End User License Agreement
END-USER LICENSE AGREEMENT Rush OnDemand Web Application Effective Date: 12/10/2025 Last Updated: April 29, 2026 This Consumer End-User License Agreement (“Agreement”) is a legally binding agreement between you (“Customer,” “Consumer,” “User,” “you,” or “your”) and Rush OnDemand, Inc., a Florida corporation with its principal place of business at 400 N Ashley Dr, Suite 1900, Tampa, FL 33602 (“Company,” “we,” “us,” or “our”), governing your access to and use of the Rush OnDemand mobile application, website, and related technologies (collectively, the “Application” or “Platform”). Capitalized terms used but not defined in this Agreement have the meanings assigned to them in the Rush OnDemand Master Glossary and the Rush OnDemand Terms of Service, both of which are available at https://rushod.com/legal/terms-of-service (together with this Agreement, the “RODI Agreements”). This Agreement supplements, and is expressly subject to, the Terms of Service, Privacy Policy, Cookie Policy, and any additional policies or notices referenced therein or otherwise provided by the Company (collectively, the “Platform Terms”). All Platform Terms are incorporated into this Agreement by reference and apply to your use of the Platform. You must be at least 18 years of age to use this Platform. BY CREATING AN ACCOUNT, ACCESSING OR USING THE PLATFORM, OR CLICKING “I AGREE” (OR ANY SIMILAR MECHANISM), YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL RODI AGREEMENTS. IF YOU DO NOT AGREE, YOU MUST NOT USE OR ACCESS THE PLATFORM. In the event of any conflict or inconsistency between this Agreement and the Terms of Service, the Terms of Service shall control and supersede, and this Agreement shall govern solely with respect to the licensing and permitted use of the Application. For all matters relating to disclaimers, limitation of liability, indemnification, arbitration, dispute resolution, insurance, privacy, and permitted uses of the Platform, the Terms of Service control.
- GRANT OF LICENSE 1.1 License Grant. Subject to your continued compliance with this Agreement and all other applicable RODI Agreements, the Company grants you a limited, revocable, non-exclusive, non- transferable, non-sublicensable license to access and use the Application on your personal devices solely for your personal, household, and non-commercial use. This license is granted solely for lawful use of the Platform to request, manage, and communicate regarding services offered by independent Service Providers. Nothing in this Agreement grants you any ownership interest in the Application, the Platform, or any Company Intellectual Property. The Company may modify, suspend, or revoke this license at any time as permitted under the Terms of Service. 1.2 Restrictions. You may not, and you may not permit any other person to, directly or indirectly use the Application in any manner that: copies, reproduces, modifies, translates, adapts, or creates derivative works of the Application; reverse-engineers, decompiles, disassembles, or attempts to derive any source code, underlying algorithms, or data structures; rents, leases, sells, sublicenses, assigns, publishes, distributes, or otherwise transfers the Application or any rights in it; violates any applicable federal, state, or local law or regulation, or is fraudulent, harmful, or unauthorized; circumvents, disables, damages, or interferes with any security features, access controls, usage- monitoring, or technical protections; uses automated tools, bots, scrapers, crawlers, extraction tools, or similar mechanisms to access or interact with the Platform; attempts to gain unauthorized access to any Accounts, data, systems, or networks; uploads or transmits viruses, malware, or any harmful code; removes, alters, or obscures any copyright, trademark, or proprietary notices; or infringes or misappropriates the rights of the Company, Service Providers, or any third party. Any prohibited use may result in suspension or termination of your Account and license and may expose you to legal liability.
- USER ACCOUNTS AND RESPONSIBILITIES 2.1 Account Creation. To access certain features of the Platform, you must create and maintain an active Account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate and complete. Your use of the Platform, including any personal information you provide, is governed by the Terms of Service, Privacy Policy, Cookie Policy, and the Master Glossary (collectively, the “Platform Terms”). You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You must immediately notify the Company of any unauthorized access or suspected security breach. The Company may suspend or terminate your Account if we believe any information you provided is inaccurate, incomplete, or fraudulent, or if you otherwise violate the Platform Terms. 2.2 User Conduct. You agree to use the Platform only for lawful purposes and in full compliance with all applicable federal, state, and local laws, regulations, and ordinances. Without limiting the generality of the foregoing and in addition to all restrictions described in the Terms of Service, you may not: post or submit false, misleading, deceptive, or fraudulent information; impersonate any person or entity, or misrepresent your affiliation with a person or entity; engage in harassment, discrimination, abuse, threats, or any conduct that may harm others; interfere with, damage, or disrupt the Platform or any systems connected to it; upload or transmit viruses, malware, or any harmful code; access the Platform through unauthorized automated tools, bots, scrapers, or similar technologies; or circumvent, disable, or interfere with any security or access-control features. Any violation of this Agreement or the Platform Terms may result in suspension, termination, or legal action. 2.3 Content Standards. All content, materials, feedback, reviews, communications, or submissions you provide through the Platform (“User Content”) must be accurate, lawful, non- defamatory, non-infringing, and consistent with the Platform Terms. You retain ownership of your User Content; however, by submitting User Content through the Platform, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, display, host, publish, distribute, and otherwise process such User Content for the operation, improvement, and promotion of the Platform, consistent with the Privacy Policy. You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate any law, contractual restriction, or third-party right. The Company may remove or restrict any User Content that violates the Platform Terms or is otherwise objectionable in our sole discretion.
- MARKETPLACE SERVICES 3.1 Marketplace Platform Only. The Platform is an online marketplace that enables Consumers to request services from independent third-party Service Providers. The Company does not provide, perform, supervise, manage, inspect, direct, or control any services offered by Service Providers, nor does the Company employ or contract with Service Providers to perform such services. All services are performed solely by independent third parties who operate their own businesses. You acknowledge and agree that the Company is not a general contractor, specialty contractor, home-repair provider, or service provider of any kind. 3.2 Contractor Relationships. Service Providers are independent contractors and are not employees, agents, representatives, joint venturers, or partners of the Company. The Company does not control, and has no right to control, the manner, means, methods, tools, materials, scheduling, pricing, safety practices, or work processes used by Service Providers. Service Providers determine their own qualifications, pricing, availability, and work practices. Nothing in the Platform Terms shall be construed as creating any employment, agency, joint-venture, or partnership relationship between you and the Company, or between the Company and any Service Provider. 3.3 No Guarantees. Any contract for services exists solely between you and the applicable Service Provider. The Company is not a party to any service agreement, statement of work, payment arrangement, guarantee, or warranty between you and a Service Provider. All risks associated with hiring, communicating with, permitting access to property, and receiving services from a Service Provider are solely between you and that Service Provider. 3.4 No Guarantee or Endorsement. The Company does not guarantee, warrant, endorse, or assume responsibility for the qualifications, licensing, insurance, experience, skill, background, availability, pricing, timeliness, safety practices, work quality, or overall performance of any Service Provider, nor for the accuracy or completeness of any information a Service Provider posts or provides through the Platform. All services are performed solely by independent third parties, and your decision to engage a Service Provider is made entirely at your own risk. You acknowledge that the Company does not supervise, direct, or control the work of Service Providers, and you are solely responsible for determining whether a Service Provider is suitable for your project needs and for conducting any due diligence you consider necessary before hiring or allowing a Service Provider to perform services. 3.5 Screening Limitations. You acknowledge and agree that you are solely responsible for evaluating and selecting any Service Provider you choose to hire through the Platform, and for verifying all information necessary to make an informed hiring decision, including a Service Provider’s identity, qualifications, licensing, insurance, background, reputation, pricing, availability, and suitability for your specific project. Although the Company may make certain information available through the Platform for convenience, such information is provided “as-is,” may be incomplete or outdated, and does not constitute a guarantee, certification, or endorsement of any Service Provider. You understand that the Company does not supervise, monitor, or control Service Providers and that all services are performed entirely at your own risk. It is your responsibility to exercise appropriate caution and due care when interacting with or allowing any Service Provider access to your property.
- PAYMENT AND FEES 4.1 Platform Fees. Access to and use of the basic features of the Platform is free for Consumers. The Company may offer optional premium features, enhanced functionality, or value-added services that require payment of fees. Any such fees will be disclosed within the Platform at the time of purchase. By purchasing or accessing any paid feature, you authorize the Company and its third-party payment processors to charge your selected payment method for all applicable fees. 4.2 Third-Party Payment Processing. Payments between Consumers and Service Providers may be facilitated through integrated third-party payment processors. You acknowledge and agree that the Company is not a party to payment transactions, has no control over payment processor performance, and is not responsible for delays, reversals, holds, funding schedules, identity- verification procedures, or any obligations imposed by banks, card networks, or payment processors. Your use of payment processing services is subject to the separate terms and policies imposed by those third-party providers. Links to such third-party terms are available at https://www.paypal.com/us/legalhub/useragreement-full. By using payment processing services, you acknowledge that you have reviewed and agree to be bound by such third-party terms. 4.3 Independent Payment Relationships. Any payment made to a Service Provider represents a direct payment for services rendered by that Service Provider. The Company does not provide those services, does not guarantee pricing or payment accuracy, and is not liable for any disputes, dissatisfaction, or losses arising out of payment arrangements between you and a Service Provider. 4.4 Refunds. Fees paid directly to the Company (for premium features, optional services, or in- app purchases) are non-refundable unless expressly required by applicable law or stated otherwise in a written refund policy provided by the Company. Notwithstanding the foregoing, if the Company fails to provide any paid service or feature for which you have paid, you will be entitled to a pro-rata refund of the unused portion. The Company is not responsible for refunds relating to payments you make to Service Providers. Any refund disputes regarding Service Provider charges must be resolved directly with the Service Provider. 4.5 Wrongful or Abusive Chargebacks. You agree that you will not initiate any chargeback, reversal, or payment dispute with your bank, card issuer, or payment processor for any legitimate or authorized charge, or for any payment arising from services performed by a Service Provider. Any chargeback submitted in bad faith, in error, or for the purpose of avoiding payment for services you received constitutes a material breach of this Agreement. If you initiate a wrongful, fraudulent, or abusive chargeback, you will be responsible for all resulting costs, including the full amount of the disputed transaction, any associated fees or penalties charged to the Company by payment processors or card networks, administrative or investigation costs, and any reasonable attorneys’ fees and expenses incurred by the Company in responding to or contesting the chargeback. The Company may, in its sole discretion, suspend or terminate your Account, restrict your access to the Platform, or pursue any amounts owed through collection processes or legal action. 4.6 No Liability for Payment Issues. To the fullest extent permitted by law, the Company disclaims all responsibility for payment disputes, chargebacks, reversals, processor decisions, fraud investigations, or any outcomes determined by third-party payment processors or financial institutions. 4.7 Customer Cancellation, Trip, and No-Show Charges. You may cancel a Service Request without charge prior to the assigned Service Provider being dispatched or en route to the service location. If you cancel a Service Request, refuse service, fail to make the property accessible, are not present at the agreed time, or otherwise prevent the Service Provider from performing the requested work after the Service Provider has been dispatched, has departed for the service location, or has arrived on site, you may be charged a cancellation, trip, or no-show fee in an amount determined by the Company in its reasonable discretion to compensate the Service Provider for time, travel, fuel, scheduling, and other documented costs incurred. Such fees may include, without limitation, a flat trip charge, a mileage-based travel reimbursement, a percentage of the quoted job amount, or a combination of the foregoing, as set forth in the Company’s then- current fee schedule or as disclosed within the Platform at or before the time you submit a Service Request. By submitting a Service Request, you authorize the Company and its third-party payment processor to charge the applicable cancellation, trip, or no-show fee to your payment method on file. The Company may, in its sole discretion, waive, reduce, or refund any such fee in cases of documented emergency, Service Provider fault, Platform malfunction, or other circumstances the Company deems appropriate. Disputes regarding the assessment of any such fee are subject to the dispute-resolution provisions of the Terms of Service.
- INTELLECTUAL PROPERTY The Company retains all rights, title, and interest in and to the Platform, the Application, all related software, databases, algorithms, AI systems, user interfaces, graphics, trademarks, service marks, trade names, logos, and all other intellectual property (“Company IP”). Your use of the Platform does not grant you any ownership interest in the Company IP, and all rights not expressly granted to you under this Agreement are reserved. The Platform and all Company IP are protected by copyright, trademark, trade secret, and other applicable intellectual property laws in the United States and internationally. If you submit, upload, transmit, or otherwise provide any reviews, comments, photographs, project descriptions, communications, or other content (“User Content”) through the Platform, you retain ownership of such User Content. However, by submitting User Content, you grant the Company a perpetual, worldwide, royalty-free, fully paid, transferable, sublicensable, non-exclusive license to use, reproduce, modify, host, publish, display, perform, distribute, and otherwise exploit such User Content for any lawful purpose related to the operation, promotion, or improvement of the Platform, all as permitted by the Terms of Service and Privacy Policy. You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate applicable laws or third-party rights. Any feedback, suggestions, enhancement requests, ideas, proposals, or recommendations that you provide regarding the Platform (“Feedback”) are voluntarily submitted. You agree that all Feedback becomes the exclusive property of the Company, and you hereby assign to the Company all rights, title, and interest in such Feedback, including all intellectual property rights. The Company may use, disclose, implement, or incorporate Feedback into the Platform or its business without attribution, approval, notice, or compensation to you.
- PRIVACY AND DATA PROTECTION 6.1 Privacy Policy. Your use of the Platform is subject to the Rush OnDemand Privacy Policy, which is incorporated into this Agreement by reference. The Privacy Policy explains how we collect, use, disclose, retain, and protect Personal Information and other data. By accessing or using the Platform, you acknowledge that you have reviewed and understand the Privacy Policy and agree to its terms. 6.2 Data Security. The Company implements reasonable and appropriate technical and organizational safeguards designed to protect your information against unauthorized access, disclosure, alteration, or destruction, consistent with applicable law and industry standards. However, no method of electronic transmission or storage is completely secure. You acknowledge and agree that the Company cannot guarantee absolute security of your data and that you use the Platform at your own risk. You are responsible for maintaining the security of your own devices, networks, and login credentials, and for promptly notifying the Company of any suspected unauthorized access to your Account. 6.3 Data Retention. The Company retains Personal Information for as long as necessary to operate the Platform, fulfill the purposes described in the Privacy Policy, comply with legal and regulatory obligations, and enforce our rights. When information is no longer required, the Company disposes of or de-identifies it using industry-standard practices and in accordance with applicable laws. These practices may include secure deletion methods designed to prevent recovery of electronic data, physical destruction of media, or anonymization or pseudonymization where ongoing retention is legally necessary. 6.4 Communication Consent. By creating an Account or using the Platform, you consent to receive communications from the Company, including emails, SMS/text messages, push notifications, and in-app messages related to your Account, Platform activity, service updates, legal notices, and other transactional or operational information. You understand that standard message and data rates may apply to SMS or text communications and that you are solely responsible for any such charges assessed by your mobile carrier. You may adjust certain communication preferences in your Account settings; however, transactional or service-related communications may be required for continued use of the Platform.
- ARTIFICIAL INTELLIGENCE DISCLOSURE 7.1 AI-Powered Features. The Platform may use artificial intelligence, machine learning, automated decision-making technologies (“AI Features”), and algorithmic tools to support certain Platform functions. These may include assisting with matching Consumers to Service Providers, organizing and ranking search results, generating suggested project descriptions, detecting fraud or prohibited behavior, providing automated assistance or guidance, and improving the functionality and performance of the Platform. These AI Features operate in accordance with the Terms of Service and the Privacy Policy, each of which is incorporated into this Agreement by reference. 7.2 AI Limitations and Accuracy. AI-generated outputs (including recommendations, matches, rankings, suggested project language, estimates, summaries, or automated support responses) are provided for informational purposes only. They are not professional advice, are not guaranteed to be accurate or complete, and may be incorrect, outdated, biased, or incomplete. You agree that you will not rely solely on AI-generated content when making decisions, hiring Service Providers, or evaluating services, and that you remain responsible for independently verifying all information. 7.3 Human Review and User Rights. Although the Platform uses automated systems, the Company maintains human oversight for account actions that may have a significant impact on access to the Platform. Where required by applicable law (including, without limitation, the Colorado Privacy Act, Connecticut Data Privacy Act, Virginia CDPA, and Oregon Consumer Privacy Act) you may request human review of any automated decision that materially affects your account, visibility, or access to Platform features. The scope and availability of such review are subject to the Privacy Policy and applicable state law. 7.4 AI Training and Data Usage. Personal Information and Platform activity data may be processed to enable and improve the AI Features described in this Section, consistent with the Privacy Policy. The Company does not use Personal Information to train third-party AI models without your express opt-in consent, as required by various state privacy laws. Any AI processing is conducted solely to operate, secure, maintain, and improve the Platform. 7.5 AI Content Responsibility. You acknowledge that AI systems may, on occasion, generate inaccurate, inappropriate, or unexpected content. To the maximum extent permitted by law, the Company disclaims all liability arising from or related to AI-generated content, automated recommendations, or algorithmic outputs. You agree that you are solely responsible for your decisions and actions based on any information obtained through the AI Features and that your use of such features is entirely at your own risk. 7.6 Relationship to the Terms of Service. All AI Features, automated decision-making activities, and related disclosures are governed by and subject to the Terms of Service. In the event of any conflict between this Agreement and the Terms of Service regarding AI, automated processing, or your rights relating to such processing, the Terms of Service shall control.
- DISCLAIMERS AND LIMITATIONS 8.1 SERVICE AVAILABILITY. THE PLATFORM AND APPLICATION ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF IMPLIED, STATUTORY, OR OTHERWISE, ANY KIND, WHETHER EXPRESS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A UPTIME, PARTICULAR NON-INFRINGEMENT, ACCURACY, PURPOSE, AVAILABILITY, OR RELIABILITY. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT GUARANTEE UNINTERRUPTED ACCESS TO THE PLATFORM OR ERROR-FREE OPERATION. 8.2 MARKETPLACE ROLE; CONTRACTOR SERVICES. AS DESCRIBED IN THE TERMS OF SERVICE, THE COMPANY IS A MARKETPLACE FACILITATOR ONLY AND DOES NOT PROVIDE, SUPERVISE, MONITOR, CONTROL, OR GUARANTEE ANY WORK PERFORMED BY SERVICE PROVIDERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, SAFETY, LEGALITY, COST, TIMING, LICENSING, INSURANCE, SKILL, OR COMPLIANCE OF ANY SERVICE PROVIDER OR THEIR SERVICES. ANY SERVICES YOU OBTAIN THROUGH THE PLATFORM ARE PROVIDED SOLELY BY INDEPENDENT SERVICE PROVIDERS, AND YOU ENGAGE SUCH PROVIDERS ENTIRELY AT YOUR OWN RISK. 8.3 LIMITATION OF LIABILITY. ALL LIMITATIONS OF LIABILITY, EXCLUSIONS OF DAMAGES, WARRANTY DISCLAIMERS, RELEASES, AND WAIVERS—INCLUDING THE CALIFORNIA CIVIL CODE § 1542 WAIVER, BACKUP INSURANCE-PROCEEDS CAP, AND FORCE MAJEURE PROVISIONS—SET FORTH IN THE TERMS OF SERVICE ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE AND APPLY FULLY TO YOUR USE OF THE PLATFORM. IN THE EVENT OF ANY CONFLICT BETWEEN THIS AGREEMENT AND THE LIMITATION-OF-LIABILITY PROVISIONS IN THE TERMS OF SERVICE, THE TERMS OF SERVICE WILL CONTROL. 8.4 PERSONAL INJURY AND PROPERTY DAMAGE. To the maximum extent permitted by law, the Company is not responsible or liable for any property damage, personal injury, bodily harm, death, defects in workmanship, or other losses arising out of or relating to: (a) services performed by a Service Provider; (b) your interactions with a Service Provider; or (c) conditions at the service location. You agree that any claims of this nature must be brought solely against the Service Provider who performed the work. 8.5 Customer Responsibility. You are solely responsible for selecting Service Providers, verifying their credentials, exercising your own judgment, and complying with all safety precautions. You acknowledge that the Company has no duty to intervene in customer–provider disputes and no obligation to inspect or validate the quality, safety, or legality of any services. 8.6 Relationship to the Terms of Service. This Section supplements—and does not replace—the disclaimers and liability limitations in the Terms of Service. In all cases, the Terms of Service govern and supersede any inconsistent language in this Agreement.
- INDEMNIFICATION TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY AND ITS PARENTS, AFFILIATES, CONTRACTORS, AGENTS, AND OFFICERS, DIRECTORS, REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ EMPLOYEES, FEES) ARISING OUT OF OR RELATING TO: (A) YOUR USE OF OR ACCESS TO THE PLATFORM OR THE APPLICATION; (B) YOUR VIOLATION OF THIS AGREEMENT, THE TERMS OF SERVICE, OR ANY APPLICABLE LAW; (C) YOUR INTERACTIONS, TRANSACTIONS, OR DISPUTES WITH SERVICE PROVIDERS, INCLUDING ANY SERVICES THEY PERFORM FOR YOU; (D) YOUR SUBMISSION OF INFORMATION, CONTENT, OR MATERIALS THROUGH THE PLATFORM; OR (E) YOUR INFRINGEMENT OR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY. ALL OBLIGATIONS, INDEMNIFICATION PROCEDURES, SCOPE, EXCEPTIONS, AND STATE-SPECIFIC REQUIREMENTS (INCLUDING THOSE UNDER CALIFORNIA CIVIL CODE §§ 2772–2784.5)—ARE FURTHER GOVERNED BY THE COMPREHENSIVE INDEMNIFICATION PROVISIONS CONTAINED IN THE TERMS OF SERVICE, WHICH ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE AND SHALL CONTROL IN THE EVENT OF ANY CONFLICT. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO LIMIT THE COMPANY’S RIGHTS UNDER THE TERMS OF SERVICE, NOR SHALL IT EXPAND YOUR RIGHTS OR DIMINISH YOUR OBLIGATIONS BEYOND THOSE SET FORTH IN THE TERMS OF SERVICE. OBLIGATIONS—INCLUDING DEFENSE
- TERMINATION 10.1 Termination by You. You may terminate your Account at any time by following the account- deletion process within the Platform. Termination of your Account does not cancel, modify, or relieve you of any obligations you have to any Service Provider for services already requested, accepted, scheduled, performed, or otherwise contracted for through the Platform. You remain fully responsible for all outstanding payments, fees, or obligations incurred prior to termination. 10.2 Termination by Company. In addition to any termination rights described in the Terms of Service, the Company may suspend or terminate your Account or access to the Platform at any time and in its sole discretion, including for any violation of this Agreement, the Terms of Service, the Privacy Policy, the Cookie Policy, applicable law, or any conduct the Company determines may harm users, Service Providers, the Platform, or the Company. The Company may provide notice of termination where reasonably practicable, but reserves the right to terminate immediately without notice in cases involving suspected fraud, abuse, security risk, or unlawful activity. 10.3 Effect of Termination. Upon termination of your Account for any reason, your limited license to use the Platform immediately ends, and you must cease all access and use. Termination does not affect any rights or obligations that accrued prior to termination, including payment obligations to Service Providers, indemnification duties, dispute-resolution requirements, and any provisions that expressly or by their nature survive termination. Survival of terms is further governed by the Terms of Service, which control in the event of any conflict.
- DISPUTE RESOLUTION 11.1 Governing Law. This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. To the extent any dispute requires judicial involvement, you consent to the exclusive jurisdiction of the state and federal courts located in Hillsborough County, Florida, subject to the dispute-resolution requirements in the Terms of Service. 11.2 Arbitration; Incorporation of Terms of Service. All disputes, claims, or controversies arising out of or relating to this Agreement, your use of the Platform, or your interactions with Service Providers are governed exclusively by the binding arbitration provisions, class-action waiver, jury-trial waiver, and related dispute-resolution terms set forth in the Terms of Service (“TOS Dispute Resolution Procedures”). Those procedures are incorporated into this Agreement in full and control in the event of any conflict. For consumer disputes, arbitration will be administered under the AAA Consumer Rules unless the TOS specifies otherwise. 11.3 Class Action and Jury Trial Waivers. As further detailed in the Terms of Service, you waive any right to participate in class actions, class-wide arbitrations, private attorney general actions, representative actions, or consolidated proceedings against the Company. You also waive the right to a trial by jury to the fullest extent permitted by law. 11.4 Third-Party Services; Carve-Out. Your use of third-party payment processors, financial institutions, card networks, identity-verification vendors, mapping services, and other integrated third-party providers may be subject to their separate contractual terms and dispute-resolution processes. As provided in the Terms of Service, any disputes that cannot legally be submitted to the Company’s arbitration process due to those third-party requirements are subject to the third party’s rules solely to the limited extent required. 11.5 Survival. All dispute-resolution obligations in this Section survive termination of your Account and termination of this Agreement, as further explained in the Terms of Service.
- GENERAL PROVISIONS 12.1 Entire Agreement. This Agreement is one component of the legally binding Platform Terms governing your use of the Platform. Together, this Agreement, the Terms of Service, the Privacy Policy, the Cookie Policy, and any documents incorporated by reference constitute the entire agreement between you and the Company regarding your use of the Application. In the event of any conflict, the Terms of Service control. 12.2 Amendments; Acceptance of Updates. The Company may update or modify this Agreement at any time as permitted by the Terms of Service. Updated versions become effective when posted to the Platform. Your continued access or use of the Platform after any modification constitutes your acceptance of the updated terms. If you do not agree, you must stop using the Platform. 12.3 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect and will be construed to give maximum lawful effect to the parties’ intent. 12.4 Assignment. You may not assign, transfer, or delegate this Agreement or any rights or obligations hereunder without the Company’s prior written consent. The Company may assign this Agreement, in whole or in part, without notice or restriction, including to affiliates, successors, or purchasers of assets. 12.5 Force Majeure. To the fullest extent permitted by law, the Company is not liable for any delay, failure, or interruption in performance resulting from events beyond its reasonable control, including natural disasters, power or internet outages, labor disputes, governmental actions, or failures of third-party service providers. 12.6 Notices and Contact Information. Notices to the Company regarding this Agreement must be sent to the contact information provided in the Terms of Service. Questions about this Agreement may be directed to: legal@rushod.com. Notices sent by email shall be deemed received on the first business day after the date sent, provided no bounce-back is received; however, for notices of breach, termination, or indemnification claims, a duplicate copy must also be sent by overnight courier. 12.7 Survival. Any provisions that by their nature should survive termination—including Sections relating to license restrictions, user obligations, intellectual property, indemnification, disclaimers, limitations of liability, dispute resolution, and governing law—will survive termination of this Agreement and your Account, as further described in the Terms of Service. This includes but is not limited to Section 1, 3-6, and 8-12. 12.8 Effective Date and Term. This Agreement becomes effective on the date you first access or use the Platform or click "I Accept" or any similar acceptance mechanism, whichever occurs first (the "Effective Date"), and shall continue in effect until terminated in accordance with the Terms of Service or this Agreement. The Company reserves the right to terminate or suspend your access immediately for violation of this Agreement or the Platform Terms. By clicking “I Accept,” “Agree,” or any similar button, or by accessing, installing, or using the Application or any portion of the Platform, you acknowledge that you have read, understood, and agree to be bound by this End-User License Agreement and all other applicable Platform Terms, including the Terms of Service, Privacy Policy, and Cookie Policy. You affirm that you have the legal capacity and authority to enter into this Agreement and consent to the use of electronic records and electronic signatures for all interactions with the Company. The Company will provide reasonable notice of material changes to this Agreement or the Platform Terms by posting the updated terms on the Platform and/or sending notice to your registered email address at least thirty (30) days before the changes take effect. Your continued use of the Platform after the effective date of such changes constitutes your acceptance of the updated terms. If you do not agree to the modified terms, you must the changes. discontinue use of the effective date of the Platform before You acknowledge that the Company may rely on your acceptance as a binding electronic signature under applicable federal and state law (including the ESIGN Act and UETA, as codified in Florida Statutes 668.50). If you do not accept the Platform Terms, you must immediately discontinue all access to and use of the Application.