Terms and Conditions | BullRush Academy

Last Updated: July 10, 2024

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE PLATFORM, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS TERMS OF USE AGREEMENT.

These Terms of Use apply to websites and other online or mobile services, properties, software, or applications that link to this Agreement, including the applications, and services provided by BullRush Entertainment, LLC, BullRush Academy, LLC and its affiliates and subsidiaries (collectively, “Company,” “we,” “us,” or “our”) as well as third-party trading platforms hosted on this Platform (defined below). This Terms of Use Agreement and the policies and documents referenced herein (collectively, the “Agreement”) are a legal agreement between you and us governing your use of our websites and other online or mobile services, properties, software, or applications that link to this Agreement, including our affiliate’s proprietary trading management software, applications, and services owned by us (collectively, the “Platform”). By continuing to use our Platform, you agree that such use is legally sufficient consideration under this Agreement and understand that additional terms may apply during your use of third-party software, applications, and services.

CONTINUED ACCESS AND USE OF THE PLATFORM AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF SAID CHANGES. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY PERIODIC MODIFICATIONS TO IT.

If you are an individual accessing or using the Platform on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (“Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Platform and to any such Organization. By continuing to use the Platform, you agree that your use of the Platform is legally sufficient consideration under this Agreement.

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Highlights of the Agreement

This Highlights section is intended to provide you with a basic overview of the contents of this Agreement. However, please read this entire Agreement for a complete understanding of the terms you are agreeing to. The meaning of capitalized words can be found in the full Agreement. If there is a conflict between the terms of this “Highlights” section and the terms of the full Agreement, the terms of the full Agreement control.
1. Your Agreement with Third-Party Terms
• By signing up and using the Platform, you will be agreeing to other third-party terms.
• We are not responsible for the way in which a Third-Party Platform operates.
Read more about the Third-Party Terms .
2. Our Rights
• All the Content on our Platform are protected by intellectual property rights―you may only make limited use of the Content you find on the Platform, as described below.
• We may block you from accessing our Platform or terminate your Account for any reason.
• We are not liable for third-party content hosted on our Platform, external websites linked to or from our Platform, or errors regarding product information, availability or promotional offers.
Read more about our rights and control of our Platform and Content .
3. Your Use of Our Platform
• Unless otherwise indicated, you may only use our Platform and our Content for your personal use as an individual or on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated.
• While on our Platform, you may not violate any laws, infringe any rights, threaten, harass or impersonate others, or take other actions that harm us or other people or parties.
• You must not attempt to bypass security protections on our Platform, introduce viruses or other harmful code, or use our Platform to attack other websites or services.
• You may not use any part of our Platform, including source code, to develop a competing product.
• If you register for an Account on the Platform, you should keep your password confidential and not allow other people to use your Account.
Read more about what you can and cannot do on our Platform.
4. Users in Certain Geographic Regions
• There are special terms and limitations for users of our Platform who reside in certain geographic regions.
Read the Terms for Users in Certain Geographic Locations.
Read the complete Agreement below.

COMPLETE AGREEMENT
THIRD PARTY PLATFORM TERMS

Notwithstanding other terms regarding third party links or content within this Agreement, by using or accessing a third-party trading platform on our Platform (“Third-Party Trading Platform”), you agree to the third-party terms of the applicable end trading platform(s) listed here (“Third-Party Platform Terms”). We are not responsible, liable, or otherwise in control of these Third-Party Platform Terms and you are solely responsible for understanding your rights, obligations, and liabilities that result from the Third-Party Platform Terms. In the event this Agreement and the Third-Party Platform Terms conflict, this Agreement shall take precedent and govern your use of our Platform, only to the extent that the terms conflict.
Each Third-Party Trading Platform shall be third party beneficiaries to this Agreement and shall have the right to enforce such Agreement directly to the extent they may deem such enforcement necessary or advisable to protect its rights. Additionally, we are third party beneficiaries to any applicable Third-Party Platform Terms, and we have the right to enforce such Third-Party Platform Terms directly to the extent they may deem such enforcement necessary or advisable to protect its rights.
We are providing this Third-Party Trading Platform as a convenience and are in no way responsible or liable for the actions of any Third-Party Trading Platform.

OUR INTELLECTUAL PROPERTY RIGHTS

All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Platform (the “Content”) are protected intellectual property of, or used with permission or under license by, our Company or a Third-Party Trading Platform. Such Content may be protected by copyright, trademark, patent, or other proprietary rights and laws. This includes the entire Content of the Platform, copyrighted and protected as a collective work. All intellectual property rights associated with the Platform, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title, or interest in any Content by accessing or using the Platform or Third-Party Trading Platform. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on the Platform is strictly prohibited.
Subject to your compliance with this Agreement, we grant you a limited license to access and use the Platform and its Content for personal and informational reasons. No Content from the Platform may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Platform or the Content.

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YOUR AUTHORIZED USE OF OUR PLATFORM

While using the Platform, you are required to comply with all applicable statutes, orders, regulations, rules and other laws to which you or the Company may be subject. You may not use the Platform for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Platform or any other party’s use of the Platform.
You are responsible and liable for all actions and failures to take required actions with respect to the Use (including make any copies of) the Platform, Content, or any user manuals, technical manuals, and any other materials provided by Company, in printed, electronic or other form, that describe the installation, operation, use, or technical specifications of the Platform, including updates (“Documentation”) beyond the scope of the license granted by Company or this Agreement and Documentation by you or by any other person to whom you may provide access to or use of the Platform and/or Documentation, whether such access or use is permitted by or in violation of this Agreement. In addition, we expect users of the Platform to respect the rights and dignity of others. For example, you may not do any of the following without our consent:
• Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Platform any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
• Post to or transmit through the Platform any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
• Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Platform or Documentation;
• Combine the Platform or any part thereof with, or incorporate the Platform or any part thereof in, any other programs;
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Platform, or any features or functionality of the Platform, to any third party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (“WAN”), virtual private network (“VPN”), virtualization, time-sharing, service bureau, software as a service, cloud or other technology or service;
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Platform, or express or imply that we endorse any statement you make;
• Violate, or attempt to violate, the security of the Platform;
• Disseminate on the Platform any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
• Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation or gain access to the source code of the Platform;
• Use the Platform or Documentation for purposes of competitive analysis of the Platform, the development of a competing software product, or service or any other purpose that is to the Company’s commercial disadvantage or determine whether the Platform is within the scope of any patent;
• Interfere in any manner with the operation or hosting of the Platform or monitor the availability, performance, or functionality of the Platform;
• Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Platform or to collect any information from the Platform or any other user of the Platform;
• Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices provided on or with the Platform or Documentation, including any copy thereof;
• Provide any other person, including any subcontractor, independent contractor, affiliate or service Company, with access to or use of the Platform or Documentation, unless granted access by Company or otherwise considered an “Authorized User” pursuant to a written agreement with Company or;
• Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Platform.
Linking: You are granted a limited, non-exclusive right to create text hyperlinks to the Platform for informational purposes, provided such links do not portray the Company in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Platform’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Platform for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content. We may revoke these permissions at any time.

Contests

The Company’s computer is the official time-keeping device for the Contest and is synced to the NIST Internet Time Service.

Contest Period

To enter, you must comply with the Contest Trading Rules, defined below. The entrant will need to provide their name, email address, telephone number, physical address to complete an Entry Form and open a Contest Trading Account. The Entry Form and registration for the Contest Trading Account can only be completed via the link provided on our website. Depending on the type of challenge you select, you may be restricted from entering the same challenge more than once. Entrants are prohibited from using multiple names, email addresses, or any other means to violate single entry contests. Any attempt to do so is grounds for disqualification. Use of any macro, bot, script or other automated means to submit entries is prohibited. Entries that are not complete or do not adhere to the Official Rules or specifications may be disqualified at the sole discretion of Company. Unfinished entries will not be acknowledged. The Company is not responsible for lost, late, damaged, delayed, invalid, unintelligible, or misdirected entries all of which will be ineligible to win a prize.

Depending on the contest, you may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the Official Rules. If you use fraudulent methods or otherwise attempt to circumvent the Official Rules, your submission may be removed from eligibility at the sole discretion of Company. In the event of a dispute over who submitted an entry, unless facts and circumstances cause the Company to decide otherwise, the entry will be deemed submitted by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an account by an Internet access Company, on-line service Company, or other organization (e.g., business, educational institution, etc.) that is responsible for the email account.
IMPORTANT NOTE: Standard text messaging, data, and/or other rates may apply to participants who enter the Contest via a wireless mobile device. Please contact your service Company for pricing and service plan information and rates before mobile device participation.
Contest Trading Rules:
Upon successful registration, Company will open a Contest Trading Account in your name. After successfully registering on our website, an Email confirmation will be sent to you. The confirmation will include information about accessing the Trading Platform and the Contest Trading Rules. Each entrant to the Contest will be required to purchase virtual “Credits”. All credits will remain in your wallet for use until you register for a contest, at which time the number of credits required for the challenge will be deducted from your wallet. No actual money will be involved in the Contest Trading Account (the “Account”). All contest trades will be denominated in U.S. currency. The Account is what Company will use to determine an entrant’s trading results in the Contest and to determine if an entrant is eligible for a prize.
Trading Platform Access: Company will provide you with instructions on how to access the platform where you’ll execute your trades during the contest. Company will also provide you with login credentials and instructions on how to execute your trades during the Contest.
Simulated Trading Platform Features: Participants will have access to a range of features, including real-time market data, trading tools, charts, and order entry functions.
Account Management: Participants can view their portfolio holdings, transaction history, and account performance on the trading platform.
Trading Strategy: Participants can develop and implement their own trading strategies using the available tools and resources provided by the trading platform.
Leaderboard Monitoring: Participants are encouraged to regularly check the leaderboard to track their performance and standings against other participants.
Trading Support: Bullrush will provide customer support and assistance for any technical issues or questions related to the trading platform or contest. Contact email is support@bullrush.com.
How to Start Trading: Once you have access to the Trading Platform and the Contest has commenced, you can begin making trades on the platform.
Trading Instruments: Participants can trade the listed instruments available on the Trading Platform.
Trade Types: Participants can engage in buying and selling of the instruments listed on the platform.
Order Types: Participants can place market orders, stop orders and limit orders.
Trading Restrictions: The following trading restrictions apply to the Contest. If we detect that your activity constitutes a violation, your participation in the Contest will be terminated. These restrictions include but are not limited to:
• Exploiting errors or latency in the pricing and/or platform;
• Utilizing non-public and/or insider information;
• Front-running of trades placed elsewhere;
• Trading in any way that creates regulatory issues for the Company;
• Utilizing any third-party strategy, off-the-shelf strategy;
Trade Execution: Trades will be executed based on real-time market prices and available liquidity in the virtual trading environment.
Eligible Products: Any product available on the platform is eligible for trading, unless the contest is conducted for a specific asset or asset class, in which case only that asset or those products within that asset class will be available for trading. BullRush doesn’t not offer trading in anything that can be characterized as a “Security”.
Market Data: The trading data for the Contest is sourced from MarketTrader, providing a comprehensive range of instruments for Participants to trade.
Trade Settlement: BullRush determines the winners of the competition based on the Section below. It is not necessary to close your position before the end of the Contest Period to ensure proper trade settlement. When the competition finishes, we disable accounts and close all pending orders and trades to make the determination of the winners of the prizes.
Competition Types, Winning and Tie Breakers
The Winning and tie breaking logic for our three types of contests; “Highest Profit Factor”, “Highest Win Percentage”, “Most Winning Trades in a Row”, and ROI are listed below:
a) Highest Profit Factor – To qualify for this contest, participants must execute a minimum of 10 trades. The criteria for winning and tie breaking are listed below:
i. Profit Factor: The participant with the Highest Profit Factor will be awarded first place.
ii. Number of Trades: In case of a tie in Profit Factor, the participant with more trades will be ranked higher.
iii. Return %: If there’s still a tie, the participant with the highest Return % will be awarded the prize.
iv. Registration Time: In case of a tie in Return %, the participant who registered first will be ranked higher.

b) Highest Win Percentage – Similar to the Highest Profit Factor category, participants must execute a minimum of 10 trades to qualify. The criteria for winning and tie breaking are listed below:
i. Win %: The participant with the highest Win % will win first place.
ii. Number of Trades: In case of a tie in Win %, the participant with more trades will be ranked higher.
iii. Return %: If there’s still a tie, the participant with the highest Return % will be awarded the prize.
iv. Registration Time: In case of a tie in Return %, the participant who registered first will be ranked higher.

c) Most Winning Trades in a Row – Participants must execute a minimum of 10 trades to qualify for this category. The criteria for winning and tie breaking are listed below:
i. Most Winning Trades in a Row: The participant with the longest streak of winning trades will be awarded first place.
ii. Time of Closing Last Trade: In case of a tie in winning streak, the participant who closed the last trade first will be ranked higher.

Winner Selection and Notification
Winners of the Contests will be determined using the logic above or for new contests, such other clearly defined metric that will be published prior to the commencement of any given Contest. Winnings will be credited to the entrant’s wallet on the platform and notified via email within seven (7) business days following the selection of the winners. Company shall have no liability for a winner’s failure to receive notices due to winner’s spam, junk, or other e-mail security settings or for winner’s provision of incorrect or otherwise non-functioning contact information. All winners have seven (7) business days to complete the Company’s verification process to claim and or withdraw funds. If the selected winners cannot be contacted, are ineligible, or fail to complete the verification process, within seven (7) business days from the time the award notification was sent, or fails to timely return a completed and executed Prize Winner Affidavit of Eligibility, Publicity, and Liability Release as required and by the date specified by Company, prize may be forfeited back to the Company. A Winner may only receive one prize per contest.
Prizes will be awarded upon verification of identification by winners. The winner will be required to execute a Prize Winner Affidavit of Eligibility, Publicity, and Liability Release. The receipt by winner of the prize offered in this Contest is conditioned upon compliance with any and all federal and state laws and regulations.
Verification
Prior to withdrawal, entrants must submit to a verification process to confirm identity using documentary evidence. Multiple pieces of documentary evidence are typically collected, supplemented by non-documentary research to validate the information received.

Contest Rules for Prizes

Prizes are non-transferable and will be deposited to your wallet. In order to withdraw prizes in cash, you must submit to an identification process, referred to as KYC. Withdrawals will be made available via our third-party payment Companies; winners are responsible for providing their accurate information for transmission of funds. Any and all prize related expenses, including without limitation any and all federal, state, and/or local income and withholding taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others is permitted. Acceptance of prize constitutes permission for Company to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
ACCOUNTS
Our Platform allows you to access the Platform via account login credentials specifically assigned to you (“User Account”). Certain sections and features of the Platform are available only to users who have registered for a User Account. We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may not allow other people to use your User Account to access the Platform.
If you maintain a User Account, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your User Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access the Platform in violation of this Agreement. In addition, you agree to sign out from your User Account at the end of each session if you are using a device that is shared with other people.
You agree to notify us of any unauthorized use of your User Account, username, log-in ID, password or any other breach of security that you become aware of involving or relating to the Platform by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Platform, and your User Account, including without limitation, terminating your User Account, changing your password or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION AND ANY UNAUTHORIZED ACCESS IN YOUR USER ACCOUNT.

THIRD-PARTY CONTENT AND LINKS

We may provide links to websites, social media pages, mobile applications or other services operated by other entities on the Platform. If you click these links, you will leave our Platform. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any third-party trading platform. We may maintain a presence on and link to social media websites, including LinkedIn, Twitter, Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our services and to share experiences with our services. When you visit these Social Media Pages, you are no longer on our Platform, but rather a website operated by a third party. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

UPDATES TO THIS AGREEMENT

We may revise or otherwise change or update this Agreement from time to time. Please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of our Platform. Your continued use of the Platform will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Platform, an email to the address we have on file, or a message in your Account.

OTHER POLICIES

This Agreement applies exclusively to your access to, and use of, the Platform and does not alter in any way the terms or conditions of any other agreement you may have with us for software products, services, programs or otherwise. Additional policies and terms may apply to use of specific portions of the Platform and are included as part of this Agreement whether they reference this Agreement or not, including without limitation the Third-Party Platform Terms.
We have also adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Privacy Policy.
We have also adopted a Cookie Policy that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Cookie Policy.
Finally, we have also adopted a Refund Policy that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Refund Policy.
Should we employ you, none of the materials provided on the Platform constitute or should be considered part or of an employment contract or an offer for employment.

IMPORTANT LEGAL TERMS

Risk Statement

Before deciding to participate in financial markets, even simulated ones like ours, you should carefully consider your investment objectives, level of experience and risk appetite. Most importantly, do not invest money you cannot afford to lose. There is considerable exposure to risk in any over-the-counter transaction, including, but not limited to, leverage, creditworthiness, limited regulatory protection and market volatility that may substantially affect the price of the products you are trading on a simulated basis. Moreover, the leveraged nature of over-the-counter trading means that any market movement will have an equally proportional effect on your simulated funds. This may work against you as well as for you. There are risks associated with utilizing an internet-based simulated trading system including, but not limited to, the failure of hardware, software, and internet connection. The Company is not responsible for communication failures or delays when trading on a simulated basis via the internet.
Termination
This Agreement is in effect until terminated by you or us. We may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on the Platform, including in your Account. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any Account information or other credentials, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Platform or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.
The provisions of this Agreement concerning protection of intellectual property rights, authorized use, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
Upon any such termination, (i) you must destroy all Content obtained from the Platform and all copies thereof; (ii) you will immediately cease all use of and access to the Platform; (iii) and we may delete your Account at any time. You agree that if your use of the Platform is terminated pursuant to this Agreement, you will not attempt to use the Platform under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Platform after termination will be a violation of this Section, which survives any termination.

Children

Our Platform is not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under eighteen (18) years of age. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO ACCESS AND USE OUR PLATFORM. If you are under the age of majority in your home state, which is eighteen (18) years in most states, you may not establish an Account with us, and you should use our Platform only with the supervision of a parent or guardian who agrees to be bound by this Agreement.

Disclaimer of Warranty

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF THE CONTENT AVAILABLE ON THE PLATFORM, OR ANY OTHER SITES LINKED TO OR FROM THE PLATFORM. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE PLATFORM IS DONE AT YOUR OWN RISK. THE CONTENT OF THE PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
WE AND/OR ANY THIRD-PARTY TRADING PLATFORMS ARE NOT LIABLE IN ANY WAY FOR (A) ANY INACCURACY OF, ERROR OR DELAY IN, OR OMISSION OF THE CONTENT; ANY LOSS OR DAMAGE ARISING FROM OR OCCASIONED BY (I) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH CONTENT; (II) INTERRUPTION IN ANY SUCH CONTENT DUE EITHER TO ANY NEGLIGENT ACT OR OMISSION TO ANY “FORCE MAJEURE” (E.G., FLOOD, EXTRAORDINARY WEATHER CONDITIONS, EARTHQUAKE OR OTHER ACT OF GOD, FIRE, WAR, INSURRECTION, RIOT, LABOR DISPUTE, ACCIDENT, ACTION OF GOVERNMENT, COMMUNICATIONS OR POWER FAILURE, EQUIPMENT OR SOFTWARE MALFUNCTION), OR III) TO ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF US AND/OR ANY THIRD-PARTY TRADING PLATFORMS, OR (IV) NON-PERFORMANCE. NEITHER WE NOR THIRD-PARTY TRADING PLATFORMS MAKE ANY REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES AS TO THE ACCURACY OR TIMELINESS OF ANY PRICE QUOTES.

Limitation of Liability

WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, AND SERVICE COMPANYS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE PLATFORM, THE PLATFORM’S CONTENT, OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.
RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU PURSUANT TO A WRITTEN AGREEMENT IN THE SIX (6) MONTHS PRECEDING THE CLAIM OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

Indemnity

You agree to indemnify, defend and hold us and the Releasees and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with the Platform; or (iii) the Content or other information you provide to us through the Platform. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Consent to Communication
When you use the Platform or send communications to us through the Platform, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Platform. We may communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by creating a User Account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.

Assignment

We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.

No Chargebacks

You agree and understand that the charges on a credit card or payment for any items purchased through Bullrush are irrevocable, undisputable and may not be charged back, contested or challenged now or in the future, and that doing so is a material breach of this agreement for which Bullrush would be entitled to attorney fees, costs and fees associated with addressing a chargeback in addition to the amount challenged. You also risk the forfeiture of your account and any proceeds therein. Bullrush shall have at its sole disposal any other legal remedy it independently chooses to pursue for any collection against you for the cost of the chargeback. You also agree that your proof of purchase by Bullrush is all that is necessary to establish to the credit card agency or banking institution to deny a chargeback.

Force Majeure

The Company shall not be liable to you for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused, directly or indirectly, by any events, actions or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorneys’ fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), natural disasters, acts of God, market conditions, inability to communicate with any relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or computer facility, whether belonging to the Company, you, or third-party service provider.

Government End Users

Products or services provided under this Agreement are designed and intended for use by non-government entities and individuals. Use by or on behalf of a Government End User as defined under 15 C.F.R § 772.1 is strictly prohibited and requires prior written authorization from us. If authorization is granted by us, the authorized Government End User must abide by applicable regulations, including but not limited to regulations in 48 C.F.R Chapter 1 and 41 C.F.R §§ 60-1.4(a), 60-300.5(a), and 60-741.5(a).

DISPUTES, ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.

Any dispute, claim or controversy, including those known or unknown that may be later discovered, arising out of or relating to this Agreement, the Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in Palm Beach County, Florida before one arbitrator or submitted to small claims court in Boca Raton, Florida. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules.

No Class Actions: YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: Bullrush Entertainment LLC, 701 S Carson Street, Suite 200, Carson City, NV 89701. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or us may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Coordinated Proceedings: If 25 or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and our counsel for shall each select five cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against us. Individuals bringing Coordinated Claims shall be responsible for up to $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.

Governing Law and Rules: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
Severance of Arbitration Agreement. If the clauses concerning and describing the procedures and obligations related to Coordinated Claims and Test Case procedures is or becomes invalid or unenforceable, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying or otherwise describing the arbitration agreement shall be severed from this Agreement. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.

TERMS FOR US USERS IN CERTAIN GEOGRAPHIC LOCATIONS

New Jersey Residents

If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c) Indemnity; and (d) under Disputes, the Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using this Platform, you agree that these California Civil Code Section 1542 protections no longer apply to you.

TERMS FOR INTERNATIONAL USERS

The Platform may only be available in the territory to which the Platform is directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON THE PLATFORM, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PLATFORM IDENTIFIED ON THE PLATFORM, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE PLATFORM IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE PLATFORM OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Platform do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.
Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. This Agreement does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND WE RESERVE THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit the Platform’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. This Agreement, as well as all other documents related to it, including notices and correspondence, will be in the English language only.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:

Australia

Where any Act of Parliament implies any condition or warranty in relation to your use of the Platform and that Act prohibits exclusion of that term, then that term is included. To the maximum extent permitted by law, our liability for any breach of such a non-excludable term is limited to the supplying of the products or services again.

Canada

L’acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.

Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.
Dispute Resolution: The arbitration requirements of this Agreement will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.

Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.

Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Platform, please send an e-mail to compliance@bullrush.com. You may also contact us by writing to 930 S. 4th St, Suite 209, Las Vegas, NV 89101.

European Union

Children: You may not use the Platform if you are under the age of 18.

Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN THE AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.

Japan

Any intellectual property rights vested in us under these terms will include the rights set forth in Article 27 (Right of Adaptation) and Article 28 (Original Author’s Right in Derivative Works) of the Copyright Act of Japan, Act No. 48 of May 6, 1970. Further, you agree not to exercise against us any moral rights you may have, including, without limitation, the feedback or suggestions.
Each Party represents and warrants that it (a) is not an anti-social force (meaning here and hereinafter, gangsters, anti-social forces, and others equivalent thereto) and (b) does not have any exchange or involvement with anti-social forces, such as cooperation or involvement in the maintenance, operation, or management of anti-social forces, through funding or other means.

United Kingdom

Children: You may not use the Platform if you are under the age of 18.
Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK POST BREXIT). THE AGREEMENT TO ARBITRATE IN THIS AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.

CONTACTING US

If you have questions about this Agreement, or if you have technical questions about the operation of the Platform, please contact us by emailing us at support@bullrush.com or by writing us at701 S Carson Street, Suite 200, Carson City, NV 89701. If you have any questions or comments about our Company or our products or have other customer service needs, please contact us at support@bullrush.com.

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