This Agreement sets forth Your rights and obligations as a RUSH FUNNELS Member. By clicking "I Agree," You indicate that You have read and understood this Agreement and You will be bound by its Terms.
A. "RUSH FUNNELS" is a brand of Digital Culture HQ Pty Ltd. In this Agreement, references to "RUSH FUNNELS" as a Party mean and refer to Digital Culture HQ Pty Ltd, doing business as RUSH FUNNELS, and Digital Culture HQ Pty Ltd owner(s), parent company(ies), affiliate entities, and employees, and assigns.
B. "Parties" mean RUSH FUNNELS and You. RUSH FUNNELS and You are each a "Party."
C. "Terms" mean and refer to the RUSH FUNNELS Membership Terms and Conditions set forth herein.
D. "Member" refers to a person who has created a RUSH FUNNELS Account. "Member Account" refers to a Member's RUSH FUNNELS Account.
E. "You" and "Your" means the RUSH FUNNELS Member who has executed this Agreement by clicking "I Agree."
II. Becoming a RUSH FUNNELS Member
By clicking "I Agree" to these Terms, transferring payment to RUSH FUNNELS, and creating a Member Account, You become a RUSH FUNNELS Member. There are various products and services available to Members, and monthly / one-time prices applicable to such products and services. RUSH FUNNELS products, services, and prices are subject to change without notice. Price changes are effective on the first day of the month after the price change is posted https://rushfunnels.com/members/support. By clicking "I Agree" and providing RUSH FUNNELS Your credit card or PayPal information You authorize RUSH FUNNELS to charge Your credit card or PayPal account in the amount indicated for the value of the services You select, including any future price changes. By Your continued use of RUSH FUNNELS services, and unless You terminate this agreement as provided herein, You agree that RUSH FUNNELS may charge Your credit card or PayPal account a one-time or monthly fee for the products and services You have selected, and You consent to any price changes for such services.
III. Term and Termination
Your Paid Member contract with RUSH FUNNELS begins when You click "I Agree," and will continue month-to-month until either:
A. RUSH FUNNELS cancels Your paid account due (reverting to a free account or suspended in the event a major breach has been actioned on Your behalf) to Your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month's use, nor will You be entitled to any refund for any payments You have made to RUSH FUNNELS.
B. You provide RUSH FUNNELS ten (10) days' e-mail notice, as provided herein, of Your cancellation of Your Paid account. If You provide such notice less than ten (10) days before the first day of the next month, Your credit card or PayPal account may still be charged. You will not be entitled to pro-rate Your last month's use, nor will You be entitled to any refund for any payments to RUSH FUNNELS.
C. Your credit card or RUSH FUNNELS charge is denied for any reason and You do not provide RUSH FUNNELS a new credit card within seven (7) days.
D. Your PayPal recurring billing authorisation charge with RUSH FUNNELS fails or is denied for any reason, or your agreement has been cancelled.
IV. No License to use RUSH FUNNELS Brandings or Trademarks
Any content on any RUSH FUNNELS website may constitute the intellectual property of RUSH FUNNELS. Except where expressly authorized, no material on any RUSH FUNNELS website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The RUSH FUNNELS logo are proprietary marks of RUSH FUNNELS, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by RUSH FUNNELS or any of RUSH FUNNELS affiliates.
You agree to protect, defend, indemnify and hold harmless RUSH FUNNELS, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against RUSH FUNNELS for liability for payments for, damages caused by, or other liability relating to, You.
VI. No Warranty; No Leads.
RUSH FUNNELS does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that RUSH FUNNELS will not at any time provide sales leads or referrals to You, and that it is your own responsibility to send quality traffic to your funnel links which effects the overall conversion to a lead or RUSH FUNNELS referred Member registration. Additionally, RUSH FUNNELS WEBSITES AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. RUSH FUNNELS MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY RUSH FUNNELS WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. RUSH FUNNELS MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY RUSH FUNNELS WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY RUSH FUNNELS WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY RUSH FUNNELS WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY RUSH FUNNELS WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The RUSH FUNNELS websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any RUSH FUNNELS website and these Terms, these Terms shall control.
VII. Limitation of Liability.
YOU AGREE THAT IN NO EVENT SHALL RUSH FUNNELS'S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO RUSH FUNNELS FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST RUSH FUNNELS OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
VIII. Force Majeure.
RUSH FUNNELS will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, "Force Majeure Event" shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of RUSH FUNNELS. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. RUSH FUNNELS shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
IX. Assignment of Rights.
RUSH FUNNELS may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without RUSH FUNNELS or its assigns express written consent.
X. Information; Registration; Membership Usernames and Passwords
As a RUSH FUNNELS Member, You will be required to create an account with RUSH FUNNELS. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your RUSH FUNNELS Membership account, and You agree not to transfer Your password or Username, or lend or otherwise transfer Your use of or access to Your Membership account, to any third party. You are fully responsible for all transactions with, and information conveyed to, RUSH FUNNELS under Your Membership Account. You agree to immediately notify RUSH FUNNELS of any unauthorized use of Your password or Username or any other breach of security related to Your Membership account. You agree that RUSH FUNNELS is not liable, and You will hold RUSH FUNNELS harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
XI. Release/Authorization to Use Photographs.
You grant RUSH FUNNELS permission to use any and all photographs taken by RUSH FUNNELS or its agents or employees, or submitted by You to RUSH FUNNELS (hereinafter "Photographs") in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of RUSH FUNNELS or any product or service sold and marketed by RUSH FUNNELS. You agree that this authorization to use Photographs may be assigned by RUSH FUNNELS to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in RUSH FUNNELS sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against RUSH FUNNELS in exchange for this Release and Assignment. You hereby release and forever discharge RUSH FUNNELS from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
XII. Prohibited Activity.
RUSH FUNNELS has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to RUSH FUNNELS reputation; and the violation of the rights of RUSH FUNNELS or any third party.
B. "SPAMMING" AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed "spamming," or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to RUSH FUNNELS reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
If You have any questions or complaints concerning any of the Terms, You may contact RUSH FUNNELS by e-mail at support[a]rushfunnels.com, or by regular mail at PO Box 911 Buddina QLD 4575 Australia.
XIV. Digital Millennium Copyright Act
If You believe that materials or content available on any RUSH FUNNELS website infringes any copyright You own, You or Your agent may send RUSH FUNNELS a notice requesting that RUSH FUNNELS remove the materials or content from the RUSH FUNNELS website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send RUSH FUNNELS a counter-notice. Notices and counter-notices should be sent to RUSH FUNNELS, Attention Legal Department, at PO Box 911 Buddina QLD 4575 Australia, or by e-mail to support[a]rushfunnels.com.
XV. Arbitration, Governing Law, and Attorneys' Fees.
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against RUSH FUNNELS including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Brisbane, Australia. You agree not to file suit against RUSH FUNNELS or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, "Arbitrator") agreed upon by You and RUSH FUNNELS. In the event that You and RUSH FUNNELS are unable to reach agreement on an Arbitrator, You and RUSH FUNNELS will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Brisbane, QLD, Australia. The arbitrators selected by You and RUSH FUNNELS will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and RUSH FUNNELS and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Queensland, Australia without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against RUSH FUNNELS to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against RUSH FUNNELS may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents RUSH FUNNELS from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect RUSH FUNNELS rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS' FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys' fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or RUSH FUNNELS commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys' fees incurred on the motion to compel from the other Party.
XVI. Changes to Terms
RUSH FUNNELS reserves the right to change these Terms, in whole or in part, from time to time at RUSH FUNNELS sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms http://rushfunnels.com/terms. By Your continued use of RUSH FUNNELS services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
No waiver by RUSH FUNNELS of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Any notice required to be given to RUSH FUNNELS under or related to these Terms must be in writing, addressed as follows:
PO Box 911 Buddina 4575 Austalia
Notices to You may be made by posting a notice (or a link to a notice) on this page https://rushfunnels.com/terms, by e-mail, or by regular mail, at RUSH FUNNELS discretion.