THE RUSHING COMPANY LLC TERMS OF USE

Effective Date: July 5, 2023

These Terms of Use apply to The Rushing Company LLC website (https://rushingco.com/ or our “Site”) provided by The Rushing Company LLC (“Rushing” or “we”) to you.  

Please review these Terms of Use (this “Agreement”) closely.  Among other things, this Agreement contains information regarding Rushing’s privacy practices, such as information that we collect from you, how we obtain that information, and how we use that information.  This Agreement also contains legal notices regarding Rushing’s information made available to you through this Site and limits on your use of such information.  

These Terms of Use form a legal agreement between you and Rushing (each, a “Party” and collectively, the “Parties”) with respect to each Party’s rights and responsibilities regarding our Site, the information contained on our Site, and information that we collect from you.  By accessing any portion of our Site, you are indicating that you have read and understood this Agreement and that you agree to be bound by these Terms of Use.    

1. Acceptance of Terms of Use

By using our Site, you understand and agree that these Terms of Use are a legally binding agreement between you and Rushing that is the legal equivalent of a written contract signed by both Parties.  

Your agreement to these Terms of Use is confirmed by clicking on the “I Agree” or “Accept” or other similarly worded entry field, “button”, or banner (among other similar functions) on the Site as well as by you accessing any portion of our Site or by your continued use of any portion our Site.  You agree that such affirmations, access, and use are legally binding statements indicating agreement to be bound by these Terms of Use that are enforceable as the legal equivalent of your handwritten signature.  

By accessing and using our Site, you agree that you have received, reviewed, and understand these Terms of Use and that you agree to be bound by these Terms of Use after consideration of the information and restrictions on your use of our Site contained herein.

If you do not agree with these Terms of Use, you are not permitted to access our Site.

2. No Client Relationship

Rushing has a policy of entering into business arrangements with clients through written contracts, such as by executing an engagement agreement, a signed bid, or a signed quotation.  You agree that your access of our Site, or receipt of information from our Site, or your transmission of electronic mail to addresses provided on the Site, does not create a client relationship between you and Rushing.  

3. Rushing’s License to You

Rushing hereby grants to you and you accept a non-exclusive and non-transferable personal license to access and use our Site (the “User License”) in the manner described in these Terms of Use.  This User License is expressly conditioned on your continued compliance with these Terms of Use.  All rights not expressly granted in these Terms of Use are reserved to Rushing. Nothing in these Terms of Use obligates Rushing to continue providing access to our Site beyond the date when Rushing ceases to provide access to our Site to users generally.  The User License may be revoked by Rushing at any time and for any reason.

Any attempts to transfer the User License to another party without the express written consent of Rushing will be invalid and void, including without limitation, any attempt to rent, lease, share, sell, transfer, redistribute, or sublicense the User License to any other third-party.  

4. Restrictions on the User License

You agree to be bound by and comply with the following restrictions on the User License.

1. You agree to use our Site only in a manner and for the purpose for which our Site was designed, including to access information about engineering and other services offered by Rushing.  All other uses of our Site must be expressly approved by Rushing in writing.  Further, you will not use our Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, or otherwise objectionable to Rushing or harmful to the goodwill of our business, as determined in our sole discretion and at any time.  Rushing expressly reserves the right to stop providing you with access to our Site as a result of any such behavior.  

• You will not use, upload, post, reproduce, or distribute any information, content, or other material from our Site that is protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of Rushing or the appropriate owner in writing, including without limitation, employee photos, employee biographies, project information, blog posts or content, and any other written content on our Site.  

• You will not collect or store personal data, or attempt to do the same, of other users of our Site.

• You will not take any action that may interrupt, limit, or interfere with the functionality of our Site, or of any service, network, or hardware that supports our Site.

• You will use the Site in a manner consistent with applicable laws and regulations and in accordance with these Terms of Use, as they may be amended by Rushing from time to time.

• You will not decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, create unauthorized copies, or create derivative works of our Site, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).  You will not access our Site for any competitive purpose.  You also agree that you will not assist third parties in such prohibited acts.  

• You will not use, or attempt to use, automated programs or software to access our Site.  Automated access to the Site is strictly prohibited.

Violation of the restrictions on the User License above, or of any other provision of these Terms of Use, will be considered a default of these Terms of Use and Rushing reserves the right, in its sole discretion, to take appropriate corrective action, including but not limited to, restricting your access to our Site.

5. Electronic Communications

Rushing may solicit contact by electronic mail to provide additional information to you regarding our services or potential employment opportunities, such as at the info@rushingco.com email address or HR@rushingco.com address provided on the Site, among others.  You may send electronic mail to these addresses to request information regarding Rushing or services offered by Rushing, inquiring about employment opportunities, and other like activities within the scope of our business.  You acknowledge that electronic mail may not be a secure method of communication and agree to provide any confidential or personally identifiable information at your own risk and to hold Rushing harmless regarding the same.  You further agree to cease sending electronic mail to info@rushingco.com, HR@rushingco.com, or any other rushingco.com email address upon Rushing’s request.

6. Privacy Policy

Rushing has developed this privacy policy to demonstrate its commitment to protecting the privacy of users of our Site.   This privacy policy is intended to summarize and inform you of our general privacy and data protection practices regarding the collection, use, and disclosures of information when you use our Site, and the choices you have with respect to that information.

By accessing and continuing to use any portion of our Site, you are consenting to the practices described in Rushing’s privacy policy.  Your consent includes authorization for Rushing to collect, receive, store, use, and disclose your information in accordance with this privacy policy and applicable law.  

1. Data Collected through User Submissions. We collect and store information that you voluntarily submit to us, including via contacting us at info@rushingco.com, HR@rushingco.com, or through any employee electronic mail (“email”) address.  If you voluntarily identify yourself by sending us an email, we collect and store your email address and any other information you provide in your email (collectively, “Voluntary Information”). As described in more detail below, we may use this Voluntary Information for our operational and commercial purposes, including to contact you, identify you, and send you information, including marketing information, about our services.

• Data Collected through User Visits, Interactions, and Activities.  As noted above, our Site is hosted by WordPress.  Our Site may not have any custom functionality related to collecting user information or setting up cookies, but there are some default cookies used by WordPress that may be implemented through our Site, such as session cookies and comment cookies.  Session cookies track and provide information about your session interacting with our Site, and comment cookies remember a commenter’s details (collectively, the “Use Information”).  You consent to our use of cookies through WordPress and consent to WordPress providing the Use Information to us to improve your experience with our Site.  

As the cookies employed by our Site are used by default by WordPress and not implemented by Rushing, you agree to hold Rushing harmless for any and all claims relating to the cookie practices of our Site.  

Your use of our Site may be subject to the terms and conditions and privacy practices of WordPress.  More information about the cookies that may be dropped on your device can be found by visiting: The cookies WordPress uses.  

If you do not want us to deploy cookies through our Site, you can opt out by setting your mobile device or computer to reject cookies.  You can still use our Site if you choose to disable cookies, although your ability to use some of the features may be affected.  

• How Information is Used and Shared.  You authorize us to collect, use, share, disclose and store the above Voluntary Information and Use Information (collectively, the “Information”) as follows.  

1. Affiliated Third Parties. You expressly authorize us to share the Information with our Third-party Service Providers.  We will provide our Third-party Service Providers with access to the Information collected above only to the extent necessary to allow them to perform their functions and to the extent permitted by law.  

1. Unaffiliated Third Parties. We will not sell, share, or license the Information to unaffiliated third parties, such as advertisers and marketing companies.    

1. Data Analytics.  In an ongoing effort to better understand our users and our Site, we may analyze certain Information in anonymized and aggregate form to operate, maintain, manage, and improve the Site. This aggregate information does not identify you personally.

We may share or license this aggregate data to our affiliates, agents, and other third parties to the extent necessary to improve our Site.  We may also disclose aggregated user statistics to describe the Site to current and prospective business partners and investors.  

1. Internal Sharing.  We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under our common control.

• Transmission of Information.  We may transmit the Information to and from third-party servers, which may include transmitting the Information across third-party communication protocols and networks.  You expressly consent to our transmission of Information across third-party communication protocols and networks and agree to defend and hold Rushing harmless from any and all claims relating to the same.

• Storage of Information.  We may store the Information on our servers or on servers owned by third parties, whether in the United States or elsewhere. We will use reasonable efforts to ensure that the Information is stored on secure servers with privacy practices that offer the same or equal protection of the Information as in this Privacy Policy.

• Sale of Business or Transfer of Assets.  We may sell or buy businesses or assets during the growth of our company. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.

• Disclosure Required by Law.  We may disclose the Information when required by law, court order, or other government or law enforcement authority or regulatory agency.  By agreeing to the terms of this Privacy Policy, you waive all rights and agree to hold Rushing harmless from any claims resulting from any action taken by Rushing during or as a result of law enforcement or regulatory investigations and from any actions taken at the direction of law enforcement or regulatory authorities.

1. Disclosure When Necessary Or Advisable.  We may disclose the Information whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property (including Intellectual Property), or safety of us or others, including you.

• Troubleshooting and Dispute Resolution.  We use the Information to resolve disputes, troubleshoot problems, and enforce our Terms of Use.

• Disclosures You Make to Third Parties. Rushing does not control the privacy policies of any unaffiliated third parties.  When you disclose information to unaffiliated third parties, you are subject to the privacy policy of that third-party. It is your responsibility to find out about the privacy policy of any such third parties.  You agree to defend and hold Rushing harmless from any and all claims regarding your disclosure of information to third parties unaffiliated with Rushing.

• Do Not Track. We do not monitor, recognize, or respond to any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings or signals. Further, we do not authorize third parties to collect any personally identifiable information about individuals who visit our site without separate and express user consent.

• How We Protect Your Information. We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.  Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet or other communication protocols. In particular, email sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.  Additionally, to the extent that we do not foresee a continued business need for all or a part of the Information, we will promptly destroy such Information without retaining copies for our files.

• Important Notices to Non-U.S. Residents.  Rushing conducts its business in the United States and our Site is operated in the United States and intended for customers in the United States. If you are located outside of the United States, please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Site, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.  If the privacy practices described herein do not comply with local laws in your jurisdiction, we ask that you immediately stop use of our Site.  

• Children.  IF YOU ARE 13 YEARS OR YOUNGER, PLEASE DO NOT USE THE RUSHING WEBSITE FOR ANY PURPOSE AT ANY TIME.

The Site is intended for use by adults only.  We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect Information from any child under the age of 13.  If a child under the age of 13 has provided us with Information, a parent or guardian of that child may contact us and request that such Information be deleted from our records.

1. How to Contact Us.  If you have any questions about this privacy policy, please contact us via the information provided in Section 15.

7. Term, Modifications, and Termination

These Terms of Use will be effective as of the date of your first access or use of any portion of our Site or the date of your agreement to these Terms of Use, whichever is earlier, and continue in perpetuity until discontinuation of our Site by Rushing.  

These Terms of Use may be updated, edited, modified, changed, or revised at any time and from time to time in the sole discretion of Rushing.  Changes to these Terms of Use become effective when an updated version of the Terms of Use are posted to our Site.  As such, we ask that you check these Terms of Use periodically for updates.  We will use reasonable business efforts to provide you with notice of an update or change to these Terms of Use, but we are not obligated to provide notice to you.  Each use of our Site constitutes a separate affirmation or acceptance of the Terms of Use in effect at that time, including any changes to these Terms of Use that went into effect since your prior use(s).  The most recent version of these Terms of Use supersedes all previous versions.

Any new features that are added to our Site, including the release of new features, integrations, tools, resources, or applications, will be subject to these Terms of Use. Your continued use of our Site after any such change(s) will constitute your full consent to these Terms of Use with respect to such changes and new features.

8. Third-party Links

Our Site may contain links to other third-party websites or applications, or we may have a relationship with certain third parties for provision of our Site to you, as described herein.  While Rushing endeavors to work with companies that meet our standards for our customers, Rushing does not control such other parties and their websites, and Rushing and its affiliates and agents make no representations whatsoever concerning the content, accuracy, or security of those sites.  The fact that Rushing has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its affiliates, or its providers. Your use of third-party websites and mobile applications is solely at your own risk and you agree to defend and hold Rushing harmless from any loss or damage caused to you or your business through third-party websites.

9. Ownership of Intellectual Property

Our Site is owned by Rushing or its affiliates, but is operated by WordPress (see: https://wordpress.com/).  Certain aspects of our Site, including but not limited to the RUSHING name, the source and object code, software, user interface, images and other like material are protected by applicable United States intellectual property laws and corresponding international treaty provisions.  All content, software, trademarks, service marks, trade names, logos, and icons are proprietary property of Rushing or its affiliates or agents (such as WordPress), or are used by Rushing with permission from third-party owners.  Nothing contained on our Site or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property displayed or contained in our Site without the written permission of Rushing or such third-party that may own the relevant intellectual property. Your use of any intellectual property displayed or contained in our Site, or any other content on our Site is strictly prohibited.  

10. Disclaimer of Warranties

The Site is provided to you “as is.” Your access and use of the Site is at your own risk. To the extent permitted by the law and rules of the applicable jurisdiction, Rushing disclaims all conditions, representations and warranties, express, implied, statutory or otherwise, including any warranties of merchantability, fitness for a particular purpose, title, accuracy of informational content, system integration, non-infringement of third-party rights, quiet enjoyment, and uninterrupted or error free operation.

11. Disclaimer of Liability

To the extent permitted by the law in the applicable jurisdiction, Rushing disclaims liability for any lost profits or income, lost business, or lost data, or for any consequential, indirect, exemplary, punitive, special, or incidental damages arising from or relating to the Site.

12. Indemnification

You agree to indemnify and hold Rushing and its affiliates, agents, employees, owners, directors, managers, and licensors harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person arising out of your violation of these Terms of Use, state or federal securities laws or regulations, your use of the Site, or any other person’s rights, including but not limited to infringement of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will Rushing or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use the Site.

13. International Access; Import and Export

We understand that the Site may be accessible worldwide, including in locations outside the United States.  However, we make no representation that the Site is appropriate or available for use in any location outside the U.S.  We do not represent that Rushing and these Terms of Use will comply with local laws, rules, and regulations in any locations outside the U.S.  You understand and agree that your attempt to access, or your use of, the Site is solely at your own risk and that you are responsible for compliance with local laws, rules, and regulations in your jurisdiction.  If our Site does not comply with your local laws, rules, and regulations, we ask that you stop using or attempting to access the Site.

You further agree not to import or export information through the Site in violation of any applicable laws or regulations of the United States.  You agree to indemnify, defend, and hold Rushing harmless from liability for any violation of any such laws or regulations.

14. Miscellaneous Provisions

1. Applicable Law and Jurisdiction.  These Terms of Use and all future agreements you will enter into with Rushing, unless otherwise indicated on such other agreement, will be governed by the law of the United States of America and the state of Washington, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Rushing or any of its affiliates or agents in the State of Washington or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington.

• Severability.  If any provision of these Terms of Use will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.

• Waiver.  The failure of Rushing to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision. Any waiver of these Terms of Use by Rushing must be in writing and signed by an authorized representative of Rushing.

• Relationship of the Parties.  Nothing contained in these Terms of Use or your use of our Site will be construed to constitute either Party as a partner, joint venturer, employee or agent of the other party, nor will either Party hold itself out as such. Neither Party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other Party, it being intended by both Parties that each will remain independent and responsible for their own actions.

• Entire Agreement.   These Terms of Use constitute the entire agreement between you and Rushing and govern the Terms of Use of your use of our Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Rushing with respect to the Site. Notwithstanding the foregoing, you may also be subject to additional Terms of Use, posted policies, guidelines, or rules that may apply when you use our Site.  

15. Contact Information

We would love to hear from you!  If you have any concerns or questions about these Terms of Use or other matters, please direct your inquiry to:

Rushing, LLC

1725 Westlake Ave N

Suite 300

Seattle, WA 98109

email: [provide contact]

phone: [provide contact]

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