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:

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:

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

 

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