Terms of Service

1. Agreement to Terms

By downloading, installing, accessing, or using the Rushmap mobile application ("App," "Service," "Platform"), you ("User," "you," "your") agree to be bound by these Terms of Service ("Terms," "Agreement"). These Terms constitute a legally binding agreement between you and Cleared LLC ("Company," "we," "us," "our"), a limited liability company organized and existing under the laws of the State of Wyoming.

If you do not agree to these Terms in their entirety, you must immediately cease all use of the App and delete it from your device. Your continued use of the App following any modifications to these Terms constitutes your acceptance of such modifications.

2. Company Information

Rushmap is owned, operated, and maintained by:

Cleared LLC
State of Organization: Wyoming, United States
Contact: help@userushmap.com
Phone: (303) 501-8781

All content, data, locations, features, intellectual property, and proprietary information available through the App are the exclusive property of Cleared LLC unless otherwise stated.

3. Eligibility

You must be at least thirteen (13) years of age to use this App. If you are between the ages of thirteen (13) and eighteen (18), you may only use the App with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. By allowing a minor to use the App, the parent or legal guardian assumes full responsibility for the minor's compliance with these Terms, as well as their safety and legal compliance while using the App's location data.

By using the App, you represent and warrant that you meet the eligibility requirements set forth in this section and that you have the legal capacity to enter into this Agreement.

4. Account Registration and Authentication

Access to the App requires account creation through single sign-on (SSO) authentication. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

Provide accurate, current, and complete information during the registration process;
Maintain and promptly update your account information;
Notify us immediately of any unauthorized use of your account or any other breach of security;
Accept full responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate your account at any time, for any reason, with or without notice, including but not limited to violations of these Terms.

5. Assumption of Risk and Outdoor Activity Disclaimer

5.1 Inherent Risks of Outdoor Activities. You expressly acknowledge and agree that rockhounding, prospecting, fossil hunting, and general outdoor recreation are inherently dangerous activities. Activities associated with the locations provided in the App involve significant risks, including but not limited to: severe injury, death, property damage, getting lost, exposure to extreme weather, treacherous terrain, dangerous wildlife, falling rocks, unstable ground, and hazardous abandoned structures (such as mine shafts and adits).

5.2 Full Assumption of Risk. YOU VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH VISITING ANY LOCATION LISTED IN THE APP. To the fullest extent permitted by applicable law, Cleared LLC cannot and does not assume any responsibility or liability for any personal injury, death, or property damage resulting from your use of the App or your decision to visit any location listed within it.

5.3 Mine Shafts and Hazardous Areas. The App may list locations that are in the vicinity of abandoned mines, quarries, or unstable geological formations. YOU ARE EXPRESSLY WARNED NEVER TO ENTER ABANDONED MINE SHAFTS, ADITS, OR UNSTABLE QUARRIES. These structures are extremely dangerous and frequently result in fatal accidents. If you choose to approach or enter such areas, you do so entirely at your own risk.

5.4 In-App Safety Warnings. Cleared LLC displays a safety and disclaimer warning on every individual location page within the App. These warnings are presented to you each time you view a location and serve as a direct, repeated notice of the risks and responsibilities associated with visiting any listed site. By continuing to use the App after viewing these warnings, you acknowledge that you have been adequately informed of the potential dangers, legal requirements, and personal responsibilities associated with outdoor collecting activities. The presence of these warnings does not create any duty of care on the part of Cleared LLC beyond providing informational notice, and shall not be construed as an admission of liability or a guarantee of safety at any location.

6. Location Accuracy and Legal Compliance

6.1 No Guarantee of Accuracy or Suitability. Rushmap provides location coordinates, trail information, and site details for educational and reference purposes only. CLEARED LLC MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE ACCURACY, COMPLETENESS, CURRENCY, OR SUITABILITY OF THE LOCATION DATA PROVIDED. Such information should not be construed or used as a legal land description.

6.2 User Responsibility for Legal Access. Public land does not guarantee collecting rights, and land ownership status frequently changes. You are solely responsible for:

Verifying that mineral, rock, or fossil collecting is legally permitted at your destination before traveling;
Confirming current land ownership boundaries to avoid trespassing on private property;
Checking with the local land management agency (e.g., BLM, USFS, State Parks) for current rules, seasonal closures, and permit requirements;
Ensuring your collecting methods (e.g., hand tools vs. mechanized equipment) comply with local regulations.

6.3 Disclaimer of Trespassing and Illegal Acts.Cleared LLC is not responsible for any legal consequences, fines, citations, arrests, or property disputes you may incur. If the App inadvertently directs you to private property or a restricted area, it is your legal obligation to observe posted signs, fences, and property lines, and to turn back. You agree that Cleared LLC shall not be liable for any claims of trespassing or illegal collecting resulting from your reliance on the App's data.

6.4 No Guarantee of Finds. The App provides historical data on where minerals or fossils have been found. We do not guarantee the current presence, quality, or quantity of any rocks, minerals, or fossils at any location.

7. Proprietary Content and Intellectual Property

7.1 Ownership.All content available through the Rushmap App — including but not limited to location databases, coordinates, curated site data, maps, images, text, graphics, logos, trademarks, software, source code, and algorithms — is the exclusive intellectual property of Cleared LLC. All rights are reserved.

Every location displayed on the Rushmap platform is personally curated, collected, verified, and maintained by Cleared LLC through proprietary methods. Our database of rockhounding spots constitutes a trade secret and proprietary asset of Cleared LLC.

7.2 Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App solely for your personal, non-commercial use on a single mobile device that you own or control.

7.3 Restrictions. You expressly agree that you will NOT:

Copy, reproduce, duplicate, distribute, publish, display, perform, modify, create derivative works from, or exploit any content from the App;
Scrape, crawl, spider, harvest, mine, extract, or collect any location data, coordinates, or content from the App through any automated or manual means;
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the App;
Use the App's content to build, supplement, or enhance any competing product, service, database, or directory;
Republish, redistribute, license, sell, or otherwise make available any content from the App to any third party.

8. Data Protection and Anti-Scraping Provisions

8.1 Proprietary Database Protection.The Rushmap database is a proprietary compilation protected under federal and state trade secret laws, copyright law (including the compilation copyright under 17 U.S.C. § 103), the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Wyoming Uniform Trade Secrets Act (Wyo. Stat. § 40-24-101 et seq.), and all other applicable laws.

8.2 Liquidated Damages for Unauthorized Access and Scraping. You acknowledge and agree that unauthorized scraping, copying, extraction, or reproduction of any data from the Rushmap platform causes immediate, substantial, and irreparable harm to Cleared LLC that is difficult to quantify. Therefore, you agree to the following liquidated damages provisions, which represent a reasonable estimate of the harm caused and are not intended as a penalty:

Per-Scrape Violation: Any unauthorized automated or manual scraping, crawling, harvesting, extraction, or copying of data from the Rushmap platform shall incur liquidated damages of Fifteen Thousand Dollars ($15,000.00) per day.
Per-Location Violation: Any unauthorized use, reproduction, display, or publication of individual location listings or coordinates shall incur liquidated damages of Five Thousand Dollars ($5,000.00) per location.

9. Subscription and Payment Terms

9.1 Subscription Plans. Rushmap offers subscription-based access to its features and content. Subscription plans, pricing, features, and trial periods are subject to change at any time at the sole discretion of Cleared LLC.

9.2 Billing Through Apple.All subscriptions are processed and billed through Apple's App Store and are subject to Apple's terms and conditions. By subscribing, you authorize Apple to charge your designated payment method on a recurring basis.

9.3 Auto-Renewal and Cancellation. Subscriptions automatically renew unless canceled prior to the renewal date. To cancel your subscription, you must do so through your Apple ID subscription settings. Cleared LLC does not process cancellations directly.

9.4 No Refunds.All sales are final. Cleared LLC does not provide refunds, credits, or pro-rated amounts for any reason. Any refund requests must be directed to Apple in accordance with Apple's refund policies.

10. User Conduct

You agree to use the App only for lawful purposes. You agree NOT to:

Use the App for any commercial purpose without express written consent;
Interfere with or disrupt the App's servers or networks;
Transmit any viruses or malware;
Use the App to harass, abuse, or harm any other person;
Violate any applicable local, state, national, or international law, including environmental protection laws and property rights.

11. Disclaimer of Warranties

THE APP AND ALL CONTENT, LOCATIONS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLEARED LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, CLEARED LLC DOES NOT WARRANT THAT:

THE APP WILL BE UNINTERRUPTED OR ERROR-FREE;
THE LOCATION DATA, COORDINATES, OR TRAIL INFORMATION WILL BE ACCURATE, RELIABLE, OR SAFE TO TRAVERSE;
ANY LISTED LOCATION IS LEGALLY ACCESSIBLE OR OPEN TO THE PUBLIC.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLEARED LLC, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LEGAL FINES, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

IN NO EVENT SHALL CLEARED LLC'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID TO CLEARED LLC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY DOLLARS ($50.00), WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless Cleared LLC, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to:

Your use of the App;
Your violation of these Terms;
Your violation of any applicable law, including trespassing, illegal collecting, or environmental damage;
Any physical injury, death, or property damage sustained by you or any third party accompanying you to a location found via the App.

14. Mandatory Arbitration and Class Action Waiver

14.1 Agreement to Arbitrate. YOU AND CLEARED LLC AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT.

14.2 Class Action Waiver. YOU AND CLEARED LLC AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

14.3 Arbitration Rules.Any arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall take place in the State of Wyoming, or at another mutually agreed-upon location.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to its conflict of law principles.

16. Termination

We reserve the right to suspend or terminate your access to the App at any time, for any reason, with or without notice, including for violation of these Terms or suspected illegal activity (such as trespassing or illegal collecting). Upon termination, Sections 5, 6, 7, 8, 11, 12, 13, and 14 shall survive.

17. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the App, please contact us at:

Cleared LLC
Email: help@userushmap.com
Phone: (303) 501-8781

18. Acknowledgment

BY DOWNLOADING, INSTALLING, OR USING THE RUSHMAP APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE TO THE ASSUMPTION OF RISK AND LIABILITY DISCLAIMERS SET FORTH IN SECTIONS 5, 6, 11, AND 12. YOU FURTHER ACKNOWLEDGE THAT SAFETY WARNINGS ARE DISPLAYED ON EVERY LOCATION PAGE WITHIN THE APP, AND THAT YOUR CONTINUED USE OF THE APP AFTER VIEWING SUCH WARNINGS CONSTITUTES YOUR INFORMED ACCEPTANCE OF ALL ASSOCIATED RISKS.