Legal Info

Prepaid Visa^® RushCard Cardholder Agreement

IMPORTANT – PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY BINDING ARBITRATION.

This Cardholder Agreement ("Agreement"), effective on November 17th, 2014, outlines the terms and conditions under which the Prepaid Visa RushCard has been issued to you by MetaBank^® ("MetaBank" or "Issuer"). By accepting, signing or using the Card, you agree to be bound by the terms and conditions contained in this Agreement. "Card" or "RushCard" means the Prepaid Visa RushCard. "Card Account" means the records maintained to account for the funds associated with the Card. "Load" means adding funds to your Card, including without limitation direct deposits. "Unload" means to remove funds from your Card by any means, including without limitation making purchases or withdrawals. "You" and "your" mean the person who applied for the Card and is authorized to use the Card as set forth in this Agreement. "We," "us," and "our" mean the Issuer, our successors, affiliates or assignees. "Designated Loading Point" is any participating establishment that will accept cash value loads to be credited to your Card as specified at www.rushcard.com. "Program Provider" or "UniRush" means UniRush, LLC. UniRush offers the Card program to consumers and is an Independent Sales Organization ("ISO") pursuant to an agreement with the Issuer. The Card will remain the property of the Issuer and must be surrendered upon demand. You may not transfer the card to any other person. The Card may be canceled, repossessed, or revoked at any time without prior notice, subject to applicable law.

1. Using a RushCard

   You acknowledge and agree that the funds available on the Card are limited to the funds that you have loaded or have been loaded on your behalf minus any pending loads or pending authorizations and funds unloaded from the Card which includes any and all applicable fees. You should safeguard your RushCard with the similar care you would give to cash. Keep the Card in your possession and do not give the Card to anyone else to use. You agree to sign the back of the Card promptly upon receipt. The Card is a prepaid card which allows you to access the available funds on your Card. The Card is not a checking or savings account and is not connected in any way to any other accounts. The Card is not a credit card. The Card is not a gift card and should not be used for gifting purposes. The Card is not for resale. You will not receive any interest on your funds loaded on the Card. The Card is not designed for business use and we may close your Card if we determine that it is being used for business purposes. We may refuse to process any transaction that we believe may violate the terms of this Agreement or represents illegal or fraudulent activity. All funds are insured by the Federal Deposit Insurance Corporation ("FDIC") subject to applicable limitations and restrictions of such insurance. Our business days are Monday through Friday, excluding federal holidays, even if we are open. Any reference to "days" found in this Agreement are calendar days unless indicated otherwise.

   Write down your Card number and the customer service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep the paper in a safe place. Please read this Agreement carefully and keep it for future reference.

2. Opening a RushCard

   Important information for opening a Card: To help the government fight the funding of terrorism and money laundering activities, the USA PATRIOT ACT requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who opens a Card. What this means for you: When you open a Card, we will ask for your name, street address, date of birth, and other information that will allow us to identify you. We may ask to see a copy of your driver’s license or other identifying documents. Even after you receive your Card and after you have used the Card, we may limit your ability to use the Card or certain Card features including without limitation loads until we are able to successfully verify your identity. You agree, represent and warrant that (1) you are 18 years of age or you are at least 13 years of age and have your parent’s or guardian’s consent to open a Card; (2) your personal information is true, correct, and complete; (3) you are a U.S. citizen or legal alien residing in the United States (excluding Vermont) or the District of Columbia; (4) you have provided us with a verifiable U.S. street address (not a P.O. Box); and (5) you have read this Agreement and agree to be bound by and comply with the terms of this Agreement.

3. RushCard Activation

   Your RushCard will be initially activated when you successfully set a PIN (defined below) and load funds onto it in accordance with the rules applicable to the Card program in an amount greater than or equal to the Card One-Time Card Fee. See the Fee Schedule for details. If you load funds onto your Card without setting up a PIN, you will not be able to access to the funds until you set up your PIN. After the initial activation, if your Card has to be reissued for any reason, including expiration, you may activate the Card by following the instructions that accompany the Card. The expiration date of the Card is identified on the front of your Card.

4. Fee Schedule

   All fees will be unloaded from the funds on your Card. Fees will be assessed as long as there is a remaining balance on your Card, except where prohibited by law. Any time your remaining Card balance is less than the fee amount being assessed, the balance of your Card will be applied to the fee amount. With the exception of an ATM Balance Inquiry Fee, International ATM Balance Inquiry Fee, or Expedited Card Fee, this will result in a zero balance on your Card. With respect to an ATM Balance Inquiry Fee, International ATM Balance Inquiry Fee, or Expedited Card Fee, this will result in a negative balance on your Card. If that occurs, funds subsequently deposited into your Card will be applied to the negative balance. If your Card has a negative balance, to the extent permitted by law, we may, at our option and without waiving any of our rights, offset any direct loss up to the amount suffered by us as a result of such use from any balance on your Card or any other RushCard(s) you may have, or you may open in the future. We reserve the right to immediately close your Card and any other Prepaid Visa RushCard(s) with us you may have without notice to you.

   Fee	Rush Unlimited Plan	Pay As You Go Plan	Description
   One-Time Card Fee	$3.95-$9.95	$3.95-$9.95	The One-Time Card Fee is based on the plastic design requested and is paid by you when you first load funds on your Card.
   Monthly Fee	$7.95 OR $5.95 if you receive a payroll/government benefit Direct Deposit in the calendar month	NO CHARGE	Monthly Fee assessed on the first day of every month. For your first month, the Monthly Fee may be prorated based on the date you first load funds on your Card.
   Transaction Fee	NO CHARGE	$1.00 each, limited to $10.00 total (Transaction Fees and International Transactions Fees as identified below) in each calendar month.1	Assessed each time you make a signature purchase transaction (you sign the receipt or device at the time of purchase or purchase online) or PIN purchase transaction (you input your PIN before making a purchase).
   Add Money Fee	NO CHARGE	NO CHARGE	Third party load partners may charge a fee for use of their services.
   Toll-Free Telephone Balance Inquiries	NO CHARGE	NO CHARGE	You may call the phone number printed on your Card at any time to receive your balance using our automated Voice Response system.
   ATM Balance Inquiry Fee – In Network2	NO CHARGE	NO CHARGE	No additional fees will be assessed by either RushCard or the ATM operator at ATMs within the MoneyPass network.
   ATM Balance Inquiry Fee – Out of Network3	$0.50	$0.50	Assessed if you request a Card balance at an Out of Network ATM located in the 50 US States or the District of Columbia. You may be charged an additional fee by the ATM operator even if you do not complete a transaction. This ATM fee is a third party fee amount assessed by the individual ATM operator and will be charged to your Card.
   ATM Withdrawal Fee – In Network2	NO CHARGE	NO CHARGE	No additional fees will be assessed by either RushCard or the ATM operator at ATMs within the MoneyPass network.2
   ATM Withdrawal Fee – Out of Network3	$2.50	$2.50	Assessed if you use your Card to obtain cash from an Out of Network ATM located in the 50 US States or the District of Columbia. You may be charged an additional fee by the ATM operator even if you do not complete a transaction. This ATM fee is a third party fee amount assessed by the individual ATM operator and will be charged to your Card.
   Rush Bill Pay Enrollment Fee	NO CHARGE	NO CHARGE	There is no additional fee to enroll in Rush Bill Pay.
   Over the Counter Withdrawal Fee	$2.50	$2.50	Assessed if you withdraw money over the counter at a financial institution.
   Card To Card Transfer Fee	Personal Card-to-Card (transfers between the same Cardholder): NO CHARGE Cardholder-to-Cardholder: $0.99	Personal Card-to-Card (transfers between the same Cardholder): NO CHARGE Cardholder-to-Cardholder: $0.99	Assessed if you initiate a transfer of your funds from one Card to another Card.
   Replacement Card Fee	First Card replacement in any 12 month period at NO CHARGE - $4.95 for each Card replacement within 12 months thereafter.	First Card replacement in any 12 month period at NO CHARGE - $4.95 for each Card replacement within 12 months thereafter.	No One-Time Card Fee will be assessed if you keep the same Card design. If you wish to change your Card design, the applicable One-Time Card Fee will be assessed as described above. This fee will vary depending on the Card design you choose.
   Expedited Card Fee	$30.00	$30.00	Assessed if you request to issue your Card in the expedited time frame of two to three days.
   Expedited Cash Fee	$30.00	$30.00	Assessed if you request to receive the balance of your Card sent to you via cash through one of our Designated Loading Partners if you have reported your Card as lost or stolen and do not have access to your Card balance.
   Paper Statement Fee	$1.00	$1.00	Assessed each time you request a paper statement be mailed.
   Maintenance Fee	NO CHARGE	$1.95	As permitted by law, Maintenance Fee will be assessed if there are no transactions or loads posted to your Card for at least ninety (90) consecutive days. Maintenance Fee is assessed each month and will be deducted from your Card balance until you next use your Card.
   INTERNATIONAL FEES
   International Transaction Fee4	NO CHARGE	$2.00 each, limited to $10.00 total (Transaction Fees and International Transactions Fees) in each calendar month.1	Assessed if you make an international signature purchase transaction (you sign the receipt or device at the time of purchase or purchase online) or PIN POS purchase transaction (you input your PIN before making a purchase). The purchase would be made outside the 50 US States or the District of Columbia.
   International ATM Balance Inquiry Fee4	$1.00	$1.00	Assessed if you request a Card balance at an ATM located outside the 50 US States or the District of Columbia. You may be charged an additional fee by the ATM operator even if you do not complete a transaction. This ATM fee is a third party fee amount assessed by the individual ATM operator and will be charged to your Card.
   International ATM Withdrawal Fee4	$2.50	$2.50	Assessed if you use the Card to obtain cash from an ATM located outside the 50 US States or the District of Columbia. You may be charged an additional fee by the ATM operator even if you do not complete a transaction. This ATM fee is a third party fee amount assessed by the individual ATM operator and will be charged to your Card.
   Currency Conversion Fee	See Description	See Description	You may be charged a fee of up to 3% of the converted U.S. dollar amount of any transaction made in a currency other than U.S. dollars. See section 15 for additional information.
   Over the Counter Withdrawal Fee4	$2.50	$2.50	Assessed if you withdraw money over the counter at an international financial institution

   ¹ The combined total of Transaction Fees and International Transaction Fees is limited to $10.00 in each calendar month and is based on the date the transaction is posted to your card account as reflected on your statement.

   ² "In Network" refers to the MoneyPass ATM network. Locations of MoneyPass ATMs can be found at www.rushcard.com or www.moneypass.com.

   ³ "Out of Network" refers to all ATMs outside of the MoneyPass ATM network. When you use an ATM, you may be charged a fee by the ATM operator or any network used to complete the transaction (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).

   ⁴ Currency Conversion Fee also applies.

5. Personal Identification Number

   When you activate your RushCard, you must select a Personal Identification Number ("PIN") to be assigned to your Card. Protect your PIN as you would protect your Card. You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should notify us immediately. Also, please review the paragraph labeled "Your Liability for Unauthorized Transfers."

6. Authorized Card Users

   You may not permit another person to have access to your Card or Card number. If you provide access or permit another person to use your Card or Card number then you are liable for all transactions and fees incurred by such use of your Card.

7. Secondary Cardholder/Companion Cards

   Your RushCard is for use by you. You may not request an additional Card for another person. We do not offer companion or secondary Cardholder Cards. You may not attempt to load your Card with direct deposits designated to another person and no one but you may load funds to the Card.

8. Cash Access

   With your PIN, you may use your Card to obtain cash from any Automated Teller Machine (“ATM”) or any Point-of-Sale (“POS”) device, as permissible by a merchant that bears the Visa, Interlink®, Plus®, Maestro®, or MoneyPass® Acceptance Mark. MoneyPass is a surcharge-free ATM network. See www.rushcard.com for a complete list of all surchargefree MoneyPass ATMs. All ATM transactions are treated as cash withdrawal transactions. You may use your Card at an ATM. The maximum withdraw from an ATM in one transaction is $500.00. The maximum cumulative amount that may be withdrawn from multiple ATMs per 24 hour period is $1,500.00. You may use your Card to withdraw cash from a bank (over the counter withdrawal). The maximum amount of one over the counter withdrawal is $1,500.00. The maximum cumulative amount that may be withdrawn from multiple over the counter withdrawals per 24 hour period is $1,500.00.

9. Loading a RushCard

   You may add funds to your Card, called "value loading", at any time. You may add value or load your Card via direct deposit, ACH transaction from your checking or savings account, Card-to-Card transfers, PayPal, or cash at any Designated Loading Point. See www.rushcard.com for a complete list of Designated Loading Points. You may also obtain information on how to load your Card at www.rushcard.com. The minimum amount of the initial value load and each value reload is $0.01. The maximum amount of each load is below.

   Load Type	Load Limit
   Cash	$1,000.00 total per 24 hour period
   Card-to-Card transfer between two Cardholders	$2,000.00 total per month
   Card-to-Card transfer - one Cardholder with two or more Cards	$2,000.00 total per 24 hour period & $5,000.00 total per month
   ACH/Direct Deposit via employer issued payroll	$5,000.00
   ACH via PayPal, Government Benefits, or Child Support	$2,000.00
   ACH - Tax Refund	$9,999.99

   You will have access to your funds at the times noted below. The access times vary with each load method.

   Load Type	Access
   Direct Deposit/ACH	Usually same day as received; maybe up to 2 days early based upon source of the direct deposit and the timing of the payer funding
   Cash Load	Usually within one (1) hour, but no later than the next business day
   RushCard to RushCard Transfer (1 or 2 Cardholders)	Usually on the date specified by you, but no later than the next business day
   PayPal	Same day as received

   All checks (personal, payroll, cashiers) and money orders sent to the Issuer for Card loading will be returned unless we decide in our discretion to load the full amount to apply the check or money order towards a negative balance. Remote check deposit is available through Ingo Money, Inc. (a third party under contract with UniRush to provide you this service) via our mobile app. Terms and conditions apply to the remote check deposit. Visit the mobile app for more details.

10. Direct Deposit

    The direct deposit account number associated with your Card cannot be used for payment (preauthorized direct debits from merchants or from utility or Internet service providers). Instead, please use Rush Bill Pay for payments to merchants, utility or internet service providers, see section 11 for details. If a merchant or provider presents the direct deposit number for a payment, this will be declined and your payment to the merchant or provider will not be processed. The bank routing number and direct deposit account number are for the purpose of initiating direct deposits to your prepaid Card Account only. You are not authorized to give the bank routing number and direct deposit account number to anyone other than your employer or payer. YOU AGREE THAT ONLY DIRECT DEPOSITS IN YOUR NAME WILL BE LOADED TO THE CARD. ALL DIRECT DEPOSITS IN THE NAME OF ANYONE ELSE WILL BE DECLINED AND RETURNED.

11. Card Features/Usage Details

    Card Details. The maximum combined amount that can be unloaded from your Card per 24 hour period is $2,500.00. The maximum combined value on your Card is $9,999.99. For security reasons, we may further limit the amount, type, or number of transactions you can make on your Card at any time in our discretion. Your Card cannot be redeemed for cash. You may not use your Card for online gambling or any illegal transaction.

    Purchase Details. You may use your Card to purchase or lease goods or services anywhere debit cards, Interlink cards and Maestro cards are accepted as long as you do not exceed the value available on your Card. If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself.

    Funds Available. Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction and any applicable fees. You are not allowed to exceed the available amount on your Card through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card, you shall remain fully liable to us for the amount of the transaction.

    Split Transactions. Some merchants do not allow Cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount you request to be withdrawn from the funds available on the Card to the Card. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined.

    Authorization Holds. If you use your Card at an automated fuel dispenser ("pay at the pump"), the merchant may preauthorize the transaction amount (place a hold) on your Card Account of up to $75.00 or more. This may cause your Card to be declined even though you have sufficient funds on your Card to pay for the transaction. If this happens, pay for your purchase inside and tell the cashier exactly how much you want to spend. If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the merchant or we may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorization amount will place a "hold" on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on "hold" will be removed. It may take up to thirty-five (35) days for the "hold" to be removed. During the hold period, you will not have access to the preauthorized amount. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days. All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.

    Preauthorized credits: If you have arranged to have direct deposits made to your RushCard at least once every 60 days from the same person or company, you can call us at 1-866-787-4227 or email us at agent@rushcard.com to find out whether or not the deposit has been made.

    Right to Stop Payments. If you have set up regular payments from your Card, you may stop any of these payments. Here is how: Stop the Payment in Rush Bill Pay or call customer service at 1-866-RUSHCARD (866-787-4227) and request a stop payment at least 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to send us your request in writing within 14 days after you call. Notice of varying amounts. If these regular payments may vary in amount, the party you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

    Rush Bill Pay. We make available to you a billpayer system, Rush Bill Pay, which allows for payment to third parties via a pre-authorized electronic deduction or by issuing a paper check. Any payments made through this system will be deducted from the funds on your Card within twenty-four (24) hours or on any future date specified by you. If you do not have the funds available at the time we attempt to make the payment from your Card, the payment will not be made. If you have scheduled multiple payments to be made and the funds on your Card are not sufficient at the time we attempt to complete all of the scheduled payments, we pay only those for which your balance is sufficient to cover, starting with the lowest dollar amount payment. We will notify you by email of any failed attempts to make payments from your Card.

12. Non-Visa Debit Transactions

    New procedures are in effect that may impact you when you use your Card at certain merchant locations. In the past, transactions have been processed as Visa transactions unless you entered a PIN. Now, if you enter a PIN, transactions may be processed as either a Visa debit transaction or as a Maestro transaction.

    Merchants are responsible for and must provide you with a clear way of choosing to make a Visa debit transaction if they support the option. Please be advised that should you choose to use the Maestro network when making a transaction with a PIN, different terms may apply, such as MasterCard® zero liability, see section 20 for more details. Certain protections and rights applicable only to Visa debit transactions as described in this Agreement will not apply to transactions processed on the Maestro network. Please refer to the paragraph labeled "Your Liability for Unauthorized Transfers" for a description of these rights and protections applicable to Visa debit and non-Visa debit transactions. To initiate a Visa debit transaction at the POS, swipe your Card through a POS terminal, sign the receipt, or provide your Card number for a mail order, telephone, or Internet purchase. To initiate a non-Visa debit transaction at the POS, enter your PIN at the POS terminal or provide your Card number after clearly indicating a preference to route your transaction as a non-Visa debit transaction for certain bill payment, mail order, telephone, or Internet purchases.

13. Returns and Refunds

    If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds and agree to the refund policy of that merchant. Neither the Issuer nor UniRush are responsible for the delivery, quality, safety, legality or any other aspects of goods or services that you purchase with a Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.

14. Card Replacement

    If you need to replace your Card for any reason, please contact us at 1-866-RUSHCARD (866-787-4227) to request a replacement Card. You will be required to provide personal information which may include your Card number, full name, transaction history, copies of accepted identification, etc. There may be a fee to replace your Card. See Fee Schedule for additional information.

15. Transactions Made In Foreign Countries/Currencies

    If you obtain your funds or make a purchase in a currency other than in US dollars, the currency which your Card was issued, the amount deducted from your funds will be converted by the network or payment association into US dollars. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by the network or payment association from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate the network or payment association itself receives, or the government-mandated rate in effect for the applicable central processing date. If you obtain your funds or make a purchase in a currency other than the currency in which your Card was issued, you will be assessed a foreign currency conversion fee of 3% of the transaction amount unloaded from the funds on your Card and will retain this amount as compensation for its services. Transactions made outside of the 50 United States and the District of Columbia are also subject to this conversion fee even if they are completed in U.S. currency. For security reasons, Issuer or UniRush may limit or deny use of your Card in certain foreign countries or charge you a fee for such usage, see the Fee Schedule for additional information.

16. Receipts

    You should get a receipt at the time you make a transaction using your Card. You agree to retain, verify, and reconcile your transactions and receipts.

17. Card Balance/Periodic Statements

    You are responsible for keeping track of your Card’s available balance. Merchants generally will not be able to determine your available balance. It’s important to know your available balance before making any transaction. You may obtain information about the amount of funds you have remaining on your Card by calling the phone number on the back of your Card or visiting us online at www.rushcard.com. Balance information, along with a sixty (60) day (or more) history of Card transactions is also available online at no additional cost at www.rushcard.com. You also have a right to obtain a sixty (60) day written history of Card transactions by calling the phone number on the back of your Card or by writing us at UniRush LLC, P.O. Box 42482, Cincinnati, OH 45242 and requesting the Card history. There is a fee to receive your Card history in writing, see the fee schedule for details. You will not receive paper statements in the mail unless you request paper statements be mailed to you and pay the applicable fee.

18. Confidentiality

    We may disclose information to third parties about your Card or the transactions you make:

    1. Where it is necessary for completing transactions;
    2. In order to verify the existence and condition of your Card for a third party, such as a merchant;
    3. In order to comply with government agency, court order, or other legal or administrative reporting requirements;
    4. If you consent by giving us your written permission;
    5. To our employees, auditors, affiliates, service providers, or attorneys as needed; or
    6. Otherwise as necessary to fulfill our obligations under this Agreement.

19. Our Liability for Failure to Complete Transactions

    If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

    1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction;
    2. If a merchant refuses to accept your Card;
    3. If an ATM where you are making a cash withdrawal does not have enough cash;
    4. If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
    5. If access to your Card has been blocked after you reported your Card lost or stolen;
    6. If access to your Card has been blocked by us for suspected fraud.
    7. If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
    8. If we have reason to believe the requested transaction is unauthorized;
    9. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
    10. Any other exception stated in our Agreement with you.

20. Lost or Stolen Cards/Your Liability for Unauthorized Transactions

    Network transactions. Contact us at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone else has transferred or may transfer money from your Card, call us at 1-866-RUSHCARD (866-787-4227).

    Under Visa U.S.A. Inc. Operating Regulations, your liability for unauthorized Visa debit transactions on your Card is $0.00 if you are not grossly negligent or fraudulent in the handling of your Card. This reduced liability does not apply to PIN transactions not processed by Visa or ATM cash withdrawals.

    Under MasterCard zero liability rules, your liability for unauthorized MasterCard debit transactions using your PIN on the Maestro network with your Card account is $0.00 if you notify us within two (2) business days and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as a method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period.

    If your Card has been lost or stolen, we will close your Card to keep losses down.

    Your Liability for Unauthorized Transfers on your Card.

    Tell us AT ONCE if you believe your Card or PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning toll-free at 1-866-787-4227 is the best way of keeping your possible losses down. You could lose all the money in your Card account. If you tell us within 2 business days after you learn of the loss or theft of your Card or PIN, you can lose no more than $50 if someone used your Card or PIN without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card or PIN, and we can prove we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500. Also, if your electronic history shows transfers that you did not make, including those made by your Card or other means, tell us at once. If you do not tell us within 60 days after the earlier of the date you electronically accessed your account (if the unauthorized transfer could be viewed in your electronic history), or the date we sent the FIRST written history on which the unauthorized transfer appeared, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods for a reasonable period.

21. In case of errors or questions about your Electronic Transfers on your Personalized Card

    In case of errors or questions about your Card, call us at the number provided on the back of your Card, write to Cardholder Services at UniRush LLC, P.O. Box 42482, Cincinnati, OH 45242, or email agent@rushcard.com as soon as you can. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Card, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at the number provided on the back of your Card or writing us at UniRush LLC, P.O. Box 42482, Cincinnati, OH 45242. Fees may apply, see the Fee Schedule for details.

    You will need to tell us:

    1. Your name and Card number.
    2. Why you believe there is an error, and the dollar amount involved.
    3. Approximately when the error took place.

    If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days.

    We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Card within ten (10) business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. This type of credit is referred to as a "provisional" (or temporary) credit. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation. If you have any further questions regarding our error resolution procedures, please contact us by calling us at 1-866-787-4227 or via email at agent@rushcard.com.

    IMPORTANT: If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not provide a provisional credit to your Card.

22. Miscellaneous Terms/Governing Law

    The Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law.

23. Amendment and Termination/Cancellation

    We may amend or change the terms and conditions of this Agreement at any time. Please review the latest Agreement online at www.rushcard.com. If required by applicable law, you will be notified of any change prior to the effective date of the change. If the change is made for certain reasons such as security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

    For security or other reasons, we may consider your Card inactive or dormant after a certain period of time as determined by us (such period normally being not less than 45 days) during which time you have not used your Card for any transactions or during which time you have maintained a zero or negative balance on your Card. If your Card is inactive, we may close or cancel the Card at our discretion. The Card and the funds loaded on your Card also may be deemed abandoned after a period of time specified by applicable law. Card funds that are presumed to be abandoned will be escheated to the appropriate state in accordance with applicable law. If your Card is closed with a negative balance, we may in our discretion (1) close your other Cards and/or (2) block you from applying for a new Card until you bring the Card with the negative balance positive, or (3) to the extent permitted by law, we may, at our option and without waiving any of our rights, offset any direct loss up to the amount suffered by us as a result of such use from any balance on your Card or any other Prepaid Visa RushCard(s) you may have, or you may open in the future.

    In the event that your Card is cancelled, closed, or terminated for any reason, you may request the unused balance, to be returned to you via a check to the mailing address we have in our records. We reserve the right to refuse to return any unused balance amount less than $1.00.

    If we identified any fraudulent, illegal or any other use of your Card which is not permitted by this Agreement, to the extent permitted by law, we may, at our option and without waiving any of our rights, offset any direct loss up to the amount suffered by us as a result of such use from any balance on your Card or any other Prepaid Visa RushCard(s) you may have, or you may open in the future. We reserve the right to immediately close your Card and any other Prepaid Visa RushCard(s) with us you may have without notice to you.

    As Program Provider for your Prepaid Visa RushCard, UniRush has certain responsibilities with respect to you and your Card Account as described in this Agreement. One of those responsibilities is to choose the issuing bank for your RushCard and to direct the funds in your Card Account to be deposited at that issuing bank. By accepting and using your RushCard you appoint UniRush as custodian for your Card Account solely for the purpose of choosing the issuing bank for your RushCard and directing the funds in your Card Account to be deposited at the issuing bank. You acknowledge and agree that UniRush may choose to change the issuing bank for your RushCard at any time in UniRush’s sole discretion and direct the issuing bank to transfer the funds in your Card Account to the successor issuing bank selected by UniRush. UniRush will send written notice to you either electronically (if you have agreed to receive notices from UniRush electronically) or at the mailing address UniRush has on file for you, at least thirty (30) days before UniRush chooses to change the issuing bank for your Prepaid Visa RushCard and direct the transfer of funds to the successor issuing bank. The notice will include instructions describing how and when you may opt-out of the transfer of the funds in your Card Account. Opting-out of such a transfer will result in the closing of your RushCard and UniRush will return any funds in your Card Account, in excess of $1.00, by issuing a check to you. Under these circumstances, no fee will be charged for the check.

24. English Language Controls

    Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

25. Customer Service

    For customer service or additional information regarding your Card, please contact us at 1-866-RUSHCARD (866-787-4227) or:

    UniRush, LLC
    P.O. Box 42482
    Cincinnati, OH 45242
    Email: agent@rushcard.com

    For your security, please DO NOT send the following information via e-mail:

    Your 16 digit Account number
    Your Personal Identifiable Information – such as Social Security Number or Birthdate
    Your RushCard logon information (User ID or password)
    Images of Identification (your state issued ID or social security card)

    Customer Service agents are available twenty-four (24) hours a day, seven (7) days a week.

26. Telephone Monitoring/Recording/Calling & Solicitation

    We may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law. To the extent permitted by applicable law, you consent and agree that RushCard and service providers under contract to provide services for RushCard may contact you at any telephone number(s) that you provided or any number RushCard has for you in its records, including your cellular or other wireless device to service your Card. RushCard has your permission to contact you by any means available, including by text message. You also agree that RushCard may contact you using prerecorded messages or automatic dialers.

27. No Warranty Regarding Goods or Services

    We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card. You understand and agree all issues with the quality, safety, legality or any other aspect or services you purchase with a RushCard must be addressed and handled directly with the merchant from whom those goods or services were provided.

28. Your Change of Address

    You are responsible for notifying us promptly upon a change to your address. If your address changes to a non-US address or a US address in the state of Vermont, we may close your Card and return or make the available funds to you.

29. Privacy and Data Protection

    Information We Collect ("Cardholder Information")

    • Information about purchases made with the Card, such as date of purchase, amount and place of purchase;
    • Information provided to us when the Card is requested; and
    • Information you provide when you call about the Card.

    Information Security:

    Only those persons who need it to perform their job functions are authorized to have access to Cardholder Information. In addition, we maintain physical, electronic and procedural security measures that comply with federal regulations to safeguard Cardholder Information.

    Disclosure:

    We may use Cardholder Information to provide customer service, to develop marketing programs, to help protect against fraud and to conduct research and analysis. In addition, it is often necessary for us to disclose Cardholder Information for the same purposes to companies that work with us. For example, we may provide certain Cardholder Information to companies that perform business operations or services on our behalf. We may also provide certain Cardholder Information to others as permitted by law, such as government entities or other third parties in response to subpoenas.

    Other Important Information

    If you are a resident of California or Vermont, we will not share with non-affiliates except for our own marketing purposes, our everyday business purposes, or with your consent. Nevada residents: We are providing this notice pursuant to Nevada law.

30. ARBITRATION

    Any claim, dispute, or controversy ("Claim") arising out of or relating in any way to: (i) this Agreement; (ii) your Card; (iii) the Cards of any additional cardholders designated by you; (iv) your purchase of the Card; (v) your usage of the Card; (vi) the amount of available funds on the Card; (vii) advertisements, promotions or oral or written statements related to the Cards, as well as goods or services purchased with the Card; (viii) the benefits and services related to the Cards; or (ix) transaction on the Card, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).

    We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence.

    ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.

    For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: AAA, at 335 Madison Avenue, New York, NY 10017 or at www.adr.org. All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.

    NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.

    This arbitration provision shall survive: (i) the termination of the Agreement; (ii) the bankruptcy of any party; (iii) any transfer, sale or assignment of your Card, or any amounts owed on your Card, to any other person or entity; or (iv) expiration of the Card. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force

    IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE CARD. SAVE YOUR RECEIPT AND CALL US AT THE NUMBER PROVIDED ON THE BACK OF YOUR CARD TO CANCEL AND TO REQUEST A REFUND.

31. Disclaimer of Warranties

    EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

32. Limited Liability.

    UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, METABANK OR UniRush WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT EITHER METABANK OR UniRush IS HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE METABANK OR UniRush SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

    This Cardholder Agreement is effective 11/17/2014.

    This Card is issued by MetaBank, Member FDIC.
    5501 S. Broadband Lane
    Sioux Falls, SD 57108

    For customer service or additional information regarding your Card, please contact us at 1-866-RUSHCARD (866-787-4227) or:

    UniRush, LLC
    P.O. Box 42482
    Cincinnati, OH 45242
    

    © 2004-2014 MetaBank

Prepaid Visa^® RushCard Website Terms of Use

PLEASE READ CAREFULLY BEFORE USING OR ACCESSING THIS WEBSITE. BY ACCESSING THIS WEBSITE YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS.

The following Website Terms of Use (“Terms of Use”) apply to the RushCard websites (each, a “Site” and collectively, the “Sites”) owned and operated by UniRush, LLC, and its subsidiaries and affiliates (collectively, “UniRush,” “we,” or “us”) and do not modify your Cardholder Agreement which governs your use of your prepaid card (“Card”).  By accessing or using the Sites, whether via computer, mobile device or other technology, you represent that you have read and agree to be bound by these Terms of Use in their entirety and all applicable laws, rules and regulations governing your use of the Sites.  If you do not agree to these terms, do not use the Sites. 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.

Privacy

Use of a Site is subject to the Website/Mobile App Privacy Policy which explains how we collect, store, share or otherwise use your personal information and non-personal information.  You should review these policies before using a Site. 

Proprietary Rights

You acknowledge and agree that the materials contained on our Sites 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 our Sites 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 Sites which pertains to the copied material.  You agree not to systematically retrieve data or other content from the Sites for the purpose of creating a collection, compilation, database, or directory without our written permission. All rights not expressly granted herein are reserved.  Downloading of any information, content or images from our Sites 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 a Site or any material contained on a Site on any server or computer without our written permission.  Except as stated herein, none of the contents of a Site 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 applicable owner(s) of any linked sites.

Trademarks, service marks, and logos appearing on a Site are the property of UniRush or the party that provided the trademarks, service marks, and logos to UniRush, whether registered or not.  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 on a Site.

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.  If you believe that your copyrighted work is being infringed on a Site, please notify our copyright agent specified below.

E-mail may be sent to: general.counsel@rushcard.com

Mail may be sent to:

UniRush, LLC
Attn: General Counsel
4701 Creek Road
Cincinnati, OH 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 Site are covered by a single notification, a representative list of such works at that Site.
• 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 a Site 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.  

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 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 this 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.  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.  We reserve the right to investigate suspected violations of these Terms of Use.  We further reserve the right to terminate your access to our website or to any or all of its services at any time without notice for any reason whatsoever.

This 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. 

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 (collectively, 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.

No Representations or Warranties 

We make no representations or warranties that our website is free of defects, viruses or other harmful components.  The pages on our website may contain technical inaccuracies, outdated information and typographical errors.  We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or our computer systems.  If you are dissatisfied with any portion of this website or the associated services, your sole remedy is to cease using them.  

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 THIS 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.  YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE.  SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; UNIRUSH’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

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 any of these Terms of Use, or your infringement of the intellectual property rights of third parties.

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.

Miscellaneous 

These Terms of Use shall be given effect to the fullest extent permissible by law. In case any one or more of the provisions contained in these Terms of Use 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 these Terms of Use shall be construed to give maximum legal effect to the intent expressed herein. 

These Terms of Use are 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.  These Terms of Use constitutes the entire agreement between you and UniRush with respect the subject matter hereof, and supersedes all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and UniRush with respect to the subject matter herein.

UniRush’s performance hereunder is subject to existing laws and legal process. Nothing contained in these Terms of Use 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.

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. All rights not expressly granted herein are reserved exclusively and entirely to UniRush.

Specific areas or pages of this website may include additional or different terms relating to the specific use of those areas or pages. In the event of a conflict between such terms and these Terms of Use, those relating to the specific use of those areas or pages shall control.

Last Revised: November, 2013