RushwaveTerms of Use
Legal Notice
Rushwave owns, maintains, and manages both rushwave.org and bertdavidson.com (collectively "Site") for your information, education, and communication. Please be mindful of these Terms of Use when using the Site.
Your Acceptance of these Terms
By accessing the Site you agree to be bound by the terms and conditions stated below ("Terms and Conditions") and all applicable laws. Moreover, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Rushwave that applies to the use of our Site are superseded and have no force or effect. We reserve the right to make any modifications, at any time, with or without prior notice, to these Terms and Conditions. Each time you use the Site, you agree to these Terms and Conditions in the version then current at the time you access the Site.
TERMS AND CONDITIONS
Unless expressly stated to the contrary, everything you see, hear, read, or access in any way on the Site is and shall remain the copyrighted intellectual property of Rushwave. Rushwave authorizes the download of material displayed on the Site solely and exclusively for non-commercial, personal use. Your authorized use of Rushwave materials, including the text, images, audio, video, blog posts, comments, forums, and any other content created with extant or future tools (“the materials”), means (1) the materials must not be modified in any way, (2) the materials must not be used in a way that indicates or implies a representative association of any kind between the user and Rushwave, 3) your use of the materials must abide by these Terms and Conditions, the Rushwave Permissions Policy, and express statements regarding use of the materials in the text of the Site. Any other use requires express written authorization and permission from Rushwave. Rushwave neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Rushwave or infringe the laws of any jurisdiction outside the United States of America.
Disclaimers
General Disclaimer. Your browsing of the Site is at your risk. Neither Rushwave nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site, or your inability to do so. Even if an exception were to apply which might allow such damages, your recovery will not be greater than the amount you paid to Rushwave to access the site. Without limiting the foregoing, everything on the Site is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Personal Property Disclaimer. Rushwave assumes no responsibility, and shall not be liable for any damages to, or viruses or malware that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, including, but not limited to, data, text, images, video, or audio from the Site.
Personal Privacy Disclaimer. Because Rushwave cannot guarantee the security of any device you may use to access the Site, nor the security of the public Internet, Rushwave cannot guarantee the confidentiality or integrity of any material you transmit publicly or privately to the Site by electronic mail or otherwise, including but not limited to any data, text, software, music, sound, videos, messages, tags, blogs or forum postings, questions, comments, suggestions, or the like. While Rushwave uses reasonable efforts to preserve your privacy, we reserve the right to use, at our sole discretion, anything you transmit or post for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting, provided that such use does not include your personally identifiable information. Please see the current version of the Rushwave Privacy Policy
Links Disclaimer. Rushwave may, at its sole discretion, monitor and review sites and services that may be available to you through links on the Site, but is under no obligation to do so. Rushwave is neither responsible for nor liable to you or any third party for the content of any off-site pages or any other sites linked to the Site. Your use of any link on the Site to browse to any other off-site pages or other sites is entirely at your own risk.
Content Accuracy Disclaimer. While Rushwave uses reasonable efforts to include accurate and up-to-date information on the Site, Rushwave makes no warranties or representations as to its accuracy. Rushwave assumes no liability or responsibility to you or to any third party for any errors or omissions in any content that may be made available to you through the Site.
User Postings Disclaimer. Rushwave may, at its sole discretion, occasionally monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like from users on the Site. However Rushwave is under no obligation to do so and assumes no responsibility or liability arising from the content of any such resources nor for any error, defamation, libel, slander, omission, falsehood, impersonation of any person or entity obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.
Trademarks, Logos and Service Marks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are registered and unregistered Trademarks of Rushwave and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Rushwave, or the third party owner of such Trademark. Your misuse of the Trademark, or any content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Rushwave will enforce its intellectual property rights to the full extent of the law, including the seeking of criminal prosecution where appropriate.
Site Images
Images displayed on the Site are either the property of, or used with permission by, Rushwave. Your use of these images, or use by anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions, or specific permission provided elsewhere on the Site. Your use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Rushwave Resources
Rushwave publishes various resources such as printed books, e-books and audio books. The sale, order processing, distribution, shipping, downloading and refund of any of these resources is managed by the third party company through whom the resource was obtained, and is subject to their terms, conditions and refund policies. Please contact the third party company from which the resource was obtained for resolution of any issue in such matters.
User Account
Rushwave may provide you the ability to create a user account and thereby allowing the user to comment or post on a Site blog, forum, or the like. In creating a user account, you agree to (1) create only one account for your own personal use, (2) maintain confidentiality of your username and password, (3) not impersonate someone else, (4) exit your account at the end of your session, (5) notify Rushwave of unauthorized use, and (6) not transfer your personal account to someone else. You acknowledge, consent and agree that Rushwave may access, preserve and disclose your account information and content if required to do so by the law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process; enforce Terms of Use; respond to claims that any content violates the rights of third parties; respond to your requests for service; or protect the rights, property or personal safety of Rushwave, its users and public.
User Activity: Rushwave may provide various mediums on the Site allowing users to inquire, interact, or comment with Rushwave directly, or with other users on the Site. These may include, but are not limited to, mediums such as discussions, chats, forums, postings, transmissions, bulletin boards, contact forms, postal mail, electronic mail, and the like. Any material you transmit to the Site or to Rushwave, including but not limited to any data, questions, comments, suggestions, corrections, and the like, will be treated as non-confidential and non-proprietary. Anything you transmit, post or send may be used by Rushwave for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcasts, and posting.
You are prohibited from using any of these mediums to post, transmit, or communicate any material that is unlawful, libelous, threatening, harassing, defamatory, vulgar, obscene, sexually explicit, pornographic, profane, hateful, slanderous, scandalous, inflammatory, or discriminatory. Also prohibited is material that is invasive of another’s privacy, or could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Rushwave will fully cooperate with any law enforcement authorities or court order requesting or directing Rushwave to disclose the identity of anyone posting any such information or materials.
Account Termination: Rushwave can for any reason, at any time, with or without prior notice, and at its sole discretion, immediately terminate your Site account and access to your Site account, and shall not be liable to you or any third party for any termination of your account or access to Rushwave. Rushwave also reserves the right to log off and completely remove accounts that remain inactive for an extended period of time.
Jurisdiction and Law
Rushwave is organized under the laws of the state of Illinois in the United States of America, and these Terms of Use and Terms and Conditions are governed by Illinois law. You agree to Christian conciliation of any disputes relating to the Site, and you consent to submit to the exclusive jurisdiction of the courts of Macoupin County, the State of Illinois of the United States of America for any litigation arising out of or related to use of the Site. If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. To the extent that any content in the Website conflicts or is inconsistent with these Terms and Conditions, these Terms of Conditions shall take precedence. This is the entire agreement regarding the matters discussed on this page.
No Waiver of Terms. Failure to exercise or enforce these Terms of Use or any part or parts of these Terms of Use shall not constitute waiver of any terms or provision incorporated in these Terms of Use.
Severability. If any provision of these Terms of Use is found by a competent court of jurisdiction to be invalid, the parties (“You” and “Rushwave”) nevertheless agree that the court shall endeavor to give effect to the parties’ intention as reflected in the provision, and all other provisions shall remain in full force and effect.
Changes to Terms of Use
Rushwave reserves the right to make any modifications, at any time, with or without prior notice, to these Terms of Use and Terms and Conditions.
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