Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and RushUp ("RushUp," "we," "us," or "our"). By creating an account, browsing the Club Menu, using your membership card, or otherwise using the RushUp platform at rushup.us ("Service"), you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not access or use the Service. We reserve the right to modify these Terms at any time; continued use after changes constitutes acceptance.

Eligibility & Account Requirements

• You must be at least 13 years of age to create a user account and use the Service.
• You must be at least 18 years of age and have legal capacity to form binding contracts to apply as a Business.
• You must provide accurate, current, and complete information during registration and keep your account information updated.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• You may not create more than one consumer account. Duplicate accounts may be suspended.
• Corporate businesses must represent that the individual submitting the application is authorized to bind the organization to these Terms.

Description of the Service

RushUp operates the RushUp Club: RushUp publishes a menu of fixed member prices ("Club prices"), and independent local Businesses choose which Club prices to offer and what specific item or service they will provide for them ("Club offers"). RushUp itself does not sell, provide, or guarantee any product or service. All Club offers are made and fulfilled by independent third-party Businesses, and all payment happens directly between you and the Business.

Member features: Browse the Club Menu and nearby Club offers, hold a digital membership card, present your card for scanning at redemption, and rate your visits.

Business features (approved accounts only): Offer Club prices with your own item, photo, availability days and hours, per-member usage limits, and daily quantity; pause offers or adjust quantity; scan and validate member cards at the counter.

Club Prices & Redemption

4.1 Membership

• Membership is currently free. RushUp may introduce paid membership tiers in the future with reasonable advance notice; continued use after such notice constitutes acceptance.
• Your membership card is personal to you and may not be shared, lent, sold, or transferred.
• Browsing the Club Menu does not reserve any item; availability is determined by the Business at the time of your visit.

4.2 Redemption

• Club offers may only be redeemed in person at the Business, during the days, hours, and any other conditions the Business has published for that offer.
• Redemption requires the Business scanning your membership card. The scan verifies your membership and enforces any per-member usage limits and daily quantity the Business has set.
• Usage limits (for example "once per week" or "one per customer") are shown on each offer and are enforced automatically; attempting to circumvent them is a violation of these Terms.
• You pay the Business directly at the Club price. RushUp does not process, hold, or refund any payment.

4.3 Availability, Changes & No Refunds from RushUp

• Club offers may end, pause, sell out for the day, or change (subject to RushUp review) at any time. RushUp bears no liability for an offer that is unavailable when you visit.
• Any refund or dispute about a purchase made at a Club price is strictly between you and the Business, subject to the Business's own policies and applicable consumer law.

4.4 Business Honor Obligation

Businesses agree, as a condition of their Business status, to honor their published Club offers (the stated item at the stated Club price) for valid members during the offer's published days and hours, subject to the published usage limits and daily quantity. RushUp is not responsible for a Business's failure to honor a Club offer, but may take action against non-compliant Businesses, including suspension or removal from the platform.

Business-Specific Terms

5.1 Application & Approval

Business status is granted at RushUp's sole discretion following review of your application. Approval is not guaranteed. RushUp may revoke Business status at any time for any reason, including violation of these Terms, consumer complaints, or platform policy changes.

5.2 Content Standards

• All Club offers and associated content (item names, descriptions, photos, conditions) must be accurate, truthful, and not misleading.
• You must have all necessary rights, licenses, and permissions to publish the content and fulfill the Club offer.
• Club offers may not advertise illegal goods or services, adult content, gambling, tobacco, or alcohol in violation of applicable law.
• Club offers must be for legitimate goods or services that the Business is actually capable and willing to deliver at the published Club price.

5.3 Business Liability

Businesses are solely and exclusively responsible for: (a) the accuracy and legality of their Club offers; (b) honoring their published Club offers; (c) the quality and safety of the goods and services they provide; (d) complying with all applicable local, state, and federal laws (including consumer protection laws, health regulations, and business licensing requirements); and (e) any claims, disputes, or liabilities arising from their Club offers or the transactions completed at their premises.

RushUp is not a party to any transaction between a Business and a Consumer. RushUp acts solely as a technology platform and intermediary.

5.4 Intellectual Property

By publishing content on RushUp, you grant RushUp a non-exclusive, royalty-free, worldwide license to display, reproduce, and promote that content on the Service for the purpose of operating and marketing the platform. You retain all ownership of your content.

Acceptable Use & Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable regulation.
• Attempt to redeem Club offers fraudulently, including by circumventing usage limits, using another member's card, or using automated bots.
• Share, sell, transfer, or resell your membership or membership card to third parties.
• Create fake or fictitious Club offers as a Business, or scan member cards for transactions that did not occur.
• Interfere with or disrupt the integrity or performance of the Service or its servers.
• Attempt to gain unauthorized access to any portion of the Service or any related systems or networks.
• Scrape, harvest, or collect data from the Service without express written permission.
• Engage in any conduct that could damage, disable, overburden, or impair the Service.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Harass, abuse, or harm another user or Business.

Violation of this section may result in immediate account suspension or termination, and may be reported to appropriate law enforcement authorities.

Honest Use & Ratings

Members are expected to act in good faith when using the Club. Specifically:

• Use your own membership card, and only for genuine purchases you make in person.
• Ratings may only be left for visits that were actually scanned and completed, and must reflect your honest experience.
• Members who abuse the platform, including circumventing usage limits, misusing cards, or leaving fraudulent ratings, may be subject to suspension or permanent ban, at RushUp's discretion.

Intellectual Property Rights

The RushUp platform, including its design, source code, branding, logos, and user interface (excluding Business-submitted content), is the exclusive intellectual property of RushUp and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms. Nothing in these Terms grants you any ownership interest in RushUp's intellectual property.

DMCA / Copyright Takedown

If you believe any content on the Service infringes your copyright, please send a notice to legal@rushup.us with: (a) identification of the copyrighted work; (b) identification of the infringing content; (c) your contact information; (d) a statement of good faith belief; and (e) a statement, under penalty of perjury, that you are the rights holder or authorized to act on their behalf.

Disclaimers & No Warranties

RushUp does not warrant that: (a) the Service will always be available or error-free; (b) any Club offer will be available when you visit; (c) Businesses will honor their Club offers; or (d) the results obtained from using the Service will be accurate or reliable.

RushUp is not responsible for the conduct of any Business or Consumer on or off the platform.

Limitation of Liability

Because RushUp is provided free of charge, our aggregate liability to you for any claim arising from your use of the Service shall not exceed $0.00 (zero dollars). Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless RushUp and its operator, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) any content you submit, post, or transmit through the Service; or (d) your violation of any third-party rights.

Businesses additionally agree to indemnify RushUp for any claims arising from consumer disputes relating to their Club offers or in-store transactions, including claims of false advertising, failure to honor a published Club price, product or service quality, or any regulatory violations.

Termination & Suspension

RushUp reserves the right to suspend or terminate your account, or your access to any part of the Service, at any time and for any reason, with or without notice, including for violation of these Terms, fraudulent activity, or at our sole discretion for business reasons.

Upon termination: (a) your right to use the Service immediately ceases; (b) your membership card is deactivated and any remaining Club benefits end without compensation; (c) RushUp may retain data as required by applicable law or for legitimate business purposes.

You may terminate your account at any time by contacting support@rushup.us or using account settings.

Dispute Resolution & Arbitration

Governing Law: These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA, without regard to its conflict of law provisions.

Binding Arbitration:Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, with the arbitration taking place in Virginia. The arbitrator's decision shall be final and binding.

Class Action Waiver: YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Exception: Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened misappropriation of intellectual property or breach of confidentiality obligations.

General Provisions

• Entire Agreement: These Terms (together with our Privacy Policy) constitute the entire agreement between you and RushUp with respect to the Service.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
• No Waiver: Failure by RushUp to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign your rights under these Terms without our prior written consent. RushUp may freely assign these Terms.
• Force Majeure: RushUp shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, internet outages, or acts of government.
• Notices: Notices to RushUp must be sent to legal@rushup.us. We may provide notices to you via email or through the Service.

Contact Us

Questions about these Terms? Contact: