Terms of Use

Last updated: August 30, 2018

1.      Legally Binding Agreement

The terms of use (the "Terms of Use") constitute a legally binding contract (the “Agreement”) between you and SURYA TECH, INC. SURYA TECHand its parent companies, subsidiaries, affiliates, representatives, officers and directors (collectively, "SURYA TECH "). The Terms of Use define your legal obligations and rights regarding your use of the websites, mobile software applications, databases, systems, networks, content and all related services (collectively, “Services” and “RUSH”) provided by SURYA TECH within the territory of the entire United States.

SURYA TECH reserves the right to revise and/or remove any of the Terms of Use or add any new terms, or any portion thereof, at the sole discretion of SURYA TECH without prior notice to or confirmation from you. SURYA TECH reserves the right to revise and/or terminate any of the Services or add any new services, or any portion thereof, at the sole discretion of SURYA TECH without prior notice to or confirmation from you. The updated Agreement becomes effective upon its posting by SURYA TECH. The updated edition of this Agreement shall prevail over any previous edition of the agreements between you and SURYA TECH when there is any conflict between them. You agree that you are bound by the updated Agreement when you continue to use the Services after the updated Agreement becomes effective. You should immediately cease your use of the Service if you do not agree to be bound by any Term of Use of the updated Agreement.

Use of the Service will require you to provide certain personal information. SURYA TECH’s privacy policy regarding its collection of use of your personal information is set forth in its Privacy Policy Link.

IF YOU DO NOT AGREE TO any of the terms of use, you should immediately cease using any of the services. Your continued use of any of the services confirms that you agree to be bound by each and every term of use contained herein and you voluntarily choose to use the services. In addition, your continued use of any of the services confirms that you have had the opportunity to seek legal advice from an attorney of your choice, so that the terms of use and their consequences could have been fully read and explained to you by the attorney and that you fully understand the terms of use and the consequence thereof.

 

 

 

THE Arbitration provisions of this Agreement govern how any dispute between you and SURYA TECH is resolved. In particular, any and all disputes between you and SURYA TECH shall be resolved solely through binding and final arbitration on an individual basis, not as a class member or a plaintiff in any class, collective, group or representative proceedings or actions.

 

2.      The Services

The Services include mobile software applications, databases, websites, webpages, customer support and other related services that allows users to offer, locate, engage, schedule, provide and/or receive services. A service is provided by a user (“Service Provider”) to another user (“Service Receiver”) who receives the service. The Services further assists Service Providers to receive compensation from Service Receivers. You expressly acknowledge that your ability to engage a Service Provider through your user of the Service to provide a service to you does not establish SURYA TECH as a provider of such service. You expressly acknowledge that your ability to engage a Service Receiver through your use of the Service to receive your service does not establish SURYA TECH as a provider of such service.

2.1  Intellectual Property

All rights in and to the Services, including patents, trademarks, trade dresses, goodwill, trade secrets, copyrights, confidential information and industrial designs, are exclusively owned by, licensed to or leased to SURYA TECH, its affiliates, its subsidiary or its parents. 

2.2  Limited License

Subject to your complete compliance with the Terms of Use, you obtain a limited, revocable, non-exclusive, non-transferable and non-sublicensable license from SURYA TECH to use SURYA TECH’s mobile software applications, databases, websites, webpages, content and related materials. Any rights that are not expressly granted to you under this Agreement are rights of SURYA TECH and not granted or transferred to you.

2.3  Restrictions

You shall not and agree not to:

(1) copy, reproduce, modify, publish, distribute, publicly display, publicly perform, make derivative work of, stream, transmit, transfer, broadcast, sell, offer to sell, license, offer to license, lease, offer to lease or otherwise violate any copyright and/or trademark of the Services, or any portion thereof;

(2) remove, blur or otherwise modify any patent, trademark, trade dress, confidentiality or any other proprietary notices or marking of the Services, or any portion thereof;

(3) reverse engineer the Services, or any portion thereof;

(4) attempt to, or assist anyone else in any way or form to, gain unauthorized access to or impair the Services;

(5) attempt to, or assist anyone else in any way or form to, scrap or otherwise data mine the Services; 

(6) attempt to, or assist anyone else in any way or form to, hinder or unduly burden the normal operation of the Services;

(7) embed, frame or mirror the Services or any part thereof without express prior written consent from SURYA TECH;

(8) download and/or store content of the Services;

(9) restrict or inhibit any other person or entity from using the Services;

(10) use the Services for any fraudulent or otherwise unlawful purpose;

(11) use the Services to defame, cast in false light, abuse, harass, stalk, threaten or otherwise violate any legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Services;

(12) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services, or express or imply that SURYA TECH endorses any statement you make;

(13) transmit or otherwise make available in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;

(14) use the Service to transport hazardous materials or otherwise dangerous materials;

(15) compensate any Service Provider on any service engaged via the Services without using the Services to process the payment; or

(16) hire or otherwise employ any Service Provider, whom you engage using the Services, for any full-time or part-time position that is out of the scope of your engagement with the Service Provider using the services. If you intend to hire or otherwise employ the Service Provider after she/he performs a service engaged using the Services, you agree to compensate SURYA TECH 25% of the total compensation (“SURYA TECH Compensation”) you provide to the Service Provider during the shorter timeframe of the first 12 months and the entire length of the position. The SURYA TECH Compensation shall be paid within 15 days from the starting time of the position.

2.4  Branding of the Services

You agree that the Services, or any portions thereof, may be provided under SURYA TECH's various brands, either currently known or not. You also agree that the Services, or any portions thereof, may be provided under various brands, either currently known or not, of its affiliates or subsidiaries.

2.5  Third Party Services and Content

Whenever the Services, or any portion thereof, is used in connection with a third party’s products, services or activities that are out of SURYA TECH’s control, you acknowledge that SURYA TECH does not control, subscribe, sponsor, recommend, or otherwise endorse the third party’s products, services or activities, and is not liable, accountable or responsible for any damage or harm the third party might cause you.

3.      Access and Use of the Services

 

3.1  User Profiles and Accounts

The normal operation and use of the Services require you to register and maintain a user account (“Account”). You must be able to enter legally binding contracts under applicable law for you to use the Services. The Services is not provided for individuals under the age of eighteen (18) or the age of legal majority, each of which is referred to herein as the legal age, in a proper jurisdiction of yours. SURYA TECH reserves the rights to temporarily or permanently suspend or delete accounts of users under the legal age. By agreeing to the Agreement and using the Services, you represent and warrant that you are of at least the legal age. SURYA TECH reserves the rights to temporarily or permanently suspend or delete accounts of users who are in breach or violation of any of the Terms of Use.

To register an Account with the Services, you may need to provide to SURYA TECH personal information, such as name, address, age, smart phone number, a financial account for receiving payment and a payment method for transferring fund to SURYA TECH. You agree to maintain accurate personal information the Services. Inaccurate personal information may impair your ability to use the Services, or receive payments for services you provide.

SURYA TECH may conduct certain background checks when you register an Account. Depending on the results of the background checks, SURYA TECH may deny your request to register an Account with the Services.

3.2  User Conduct and Restrictions

You shall not assist, permit or authorize any individuals other than yourself to access your Account or use the Services under your Account. You shall not transfer your Account to a third party. You represent and warrant that you would comply with all applicable laws in connection with the Services. You further represent and warrant that you would only use the Services for lawful purposes. You also represent and warrant that you would only use the Services for providing or receiving lawful services or products.

By agreeing to this Agreement, you represent and warrant that you would not purposely cause, and make reasonable effort not to cause, any property damages, personal harms, annoyance or nuisance as either a Service Provider or a Service Receiver. You acknowledge that you may be requested to present a personal identity document, such as a driver license, when you use the Services, and your use of the Service may be denied when you fail to provide proof of identity.

3.3  E-mail, Text Messaging, Telephone Calls and Push Notification

By agreeing to this Agreement, you acknowledge and consent that SURYA TECH may communicate with you via E-mail message, text messages, telephone calls, push notifications or other means of communications for the purpose of lawful communicating with you using personal contact information in your Account. The Service may allow you to configure the communication from SURYA TECH to you.

3.4  Promotions

SURYA TECH may provide promotional offerings to its users and prospect users. Each promotion may be redeemed for a discounted or free service, and represented by a particular code. The promotional offerings are in the sole discretion of SURYA TECH. SURYA TECH may disable any promotional offering for any reason at any time without notice or liability to SURYA TECH. You agree to only use the promotions pursuant to their specific terms established by SURYA TECH.

3.5  Content Provided by Users

In certain scenarios, you may be allowed to upload and publish textual, audio, images, video clips or other types of user content through the Services. You agree that you will not upload or publish any unlawful, pornographic, obscene, violent, defamatory, libelous, discriminatory or otherwise offensive user content through the Services. In its sole discretion, SURYA TECH may determine and delete offensive user content for any reason at any time. You acknowledge that SURYA TECH shall not bear the duty or responsibility to review, monitor, or delete any of your offensive user content. You further acknowledge that SURYA TECH shall not be responsible or liable for any of your offensive user content.

By uploading the user content to the Services, you agree to grant SURYA TECH the right to reproduce, modify, make derivatives of, publish, distribute, publicly perform, publicly display, stream, transmit, use or otherwise exploit your user content in any way in the sole discretion of SURYA TECH. By uploading the user content to the Services, you also agree to grant SURYA TECH the rights of unlimited free use any trademark and trade dress contained therein worldwide. The granted rights to SURYA TECH shall not require any notice, consent or payment. The granted rights shall be irrevocable, perpetual, transferable, sublicensable and free of any license or sublicense fees.

By uploading and/or publishing your user content to the Services and granting the rights to SURYA TECH, you represent and warrant that you are the sole owner of your user content, or otherwise have the necessary legal rights to upload and publish the user content and grant the rights to SURYA TECH. You also represent and warrant that the user content, the uploading and publishing of the same, and granting the rights to SURYA TECH do not and will not infringe or otherwise violate any law or a third party’s rights, including intellectual property rights, privacy rights, and publicity rights.

3.6  Service Availability

You acknowledge that the Services may sometimes become unavailable due to unavailability, delay or malfunction of the Internet, public cellular networks or other networking systems. At selected times, the Services may be subject to system maintenance or updates. You consent that the Services may not be compatible with any hardware, software and networking systems. You agree to not hold SURYA TECH responsible or liable for any unavailability of the Services.

4.      Financial Payment

You agree that you, as a Service Provider or a Service Receiver, will have to pay fees (the “Service Fees”) to SURYA TECH for your use of the Services. The Service Fees may include applicable taxes, financial charges, late payment fees, certain processing fees and other types of surcharges. The Service Fees and payments of the Service Fees are processed based on the settings of your Account. SURYA TECH will communicate the records of your Service Fees and payments of the Service Fees to you by E-mail messages to an E-mail address of your Account. When your Account has more than one payment method, you consent that SURYA TECH may rely on any one of the more than one payment method to obtain the Service Fees from you. You agree that any payments from you to SURYA TECH are not refundable. It is in the sole direction of SURYA TECH to determine whether to refund any part of a payment to you by SURYA TECH.

You agree that it is solely SURYA TECH’s right to set, revise, adjust and/or remove Service Fees at any time. Discounts and/or promotional offers may only cause temporary adjustments to your Service Fees. A charge may be assessed against you as a Service Fee for cancellation of a service you provide, late performance of a service you provide, unsatisfactory performance of a service you provide, property damage you cause, cancellation of a service you engage for a Service Provider to perform, or other conditions in the sole discretion of SURYA TECH. SURYA TECH will make reasonable effort to notify you of applicable Service Fees that you may be responsible for.

The Service Fees may vary depending various factors, including the types of service you provide or receive, the amount of fees you pay for a service you receive, the amount of fees you receive for a service you provide, your geographical area, the time of the service you provide or receive, and other conditions. You agree that it is your responsibility to pay the entire amount of any Service Fees whether you are aware of them or not. You also agree that it is your responsibility to pay the entire amount of any Service Fees whether you are aware of the amount or not.

You agree that, when you receive a service from a Service Provider, SURYA TECH will charge your Account for a service fee for the service on behalf of the Service Provider. You agree that, when you provide a service to a Service Receiver, SURYA TECH will attempt to collect a service fee for the service you provide from the Service Receiver, and retain a portion of the service fee for your use of the Services in connection with the service. The portion of the service fee that belongs to you is credited to your Account only after SURYA TECH successfully collects the service fee from the Service Receiver. You agree to assume any and all risks in any failure to collect the service fee from the Service Receiver. You also agree that any amount of the collection is first allocated to satisfy the SURYA TECH’s portion of the service fee.

In connection with a service you provide or receive, SURYA TECH shall not be responsible for any amount of costs for: (1) any material purchase; (2) equipment purchase, repair, maintenance, cleaning, part replacement, or loss; (3) property damages; (4) personal injuries; or (5) any other types of expenses. You agree that you are responsible for such costs caused by you.

5.      Arbitration

 

By agreeing to this Agreement, you and SURYA TECH agree to resolve any and all dispute, claim or controversy (collectively, “Claims”) against any party by arbitration on an individual basis. You and SURYA TECH also agree that both parties waive their respective rights to resolve and are precluded from resolving the Claims in a court of law by judges or jury. You and SURYA TECH further waive their respective rights to participate in any class, group, representative, collective or consolidated legal action against the other party to seek any relief. The Arbitration provision shall also apply to the respective parent companies, subsidiaries, affiliates, officers, directors, employees, agents and shareholders of you and SURYA TECH.

5.1  Agreement to Binding Arbitration Between You and SURYA TECH

You and SURYA TECH agree that any Claims arising out of, or otherwise related to, this Agreement, your use of the Services, any service engaged through the Service that is provided by you to a Service Receiver, or any service engaged through the Service that you receive from a Service Provider shall be settled by binding arbitration between you and SURYA TECH. The binding arbitration shall only be on an individual basis. You and SURYA TECH further agree that the Claims shall not be brought in any court of law. You and SURYA TECH each expressly waive the right to (1) a trial by judge or jury or (2) participate in any class action, representative proceeding, consolidated action, collective action or other types of legal actions to resolve the Claims.

5.2  Arbitration Rules and Governing Law

Any arbitration between you and SURYA TECH will be conducted by the American Arbitration Association ("AAA") pursuant to the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") that are in effect at the time the arbitration is initiated. The AAA Rules can be found at www.adr.org or by calling the AAA at 1-800-778-7879.

You and SURYA TECH both agree that the arbitrator of any arbitration proceeding between you and SURYA TECH shall have exclusive authority to resolve any disputes related to the interpretation, enforceability, applicability, and/or formation of the Arbitration provisions of this Agreement. You and SURYA TECH both also agree that the arbitrator shall have exclusive authority to determine whether any of the Arbitration provisions is voidable or void.

Notwithstanding any other provision of this Agreement, you and SURYA TECH both acknowledge, consent and agree that the interpretation and enforcement of the Arbitration provisions are governed by the AAA Rules and the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”). It is the intent of both you and SURYA TECH that the AAA Rules and FAA shall preempt all state laws to the fullest extent permitted by applicable law. When the AAA Rules and FAA are determined to be inapplicable to an issue or are found to not apply to any issue related to any of the Arbitration provisions or the enforcement thereof, this issue shall be governed by the laws of the State of Delaware.

5.3  Location of Arbitration

Unless you and SURYA TECH agree otherwise, any arbitration between you and SURYA TECH will be conducted in the county where you reside. If AAA arbitration is not available in the county, the arbitration will be conducted in the nearest available county where AAA arbitration is available.

5.4  Procedure of Arbitration

Pursuant to the AAA Rules, a party shall provide the other party with a written Demand for Arbitration to initiate an arbitration proceeding. A standard Demand for Arbitration form can be found at the website of AAA www.adr.org or by calling the AAA at 1-800-778-7879. You and SURYA TECH shall make reasonable efforts to attempt to agree upon an arbitrator within 7 days of delivery of the written Demand for Arbitration. If the parties fail to agree upon an arbitrator, the AAA will appoint one.

If your claim is for more than $10,000, your right to a hearing will be determined by the AAA Rules. If the Claim is for $10,000 or less, you and SURYA TECH both agree that the arbitration will be conducted solely on the basis of documents submitted to the Arbitrator by you and SURYA TECH.  In such cases, each party may request to participate in, and participate in a telephonic hearing or in-person hearing. You and SURYA TECH shall participate in any hearing that the Arbitrator determines necessary. Subject to the AAA Rules, the Arbitrator will have the discretion and authority to direct reasonable exchange of information between you and SURYA TECH.

5.5  Arbitrator's Decision and Judgment

You and SURYA TECH each agree that an Arbitrator’s decision and judgment in an arbitration proceeding shall be final and binding on all parties. The arbitrator’s judgment on an arbitration award may be entered in any court having jurisdiction thereof. The decision and judgment shall not have any precedential or collateral estoppel effect unless two arbitration proceedings involve the exact same parties. If you prevail in the arbitration proceeding, you may be entitled to recover your attorneys' fees and expenses to the extent permitted by applicable law. If SURYA TECH prevails in the arbitration proceeding, SURYA TECH will not seek to recover its attorneys' fees or expenses.

5.6  Arbitration Fees

If you begin an arbitration proceeding to resolve a Claim against SURYA TECH, you are then solely responsible for any and all AAA filing fees, arbitrator’s fees, administrative fees and other applicable fees (collectively, “Arbitration Fees”) under the AAA Rules. If your Claim is for $10,000 or less, SURYA TECH will pay the Arbitration Fees unless the arbitrator determines that the Claim is frivolous or brought for an improper purpose as measured by the standards set forth in rule 11(b) of Federal Rule of Civil Procedure.

Unless prohibited or limited by applicable law, each party shall bear its own attorneys’ fees and any costs not unique to the arbitration proceeding.

5.7  Revision

If you choose to reject any changes made by SURYA TECH to the Arbitration provisions of this Agreement, you agree to be required to send SURYA TECH a notice in writing of your rejection within 30 calendar days from the date of such changes. The notice shall expressly state your full name, address and an Account identifier and the changes you reject. The notice shall be provided pursuant to the Notices section of this Agreement. You agree that, after you reject the changes, you are still bound of the Arbitration provisions of this Agreement that are in effect prior to your rejection.

5.8  Exceptions

The right to bring small claims actions in a small claims court is not waived by either you or SURYA TECH. However, you and SURYA TECH agree that each small claims action shall be brought on an individual basis. Claims that may not be subject to arbitration under applicable law shall not be resolved by arbitration.

However, you and SURYA TECH each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

6.      Disclaimers, Limitation of Liability and Indemnity

6.1  Disclaimer

The Services are provided on an "as is" and "as available" basis without any warranties or representations, express, implied or statutory, that are not expressly set forth in this Agreement. SURYA TECH specifically disclaims any and all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement to the fullest extent permitted by applicable law. In jurisdictions, where disclaimer of implied warranties is not permitted, the forgoing disclaimers are asserted by SURYA TECH to the fullest extent permitted by applicable law. SURYA TECH makes no promise, guarantee, warranty or representation concerning quality, availability, reliability, capacity, capability, functionality, features, ease of use, user experience, data integrity, suitability, fitness for a particular purpose, performance, compatibility, security, accuracy, no loss of data or error-free experience of the Services or any third-party services or products the Services use. You agree that you assume any and all risks arising out of, or otherwise related to, your use of the Services, any service engaged through the Service that you receive from a Service Provider, or any service engaged through the Service that you provide to Service Receiver to the fullest extent permitted by applicable law.

6.2  Limitation of Liability

In connection with, or otherwise related to, your use of the Services, any service engaged through the Service that you receive from a Service Provider, or any service engaged through the Service that you provide to a Service Receiver, incidental damages, consequential damages, punitive damages, special damages, indirect damages, exemplary damages, data loss, data breach, property loss, property damages, personal injuries, intellectual property infringement or other types of damages (collectively “Damages”) may incur. SURYA TECH shall not be responsible or liable for any of the Damages. In addition, SURYA TECH shall not be responsible or liable for any of the Damages even if SURYA TECH has notice of a possibility of the Damages or is negligent. SURYA TECH shall not be responsible or liable for any amount of your damages or losses in connection with, or otherwise related to, the unavailability, unreliability, delay, or otherwise failure of the Services for any amount of time for any reason. In jurisdictions, where incidental, consequential and/or other types of damages are not permitted to be limited or excluded, SURYA TECH’s liability to the damages shall be limited to the maximum extent allowed by applicable law.

6.3  Indemnity

You agree to indemnify, defend and hold SURYA TECH and its agents, employees, directors, officers, affiliates, subsidiaries, successors and assigns harmless from any and all claims, lawsuits, actions, demands, losses, liabilities, reasonable attorneys' fees and costs, arising out of or relating to: (1) your use of the Services; (2) your breach of any of the Terms of Use; (3) any services you provide to any Service Receivers; (4) any services you receive from any Service Providers; or (5) your violation of any law or the rights of any third parties. This indemnity clause shall be applicable regardless of any negligence of any third party.

7.      Other Terms

7.1  Governing Law

The Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware, U.S.A., without regard to conflicts of law provisions.

7.2  Submission of Notices of Infringement of Trademark and Copyright

All notices of copyright and trademark infringement should be submitted using the infringement notice submission form link. Please visit Policies and Procedures Link for more information about the policies and procedures regarding intellectual property infringement.

 

7.3  Notices

Notices pursuant to this Agreement may be given to SURYA TECH by certified mail, registered mail, FedEx or UPS to the name and address listed at web page link. SURYA TECH may provide notices to you by first class mail, certified mail, registered mail, FedEx, UPS, text messages to a telephone number in your user profile maintained by SURYA TECH, telephone calls to a telephone number in your user profile maintained by SURYA TECH, and/or electronic mail (“E-mail”) messages to an E-mail address in your user profile maintained by SURYA TECH. Notices shall be deemed received 24 hours (if sent by telephone calls, text messages, or E-mails) or 72 hours (if not sent by telephone calls, text messages, and E-mails) after the notices are sent out.

7.4  Nonwaiver

No Terms of Use of this Agreement shall be adjudged waived unless any such waiver is signed by the party against whom the waiver is asserted. SURYA TECH's failure to enforce any Term of Use of this Agreement or any of its right under this Agreement shall not constitute a waiver of such Terms of Use or right. The waiver by any party of a breach of any Terms of Use of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

7.5  Severability

To the extent permitted by applicable law, you and SURYA TECH hereby waive any provision of law that would render any Terms of Use of this Agreement invalid or otherwise unenforceable in any respect. In the event that any Term of Use of this Agreement is held to be invalid or otherwise unenforceable, such Term of Use shall be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining Terms of Use of this Agreement will continue in full force and effect.

7.6  Assignment

You may not assign any of the Terms of Use or any of your rights and obligations under this Agreement without SURYA TECH's prior express written consent. Any of your assignment without prior express consent from SURYA TECH shall be void. SURYA TECH may assign any of the Terms of Use or any of its rights and obligations under this Agreement without any consent from you to: (1) a successor of SURYA TECH by merger; (2) one or more subsidiaries or affiliates of SURYA TECH; or (3) an acquirer of SURYA TECH's assets, equity or business or assets, or portions thereof.

7.7  No Legal Relationship

This Agreement or your use of the Services does not create or intend to create any joint venture, agency, employment, partnership or franchisor- franchisee relationship between SURYA TECH or you. You and SURYA TECH are solely independent contracting parties under the Agreement. You agree that you do not have any authority to bind SURYA TECH. Furthermore, you agree that you shall not hold yourself out as an authorized representative, agent, employee or officer of SURYA TECH.