Terms of Use
The Rhino Rush 3GS LLC Terms of Use Policy
Last Updated: September 1, 2023
Rhino Rush 3GS LLC, a Texas limited liability company, (“Rhino Rush 3GS,” “Rhino Rush”, “we”, “us”, “our”), and its business partners, affiliates, subsidiaries, and agents (collectively the “Affiliates”) welcome you to its website (“Site”), located at www.rhinorush.com.
These Site Terms of Use (“Agreement”), our Privacy Policy, and our Terms of Sale constitute a legally binding agreement between Rhino Rush 3GS LLC and you, whether personally or on behalf of an entity you represent (“You”) so please read them carefully. This Site is hosted on Shopify Inc. Shopify Inc. provides Rhino Rush 3GS with an online e-commerce platform that allows Rhino Rush 3GS to sell our products and services to you.
By accessing or using this Site You acknowledge that You have read, understand, and agree to be bound by these terms and Rhino Rush 3GS LLC’s Privacy Policy, which explains how Rhino Rush 3GS LLC collects and shares the personal information and data you provide to Rhino Rush 3GS LLC and our Terms of Sale.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE REQUIRED TO USE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
If You do not agree to be bound by these terms You may not use this site or purchase any products.
The site “www.rhinorush.com” is a direct-to-consumer retail outlet. This Site is intended for the purchasing, education, and marketing of Rhino Rush products.
To access this Site, or some of the resources it offers, You may be asked to provide certain details or other information. It is a condition of Your use of this Site that all the information You provide on this Site will be correct, current, and complete. If Rhino Rush 3GS LLC believes the information You provide is not correct, current, or complete, Rhino Rush 3GS LLC has the right to refuse You access to this Site or any of its resources and to terminate or suspend Your access at any time.
The right to purchase items from the Site is solely for personal use and not for any commercial use or use on behalf of any third party, except as expressly permitted by Rhino Rush 3GS LLC in its sole discretion.
You may only use this Site for purposes expressly permitted by this Agreement.
As a condition of Your use of Rhino Rush 3GS LLC’s Site, You warrant to Rhino Rush 3GS LLC that You will not use the Site for any purpose that is unlawful or prohibited by this Agreement. For example, You may not (and may not authorize any party to) (i) co-brand this site, (ii) frame this Site, or (iii) use the Site for any commercial purpose without the prior written permission of an authorized representative of Rhino Rush 3GS LLC. For purposes of this Agreement, “co-branding” means to display a name, logo, or trademark, in such a manner as is reasonably likely to give a user the impression that such a party has the right to display, publish, or distribute this site or content accessible within this site. In addition, You may not use Rhino Rush 3GS LLC’s Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.
Rhino Rush 3GS LLC maintains and operates this Site from its offices in Idaho, United States of America. These Terms of Use are governed and interpreted under the laws of the State of Idaho, United States of America. By using this Site, you consent to the jurisdiction of the courts located in Idaho for any action arising from these Terms of Use.
If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. Rhino Rush 3GS LLC's failure to act with respect to a breach of these Terms of Use by You or others does not constitute a waiver and shall not limit Rhino Rush 3GS LLC's rights with respect to such breach or any subsequent breaches.
Rhino Rush 3GS LLC makes no representation that the materials are appropriate or available for use outside the United States. This Site is for residents of the United States only. This Site is not intended for use by, or to provide any information to, users outside of the United States. Rhino Rush 3GS LLC reserves the right to require proof of residence from any user accessing the Site and requesting information. You agree to comply with all laws and regulations applicable to Your use of this Site.
Trademarks, service marks, logos, and copyrighted works (including the collection and arrangement of content) appearing on this Site are the property of Rhino Rush 3GS LLC or the party that provided the trademarks, services marks, logos, and copyrighted works to Rhino Rush 3GS LLC. Except as provided in this Agreement, Rhino Rush 3GS LLC does not grant You any express or implied right to any patents, trademarks, copyrights, or trade secret information.
In accordance with the Limited Liability section of this Agreement, as part of the use of this Site, You agree not to bring any claim against Rhino Rush 3GS LLC, its affiliates, officers, directors, employees, agents, sponsors, third-party content providers, licensors, licensees or the like for any claim of intellectual property infringement.
This Site may provide a link to other websites by allowing You to leave this Site to access third-party material (“Linked Site”). Certain areas of the Site may allow you to interact or conduct transactions with such Linked Sites, and, in certain situations, you may be transferred to a Linked Site through a link, but it may appear that you are still on this Site. Rhino Rush 3GS LLC is not related to, nor does it have the discretion to alter, update, or control the content on a Linked Site. Rhino Rush 3GS LLC has not reviewed Linked Sites and is not responsible for the content of those sites. The fact that Rhino Rush 3GS LLC has provided a link to a website is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its owners, or its providers. You access any Linked Sites at Your own risk. Rhino Rush 3GS LLC makes no representations or warranties about the content, completeness or accuracy of these Linked Sites. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on this Site. Rhino Rush 3GS LLC is not responsible for such provisions and expressly disclaims all liability related to such provisions.
While Rhino Rush 3GS LLC uses reasonable efforts to include accurate and up-to-date information throughout the Site, RHINO RUSH 3GS LLC MAKES NO AND DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, OR OTHERWISE WITH RESPECT TO SUCH INFORMATION, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OMISSIONS OR ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL ERRORS, AND TECHNICAL ERRORS) IN THE INFORMATION CONTAINED ON THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, AND PRODUCTS CONTAINED IN THE SITE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ARISING OUT OF THE COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE.
In addition, Rhino Rush 3GS LLC disclaims, to the fullest extent permitted by applicable law, (a) any endorsement of or liability for content and hyperlinks; (b) inaccuracy, incompleteness, or timeliness of the site; (c) the transmission of viruses or the occurrence of data corruption; and (d) damages as a result of the transmission, use or inability to use the Site, including the unavailability of the Site, or circumstances over which the organization has no control.
You understand and agree that the operation of the Site may involve bugs, errors, problems, or other limitations. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RHINO RUSH 3GS LLC MAKES NO, AND DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SUFFICIENCY OF THE SECURITY MEASURES USED FOR DATA HANDLING AND STORAGE, AND WE WILL NOT BE RESPONSIBLE FOR ANY ACTUAL, CONSEQUENTIAL SPECIAL OR INCIDENTAL DAMAGES THAT RESULT FROM A LAPSE IN COMPLIANCE WITH OUR POLICIES BECAUSE OF A SECURITY BREACH OR TECHNICAL MALFUNCTION.
By using the Site, you agree that Rhino Rush 3GS LLC, to the fullest extent permitted by applicable law, shall have no liability whatsoever to you arising from or relating to Your use of the Site or use of any information accessed through the Site or products purchased through the Site. No advice or information, whether oral or written, obtained by You from Rhino Rush 3GS LLC through the Site shall create any warranty, representation, or guarantee of any kind.
Rhino Rush 3GS LLC is not responsible for the contents of any information posted by any third party on the Site, including but not limited to the information appearing on any review, any community and/or aggregation pages, any linked sites, or any link contained in a linked site, or any changes or updates to such sites.
IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL RHINO RUSH 3GS LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE INFORMATION CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION.
You specifically acknowledge and agree that neither Rhino Rush 3GS LLC nor its suppliers shall be liable for any defamatory, offensive, or illegal conduct of any user of the Site. Your sole and exclusive remedy for any of the above claims or any dispute with Rhino Rush 3GS LLC is to discontinue your use of the Site. You and Rhino Rush 3GS LLC agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the limitations set forth herein may not apply to You.
Except to the extent prohibited under applicable law, You will indemnify and hold Rhino Rush 3GS LLC, our subsidiaries, parents, affiliates, officers, directors, shareholders, legal representatives, agents, and other partners and employees, harmless from loss, liability, costs, damages or expenses from any and all claims, actions, and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character by reason of (i) Your use of the Site; (ii) Your breach or alleged breach of this Agreement, the our Terms of Use, or our Terms of Sale and/or any breach or alleged breach of Your representations and warranties set forth in this Agreement, the our Terms of Use, or our Terms of Sale; (iii) Your participation in any offline Rhino Rush 3GS LLC event; Your violation of any law or the rights of a third-party; Your misuse of any product purchased on this Site; and (iv) any acts or omissions by You or on Your behalf with respect to any Content posted on or aggregated to the Site by You and/or any third party.
You consent to receive electronic communications from Rhino Rush 3GS LLC and agree that Rhino Rush 3GS LLC may communicate with you by phone, email, or by SMS text message. You understand that message and data rates may apply.
You agree that Rhino Rush 3GS LLC may treat specific actions by You (such as checking boxes to receive email updates, sending an email directly or through the Site, sending a text message, or leaving a telephone message with an email address for customer service, etc.) as a request that Rhino Rush 3GS LLC communicates personal or financial information with you by unencrypted email.
You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and You agree that when You request that we send You email You are authorizing Rhino Rush 3GS LLC to transmit and disclose your information (including your personal or information) in an unencrypted manner.
You further acknowledge that emails sent with this information are not stored in a secure manner.
Rhino Rush 3GS LLC reserves the right to terminate Your access to any part or the entire Site at any time without notice for any reason whatsoever. Rhino Rush 3GS LLC also reserves the right, always, to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. Rhino Rush 3GS LLC reserves the right to seek all remedies available at law and in equity for any violation of this Agreement.
You agree that no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship exists as a result of this Agreement or Your use of the Site. You acknowledge that You do not have the authority or power to bind Rhino Rush 3GS LLC. In no event shall Rhino Rush 3GS LLC be liable for any representation, act, or omission made by You. The parties further agree that nothing in this Agreement is intended, or shall be construed, as granting any rights to third parties.
If, at our request, you send certain specific submissions (for example contest entries or product reviews) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, sublicense, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
This Agreement, together with our Privacy Policy and Terms of Sale, constitute the entire agreement between Rhino Rush 3GS LLC and You with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Rhino Rush 3GS LLC with respect to this Site. If for any reason a court of competent jurisdiction finds any provision of this Agreement, our Privacy Policy, or our Terms of Sale or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, our Privacy Policy, and our Terms of Sale and the remainder of this Agreement, our Privacy Policy, and our Terms of Sale shall continue in full force and effect. Any failure by Rhino Rush 3GS LLC to enforce any provision of this Agreement shall not constitute a waiver of any rights under such provision or any other provision of this Agreement.
Any use of this Site in violation of the foregoing violates these Terms of Use and may result, among other actions, in termination or suspension of Your rights to use the Site. Any decision as to whether User Content violates these Terms of Use or Rhino Rush 3GS LLC’s policies will be made at Rhino Rush 3GS LLC’s sole discretion.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (e.g., password-guessing programs, cracking tools, or network probing tools) is strictly prohibited.
If You become involved in any violation of system security, Rhino Rush 3GS LLC reserves the right to release Your details to system administrators at other sites to assist them in resolving security incidents. Rhino Rush 3GS LLC reserves the right to investigate suspected violations of this Agreement. Rhino Rush 3GS LLC reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Rhino Rush 3GS LLC to disclose the identity of anyone posting, publishing or otherwise making available any materials that are believed to violate this Agreement.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS RHINO RUSH 3GS LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RHINO RUSH 3GS LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER RHINO RUSH 3GS LLC OR LAW ENFORCEMENT AUTHORITIES.
In the event of any controversy or claim arising out of or relating to these this Agreement, our Privacy Policy, our Terms of Sale, or any breach thereof, such controversy or claim shall be determined and finally settled by confidential, binding arbitration, conducted in English, held in Ada, Idaho, administered by the American Arbitration Association (“AAA”) before a sole arbitrator in accordance with the then-current AAA Commercial Arbitration Rules. The award rendered by the arbitrator shall be final and binding on the parties thereto, and judgment thereon may be entered in any court of competent jurisdiction. Any claimants must file an individual request for arbitration, specifying such claimant’s identity, such claimant’s counsel, and a detailed description of the legal claims being asserted and the requested relief, including a good faith calculation of the specific amount in dispute. Nothing in this Section shall prevent either party from applying to a court of competent jurisdiction for equitable or injunctive relief.
Any claims that You assert under these Terms will be brought on an individual basis only and not on a class, consolidated, representative or collective basis. Only individual relief is available for controversies and claims arising out of or relating to these Terms, or any breach thereof, and You agree that class arbitrations and class actions are not permitted under any circumstances. You understand that, by agreeing to these Terms, You are waiving the right to participate in any form of class arbitration and/or class action.
Questions, comments, requests, and complaints regarding this Terms of Use and the information we hold are welcome.
By email: info@rhinorush.com
By mail: 1445 W Commerce Ave Suite 120, Boise, ID 83705
By phone: 1-800-983-3326
The link to our Terms of Use is available at: https://rhinorush.com/pages/terms-and-conditions
Rhino Rush 3GS LLC may revise this Agreement at any time and You agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this Site. It is Your responsibility to return to this Agreement from time to time to review the most current Terms of Use. Rhino Rush 3GS LLC does not, and will not, assume any obligation to notify You of changes to this Agreement.
You agree to be bound by any affirmation, assent, or agreement You transmit through this Site, including but not limited to any consent You give to receive communications from Rhino Rush 3GS LLC solely through electronic transmission. You agree that when in the future, You click on an “I agree”, “I consent” or other similarly worded button or entry field on this Site, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
This agreement was last updated on September 1, 2023.