TERMS AND CONDITIONS
By agreeing to these Terms and Conditions, you agree to the terms of our Privacy Statement, which is expressly incorporated into these Terms and Conditions. All personal data provided to us as a result of your use of the Site will be handled in accordance with our Privacy Statement.
If you do not agree to the terms and conditions of this Terms Conditions, you should immediately cease all usage of this Site. This Site may not be accessed or used by anyone under the age of 18.
This Site is available only to Accredited Investors who are at least 18 years old. By using this Site, you represent and warrant that you are and individual, 18 years of age or older, able and willing to agree to these Terms and Conditions, and that all information provided to Rush Creek Resources is correct and truthful. If you are using the Website on behalf of an entity, you represent and warrant that you are authorized to accept these Terms and Conditions on behalf of the entity. Investments and certain pages of the website are only accessible to verified Accredited Investors. This will include, but is not limited to, completing a Personal Financial Statement as well as talking with an Investor Relations Manager that can verify that the information provided is truthful. You are responsible for monitoring your account and should promptly report any unauthorized or suspicious activity in your account to us at firstname.lastname@example.org. Rush Creek Resources is not responsible for any unauthorized use of your password and/or account. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion is inapplicable in any such jurisdiction.
The fact that Rush Creek Resources has made the data and services provided on this site available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product, service or offering described on this site is suitable or appropriate for you. Any discussion of the risks contained herein with respect to any transaction you may enter into directly should not be considered to be a disclosure of all risks or complete discussion of the risks related to any such transaction. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make the information available through this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, legal, tax and accounting advisors concerning any contemplated transactions.
The Site is provided by Rush Creek Resources on an “as is” and on an “as available” basis. Rush Creek Resources disclaims all warranties, express, implied or statutory, including without limitation implied warranties of merchantability and fitness for a particular purpose or course of performance or dealing, and any warranties that materials on the site are non-infringing. Rush Creek Resources makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Site in terms of its correctness, accuracy, reliability, or otherwise. Rush Creek Resources does not warrant that the system, services, or any component thereof, will meet the requirements of the user or that the operation of the system, service, or any component thereof, will be uninterrupted or error free. Rush Creek Resources does not warrant that the Site will be secure; that the Site or the server that makes the Site available will be virus-free; or that information on the Site will be complete, accurate or timely. If you download any materials from this Site, you do so at your own discretion and risk. Rush Creek Resources does not undertake any obligation to correct or update any information contained on this Site. Rush Creek Resources shall have no liability for any interruptions in the use of this Site. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion is inapplicable in any such jurisdiction.
LIMITATION OF LIABILITY
You expressly understand and agree that, to the full extent permitted by applicable laws, in no event will Rush Creek Resources be liable for damages, losses and expenses of whatever nature and however arising, including without limitation direct or indirect, special, incidental, consequential, exemplary or punitive damages, losses or expenses, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss, arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Rush Creek Resources or its representatives are advised of the possibility of such damages, losses or expenses. Hyperlinks to or from other internet resources are accessed at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements; the content, accuracy, opinions expressed and other links provided by these resources are not endorsed by Rush Creek Resources. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. Your sole remedy for dissatisfaction with the site and/or information contained on the site is to stop using the site. In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of Rush Creek Resources to you for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise) at any time shall be the lesser of 100USD or the aggregate cumulative amount paid by you to Rush Creek Resources up to and including the time of the incurrence of such liability, if any, to access the Site. You 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.
You agree to indemnify, defend and hold harmless Rush Creek Resources, its parents, subsidiaries, affiliates, officers and employees from any claim or demand, including reasonable attorneys’ and experts’ fees and costs, arising out of your use of this Site, including information made available to you through this Site or the violation of this Terms and Conditions, including any breach of your covenants or agreements hereunder. Rush Creek Resources reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you based on a third-party claim and, in such case, you agree to cooperate with Rush Creek Resources in the defense of such matter.
Unauthorized use of the Site and systems, including, but not limited to, unauthorized entry into Rush Creek Resources systems or misuse of any information is strictly prohibited. You may not use this Site in any manner that could damage, disable, overburden or impair any of Rush Creek Resources site or service or interfere with any other party’s use and enjoyment of any Rush Creek Resources site or service. You may not attempt to gain unauthorized access to any Rush Creek Resources site or service, computer systems or networks connected to any Rush Creek Resources site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Site that are contrary to applicable laws or regulations.
Your “Information” means any information and materials you provide to Rush Creek Resources or other users in connection with your registration for or use of the Site. You are solely responsible for Your Information, and Rush Creek Resources acts merely as a passive conduit for your online distribution and publication of your Information. You hereby represent and warrant to Rush Creek Resources that your use of this Site and your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any state, federal, or local law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Rush Creek Resources or cause Rush Creek Resources to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
This Terms and Conditions will be governed by and construed in accordance with the laws of the State of Texas, without reference to its choice of law principles. The venue for any dispute will be Denton, Texas. The parties each irrevocably waive their right to a trial by jury in any action arising from or relating to these Terms and Conditions.
Rush Creek Resources, LLC
115 Virginia St STE 203
Mckinney, TX 75069
We at Rush Creek Resources, LLC recognize how important protecting your privacy and the information we collect from you are, so we take protecting this information very seriously. The policies, procedures and descriptions described below apply to the collection of, uses and disclosures of your information by Rush Creek Resources, LLC its subsidiaries, affiliates, and third parties. Please read this notice, as it is to explain how and why we collect your personal information.
Information we Collect/Cookies
We collect non-public personal and financial information about you (provided about you and about your usage) while you use this website. This information is received from you when you register for an account, submit a personal financial statement, fill out subscription documents, questionnaires, and visit the website. Information gathered from you and on this website about you includes but is not limited to: name, address, email, phone number, social security number, income, assets, net worth, investment experience as well as any other data related to the investments offered; and information which is required by law to obtain. Bank accounts and other financial information will also be required as funds will need to be transferred to the project that is being invested in and any revenue that is made from the project will need to be disbursed back to you. We do offer the option of sending and receiving all information and money on hard copies and checks through one of the national mailing services. If you elect to proceed with hard copies Rush Creek is not responsible for any information and/or parcels being lost or stolen with your personal information in it. Information about the use and functionality of the website and services are gathered to provide an excellent experience and to improve any areas when and as needed.
Certain information that is supplied must be used to verify user’s eligibility to create an account and view the offering materials and projects, as only “accredited investors” and user’s 18 years of age and older are permitted to invest in these projects and on this website. This information also allows us to help protect your privacy, keep in contact with you and regularly send any information regarding an investment or to disclose pertinent information regarding this website or an investment. This information is confidential and in no way identifies you personally.
We may also collect anonymous information that includes the pages you view on our site, the terms and where you searched to get to our site, your IP address, operating system, and browser software.
We will use the standard cookie feature of major browser applications and other data capture mechanisms that allow us to store data about your visit. Cookies help to show us which parts of our site work well and which don’t. You are able to prevent cookies from being set on your computer by configuring your browser.
Disclosure and Use of Your Information and Confidentiality
Protection and Security
Rush Creek Resources uses commercially reasonable industry standards to include physical, procedural, and electronic safeguards designed to secure your personal and financial information from loss, unauthorized access, disclosure, and unauthorized use.
We, cannot, however, guarantee that any information transmitted to or stored by Rush Creek Resources with us or our third-party services may not be accessed, retrieved, released, or lost by breach of any one or all of our physical, procedural, or electronic safeguards that we employ.
Your information’s security also depends on you and your practices. You will be responsible for suppling a password, do not share this password with anyone and always keep it confidential.
Minors Under the Age of 18
This Website is intended only for adults 18 years of age and older. At no time may anyone under the age of 18 supply any information to the Website. If we find out that we have collected or received personal information from a child under 18 we will delete that information. Please contact us if we might have any information from or about a child under 18.
Rush Creek Resources, LLC
115 Virginia St STE 203
Mckinney, TX 75069