Rush Order, Inc.
TERMS OF SERVICE
Last updated August 18th, 2025
Important scope note: These Terms govern informational use of the public website only. Rush Order’s 3PL, logistics, warehouse, fulfillment, returns, EDI and integration services, and outsourced customer experience (CX) services are not sold via the website and are governed by separate, negotiated agreements (for example, Master Services Agreement, Warehouse Services Agreement, Statements of Work, Service Level Agreements, Rate Cards, and any applicable Data Processing Addenda). If there is any conflict between these Terms and an Enterprise Agreement, the Enterprise Agreement controls for the covered services and deliverables.
1) Acceptance of Terms
By accessing or using the site, you confirm that you have read, understand, and agree to be bound by these Terms and are at least 18 years old and accessing the site for lawful, business purposes. If you do not agree, do not use the site.
2) About Rush Order and the Site
Rush Order, Inc. is a third-party logistics (3PL) and outsourced CX provider. The site provides informational content about Rush Order’s services, facilities, integrations, and a contact mechanism to explore a potential business relationship. Accessing or viewing information on the site does not create a services relationship, offer, or commitment by either party. A services relationship arises only under a fully executed Enterprise Agreement.
Contact details:
Rush Order, Inc.
6600 Silacci Way
Gilroy, CA 95020
Phone: +1 (408) 848-3525
Email: info@rushorder.com
3) No Consumer Sales; End-Customer Interactions
Rush Order does not sell consumer products via the site. If you purchased a product from a brand that Rush Order serves, your sale is with that brand (the Merchant), not with Rush Order. Any product returns, refunds, warranties, or statutory rights are governed by the Merchant’s policies and applicable law. While Rush Order may perform logistics or CX on behalf of Merchants, Rush Order is not the seller of record and is not a party to your transaction with the Merchant. Please contact the Merchant for order-specific matters. If a Merchant directs you to contact Rush Order, Rush Order acts as that Merchant’s service provider under the relevant Enterprise Agreement.
4) Client Portals and Credentials
Where the site links to or hosts login pages for client systems (for example, WMS dashboards or CX and ticketing portals), those secure environments are accessible only to authorized client users under Enterprise Agreements and any portal-specific terms. You are responsible for safeguarding your credentials and for all actions under your account. Notify your Rush Order account team immediately if you suspect unauthorized access or a security issue.
5) Intellectual Property
The site, including all text, graphics, logos, videos, photos, icons, software, and other content (Content) and the Rush Order name and marks are owned by Rush Order or its licensors and protected by intellectual property laws. You may view the site and, for your internal business purposes, download or print a reasonable number of publicly available pages, provided you do not remove any proprietary notices and do not modify or redistribute the Content. All rights not expressly granted are reserved. Third-party marks and logos referenced are the property of their owners; use here is nominative and does not imply sponsorship.
6) Permitted Use; Prohibited Conduct
You agree to use the site only for lawful, informational, and prospective business purposes. Prohibited conduct includes, without limitation: (a) accessing non-public areas without authorization; testing vulnerabilities, bypassing security, or interfering with the site’s operation; (b) scraping or harvesting data except via publicly documented interfaces and only to the extent allowed by applicable law; (c) uploading or transmitting malware, spyware, or other harmful code; (d) spamming or attempting to overwhelm infrastructure; (e) misrepresenting your identity or affiliation; (f) engaging in deceptive, defamatory, or infringing activity; (g) using the site to obtain competitive intelligence in violation of a non-disclosure duty; (h) creating derivative works that reproduce the site’s look or feel; and (i) violating export, sanctions, or other regulatory laws.
7) No Operational Commitments from the Site
Any service descriptions, locations, performance statistics, case studies, articles, or marketing claims on the site are general and informational and may change over time. They are not service guarantees, rate quotes, or commitments. Operational terms such as service levels, fees, inventory handling, kitting or assembly, returns, global node availability, cut-off times, and carrier selections are defined exclusively in Enterprise Agreements.
8) Shipping Carriers, Transportation, and Common Carrier Notice
Rush Order is not a common carrier. Where fulfillment or logistics are performed under an Enterprise Agreement, transportation is arranged with third-party carriers (including small parcel, LTL or FTL, postal, and freight forwarders). Carrier performance, delivery times, surcharges, and loss or damage risk allocation are governed by the relevant carrier’s terms and any Enterprise Agreement provisions addressing carrier selection, risk of loss, and claims procedures. The site itself makes no promises regarding delivery times, rates, or carrier behavior.
9) Submissions, Feedback, and Testimonials
If you submit forms via the site (for example, Contact or Get Started), you agree that your submissions are business-appropriate and accurate and that Rush Order may use them to respond to your inquiry. Non-confidential feedback, suggestions, or ideas may be used by Rush Order without restriction or attribution. Client testimonials displayed on the site are provided by the individuals or organizations identified and do not create warranties or guarantees for any particular customer’s results.
10) Privacy, Cookies, and Communications
Your use of the site is subject to Rush Order’s Privacy Policy, which explains how information is collected, used, and disclosed, and which may be updated from time to time. The site may also use cookies or similar technologies as described in the Privacy Policy. By providing contact information, you consent to receive communications related to your inquiry and any prospective or active business relationship.
11) Third-Party Links, Tools, and Information
The site may link to or mention third-party websites, platforms, or tools (for example, ecommerce platforms, ERPs, EDI tools, and shipping systems). Rush Order does not control those third-party properties and is not responsible for their content, terms, or availability. Use of any third-party property is governed by that third party’s terms and privacy policy.
12) Disclaimers (Website Only)
The site and all public content are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Rush Order disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and accuracy or completeness of site content. Rush Order does not warrant that the site will be uninterrupted, secure, or error-free, or that defects will be corrected. Your use of the site is at your sole risk.
13) Limitation of Liability (Website Only)
To the maximum extent permitted by law, Rush Order and its directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, loss of goodwill, or data loss, arising from or related to your use of (or inability to use) the site. In all events, Rush Order’s aggregate liability for website-use claims shall not exceed US$100 or the amount you paid, if any, to Rush Order for accessing the site in the twelve months preceding the claim, whichever is greater. These limitations apply to the site only and do not amend any negotiated liability allocations in any Enterprise Agreement.
14) Indemnification
You agree to defend, indemnify, and hold harmless Rush Order and its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, and expenses, including reasonable attorneys’ fees, arising from or related to your misuse of the site, your violation of these Terms, or your violation of any rights of a third party.
15) Changes to the Site or Terms
Rush Order may update or discontinue any portion of the site at any time without notice. Rush Order may revise these Terms by posting an updated version with a new Last updated date. Your continued use of the site after changes become effective constitutes acceptance.
16) Governing Law; Venue; Dispute Resolution (Website Only)
These Terms and any dispute arising out of or relating to the site are governed by the laws of the State of California, without regard to conflict-of-laws rules. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California for all disputes not subject to arbitration.
Arbitration (optional, if elected by either party): Either party may elect to resolve any claim related solely to the site by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Santa Clara County, California, in English, before a single arbitrator. Either party may seek injunctive relief in court to protect confidential information or intellectual property. Class actions are waived; arbitrations and court actions shall proceed on an individual basis only. This clause does not modify dispute procedures contained in any Enterprise Agreement.
17) International Use
The site may be accessed worldwide. You are responsible for complying with local laws where you access the site. Rush Order makes no representation that site content is appropriate outside the United States.
18) DMCA and IP Complaints
If you believe content on the site infringes your intellectual property rights, send a notice to info@rushorder.com with: (a) your contact information; (b) identification of the work and allegedly infringing material; (c) a statement of good-faith belief; (d) a statement that the information is accurate and that you are authorized to act; and (e) your physical or electronic signature. Rush Order may remove or disable access to the material in its discretion.
19) Miscellaneous
These Terms constitute the entire agreement between you and Rush Order regarding website use. If a provision is found unenforceable, it will be modified to the minimum extent necessary, and the remainder will remain in effect. No waiver is effective unless in writing. You may not assign these Terms without Rush Order’s consent; Rush Order may assign them in connection with a reorganization, merger, or asset transfer.
20) Contact
Questions about these Terms or the site may be sent to info@rushorder.com or by mail to Rush Order, Inc., 6600 Silacci Way, Gilroy, CA 95020.