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RUSH ACQUISITION LLC

 

d/b/a Rush Digital Marketing

TERMS OF SERVICE 

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Effective Date: January 15, 2023

Last Updated: September 27, 2025

 

These Terms of Service (“Agreement”) govern the provision of services by Rush Acquisition LLC, doing business as Rush Digital Marketing (“Company,” “we,” “us,” or “our”), and the individual or entity purchasing services (“Client,” “you,” or “your”). By submitting payment, electronically accepting this Agreement, or otherwise engaging the Company, Client agrees to be legally bound by all terms herein.

 

 

1. Scope of Services

 

1.1 Service Description. The Company provides organic LinkedIn lead generation and appointment-setting services, consisting of the following (“Services”):

 

  • Niche research and targeting strategy;

  • LinkedIn profile optimization;

  • Copywriting for outreach messaging;

  • CRM, tracking, and automation setup;

  • Campaign setup, launch, and maintenance;

  • Daily outreach to targeted audiences;

  • A/B testing and ongoing optimization;

  • Inbox monitoring, lead nurturing, and appointment facilitation;

  • Weekly campaign recaps and reporting;

  • Check-in calls, as applicable.

 

1.2 Nature of Services. Client acknowledges that the Services consist of marketing, lead-generation, and outreach activities, and that such services are inherently variable, subject to numerous external factors, and do not guarantee any specific result, outcome, number of leads, number of responses, appointments, or revenue.

 

1.3 Cold Outreach Consent. Client expressly acknowledges, authorizes, and consents to the Company contacting prospects, leads, and third parties on Client’s behalf using cold outreach methods, including but not limited to connection requests, messaging sequences, follow-ups, and other outreach communications. Client acknowledges that reactions, replies, sentiment, or opinions from such third parties are outside the Company’s control and shall not constitute grounds for a refund, chargeback, or claim of reputational harm.

 

 

2. Client Responsibilities

 

2.1 Client agrees to promptly complete onboarding, provide accurate information, attend scheduled calls, supply login credentials, maintain LinkedIn Sales Navigator and Calendly, review deliverables in a timely manner, and cooperate fully with the Company.

 

2.2 Any delay, failure, or refusal by Client to perform required actions shall not constitute non-performance by the Company and shall not entitle Client to a refund or chargeback.

 

 

3. Fees and Payment Terms

 

3.1 All payments are due in advance, billed monthly, and non-refundable under all circumstances, including but not limited to perceived performance, satisfaction, or subjective assessment of results.

 

3.2 Client authorizes the Company to charge the payment method on file for recurring monthly payments.

 

3.3 If payment fails, the Company may suspend Services immediately.

 

 

4. No Refunds; No Guarantees

 

4.1 No Refunds. ALL PAYMENTS MADE BY CLIENT ARE FINAL AND NON-REFUNDABLE. This includes, without limitation:

 

  • dissatisfaction with results;

  • perceived lack of leads, appointments, or performance;

  • early termination by Client;

  • delays caused by Client;

  • subjective dissatisfaction with outreach style or messaging.

 

4.2 No Guarantees. THE COMPANY MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, REGARDING:

 

  • the number of leads;

  • the number of qualified or “viable” prospects;

  • the number of booked calls;

  • revenue or business outcomes;

  • lead quality, sentiment, or responsiveness.

 

Client acknowledges that any numerical ranges, examples, benchmarks, case studies, or outcome descriptions provided in marketing materials, emails, or conversations represent typical or hypothetical outcomes, not guarantees.

 

4.3 Results Depend on Numerous External Factors, including but not limited to:

 

  • Client niche and offer;

  • Target audience demand;

  • Market conditions;

  • LinkedIn platform behavior;

  • Prospect sentiment;

  • Client responsiveness.

 

 

5. Lead Definition

 

For purposes of clarity and dispute prevention, the following definitions apply:

 

  • “Lead” means any individual who replies, engages, or otherwise responds to outreach messages initiated by the Company.

  • “Qualified Lead” means a lead that, based on the Company’s reasonable judgment, appears aligned with Client’s target criteria, though the Company provides no guarantee of lead qualification or fit.

  • “Booked Call” means a meeting scheduled through Client’s calendar link, regardless of whether the lead attends.

 

Client agrees that the presence or absence of any particular number of leads, qualified leads, or booked calls shall not constitute a basis for refund, chargeback, or non-payment.

 

 

6. Term and Termination

 

6.1 This Agreement operates on a month-to-month basis.

 

6.2 Client may terminate with five (5) days’ written notice.

Termination does not entitle Client to any refund.

 

6.3 The Company may terminate at any time, for any reason, with or without cause.

 

 

7. Chargeback Prohibition

 

7.1 Client acknowledges that all payments are final and agrees not to initiate any chargeback for any reason, including but not limited to “not as described,” “services not delivered,” or “no refund received.”

 

7.2 Client agrees that any attempt to dispute, reverse, or chargeback a transaction constitutes a material breach of this Agreement.

 

7.3 In the event of a chargeback, the Company may pursue recovery of amounts owed, including:

 

  • outstanding balances;

  • chargeback fees;

  • legal expenses;

  • collections costs.

 

 

8. Limitation of Liability

 

8.1 To the fullest extent permitted by law, the Company shall not be liable for:

 

  • consequential, incidental, or special damages;

  • reputational harm claims;

  • emotional distress;

  • lost opportunities;

  • lead reactions or prospect sentiment;

  • business interruption or revenue loss.

 

8.2 Client agrees that the maximum liability of the Company shall not exceed one (1) month of fees paid.

 

 

9. Service Delivery Confirmation

 

9.1 Client agrees that delivery of Services is deemed complete when the Company performs outreach activities, campaign setup, optimization, copywriting, profile changes, or any other work listed in Section 1.

 

9.2 Client acknowledges that work performed = service delivered, regardless of results.

 

 

10. Dispute Resolution; Governing Law

 

10.1 Any disputes arising out of this Agreement shall be resolved exclusively through binding arbitration in the State of Oregon.

 

10.2 Client waives the right to participate in class actions, collective actions, or similar proceedings.

 

10.3 Client agrees that Oregon law governs all matters related to this Agreement.

 

 

11. Entire Agreement

 

This Agreement constitutes the full and entire understanding between the parties and supersedes all prior discussions, emails, verbal promises, expectations, or representations — including any examples of lead volume, call quantity, or typical performance ranges.

 

 

Client Acknowledgment

 

By submitting payment, signing electronically, or otherwise engaging the Company, Client confirms:

 

  • They have read, understood, and agreed to all terms;

  • They understand the no-refund and no-guarantee policies;

  • They consent to cold outreach on their behalf;

  • They will not initiate chargebacks;

  • They are legally bound by this Agreement.

 

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