Terms of Service

Last updated on: December 01, 2022.

Welcome to Rushable, Inc. (“Rushable”, “Company”, “we”, “our”, “us”)! As you have just clicked our Terms of Service, please pause, grab a cup of coffee, and carefully read the following content. It will take you approximately 20 minutes.

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our service via web access at https://rushable.io and its associated sub-domain websites, and our mobile application Rushable (together or individually “Service”) operated by Rushable, Inc.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our Service.

Additional terms and conditions may also apply to specific portions, services, or features of our Service. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) the Agreements, then you must not access or use the Service, but please let us know by emailing at support@rushable.io so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the Service.

The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into the Agreements and abide by all of the terms and conditions thereof. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Service.

Thank you for being responsible!

Account and Account Security 

When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms. You are responsible for both:

•    Making all arrangements necessary for you to have access to the Service.

•    Ensuring that all persons who access the Service through your internet connection are aware of these Terms of Service and comply with them.

Purchases and Subscriptions

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.  

You agree to pay fees in accordance with the rates listed https://rushable.io/pricing, unless otherwise set forth in an order form or order confirmation between the parties. you shall be responsible for and shall pay all Taxes imposed on or with respect to the Service. "Taxes" mean all applicable federal, state and local taxes, fees, charges, or other similar exactions, including, without limitation, sales and use taxes. For purposes of this paragraph, Taxes do not include any Taxes that are imposed on or measured by our net income, property tax, or payroll taxes.

We may use third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. 

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set on a monthly basis.

AT THE END OF EACH BILLING CYCLE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL IT OR RUSHABLE CANCELS IT. You may cancel your Subscription renewal with ten (10) days prior written notice either through your account management page or by contacting Rushable’s customer support team.

A valid payment method, including a credit card, is required to process the payment for your subscription. You shall provide Rushable with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Rushable to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Rushable will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Rushable, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Rushable  will provide you with a reasonable prior notice of any change in the Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Except when required by law, paid Subscription fees are non-refundable.

Website Hosting Service 

If you subscribe to our website hosting service, you are able to use our Service to create a website for your restaurant (“Restaurant Website”). By subscribing to this service, you agree to use the Terms of Use and Privacy Policy built in the template for the Restaurant Website. You understand that the Terms of Use and Privacy Policy are agreements between you and your customers who visit the Restaurant Website, and that Rushable is not a party to these agreements and shall not be liable to your customers in any form or manner. 

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”) on the Restaurant Website. You are responsible for Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting the Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to suspend or terminate the account of anyone found to be infringing on the intellectual property rights of others.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for the Content you or any third party posts on or through the Service. However, by posting the Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Rushable neither endorses nor assumes any liability for any Content uploaded or submitted by users through the Service. Rushable has the right but not the obligation to monitor and edit all Content provided by users. Rushable does not warrant the offerings of any users and does not assume any responsibility or liability for the actions, products, and services of its users. 

Prohibited Uses 

You may use the Service only for lawful purposes and in accordance with the Terms. You agree not to use the Service:

  1. In any way that violates any applicable national or international law or regulation.
  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
  4. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend the Company or users of Service or expose them to liability.

Additionally, you agree not to:

  1. Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real-time activities through the Service.
  2. Use any robot, spider, or other automatic devices, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
  3. Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
  4. Use any device, software, or routine that interferes with the proper working of the Service.
  5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
  7. Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
  8. Take any action that may damage or falsify the Company rating.
  9. Otherwise attempt to interfere with the proper working of the Service.

Online Ordering Service

If you use our online ordering service, you authorize us to process your customer orders (“Orders”). We use Stripe, Inc. (“Stripe”) to collect credit card payments from your customers in connection with the Orders for You. You agree to be bound by the Stripe Connected Account Agreement, the Stripe Services Agreement, and any updates or modifications to either of those documents made from time to time by Stripe. You shall comply with ours and Stripe’s instructions to timely, accurately and truthfully set up the payment account on our online ordering platform (“Platform”), which is necessary for us to perform our obligations under these Terms. Subject to the disclaimers expressly provided in these Terms, our sole liability is to use commercially reasonable efforts to assist you in the event there is any issue or dispute regarding collecting credit card payments from your customers with Stripe.

YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT RUSHABLE IS NOT AND SHALL NOT BE LIABLE FOR ANY SUMS THAT STRIPE FAILS TO REMIT TO YOU IN CONNECTION WITH THE ORDERS, AND YOUR SOLE RECOURSE SHALL BE DIRECTLY AGAINST STRIPE. YOU HEREBY FULLY, FINALLY, AND FOREVER RELEASE RUSHABLE FROM ANY AND ALL CLAIMS ARISING OUT OF STRIPE’S FAILURE TO REMIT PAYMENT IN CONNECTION WITH THE ORDERS.

In connection with the Orders, You shall: (i) ensure that the tax rates set forth in your Rushable account are correct; (ii) update and change such tax rates in the account if the tax rates change; and (iii) pay all applicable sales, use, and other such taxes related to the Orders and the processing of such Orders for your customers (excluding any taxes imposed or based on Rushable’s income).

The proceeds from your customers are displayed in your account on our Platform and are scheduled to be paid to you periodically via settlement into the bank account connected to your account. You agree that a fulfillment charge (“Fulfillment Charge”) at the rate set forth on our website will be deducted from the proceeds for each transaction processed through our Platform. Rushable, in its sole discretion, may modify the rate of the Fulfillment Charge at any time. Rushable will provide you with a reasonable prior notice of any change to the Fulfillment Charge to give you an opportunity to terminate the Service before such change becomes effective. Your continued use of the Service after the change comes into effect constitutes your agreement to pay the modified Fulfillment Charge.

Our Platform allows you to make a refund to your customer within thirty (30) days after the customer’s payment is posted to your account. In the event that a refund is issued to your customer through our Platform, Rushable will deduct the refund amount from your account on our Platform. In the event your account balance is below the refund amount, Rushable will draft the difference through Stripe from your bank connected to your account and then will deduct the refund amount from your account. If Rushable fails to draft the fund from your bank account for any reason, we will issue an electronic invoice to you, which shall be paid according to the terms of the invoice. Please note that the Fulfillment Charge for the refund amount is non-refundable. 

In the event that your customer disputes a payment, the disputed amount and a dispute fee (the amount of which may vary depending on the policy of the customer’s bank) will be deducted from your account through the process set forth in the preceding paragraph.  You have the ability to respond to the dispute and submit accurate and relevant documents and other evidence (collectively, the “Evidence”) through our Platform to support your appeal, which the Evidence will in turn be submitted through Stripe to the customer’s bank for review. If you appeal successfully with the customer’s bank, the disputed amount and the dispute fee will be issued back to your account on our Platform. If your customer’s bank denies your appeal, the disputed amount will be refunded to the customer and our Platform will not support further appeal. Please note that the Fulfillment Charge for the disputed amount is non-refundable, regardless of the appeal result. Rushable’s sole responsibility in the process is to use commercially reasonable efforts to assist you and Rushable cannot promise or guarantee specific results of your appeal. 

Advertisements and Promotions

By creating an account with us, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.

Reservation of Rights

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Rushable, and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Nothing in these Terms grants you any right, title, or interest in or to any intellectual property rights in or relating to, the Service, our content, or third-party materials, whether expressly, by implication, estoppel, or otherwise. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from our Service in any form or by any means whatsoever or use our trademarks, trade dress, or any other intellectual property in connection with any product or service without prior written permission from us.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on or through our  Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied or used in a way that constitutes copyright infringement, please submit your claim to our copyright agent designated below by written notification with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below. 

Pursuant to the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C 512(c)(3)), the written notice (“DMCA Notice”) must include substantially the following:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. identification of the material you believe to be infringing in a sufficiently precise manner to allow us to allocate the material; 
  4. adequate information by which we can contact you including your name, address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate; and 
  7. a statement, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our designated copyright agent to receive DMCA Notices is:

    Copyright Compliance Department         

Rushable Inc. 

10333 Harwin Drive, Suite 570

Houston, TX 77036 

+1 855 979 8860

legal@rushable.io


If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad faith claims on the infringement of any Content found on and/or through our Service on your copyright under Section 512(f) of the DMCA.

If you believe that Content you posted on or through our Service was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  1. your physical or electronic signature;
  2. an identification of the material that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or access disabled;
  3. adequate information by which we can contact you, including your name, postal address, telephone number, and, if available, email address;
  4. a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  5. a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which we may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.

The DMCA allows us to restore the removed Content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on or through our Service was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Your Data Protection Rights under the California Privacy Protection Act (CalOPPA)

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivable the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared and to comply with this policy. – See more at: https://consumercal.org/about-cfc/cfc-education-foundation/california-online-privacy-protection-act-caloppa-3/ 

According to CalOPPA we agree to the following:

  1. users can visit our site anonymously; 
  2. our Privacy Policy link includes the word “Privacy”, and can easily be found on the page specified above on the home page of our website;
  3. users will be notified of any privacy policy changes on our Privacy Policy Page;
  4. users are able to change their personal information by emailing us at support@rushable.io. 

How we respond to “Do Not Track” Signals:

Some internet browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference (the “DNT” signal) to the web sites you visit indicating that you do not wish to be tracked. Because there is not yet a common understanding of how to interpret DNT Signals, nor a common definition of “tracking”, we do not currently respond to DNT Signals.

Your Data Protection Rights under the California Consumer Privacy Act (CCPA)

If you are a California resident, you are entitled to learn what data we collect about you, ask to delete your data and not to sell (share) it. To exercise your data protection rights, you can make certain requests and ask us:

What personal information we have about you. If you make this request, we will return to you:

  1. The categories of personal information we have collected about you. 
  2. The categories of sources from which we collect your personal information.
  3. The business or commercial purpose for collecting or selling your personal information.
  4. The categories of third parties with whom we share personal information.
  5. The specific pieces of personal information we have collected about you.
  6. A list of categories of personal information that we have sold, along with the category of any other company we sold it to. If we have not sold your personal information, we will inform you of that fact.
  7. A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with.

Please note, you are entitled to ask us to provide you with this information up to two times in a rolling twelve-month period. When you make this request, the information provided may be limited to the personal information we collected about you in the previous 12 months.

To delete your personal information. If you make this request, we will delete the personal information we hold about you as of the date of your request from our records and direct any service providers to do the same. In some cases, deletion may be accomplished through de-identification of the information. If you choose to delete your personal information, you may not be able to use certain functions that require your personal information to operate.

To stop selling your personal information. We do not sell your personal information for monetary consideration. However, under some circumstances, a transfer of personal information to a third party, or within our family of companies, without monetary consideration may be considered a “sale” under California law. If you submit a request to stop selling your personal information, we will stop making such transfers. If you are a California resident, to opt-out of the sale of your personal information, click “Do Not Sell My Personal Information” at the bottom of our home page to submit your request. Please note, if you ask us to delete or stop selling your data, it may impact your experience with us, and you may not be able to participate in certain programs or membership services that require the usage of your personal information to function. But in no circumstances, we will discriminate against you for exercising your rights. To exercise your California data protection rights described above, please send your request(s) by email to support@rushable.io

Your data protection rights, described above, are covered by the CCPA, short for the California Consumer Privacy Act. To find out more, visit the official California Legislative Information website. The CCPA took effect on 01/01/2020.

User Feedback  

You may provide us directly at support@rushable.io with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Rushable may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Rushable is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Rushable and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) the Feedback in any manner and for any purpose.

Third-Party Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Rushable.

Rushable has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT RUSHABLE 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 USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.

Temporary Interruptions

You understand and agree that temporary interruptions of our Service may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with our Service.

Disclaimer of Warranties

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, THE CONTENT, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS  AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 

Limitation on Liability

EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Confidential Information.

All non-public, confidential or proprietary information of Rushable, including but not limited to, specifications, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, or discounts disclosed by Rushable to you, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated, or otherwise identified as “confidential” in connection with the Service is confidential, solely for the use of performing these Terms and may not be disclosed or copied unless authorized in advance by Rushable in writing. Upon Rushable’s request, you shall promptly return all documents and other materials received from Rushable. Rushable shall be entitled to injunctive relief for any violation of this paragraph. This paragraph does not apply to information that is: (a) in the public domain; (b) known to you at the time of disclosure; or (c) rightfully obtained by you on a non-confidential basis from a third party provided that such third party is not and was not prohibited from disclosing such confidential information to you by a legal, fiduciary, or contractual obligation to Rushable.

Force Majeure

Rushable will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Assignment

You shall not assign any of its rights or delegate any of its obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this paragraph is null and void. No assignment or delegation relieves you of any of its obligations under these Terms.

No Third-Party Beneficiary

These terms for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

Relationship of the Parties

The relationship between the parties is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. 

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Houston and County of Harris. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Modification of Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

Changes to the Terms

We may amend the Terms at any time by posting the amended terms on this site. All changes are effective immediately when we post them.

Your continued use of our Services following the posting of the revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. If you do not agree to the new terms, you are no longer authorized to use the Service.

No Waiver

No waiver by Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

Survival

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Entire Agreement

These Terms and other agreements incorporated herein (including but not limited to the Privacy Policy)  constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.


BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Please send your feedback, comments, requests for technical support:

By email: support@rushable.io.

By phone: 1(855)979-8860