This website is owned and operated by UniRush, LLC dba UniRush Financial Services
and its subsidiaries and affiliates (collectively “UniRush,” “we,”
or “us”). Questions concerning this website or its operation should
be directed to the contact points set forth at the end of these terms of use. Use
of the website is offered to you conditioned on your acceptance without modification
of all terms, conditions, and notices contained or referenced herein (the “Terms
of Use”). Your use of the website and services constitutes your agreement
to all Terms of Use; if you do not agree to these terms, do not use the website.
You agree to familiarize yourself with the Terms of Use and to abide by them if
and when you use the website. UniRush is free to revise these Terms of Use at any
time by updating this posting, and your use after such change signifies your acceptance
of the changed terms. Please check these terms of use periodically for changes.
THIRD PARTY WEBSITES
This website may provide you with links to other websites on the Internet (“Linked
Sites”). The Linked Sites are not under UniRush’s control, and UniRush
is not responsible for the contents of any Linked Sites, including without limitation
the accuracy, copyright compliance, legality or decency of the Linked Sites or any
links contained therein. These links are provided for your convenience, and do not
imply endorsement of the Linked Sites by UniRush or any association with the operators
of the Linked Sites.
PROPRIETARY RIGHTS
You acknowledge and agree that the materials contained in this website are protected
by copyright, trademark and other proprietary rights and laws. You may temporarily
download or save to your disk or hard drive one copy of materials found on this
website for your personal use only, provided such copies you make of this material
must include any copyright, trademark or other proprietary notice located on the
website which pertains to the copied material. Except for the use expressly authorized,
you agree not to sell, transfer, license, modify, copy, reproduce, distribute, transmit,
display, perform, publish, or create derivative works from such materials. You agree
not to systematically retrieve data or other content from this website for the purpose
of creating a collection, compilation, database, or directory without UniRush’s
written permission. All rights not expressly granted herein are reserved. Downloading
of any information, content or images from this website does not transfer any right
or ownership of such information, content or images to you, and such information,
content or images may be used solely in accordance with the these Terms of Use.
You may not mirror or archive any part of this website or any material contained
on this website on any server or computer without UniRush’s written permission.
PRODUCTS, SERVICES AND SOFTWARE
Downloading software from this website does not give you title to such software,
including any files, data and images incorporated in or associated with the software.
Your use of any such software shall be only in accordance with the license agreement
that is included with the software or presented upon download of such software.
Software available on this website is copyrighted by UniRush or its owner. Software
may not be copied, redistributed or placed on any server for further distribution.
You may not sell, modify, decompile, disassemble, or otherwise reverse engineer
the software.
A description to a product, service or publication on this website (including any
description or reference via hyperlink) does not imply endorsement by UniRush of
that product, service or publication. Products and software offered through this
website shall be warranted, if at all, through the written license or warranty provided
in connection with such product or software.
NO UNLAWFUL OR PROHIBITED USE
You agree not to use the website for any purpose that is unlawful or prohibited
by the Terms of Use. You may not use the website in any manner that could damage,
disable, overburden, or impair this website or interfere with any other party’s
use of this website or services. You may not seek by any means to obtain any materials
or information through the website not intentionally made available to you through
the website.
SUBMISSIONS
You hereby grant to UniRush the royalty-free, perpetual, irrevocable, worldwide,
non-exclusive right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, and display all content, remarks,
suggestions, ideas, graphics, or other information communicated to UniRush through
this website (together, the "Submission"), and to incorporate any Submission in
other works in any form, media, or technology now known or later developed. UniRush
will not be required to treat any Submission as confidential, and may use any Submission
in its business (including without limitation, for products or advertising) without
incurring any liability for royalties or any other consideration of any kind, and
will not incur any liability as a result of any similarities that may appear in
future UniRush operations.
SECURITY
Any user names and/or passwords used for this website are for individual use only.
You will be responsible for the security of your user name and/or password (if any).
UniRush will be entitled to monitor your password and, at its discretion, require
you to change it. If you use a password that UniRush considers insecure, UniRush
will be entitled to require the password to be changed and/or terminate your account.
You agree to provide true, accurate, current and complete information on this website
for use in any program or service in which you participate through this website.
If you provide to UniRush any information that is false, inaccurate, out of date,
or incomplete, or UniRush has reasonable grounds to suspect that such information
is false, inaccurate, out of date, or incomplete, UniRush may suspend or terminate
your access to this website and the services thereof, and may refuse any and all
current or future use of the services.
You are prohibited from using any services or facilities provided in connection
with this website to compromise security or tamper with system resources and/or
accounts. The use or distribution of tools designed for compromising security (e.g.,
password guessing programs, cracking tools or network probing tools) is strictly
prohibited. If you become involved in any violation of system security, UniRush
reserves the right to release your details to system administrators at other websites
in order to assist them in resolving security incidents. UniRush reserves the right
to investigate suspected violations of these Terms of Use.
USER’S LIMITED ACCESS
The website may contain communication services such as bulletin boards, chat rooms,
news groups, communities, personal web pages, group calendars, electronic mail postings,
and other public forums. You agree to post messages only if they are relevant to
the intended subject matter of the forum.
You agree that you will not:
- Post messages that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic,
profane, indecent, defamatory, libelous, abusive, or a violation of the legal rights
(including, without limitation, privacy and publicity rights) of others.
- Violate the copyright, trademark, or other intellectual property rights of any other
person or entity.
- Upload any files containing viruses, corrupted files, or any other component that
may be harmful to the operation of another’s computer.
- Improperly assume or claim the identity, characteristics, or qualifications of another
person.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Use the website for commercial purposes, or post messages that contain advertising
or are intended to solicit others to buy or sell services or to make donations.
- Harvest or otherwise collect information about others, including, without limitation
e-mail addresses, without their consent.
- Attempt to gain access to any portion of this website, any computer, server, account,
network, software, or hardware associated with this website, from which you are
restricted.
- Violate any applicable laws or regulations.
- Disrupt the normal flow of dialogue, cause a screen to scroll faster than other
users are able to type, or otherwise act in a way which affects the ability of other
people to engage in real time activities via this website.
- Post hyperlinks to other websites that contain content that falls within the descriptions
set forth above.
UniRush is not obligated to monitor the communications contained on the website.
However, UniRush may, at its sole discretion edit, decline to post, or remove any
information or materials or any portion thereof.
NO REPRESENTATIONS OR WARRANTIES
UniRush makes no representations or warranties that this website if free of defects,
viruses or other harmful components. UniRush shall not be responsible for any damages
or loss that may result from the hacking or infiltration of this website or UniRush’s
computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP
OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD
UNIRUSH HARMLESS FROM, AND YOU COVENANT NOT TO SUE UNIRUSH FOR, ANY CLAIMS BASED
ON THE USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST
PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. The pages
on this website may contain technical inaccuracies, outdated information and typographical
errors. ACCESS TO THIS WEBSITE IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER,
ALL MATERIALS, INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
UNIRUSH DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NONINFRINGEMENT. UNIRUSH MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION,
PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS
MAY NOT APPLY TO YOU.
DISCLAIMER OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL UNIRUSH OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS,
SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY
TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION
OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF UNIRUSH HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES; UNIRUSH’S LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
If you are dissatisfied with any portion of the website or the associated services,
your sole remedy is to cease using them.
INDEMNITY
You agree to defend, indemnify, and hold harmless UniRush and its employees, agents,
directors, officers and shareholders, from and against all liabilities, claims,
damages, and expenses (including without limitation reasonable attorneys’
fees and costs) arising out of your use of this website, your breach of this agreement,
or your infringement of the intellectual property rights of third parties.
TERMINATION
UniRush reserves the right to terminate your access to the website or to any or
all of its services at any time without notice for any reason whatsoever.
TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, and logos appearing in this website are the property
of UniRush or the party that provided the trademarks, service marks, and logos to
UniRush. UniRush and any party that provided trademarks, service marks, and logos
to UniRush retain all rights with respect to any of their respective trademarks,
service marks, and logos appearing in this website.
All content on this website whether provided by UniRush or through links to Linked
Sites is the copyrighted work of UniRush and/or the owner(s) of the Linked Sites.
Except as stated herein, none of the contents of the website may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in any form
or by any means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior express written permission of UniRush
or the owner(s) of the Linked Sites.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to our Designated Agent.
PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
In accordance with the Digital Millennium Copyright Act (DMCA) UniRush has designated
an agent to receive notice of unauthorized online use of copyrighted materials.
If you believe that your copyrighted work is being infringed, please notify our
copyright agent specified below.
E-mail may be sent to: general.counsel@rushcard.com
Mail may be sent to:
Name:Unirush, LLC
Attn:General Counsel
Address:4701 Creek Road, Cincinnati, Ohio 45242
Please notify us in writing and include all of the following:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online website are covered by a single notification,
a representative list of such works at that website.
- Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit UniRush to locate the material.
- Information reasonably sufficient to permit UniRush to contact the complaining party,
such as an address, telephone number, and, if available, an electronic mail address
at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent,
or the law.
- A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
- A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
Nothing on this website shall be construed as conferring any license under any intellectual
property right, including any right in the nature of trademark or copyright, of
UniRush or any third party, whether by estoppel, implication, or otherwise. All
trademarks and trade names are the property of their respective owners. Except as
otherwise notes, UniRush is the owner of all trademarks and service marks on this
website, whether registered or not.
PRIVACY
Please see our Privacy Policy
for information regarding the collection and use of personal information from this
website. Despite any representations concerning privacy, UniRush reserves the right
to disclose without notice to you any information in its possession if required
to do so by law or upon a good-faith belief that such action is necessary to comply
with the law, to protect or defend our rights or property, or to respond to an emergency
situation. Specific areas or pages of this website may include additional or different
terms relating to the use of personal information collected from such areas or pages.
SECURITIES AND INVESTMENT
This website and the information contained or referred to herein does not constitute
an offer or a solicitation of an offer for the purchase or sale of any securities.
This website may contain information and press releases about and by UniRush. While
information prepared by us was believed to be accurate as of the date so prepared,
we disclaim any duty or obligation to update such information or to verify the accuracy
of information prepared by others. Any statements in this website that are not historical
facts, including but not limited to plans, projections, objectives, goals, strategies,
future events or performance and underlying assumptions, are forward-looking statements
as provided in the rules and regulations of the Securities Act of 1933, Securities
Exchange Act of 1934, and the Private Securities Litigation Reform Act of 1995.
Such statements are intended to fit within the ‘safe harbor’ for forward-looking
information and are subject to material risk factors which may or may not be disclosed
herein. Statements or phrases that use such words as “believes,” “anticipates,”
“plans,” “may,” “hopes,” “can,”
“will,” “expects,” “estimates,” “predicts,”
“is designed to,” “with the intent,” “potential,”
and similar expressions commonly indicate forward-looking statements, but in their
absence do not mean that a statement is not forward-looking. Any forward-looking
statements contained herein involve risks and uncertainties, including but not limited
to general economic and currency conditions, various conditions specific to UniRush’s
business and industry, market demand, competitive factors, supply constraints, technology
factors, government and regulatory actions, UniRush’s accounting policies,
future trends, and other risks which are detailed in UniRush’s Securities
and Exchange Commission filings.
RUSHCARD.COM SECURED ACCESS AREAS
www.rushcard.com contains secured components that are accessible only to those who
have registered and have been granted a user name and password by UniRush. Information
contained within the secure components of www.rushcard.com is confidential and proprietary.
GENERAL
This Agreement shall be given effect to the fullest extent permissible by law. In
case any one or more of the provisions contained in this agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provisions hereof, and
this agreement shall be construed to give maximum legal effect to the intent expressed
herein. This agreement is governed by, and construed in accordance with the laws
of the State of Ohio, without giving effect to any principles of conflicts of law.
You hereby consent to the exclusive jurisdiction and venue of the courts of the
State of Ohio or, if appropriate, the United States District Court for the Southern
District of Ohio for the resolution of all disputes arising out of or relating to
the use of this website and the associated services. UniRush may assign this agreement,
in whole or in part, at any time. This agreement coupled with the UniRush Privacy
Policy constitutes the entire agreement between UniRush and the user with respect
to this website, and these agreements supersede all prior or contemporaneous communications,
proposals, and agreements, whether electronic, oral, or written, between UniRush
and the user with respect to the website. As such, these terms of use represent
the entire understanding relating to the use of this website and prevail over any
prior or contemporaneous, conflicting or additional communications.
UniRush’s performance of this Agreement is subject to existing laws and legal
process. Nothing contained in this Agreement is in derogation of UniRush’s
right to comply with governmental, court and law enforcement requests relating to
your use of the website, or information collected by UniRush in connection with
such use.
Any unauthorized access, modification or change of any information, or any interference
with the availability of or access to this website is strictly prohibited. UniRush
reserves all legal rights and remedies available to it and this disclaimer shall
in no way be deemed a limitation or waiver of any other rights UniRush may have.
Specific areas or pages of this website may include additional or different terms
relating to the use of this website. In the event of a conflict between such terms
and these terms of use such specific terms shall control.
All rights not expressly granted herein are reserved exclusively and entirely to
UniRush.
CONTACT INFORMATION:
Questions about these Terms of Use should be directed to:
Contact Name:Unirush, LLC
Attn:Terms of Use Inquiry
Address:4701 Creek Road, Cincinnati, Ohio 45242
Questions about our products should not be directed to this address and will not
be replied to.
Please use this contact information only for legal and privacy policy matters. For
all other inquiries, refer to the Contact Us section of our home page.
This document was last revised on 06/23/2008.
Unless otherwise indicated, all material on this website © 2008 UniRush Financial
Services.
All rights reserved.