or receive Products, Materials or the Services in an appropriate manner as related to the particular Products, Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Mobile Application, Materials or Services, or ordering Products or Services, you agree that you shall not:
Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
Promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability;
Solicit any business from third party users of the Site or Mobile Application;
Provide any false personal information, or create an account for anyone other than yourself;
Share your password, let anyone else access your profile, or do anything else that might jeopardize the security of your profile;
Use or attempt to gain access to or use another’s account, password or computer systems, whether through hacking, password mining or any other means;
Select or use as a user name or any name of another person with the intent of impersonating that person, (b) use as a user name any name subject to any rights of a person other than you without appropriate authorization, or (c) use as a user name any name that is offensive, vulgar or obscene;
Remove or falsely add to any Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material;
Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site, Mobile Application or Services;
Use the Site, Mobile Application, Products, Services or any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party;
Disrupt or interfere with the security of, or otherwise cause harm to, the Site, the Mobile Application, or any Products, Services, Materials or systems resources;
Transmit unsolicited or bulk communications to any Rush Recommerce affiliated e-mail address or otherwise transmit or send spam emails or unsolicited emails to users of the Site or Mobile Application;
Contribute any name, material, opinion or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful or otherwise objectionable;
Disrupt, interfere with or inhibit any other user from using and enjoying the Site, the Mobile Application or other affiliated or linked sites, Materials or Services;
Access or use the Site or Mobile Application in any manner that could damage, disable, overburden or impair any Rush Recommerce server or the network(s) connected to any Rush Recommerce server;
Prepare, compile, use, download or otherwise copy any user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party;
Violate the rights of Rush Recommerce or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another; and
Use any Rush Recommerce domain name as a pseudonymous return e-mail address.
Rush Recommerce, in its sole discretion, may (but has no obligation to) monitor or review the Site, the Mobile Application, Materials and Services at any time. Rush Recommerce may at any time without notice and in its sole discretion: (a) terminate a Service or access to, purchase or use of any Products or Materials or an area of the Site or the Mobile Application; and (b) disclose any information related to your use of or access to a Service, Product or Material, as Rush Recommerce deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your company on the Site or the Mobile Application.
CONTRIBUTIONS TO THE SITE
You are solely and entirely responsible for all of your User Submissions. You shall assume all risks associated with any reliance on the accuracy, completeness or usefulness of your User Submissions from or by others. Rush Recommerce does not guarantee the accuracy, integrity or quality of the material you contribute or the material anyone else contributes as part of a User Submission. You acknowledge and agree that by accessing or using the Site or the Mobile Application, you may be exposed to material from others that you find objectionable. You acknowledge and agree that Rush Recommerce shall not be liable for any actions or inactions resulting from or related to any User Submission made on the Site or via the Mobile Application.
COPYRIGHT INFRINGEMENT COMPLAINTS
We respect the intellectual property rights of others and we prohibit users from posting on the Site any content that violates another party's intellectual property rights. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) 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 owner's behalf. These requirements must be followed to give Rush Recommerce legally sufficient notice of infringement. Send copyright infringement complaints to:
Rush Recommerce, LLC
Attn: Customer Service
3201 S 144th Street
Omaha, NE 68144
We suggest that you consult your legal advisor before filing a DMCA notice with Rush Recommerce’s copyright agent. There can be penalties for false claims under the DMCA.
USE OF MATERIALS
Except as indicated to the contrary elsewhere on this Site or through the Mobile Application, you may view, download, and print the Materials available on this Site or through the Mobile Application, subject to the following conditions:
You will not quote or display Materials, or any portions thereof, out of context.
Rush Recommerce reserves the right to revoke the authorization to view, download and print the Materials available via this Site or Mobile Application at any time, and any such use shall be discontinued immediately upon notice from Rush Recommerce.
Use of Materials for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The rights specified above to view, download and print Materials available on this Site or Mobile Application are not applicable to the design, layout or look and feel of this Site or Mobile Application. Such elements are protected by law, including trade dress, trademark, copyright, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound, video or image from the Site or Mobile Application may be copied or retransmitted unless expressly permitted by Rush Recommerce. In addition, various sections of the Site or Mobile Application may showcase the work of creative professionals. Such Materials belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
RESTRICTION AND TERMINATION OF USE
Rush Recommerce may block, restrict, disable, suspend or terminate your access to all or part of the Site, Mobile Application, Products, Services and Materials at any time in Rush Recommerce’s sole discretion, without prior notice or liability to you.
LINKS TO THIRD PARTY SITES
The Site, Mobile Application, Services or Materials may include links that will take you to other sites outside of the Site or Mobile Application (“Linked Sites”). The Linked Sites are provided by Rush Recommerce to you as a convenience and the inclusion of the links do not imply any endorsement by Rush Recommerce of any Linked Site. Rush Recommerce has no control of the Linked Sites and you therefore acknowledge and agree that Rush Recommerce is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that Rush Recommerce is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.
WARRANTIES AND DISCLAIMERS
THE SITE, MOBILE APPLICATION, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED BY Rush Recommerce “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE, SECURITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, OR MERCHANTABILITY FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Rush Recommerce MAKES NO WARRANTY THAT (i) THE SITE, MOBILE APPLICATION, PRODUCTS, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, MOBILE APPLICATION, PRODUCTS, SERVICES OR MATERIALS WILL BE ACCURATE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, MOBILE APPLICATION, PRODUCTS, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE, MOBILE APPLICATION, OR ANY PRODUCTS, MATERIALS OR SERVICES PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, MOBILE APPLICATION, PRODUCTS, SERVICES OR MATERIALS WILL BE CORRECTED.
THIS SITE, MOBILE APPLICATION, PRODUCTS, MATERIALS AND SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. Rush Recommerce MAY MAKE CHANGES TO THE SITE, MOBILE APPLICATION, PRODUCTS, MATERIALS AND SERVICES, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, MOBILE APPLICATION, PRODUCTS, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND Rush Recommerce MAKES NO COMMITMENT TO UPDATE THE SITE, MOBILE APPLICATION, MATERIALS, PRODUCTS AND SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT: (i) Rush Recommerce DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY PRODUCTS, MATERIALS OR SERVICES OFFERED BY THIRD PARTIES; (ii) Rush Recommerce MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY SUCH THIRD PARTIES, THEIR PRODUCTS, MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) Rush Recommerce SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY PRODUCT, MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
PERSONAL INFORMATION AND PRIVACY
LIMITATION OF LIABILITY
IN NO EVENT SHALL Rush Recommerce, DIVISIONS, SUBSIDIARIES ANDAFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, MANAGERS, OWNERS AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, WHETHER OR NOT FORESEEABLE OR IF Rush Recommerce HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (i) THE ACCESS, CONSUMPTION OR USE OF OR THE INABILITY TO ACCESS OR USE ANY PART OF THE SITE, MOBILE APPLICATION, PRODUCTS, SERVICES, OR MATERIALS; (ii) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (iii) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (iv) ANY PRODUCTS OR SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (v) ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE; (vi) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE; OR (vii) YOUR RELIANCE UPON ANY MATERIAL, PRODUCT, SERVICE OR ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SITE OR THE MOBILE APPLICATION.
ADVERTISEMENTS AND PROMOTIONS
Rush Recommerce may run advertisements and promotions from third parties via the Site and Mobile Application related to certain Products, Services or Materials, in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Mobile Application, Services or Materials, including payment and delivery of Products and related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Rush Recommerce is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Rush Recommerce advertisers on the Site, the Mobile Application or in connection with the Products, Services or Materials.
INDEMNITY AND LIABILITY
GOVERNING LAW AND JURISDICTION
This Site (excluding Linked Sites) is controlled by Rush Recommerce from its offices within the State of Nebraska, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Nebraska, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of an appropriate state or federal court in Douglas County, Nebraska, with respect to such matters.