Please read this agreement carefully and completely before using this site. By using this site and the links accessible through this site, you expressly agree to be bound by this agreement. These terms, conditions, and policies apply solely to the use of Rushbargains.com, and do not extend to any affiliated sites or links to third parties. The information and resources contained on and accessible through this site are made available by Rush Bargains and its suppliers and vendors, subject to your agreement to the terms and conditions below.
You should periodically review these terms, conditions, and policies for any updates or changes. Your continued use of this site shall constitute notice and acceptance of any such changes.
COPYRIGHT AND TRADEMARK INFORMATION
Copyright © 2014-2016 Rush Bargains. All rights reserved. We or our content providers own all of the content on our web site, including text, customized graphics, photographs, music, data, images, audio and video clips and software. This property is protected by U.S. and international copyright laws. In addition, the manner in which we have compiled, arranged and assembled our content is protected by worldwide copyright laws and treaty provisions.
Hypertext linking to this web site is permitted. However, Rush Bargains reserves the right to disable any link to any site Rush Bargains believes contains scandalous, offensive, obscene, scurrilous or inappropriate content or that, in the sole opinion of Rush Bargains, adversely affects the goodwill of Rush Bargains or any trademark or service mark of Rush Bargains or its subsidiaries. Rush Bargains expressly reserves all available legal rights and remedies for any cause predicated on hypertext linking of this site from any other site. "Framing" or any other use of this site that serves to affect the identity of this site or the source of the content of this site is prohibited.
You may use the content on our web site only for your own shopping and information purposes. Copying, publishing, broadcasting, modification, distribution or transmission in any way without the prior written consent of Rush Bargains is strictly prohibited. Rush Bargains reserves title and full intellectual property rights for materials downloaded or otherwise received from this web site. We hereby grant you permission to download, print and store selected portions of our content (as defined below). However, the copies must be for your own personal and non-commercial use, you cannot copy or post the content on any network computer or broadcast it in any media, and you cannot alter or modify the content in any manner. You also may not delete or change any copyright or trademark notices.
NOTE ABOUT PRICING
Rush Bargains makes every effort to provide accurate information about products and their pricing on its websites. However, pricing and/or typographical mistakes may, on rare occasions, appear on this website. For this reason, Rush Bargains cannot guarantee the price of an item until after you have ordered it. In the event an item appears with an incorrect price or with inaccurate product information, Rush Bargains reserves the right to cancel any orders for the item. If an order you placed is cancelled due to mispricing, Rush Bargains will notify you of the cancellation. Prices and availability are subject to change without notice.
NOTE ABOUT QUANTITY LIMITS
Rush Bargains reserves the right to set quantity-per-order limits on any and all items sold on this website. Rush Bargains may also limit the item quantity available to any single person or household or business over a given period of time. These restrictions may be applied to orders using the same credit card or billing or shipping address.
NOTE ABOUT PRODUCT SUBSTITUTIONS
A substitute will only be made in the event an item is out of stock and the identical brand and product is available in a form that is of equal or greater value, e.g. larger quantity, packaged with a trial sample, updated product packaging, etc. A product substitution will occur at no extra cost and, if the substituted item is less expensive than the original item, the lower price will be charged.
We welcome your comments, notes, messages, ideas, feedback, suggestions or other communications (collectively, "Comments") concerning the Site, which shall be and remain the exclusive property of Rush Bargains. Your submission of any such Comments shall constitute an assignment to Rush Bargains of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Rush Bargains will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, only send us comments which you desire to assign to us.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
You will indemnify, defend and hold harmless Rush Bargains, including its officers, directors, employees, affiliates, licensors, suppliers, information providers and agents (collectively "Rush Bargains") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the service using your account.
This web site may include content provided by third parties and you, our customer. Rush Bargains. Rush Bargains editorial control of such content is the same as that of a public library or newsstand. Third party suppliers may express certain opinions or provide certain information and offers. Rush Bargains makes no warranties as to the completeness, accuracy, timeliness, or reliability of information or offers supplied by third parties and published by Rush Bargains. Rush Bargains does not guarantee or warrant the performance of any third party, including any such third party's conformance to any law, rule, regulation or policy.
Rush Bargains does not warrant that information, services, and products contained in this web site will satisfy your requirements or that they are error or defect-free. Before using any product, you should confirm any information of importance to you on the product packaging. You assume responsibility for the accuracy, appropriateness and legality of any information you supply Rush Bargains. This web site is operated in the state of California, United States of America and Rush Bargains makes no warranty or representation that content is applicable or appropriate for use in other locations.
Rush Bargains reserves the right to limit quantities on all items. Each advertised item must be readily available for sale, unless specifically noted on this website will not issue a rain check or place a backorder for items that are out of stock. By your use of this web site, you acknowledge that such use is at your sole risk, including responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with this web site.
PREVENTION OF PERFORMANCE
Rush Bargains shall not be liable for damages when deliveries are delayed or prevented by fire, war, rebellion, act of God, or failure or shortage of transportation methods. In the event Rush Bargains shall not be able to adequately supply the needs of the buyer hereunder for any such reason beyond its ability to control, Rush Bargains will inform the buyer and the buyer has the right to cancel any outstanding orders without penalty.
MODIFICATION OF TERMS
Rush Bargains reserves the right to amend these Terms and the additional Terms here below at any time, for any reason and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Rush Bargains will be prospective only.
LIMITATION OF LIABILITY
To the fullest extent permitted under law, Rush Bargains will have no obligation or liability (whether arising in contract, warranty, tort, including negligence, product liability or otherwise) for any direct, incidental, indirect, special or consequential damages or liabilities (including any loss of data, revenue or profit) arising with respect to your use of the site or the service, even if you have been advised of the possibility of such damages. This limitation applies to damages arising from (i) use or inability to use the service, (ii) cost of procurement of substitute goods and services, (iii) unauthorized access to or alteration of your transmissions by third parties, (iv) third party content made available to you through the service - or (v) any other matter relating to the service. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from state to state.
You agree to use this site only for lawful purposes. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy this site will not be tolerated, including by means of hacking or defacing any portion of this site, or by engaging in spamming, flooding, or other disruptive activities. You are strictly prohibited from communicating on or through this site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. We reserve the right to terminate or suspend your access to and use of this site, or parts of this site, without notice, if we believe, in our sole discretion, that it is in violation of any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third party partners, affiliates, sponsors, providers, licensors, or merchants.
With respect to Your Account, you agree to provide true, accurate, current, and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of this site. Because any termination of your access to the site may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this site. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or this site.
When you create an account, you will be asked to supply a User ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access this site using your account or User ID.
These terms, conditions, and policies are effective until terminated by either party. If you no longer agree to be bound by these terms and conditions, you must cease your use of this site. Your use of this site is at your sole risk. If you are dissatisfied with this site, its content, or any of these terms, conditions, and policies, your sole and exclusive legal remedy is to discontinue using this site
We may elect to monitor areas of the Site by electronic or other means and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Site.
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.
Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products without our consent. In addition, we reserve the right to limit quantities of items purchased by each customer. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, and price discrepancy. We reserve the right to charge fees or extra shipping charges for any product that is backordered. The posting of prices on our site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.
Rush Bargains may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by Rush Bargains elsewhere on the Site, (ii) conduct Rush Bargains believes is harmful to other users, the business of Rush Bargains or the Site Host or (iii) failure to continue Active Participation in the Service. Neither Rush Bargains nor the Site Host will be liable to you or any third party for any termination of your access to the Service or discarding Content.