Terms and Conditions
Terms of Service
Effective Date: July 1, 2025
________________________________________________________________________________________________
1. Introduction
Welcome to Ruach Rush ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your access to and use of our website located at www.ruachrush.com ("Website") and any related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.
________________________________________________________________________________________________
2. Eligibility
By using the Services, you represent and warrant that you are at least 18 years old, and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms.
________________________________________________________________________________________________
3. Accounts and Registration
3.1 Account Creation
To access certain features of the Services, you may be required to create an account. You agree to:
- Provide true, accurate, current, and complete information during the registration process.
- Maintain and promptly update your account information to keep it accurate and current.
3.2 Account Responsibilities
You are responsible for:
- Maintaining the confidentiality of your account login credentials.
- All activities that occur under your account.
- Notifying us immediately of any unauthorized use of your account.
________________________________________________________________________________________________
4. Orders and Payment
4.1 Product Availability
All products listed on the Website are subject to availability. We reserve the right to limit the quantities of any products or services that we offer.
4.2 Pricing
Prices for our products are subject to change without notice. We are not liable for any price changes, modifications, or discontinuance of products.
4.3 Payment Terms
- Accepted Payment Methods: Visa, MasterCard, American Express, Discover, PayPal, Affirm, Klarna.
- Payment Processing: Payments are processed securely through Shopify Payments.
- Billing Information: You agree to provide current, complete, and accurate billing information.
4.4 Order Acceptance
We reserve the right to refuse or cancel any order for reasons including but not limited to:
- Product or service availability.
- Errors in the description or price of the product.
- Suspected fraudulent or unauthorized transactions.
________________________________________________________________________________________________
5. Shipping and Delivery
5.1 Shipping Policy
Please refer to our Shipping Policy for information on our shipping.
5.2 Risk of Loss
All purchases are made pursuant to a shipment contract. Risk of loss and title for items pass to you upon our delivery to the carrier.
________________________________________________________________________________________________
6. Returns and Refunds
Please refer to our Return and Refund Policy for information on returns, exchanges, and refunds.
________________________________________________________________________________________________
7. Mobile Terms of Service
The Ruach Rush - Surf, Kite, and Foil Shop mobile message service (the "Service") is operated by Ruach Rush - Surf, Kite, and Foil Shop (“Ruach Rush - Surf, Kite, and Foil Shop”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Ruach Rush - Surf, Kite, and Foil Shop’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Ruach Rush - Surf, Kite, and Foil Shop through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Ruach Rush - Surf, Kite, and Foil Shop. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18776768571 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Ruach Rush - Surf, Kite, and Foil Shop mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18776768571 or email support@ruachrush.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
________________________________________________________________________________________________
8. Intellectual Property Rights
8.1 Ownership
All content on the Website, including text, graphics, logos, images, and software, is the property of Ruach Rush or its content suppliers and is protected by intellectual property laws.
8.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes.
8.3 Restrictions
You agree not to:
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission.
- Use any meta tags or other hidden text using our name or trademarks without our express written consent.
________________________________________________________________________________________________
9. User Content
9.1 Submissions
If you submit or post any content ("User Content") to the Services, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display such content.
9.2 Prohibited Content
You agree not to submit any User Content that:
- Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy.
- Infringes on any intellectual property or other proprietary rights of any party.
________________________________________________________________________________________________
10. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Violating Laws and Rights: Use the Services for any illegal purpose or in violation of any local, state, national, or international law.
- Disruption: Interfere with or disrupt the Services or servers or networks connected to the Services.
- Unauthorized Access: Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services.
________________________________________________________________________________________________
11. Disclaimers and Warranties
11.1 "AS IS" Basis
The Services are provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, expressed or implied, regarding the Services.
11.2 No Warranty
We do not warrant that:
- The Services will meet your specific requirements.
- The Services will be uninterrupted, timely, secure, or error-free.
- The results obtained from the use of the Services will be accurate or reliable.
________________________________________________________________________________________________
12. Limitation of Liability
In no event shall Ruach Rush, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising from:
- Your use or inability to use the Services.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from the Services.
________________________________________________________________________________________________
13. Waiver of Liability & Assumption of Risk
By purchasing and using our products, you acknowledge and accept the inherent risks associated with water sports, and you agree to assume all risks of injury, drowning, death, or property damage arising from your use of these products. You agree to use the products responsibly and at your own risk.
_______________________________________________________________________________________________
14. Indemnification
You agree to indemnify, defend, and hold harmless Ruach Rush and its affiliates from any claims, damages, obligations, losses, liabilities, costs, or debt arising from:
- Your use of and access to the Services.
- Your violation of any of these Terms.
- Your violation of any third-party right, including intellectual property or privacy rights.
________________________________________________________________________________________________
15. Termination
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
________________________________________________________________________________________________
16. Governing Law
These Terms shall be governed and construed in accordance with the laws of the state of Texas and the United States, without regard to its conflict of law provisions.
________________________________________________________________________________________________
17. Dispute Resolution
We encourage customers to first attempt an informal resolution of any dispute by reaching out to our customer support team. Our team will review the issue and respond within 2 business days.
________________________________________________________________________________________________
18. Changes to Terms
We reserve the right to modify or replace these Terms at any time. Changes will be effective immediately upon posting to the Website. It is your responsibility to review these Terms periodically.
18.1 Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in effect.
18.2 Entire Agreement
These Terms constitute the entire agreement between us regarding our Services and supersede any prior agreements.
18.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
________________________________________________________________________________________________
19. Contact Information
If you have any questions about these Terms, please contact us:
- Company Name: Ruach Rush
- Address: 5511 Parkcrest Drive, Suite 103, Austin TX 78731
- Email: support@ruachrush.com
- Phone: 817.857.8493
________________________________________________________________________________________________
Ruach Rush
5511 Parkcrest Drive, Suite 103, Austin TX 78731
