Please read these Terms of Use (the “Terms of Use”) before accessing or using the website located at https://www.rushmarket.com (the “Site”) or The Rush Market Mobile Application (the “Mobile Application”). This Site and the Mobile Application are maintained, operated and offered by The Rush Market, LLC., and its affiliates and subsidiaries (collectively, “The Rush Market”). By downloading the Mobile Application or accessing or using the Site or any services offered or materials available thereon, you, the user, are agreeing to be bound by the terms and conditions set forth herein, as well as any changes made thereto that The Rush Market may publish from time to time. If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site or the Mobile Application. The Rush Market may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site and the Mobile Application constitutes your acceptance of the changes. Your access and use of the Site and the Mobile Application will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” to view the then-current terms. If you breach any of the Terms of Use, your authorization to access or use this Site or the Mobile Application automatically terminates.

 

THE SITE

The Rush Market makes the Site, the Mobile Application and the Products, Materials and Services available for your access, download and/or use, subject to these Terms of Use. “Materials” means all information, data, documents (e.g. datasheets, technical information publications, product updates, customer service updates, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, advertising materials, promotional materials, contest materials, and pricing information, made available or enabled via the Site by The Rush Market. “Services” means all services and resources offered, made available or enabled via the Site and the Mobile Application by The Rush Market, or third party service providers featured on the Site or through the Mobile Application. “Products” means all products and goods offered, made available, advertised or enabled via the Site by The Rush Market, or third party product providers featured on the Site and the Mobile Application.

 

QUALITY, ACCURACY AND COMPLETENESS

The Rush Market attempts to ensure that the Products, Materials, Services and other information featured on this Site and on the Mobile Application are complete, accurate and current. Despite these efforts, the Products, Materials, Services and other information contained on this Site or the Mobile Application may occasionally be inaccurate, incomplete or out of date. The Rush Market makes no representations as to the completeness or accuracy of the Products, Materials, Services and other information, advice or recommendations made available on this Site or through the Mobile Application, nor does it make any representations or warranties as to the quality or safety of any Products, Services, Materials or third party products or services offered or made available via the Site or the Mobile Application.

 

CONSENT TO EMAIL AND MOBILE COMMUNICATIONS

When you visit the Site, access the Mobile Site or send an email to us, you are communicating with us electronically and are therefore consenting to our electronic communication to you. Therefore, you agree that, upon such election, we may communicate with you by email, text message or by posting notices to the Site, or by providing you with communications via the Mobile Application. You agree to be bound by the following terms with respect to any communications that we make via text messaging, email or otherwise: 

Message and data rates may apply. Any charges are billed by your wireless carrier or deducted from your prepaid account.

The Rush Market does not charge for receiving or sending text messages or email to you;

The Rush Market is not responsible for any delays in your receipt of any text messages or emails;

By choosing to receive text messages or emails, you certify that (a) you are the account holder for the mobile device or the email address at which you will receive such text messages, or (b) you have the account holder’s permission to do so.

You certify that you are 13 years of age or older.

You may opt out at any time by notifying The Rush Market of your desire to do so.

 

PRODUCTS, SERVICES AND SPECIAL OFFERS

Offers and promotions posted on this Site or communicated via the Mobile Application, or those sent to customers by email or text message, are good only for the dates indicated. Offers, promotions, Products, Services and sweepstakes offered on this Site or through the Mobile Application may not be available in every Rush Market store.

 

SERVICES SPECIFICATIONS

All features, content, specifications and prices of Products and Services described or depicted on this Site or on the Mobile Application are subject to change without notice. The inclusion of any Product or Service on this Site or the Mobile Application at a particular time does not imply or warrant that such Product or Service will be available at any time.

 

INTELLECTUAL PROPERTY

The Products, Materials and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the same may violate such laws and the Terms of Use. Except as expressly provided herein, The Rush Market does not grant any express or implied rights to use the Products, Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, the Mobile Application, Materials or Services, any portions of the Products, Site, Mobile Application, Materials or Services or the selection and arrangement of the Products, Site, Mobile Application, Materials or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Products, Site, Mobile Application, Materials or Services.

The trademarks, service marks, logos, URLs and domain names(collectively, the “Marks”) displayed on this Site or on the Mobile Application are the property of The Rush Market or other third parties. You are not permitted to use the Marks without the prior written consent of The Rush Market or such third party that may own the Marks.

 

REGISTRATION ON THE SITE

You may be required or permitted to register for the Site or the Mobile Application in order to access certain Services or Materials, to receive promotional communications or other advertising information, or to access certain content offered on the Site. If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. It is your sole responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify The Rush Market immediately.

In order to be eligible to register, you must meet the following requirements:

You must be a human to register. Accounts registered by “bots” or other automated methods are not permitted.

You must provide your full legal name, a valid email address, and any other information requested in order to complete the registration process. Handling of such information will be conducted in accordance with The Rush Market Privacy Policy. You will also be required to create a username and password.

You are responsible for maintaining the security of your account and password. The Rush Market cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accessed the Site through your account).

One person or legal entity may not maintain more than one account.

 

USE OF SITE, MOBILE APPLICATION, PRODUCTS, MATERIALS AND SERVICES

You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to download, access or use the Site, Mobile Application, Products, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site or the Mobile Application that are subject to such limitations. You agree to use the Site and the Mobile Application only to access, download, utilize or receive Products, Materials or the Services in an appropriate manner as related to the particular Products, Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Mobile Application, Materials or Services, or ordering Products or Services, you agree that you shall not:

Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;

Promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability;

Solicit any business from third party users of the Site or Mobile Application;

Provide any false personal information, or create an account for anyone other than yourself;

Share your password, let anyone else access your profile, or do anything else that might jeopardize the security of your profile;

Use or attempt to gain access to or use another’s account, password or computer systems, whether through hacking, password mining or any other means;

Select or use as a user name or any name of another person with the intent of impersonating that person, (b) use as a user name any name subject to any rights of a person other than you without appropriate authorization, or (c) use as a user name any name that is offensive, vulgar or obscene;

Remove or falsely add to any Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material;

Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site, Mobile Application or Services;

Use the Site, Mobile Application, Products, Services or any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party;

Disrupt or interfere with the security of, or otherwise cause harm to, the Site, the Mobile Application, or any Products, Services, Materials or systems resources;

Transmit unsolicited or bulk communications to any The Rush Market affiliated e-mail address or otherwise transmit or send spam emails or unsolicited emails to users of the Site or Mobile Application;

Contribute any name, material, opinion or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful or otherwise objectionable; 

Disrupt, interfere with or inhibit any other user from using and enjoying the Site, the Mobile Application or other affiliated or linked sites, Materials or Services;

Access or use the Site or Mobile Application in any manner that could damage, disable, overburden or impair any The Rush Market server or the network(s) connected to any The Rush Market server;

Violate any applicable laws or regulations related to the access to or use of the Site, Mobile Application, Services or any Materials or engage in any activity prohibited by the Terms of Use;

Prepare, compile, use, download or otherwise copy any user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party;

Violate the rights of The Rush Market or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another; and

Use any The Rush Market domain name as a pseudonymous return e-mail address.

The Rush Market, in its sole discretion, may (but has no obligation to) monitor or review the Site, the Mobile Application, Materials and Services at any time. The Rush Market may at any time without notice and in its sole discretion: (a) terminate a Service or access to, purchase or use of any Products or Materials or an area of the Site or the Mobile Application; and (b) disclose any information related to your use of or access to a Service, Product or Material, as The Rush Market deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your company on the Site or the Mobile Application.

 

CONTRIBUTIONS TO THE SITE

Portions or features of the Site and the Mobile Application may allow you to contribute or otherwise provide content or other information to the Site or through the Mobile Application. For all information, data, commentary, communications, downloads, files, text, images, photographs, graphics, videos, links, publications, content, tools, resources, programs and products that you post or otherwise submit to the Site or through the Mobile Application (“User Submissions”), you grant The Rush Market and the users of the Site and Mobile Application an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Submissions, with or without having your name attached thereto, in any manner or form and for any lawful purpose, with full rights to sublicense such rights through multiple tiers of distribution. You acknowledge and agree that The Rush Market shall not be liable for any damages arising out of or related to your User Submissions. You represent and warrant that you own all right, title and interest in and to your User Submission that you post, or that you own or control, or have received the necessary licenses or other rights to, contribute such User Submissions to the Site and the Mobile Application. You agree not to disclose any Personal Information (as defined in The Rush Market’s Privacy Policy) as part of a User Contribution.

You are solely and entirely responsible for all of your User Submissions. You shall assume all risks associated with any reliance on the accuracy, completeness or usefulness of your User Submissions from or by others. The Rush Market does not guarantee the accuracy, integrity or quality of the material you contribute or the material anyone else contributes as part of a User Submission. You acknowledge and agree that by accessing or using the Site or the Mobile Application, you may be exposed to material from others that you find objectionable. You acknowledge and agree that The Rush Market shall not be liable for any actions or inactions resulting from or related to any User Submission made on the Site or via the Mobile Application.

 

COPYRIGHT INFRINGEMENT COMPLAINTS

We respect the intellectual property rights of others and we prohibit users from posting on the Site any content that violates another party's intellectual property rights. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give The Rush Market legally sufficient notice of infringement. Send copyright infringement complaints to:

The Rush Market, LLC
Attn: Customer Service
3201 S 144th Street
Omaha, NE 68144

Or Email: hello@therushmarket.com

We suggest that you consult your legal advisor before filing a DMCA notice with The Rush Market’s copyright agent. There can be penalties for false claims under the DMCA.

 

USE OF MATERIALS

Except as indicated to the contrary elsewhere on this Site or through the Mobile Application, you may view, download, and print the Materials available on this Site or through the Mobile Application, subject to the following conditions:

You will not quote or display Materials, or any portions thereof, out of context.

The Rush Market reserves the right to revoke the authorization to view, download and print the Materials available via this Site or Mobile Application at any time, and any such use shall be discontinued immediately upon notice from The Rush Market.

Use of Materials for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The rights specified above to view, download and print Materials available on this Site or Mobile Application are not applicable to the design, layout or look and feel of this Site or Mobile Application. Such elements are protected by law, including trade dress, trademark, copyright, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound, video or image from the Site or Mobile Application may be copied or retransmitted unless expressly permitted by The Rush Market. In addition, various sections of the Site or Mobile Application may showcase the work of creative professionals. Such Materials belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.

 

RESTRICTION AND TERMINATION OF USE

The Rush Market may block, restrict, disable, suspend or terminate your access to all or part of the Site, Mobile Application, Products, Services and Materials at any time in The Rush Market’s sole discretion, without prior notice or liability to you.

 

LINKS TO THIRD PARTY SITES

The Site, Mobile Application, Services or Materials may include links that will take you to other sites outside of the Site or Mobile Application (“Linked Sites”). The Linked Sites are provided by The Rush Market to you as a convenience and the inclusion of the links do not imply any endorsement by The Rush Market of any Linked Site. The Rush Market has no control of the Linked Sites and you therefore acknowledge and agree that The Rush Market is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that The Rush Market is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.

 

WARRANTIES AND DISCLAIMERS

THE SITE, MOBILE APPLICATION, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED BY THE RUSH MARKET “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE, SECURITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, OR MERCHANTABILITY FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE RUSH MARKET MAKES NO WARRANTY THAT (i) THE SITE, MOBILE APPLICATION, PRODUCTS, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, MOBILE APPLICATION, PRODUCTS, SERVICES OR MATERIALS WILL BE ACCURATE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, MOBILE APPLICATION, PRODUCTS, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE, MOBILE APPLICATION, OR ANY PRODUCTS, MATERIALS OR SERVICES PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, MOBILE APPLICATION, PRODUCTS, SERVICES OR MATERIALS WILL BE CORRECTED.

THIS SITE, MOBILE APPLICATION, PRODUCTS, MATERIALS AND SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. THE RUSH MARKET MAY MAKE CHANGES TO THE SITE, MOBILE APPLICATION, PRODUCTS, MATERIALS AND SERVICES, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, MOBILE APPLICATION, PRODUCTS, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND THE RUSH MARKET MAKES NO COMMITMENT TO UPDATE THE SITE, MOBILE APPLICATION, MATERIALS, PRODUCTS AND SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT: (i) THE RUSH MARKET DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY PRODUCTS, MATERIALS OR SERVICES OFFERED BY THIRD PARTIES; (ii) THE RUSH MARKET MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY SUCH THIRD PARTIES, THEIR PRODUCTS, MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) THE RUSH MARKET SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY PRODUCT, MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

 

PERSONAL INFORMATION AND PRIVACY

The Rush Market will use and protect your data, such as your name and address, in accordance with The Rush Market Website Privacy Policy, the contents of which are incorporated by reference into the Terms of Use.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE RUSH MARKET, DIVISIONS, SUBSIDIARIES ANDAFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, MANAGERS, OWNERS AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, WHETHER OR NOT FORESEEABLE OR IF THE RUSH MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (i) THE ACCESS, CONSUMPTION OR USE OF OR THE INABILITY TO ACCESS OR USE ANY PART OF THE SITE, MOBILE APPLICATION, PRODUCTS, SERVICES, OR MATERIALS; (ii) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (iii) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (iv) ANY PRODUCTS OR SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (v) ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE; (vi) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE; OR (vii) YOUR RELIANCE UPON ANY MATERIAL, PRODUCT, SERVICE OR ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SITE OR THE MOBILE APPLICATION.

 

ADVERTISEMENTS AND PROMOTIONS

The Rush Market may run advertisements and promotions from third parties via the Site and Mobile Application related to certain Products, Services or Materials, in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Mobile Application, Services or Materials, including payment and delivery of Products and related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that The Rush Market is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-The Rush Market advertisers on the Site, the Mobile Application or in connection with the Products, Services or Materials.

 

INDEMNITY AND LIABILITY

You agree to indemnify and hold The Rush Market, its divisions and affiliates, and their respective officers, directors, partners, employees, shareholders, members, managers, owners and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your access to, reliance on, use, purchase or, as applicable, consumption of the Site, Mobile Application, Products, Services or Materials (including any use by your employees, contractors, customers, clients or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site, Mobile Application, or any Products, Services or Materials); (ii) your connection to the Site, Mobile Application, Products, Services or Materials; (iii) your violation of the Terms of Use; (iv) your infringement of any third party’s Intellectual Property Rights when using any of the software made available on the Site, Mobile Application, Products, Services or in any Materials; (v) your violation of any rights of any third party; (vi) your access to or use of Linked Sites and your connections thereto; or (vii) any dealings between you and any third parties advertising or promoting via the Site, Mobile Application, Products, Services or Materials.

 

GOVERNING LAW AND JURISDICTION

This Site (excluding Linked Sites) is controlled by The Rush Market from its offices within the State of Nebraska, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Nebraska, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of an appropriate state or federal court in Douglas County, Nebraska, with respect to such matters.

 

GENERAL

The Terms of Use and other rules, guidelines, licenses and disclaimers posted via the Site or Mobile Application, or in connection with the Products, Materials and Services constitute the entire agreement between The Rush Market and you with respect to your access to or use of the Site, Mobile Application, Products, Materials and Services, superseding any prior agreements between you and The Rush Market on such subject matter (including any prior versions of the Terms of Use). You may also be subject to additional terms and conditions that may apply when you use other The Rush Market services, third party content or third party software. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without The Rush Market’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by The Rush Market to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

Lemonade Deal Days are open to all Rush Market Members. Members will be verified at check-in and via email verification. Sorry, no duplicate memberships allowed for incentive. Lemonade Deal Days are effective June 28 - July 5th 2021. Discounts do not apply on previous purchases. We get it, T&Cs aren’t super fun, but the way we keep our prices low is by being members only and utilizing word of mouth advertising. Thanks for shopping with us!