Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEBSITE. All users of this site
agree that access to and use of this site are subject to the
following terms and conditions and other applicable law. If
you do not agree to these terms and conditions, please do
not use this site.
Copyright
The entire content included in this site, including but not
limited to text, graphics or code is copyrighted as a
collective work under the United States and other copyright
laws, and is the property of RushShops.com. The collective
work includes works that are licensed to RushShops.com.
Copyright 2003, RushShops.com ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard
copy portions of this site for the sole purpose of placing
an order with RushShops.com or purchasing RushShops.com
products. You may display and, subject to any expressly
stated restrictions or limitations relating to specific
material, download or print portions of the material from
the different areas of the site solely for your own
non-commercial use, or to place an order with RushShops.com
or to purchase RushShops.com products. Any other use,
including but not limited to the reproduction, distribution,
display or transmission of the content of this site is
strictly prohibited, unless authorized by RushShops.com. You
further agree not to change or delete any proprietary
notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of
RushShops.com used in the site are trademarks or registered
trademarks of RushShops.com
Warranty Disclaimer
This site and the materials and products on this site are
provided "as is" and without warranties of any kind, whether
express or implied. To the fullest extent permissible
pursuant to applicable law, RushShops.com disclaims all
warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. RushShops.com does
not represent or warrant that the functions contained in the
site will be uninterrupted or error-free, that the defects
will be corrected, or that this site or the server that
makes the site available are free of viruses or other
harmful components. RushShops.com does not make any
warrantees or representations regarding the use of the
materials in this site in terms of their correctness,
accuracy, adequacy, usefulness, timeliness, reliability or
otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not
apply to you.
Limitation of Liability
RushShops.com shall not be liable for any special or
consequential damages that result from the use of, or the
inability to use, the materials on this site or the
performance of the products, even if RushShops.com has been
advised of the possibility of such damages. Applicable law
may not allow the limitation of exclusion of liability or
incidental or consequential damages, so the above limitation
or exclusion may not apply to you.
Typographical Errors
In the event that a RushShops.com product is mistakenly
listed at an incorrect price, RushShops.com reserves the
right to refuse or cancel any orders placed for product
listed at the incorrect price. RushShops.com reserves the
right to refuse or cancel any such orders whether or not the
order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase
and your order is cancelled, RushShops.com shall issue a
credit to your credit card account in the amount of the
incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your
accessing the site and/or completing the registration or
shopping process. These terms and conditions, or any part of
them, may be terminated by RushShops.com without notice at
any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any
termination.
Notice
RushShops.com may deliver notice to you by means of e-mail,
a general notice on the site, or by other reliable method to
the address you have provided to RushShops.com.
Miscellaneous
Your use of this site shall be governed in all respects by
the laws of the state of California, U.S.A., without regard
to choice of law provisions, and not by the 1980 U.N.
Convention on contracts for the international sale of goods.
You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating
to this site (including but not limited to the purchase of
RushShops.com products) shall be in the state or federal
courts located in Los Angeles County, California. Any cause
of action or claim you may have with respect to the site
(including but not limited to the purchase of RushShops.com
products) must be commenced within one (1) year after the
claim or cause of action arises. RushShops.com's failure to
insist upon or enforce strict performance of any provision
of these terms and conditions shall not be construed as a
waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to
modify any of these terms and conditions. RushShops.com may
assign its rights and duties under this Agreement to any
party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via
e-mail, chat, or by use of obscene or abusive language, is
strictly forbidden. Impersonation of others, including a
RushShops.com or other licensed employee, host, or
representative, as well as other members or visitors on the
site is prohibited. You may not upload to, distribute, or
otherwise publish through the site any content which is
libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise
objectionable which may constitute or encourage a criminal
offense, violate the rights of any party or which may
otherwise give rise to liability or violate any law. You may
not upload commercial content on the site or use the site to
solicit others to join or become members of any other
commercial online service or other organization.
Participation Disclaimer
RushShops.com does not and cannot review all communications
and materials posted to or created by users accessing the
site, and is not in any manner responsible for the content
of these communications and materials. You acknowledge that
by providing you with the ability to view and distribute
user-generated content on the site, RushShops.com is merely
acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any
contents or activities on the site. However, RushShops.com
reserves the right to block or remove communications or
materials that it determines to be (a) abusive, defamatory,
or obscene, (b) fraudulent, deceptive, or misleading, (c) in
violation of a copyright, trademark or; other intellectual
property right of another or (d) offensive or otherwise
unacceptable to RushShops.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless
RushShops.com, its officers, directors, employees, agents,
licensors and suppliers (collectively the "Service
Providers") from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting
from any violation of these terms and conditions or any
activity related to your account (including negligent or
wrongful conduct) by you or any other person accessing the
site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors,
RushShops.com may link to sites operated by third parties.
However, even if the third party is affiliated with
RushShops.com, RushShops.com has no control over these
linked sites, all of which have separate privacy and data
collection practices, independent of RushShops.com. These
linked sites are only for your convenience and therefore you
access them at your own risk. Nonetheless, RushShops.com
seeks to protect the integrity of its web site and the links
placed upon it and therefore requests any feedback on not
only its own site, but for sites it links to as well
(including if a specific link does not work).
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