User Agreement
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE www.RUSHwahine.com WEBSITE OR ANY ASSOCIATED OR AFFILIATED WEBSITES,(COLLECTIVELY, THE “SITE”).
YOUR ACCESS OR OTHER USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS & CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD EXIT IMMEDIATELY.
Terms & Conditions The Site is provided by RUSHwahine and/or its affiliates and subsidiaries (collectively, “RW”).
Acceptance of Terms & Conditions By accessing or otherwise using the Site, you are acknowledging and agreeing that you have read, understand and agree to be legally bound by these terms and conditions. RW reserves the right to change these Terms & Conditions from time to time and in its sole discretion. Your continued access or other use of the Site following the posting of any changes to these Terms & Conditions constitutes your acceptance of such changes.
Your Use of the Site You may access the Site for personal, non-commercial use. Unless otherwise agreed to in writing by RW, you agree that you will not copy, download, publish, modify or otherwise distribute or use the Site, or any content included in the Site, for any purpose, except (i) to register for and access the information included in the Site, (ii) to subscribe to mail lists, and (iii) to purchase any goods or services offered by RW or its partners/affiliates, (iiii) to post or browse postings on the site. Your use of the Site or the content contained in the Site for any purpose not set forth in these Terms & Conditions is prohibited.
In addition to these Terms & Conditions, your use of the Site is governed by our Private Policy which is hereby incorporated by reference. You agree to RW’s collection, use and sharing of your information as set forth in the Privacy Policy. In the case of forums, threads, postings, message boards, or newsgroups hosted by third party providers, your use of such forums, threads, postings, message boards, or newsgroups may also be governed by such third parties’ terms & conditions and/or privacy policies. In the case of any conflict, RW Terms & Conditions and/or Privacy Policy shall govern.
Subscriptions, Registrations, Postings When registering to access the Site, subscribing to mail list(s), posting to the site, or ordering goods or services, you may need to fill out one or more forms, and provide certain information. You agree that all information you provide will be true, accurate, current and complete. You further agree to promptly update the information if necessary to keep it true, accurate, current and complete. Access to and use of password protected and/or secure areas of the Site is restricted to users who have been given a valid password by RW. Unauthorized users attempting to access these areas may be subject to prosecution.
User Conduct You agree not to use the Site to: • Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, code, text, files, images, photos, sounds, videos, messages or other materials (collectively, “Content”), that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar or obscene, libelous, deceptive, fraudulent, contains explicit or graphic sexual content, invasive of another’s privacy, or hateful; • Stalk any users, members, advertisers or others; • Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; • Harm minors in any way; • Impersonate any person or entity, including, but not limited to, a RW official, or falsely state or otherwise misrepresent your affiliation with a person or entity; • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Site; • Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as trade secrets, insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); • Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, service mark, copyright or other proprietary rights of any party; • Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; • Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly malicious activity, or surreptitiously intercept or expropriate any system, data or personal information; • Act in a manner that negatively affects other users’ ability to use the Site; • Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the value or integrity of the Site, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names; • Interfere with or disrupt the Site or servers or networks connecting, or connected to, the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or • Intentionally or unintentionally violate any applicable local, state, national or international law.
You agree that you will not harvest or collect information about third parties via the Site or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation.
You agree that you will not engage in the systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory, without RW’s prior written consent.
Content You understand that Content posted on, transmitted through, or linked from the Site, is the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you post, email or otherwise make available via the Site. You understand and acknowledge that RW does not control, and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will RW be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site. You acknowledge that RW does not pre-screen, monitor, review, edit or approve Content, but that RW and its designees shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content, in whole or in part, that is available via the Site, in its sole discretion and for any reason. RW is not responsible for any failure, non-failure or delay in removing such Content.
You acknowledge and agree that RW may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of RW, its users or the public.
You understand that the technical processing and transmission of the Web Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. RW assumes no responsibility for the deletion or failure to store Content, postings or other information submitted by you or other users to the Site.
Any or all Content on the Web Site may be purged periodically in RW’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by RW or submitted to RW, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of RW, and RW does not support or endorse Content posted or submitted by you or any User.
License to Content If you upload Content or engage in any other form of communication with RW, whether through the Site or otherwise, you thereby grant to RW a royalty-free, perpetual, sub-licensable, transferable, worldwide license to use, copy, modify, incorporate into other works, display, perform and distribute any such Content, or portion thereof, in or through any medium, whether now known or hereafter created. You hereby also grant to RW the right to use your name and/or likeness in connection with any such Content, which it may choose to use or not use, in its sole discretion.
You represent and warrant that you own the Content or otherwise have sufficient rights in the Content to grant to RW the license set forth in these Terms & Conditions.
By virtue of the license grants herein, you acknowledge and agree that you shall have no recourse against RW for any alleged or actual infringement or misappropriation of any proprietary right in or to your communications with RW, including, but not limited to any rights of publicity, rights of attribution, moral rights, copyright rights, trademark/service mark rights and/or patent rights.
Ticket Purchases from RW RW’s Ticket Policy, which is hereby incorporated by reference, may be found here].
You agree that all purchases made by you on the Site are final. Except in the event of a cancellation or rescheduling, there will be no refunds or exchanges on tickets. For information on your rights in the event of a cancellation or rescheduling, please see our Ticket Policy. Purchases may also be subject to RW’s Service Charge(s), and any applicable taxes, which are also non-refundable.
Use of tickets purchased via the Site must comply with any venue-specific rules and regulations, which may be learned by contacting the venue.
Membership All membership registrations are non-refundable and non-transferable.
DISCLAIMER OF WARRANTIES RW PROVIDES THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. RW, ITS MEMBERS, EMPLOYEES, PARTNERS, AFFILIATES, AGENTS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, RW DOES NOT WARRANT THAT THE SITE, ANY CONTENT AVAILABLE THEREIN, OR ANY INFORMATION OR SERVICES PROVIDED THEREIN WILL (i) BE UNINTERRUPTED; (ii) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (iii) MEET YOUR REQUIREMENTS; OR (iv) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SITE AND ANY SERVICES PROVIDED THEREIN IS SOLELY AT YOUR RISK.
EXCLUSION OF DAMAGES RW, ITS MEMBERS, EMPLOYEES, PARTNERS, AFFILIATES, AGENTS, SUBSIDIARIES AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY SERVICES PROVIDED THEREIN. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF RW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, RW SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF CONTENT POSTED TO THE SITE BY YOU OR ANY THIRD PARTY.
LIMITATION ON LIABILITY IN NO EVENT WILL RW’S LIABILITY TO YOU IN CONNECTION WITH THE SITE, ANY SERVICES PROVIDED THEREIN, OR THESE TERMS & CONDITIONS EXCEED THE AMOUNT PAID BY YOU TO RW IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY.
APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, RW’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH IN THESE TERMS & CONDITIONS MAY NOT APPLY TO YOU.
THIRD-PARTY WEB SITES THE SITE AND CONTENT AVAILABLE THROUGH THE SITE MAY CONTAIN LINKS TO OTHER WEBSITES, WHICH ARE COMPLETELY INDEPENDENT OF RW, AND ARE NOT CONTROLLED BY RW. ACCORDINGLY, RW MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH THIRD-PARTY WEB SITES, INCLUDING THE ACCURACY, COMPLETENESS OR AUTHENTICITY OF THE INFORMATION CONTAINED THEREIN, AND RW WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEB SITES. YOUR USE OF THIRD- PARTY WEB SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY WEB SITE DOES NOT IMPLY AN ENDORSEMENT BY RW.
Indemnification You hereby agree to indemnify and hold harmless RW and its representatives, agents, affiliates, members, directors, officers, employees, managers and shareholders (the “Indemnified Parties”), and at RW’s option defend the Indemnified Parties, from and against any damage, loss, cost or expense (including without limitation, reasonable legal fees and related costs) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any of the Indemnified Parties arising out of your use of the Site (including, without limitation, the posting of any Content by you to the Site) or any service provided therein, or any alleged breach by you of any provision of these Terms & Conditions. If you are obligated to indemnify RW, RW may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of RW.
Intellectual Property In order to preserve the integrity of the Site and our branded services, we must take steps to protect our intellectual property from infringers, counterfeiters and copiers. Unless you receive our advance written permission, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including text, graphics, code and/or software.
RUSHwahine, RW and any other words or images used on or in connection with RW goods or services are trademarks or service marks of RW. This Site, its contents, coding, look and feel are copyright RUSHwahine. All Rights Reserved.
Copyright RW respects the intellectual property of others, and we ask our users to do the same. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, RW may, in its sole discretion, investigate the allegation and/or edit, remove or request the removal of such content. Notwithstanding the foregoing, RW does not ensure that any such content will be edited or removed. RW may terminate the password and account of users who infringe the intellectual property rights of others. If you believe there is any content on the Site which infringes your copyright, please notify us by sending an email with the word “copyright” in the Subject line to: terra@RUSHwahine.com .
Termination RW may, in its sole and absolute discretion, and with or without prior notice to you, suspend or terminate your use of the Site. The provisions of these Terms & Conditions pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive termination.
You may terminate your account for any reason by following the Unsubscribe instructions in our Privacy Policy, and immediately discontinuing any further use of the Site. RW shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your use of the Site.
General
These Terms & Conditions shall be construed and enforced in accordance with the law of the State of Hawaii, without regard to its conflict of law principles or any rule that may indicate the applicability of the laws of any other State. The parties hereto submit to the exclusive jurisdiction of the State and Federal Courts located in the State of Hawaii and waive any claim that the forum is inconvenient or that venue is improper.
These Terms & Conditions (and any further policies or documents incorporated by reference herein) constitute the entire understanding between RW and users of the Site concerning the subject matter hereof and may not be modified except by a written instrument executed by RW. This Agreement, which may be modified or amended by RW from time to time, in its sole discretion, supersedes all prior understandings and agreements, whether written or verbal with respect to the subject matter hereof.
If any of the provisions of these Terms & Conditions will contravene, or be invalid under, the laws of the particular jurisdiction where performed, such contravention or invalidity will not invalidate the whole agreement, rather these Terms & Conditions will be construed as if not containing the particular provision or provisions held invalid, and the rights and obligations of the parties will be construed and enforced accordingly.
No failure or delay by RW in exercising any right, power or privilege under these Terms & Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms & Conditions.
The section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect.
These Terms & Conditions are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. Users may not assign their rights or obligations hereunder without RW’s prior written consent