Effective Date: January 16, 2016
By being enrolled in or registered for our Products, or by accessing or using our Products or Website after these Terms have been posted, you are agreeing to these Terms and are entering into a legally binding contract with PUSH ME UP. If you are agreeing to these Terms on behalf of a company or other legal entity, you also represent that you have the authority to bind such entity to these Terms, in which case the terms “you” and “your” shall refer to such entity in addition to you, individually. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use our Products or Website. PUSH ME UP reserves the right to terminate your access to all or part of the Website at any time. In the event of any violation of these Terms, PUSH ME UP reserves the right to seek all remedies available by law and in equity for such violations.
Amendments or Modifications
PUSH ME UP may, at any time and in its sole and absolute discretion, amend, modify, or terminate any of these Terms and such amendment, modification, or termination will be effective such that your use is subject to the changes at the time our duly authorized representative posts the revised Terms on our Products or Website. Your continued use of the Products or Website after we have posted revised Terms signifies your acceptance of such revised Terms. You can determine when these Terms were last revised by referring to the “Effective” date, above.
- Representations of Users
By using any of our Products or the Website, you represent and warrant that (a) all registration information you submit is truthful and accurate, (b) you agree to keep your contact information up to date at all times, (c) you will maintain the accuracy of such information, and (d) you are 13 years of age or older. Children under the age of 13 are prohibited from creating accounts, registering, enrolling in, or purchasing any Products. Your information and profile may be deleted and any Products may be terminated without warning, if we believe that you are under 13 years of age.
- DATA SECURITY; USER ACCOUNTS
The protection and security of data that you and others entrust to us is a priority. We use generally accepted industry safeguards (administrative, physical, and technical) to protect information stored on our systems.
Certain Products and/or features of our Website may require you to open and set up an account (including setting a username and/or password). You are entirely responsible for maintaining the confidentiality of the information for your account, including your username and password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or credentials, or any other any other breaches of security. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Notwithstanding the above, by using our Products or Website, you acknowledge and agree that Internet transmissions are never completely private or secure.
By using our Products or Website, you acknowledge and agree that PUSH ME UP is free to use and publish any feedback or information provided to us about the Products or Website on an unrestricted basis.
- Links to Other Websites
Our Products or Website may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with any Linked Sites.
- INTELLECTUAL PROPERTY; CONTENT ON OUR PRODUCTS OR WEBSITE
All information and content available on our Products or Website (collectively, “Content”) is owned by PUSH ME UP and protected by copyright and other intellectual property laws. The Content is intended for your personal and non-commercial use only. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The PUSH ME UP name and the PUSH ME UP logo/s are registered trademarks or service marks of PUSH ME UPand its legal entity in the United States and/or other countries. You may not use these or any other PUSH ME UP trademarks or service marks (or graphics, logos, page headers, button icons, scripts noted) without our written permission. PUSH ME UP’s use of any third-party trademarks or service marks on our Products or Website is for reference purposes only and does not imply any license or endorsement or affiliation of any third-party products by us, nor any license or endorsement or affiliation of our Products or Website by any third parties.
- Limited License
PUSH ME UP grants you a revocable, non-transferable, non-sublicensable, and non-exclusive limited right to access, use, and display our Content and authorizes you to view, download, copy, print, and/or distribute our Content for use within your organization arising out of the use of, or in support of, PUSH ME UP’s Products and Website as long as: (i) the material is used for informational purposes only; (ii) the material is used for non-commercial purposes only; (iii) all copies of any material include the PUSH ME UP copyright and other proprietary notices; (iv) you do not make any modifications to the material; (v) you do not use the material in a manner that suggests an association with PUSH ME UP or its Products (unless otherwise agreed to by PUSH ME UP in writing); and (vi) you do not download quantities of material to a database that can be used to avoid a subscription to our Products. No other use of the information herein is authorized and any other use without PUSH ME UP’s written permission is prohibited and will be enforced to the full extent of the law. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, or copyright of PUSH ME UP or any third party.
- User Content
By uploading, posting, or otherwise transmitting any content through or to our Products or Website, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty-free, perpetual, non-revocable license to use or distribute such content in any manner.
- Prohibited Activities; Reporting; Disclaimer
ALL PUSH ME UP CONTENT (DEFINED ABOVE) IS PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF SAID INFORMATION MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM PUSH ME UP. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT, OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON OUR WEBSITE OR PRODUCTS FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
The following activities (as they relate to our Products or Website) are prohibited:
- Uploading, posting, or otherwise transmitting through or to our Products or Website any content that (i) is unlawful, abusive, threatening, harmful, offensive, defamatory, or otherwise objectionable; (ii) might infringe on the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; or (iii) contains any viruses, trojan horses, time bombs, or any other harmful or malicious programs or elements.
- Disrupting, taking any action that imposes an unreasonable or disproportionately large load on PUSH ME UP’s hardware or software infrastructure, or interfering with or attempting to gain unauthorized access (using any device, software, routine, or otherwise) to any portion of our Website, Products, systems, servers, or networks;
- Providing false information about yourself to us, impersonating any other person, or otherwise attempting to mislead others about your identity or the origin of any content, message, or other communication;
- Transmit junk mail, chain letters, or other unsolicited bulk mail or duplicative messages;
- Using any robot, spider, or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in our Products or Website, collect information about other users of or visitors to our Products or Website without consent or otherwise systematically extract data or data fields, or for any other unauthorized purpose without our prior expressed written permission;
- Sell access to or the use of our Products, Website, or Content without our written consent;
- Redistribute any content, including financial data, provided by us in any manner whatsoever included by means of printed publication, fax broadcast, web pages, email, web newsgroups or forums, or any other electronic or paper-based service or method;
- Intentionally alter the format in which financial data is provided by us or otherwise circumvent our regular interfaces to such data;
- Embed or import any financial data provided by us into any currency information services (whether or not Web-based), data files, or application software;
- Decompiling, reverse engineering, disassembling, or otherwise attempting to obtain the source code for our Products or Website (collectively, “Prohibited Activities”).
We respect the intellectual property of others and ask users of our Products and Website to do the same. In connection with our Products and Website, we have adopted and implemented a policy that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Products or Website who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Products or Website, unlawfully infringing copyright(s) in a work, please email us at info@Pushmeup.net.
While we have taken reasonable steps to ensure the accuracy and completeness of all Content, the information published may not be accurate, complete, or current at the time of reading. While it is our intent for Content to be accurate and reliable, errors may also occasionally occur; and therefore, we do not warrant that any descriptions of Products or any other Content is accurate, current, reliable, complete, or error-free. PushMeUp reserves the right to amend any errors or omissions or any Content generally and we may make such changes to our Content and any materials, programs, or services at any time and without notice.
All Content is published for interested parties as well as our clients for informational purposes only. The contents of our Products or Website do not constitute professional advice or create a professional relationship between you and PushMeUp (unless otherwise agreed to in a separate writing) and the information may not be wholly accurate or reflect the opinions of PUSH ME UP No recipient of Content should act or refrain from acting on the basis of the Content without seeking legal advice or other professional consultation.
USE OF OUR PRODUCTS, WEBSITE, OR ANY PUSH ME UP CONTENT IS ON AN “AS-IS” AND “AS AVAILABLE” BASIS ONLY WITHOUT WARRANTY OF ANY KIND, AT YOUR OWN RISK, AND PUSH ME UP MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE). YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY CONTENT, OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION OR CONTENT SHALL BE SOLELY AT YOUR RISK.
- LIMITATION OF LIABILITY
- Types of Damages
NEITHER WE NOR OUR THIRD-PARTY SUPPLIERS WILL BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR PRODUCTS, WEBSITE, OR CONTENT, OR PERFORMANCE OF INFORMATION AVAILABLE FROM PUSH ME UP, EVEN IF WE OR ANY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
- Amount of Damages
OUR MAXIMUM LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY OR ON BEHALF OF YOU THAT ARE THE SUBJECT OF CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) $250.00. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS.
You agree to indemnify, hold harmless, and defend us, our officers, directors, employees, agents, and third-party suppliers or affiliates (“Personnel”), at your expense, against any and all third-party claims, actions, proceedings, or suits brought against us or any of our Personnel, and pay all related liabilities, damages, settlements, penalties, fines, costs, or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by us or any of our Personnel, arising out of or relating to: (a) your breach of any clause or condition of these Terms; (b) your fraudulent or malicious use of our Products or Website; (c) your violation of applicable laws, rules, or regulations in connection with our Products, Website, Content, and/or your violation of infringement of any third-party right; (d) our use of any content or information provided to us by you or on your behalf; or (e) the disclosure of your relationship with us. In such a case, we will provide you with written or electronic notice of such claim, suit, or action. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
- ADDITIONAL TERMS AND AGREEMENTS
PUSH ME UP develops and provides software tailored to various industries and related Products. The Products are described in accompanying materials or on the individual pages for each on our Website. Your use of our Products is governed by the terms and conditions for each particular Product. PUSH ME UP may, at our discretion, periodically change the description or content of our Products in order to reflect changes to the Products offerings and features, including, without limitation, to reflect enhanced capabilities, changes in the service terms, changes in regulatory requirements, and/or any other modification intended to improve the efficacy of the Products or better address a perceived need among our customers.
When you become enrolled in, begin use of, or purchase our Products and/or when you create or log in to a user account, you accept the specific terms and conditions applicable to the particular Product/s.
- GOVERNING LAW; ARBITRATION CLAUSE
These Terms as well as any claim relating to, or arising out of the use of, our Products or Website is governed by the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions. Any claim, dispute, or controversy of whatever nature (“Claim”) arising between the Parties relating to these Terms shall be subject to binding arbitration, administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and its Optional Procedures for Large, Complex Commercial Disputes. The arbitration shall be heard and determined by an arbitrator mutually agreed upon by the Parties and such arbitrator shall be a former California judge who served for not less than five years and who has experience and familiarity with information technology disputes. The arbitration proceeding shall occur in Los Angeles, California. Each Party shall bear its own costs relating to such arbitration, and the Parties shall equally share the arbitrators’ fees, and the arbitration and all related proceedings and discovery shall take place pursuant to a protective order entered by the arbitrators that adequately protects the confidential nature of the Parties’ proprietary and confidential information. Any decision entered by the arbitrator must be supported by existing California law (case law and statutory law). To the extent the arbitrator does not support his/her decision with California law, the final decision entered by the arbitrator can be appealed to California courts. In no event shall any arbitration award provide a remedy beyond those permitted under these Terms, and any award providing a remedy beyond those permitted under these Terms shall not be confirmed, no presumption of validity shall attach, and such award shall be vacated. Either Party may, without waiving any remedy under these Terms, seek from any court of competent jurisdiction within the State of California any interim or provisional relief that such Party deems necessary to protect Confidential Information, Intellectual Property rights, and representations and warranties pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the claim).
You agree that that we may use our Products, Website, and email to provide you with important notices. You agree that we may provide notices to you in the following ways: (i) a banner notice on our Products or Website, (ii) an email sent to an address you provided, (iii) a text message sent to the mobile number you provided, or (iv) mail.
- VALIDITY AND SEVERABILITY
If any provision of these Terms is held invalid or unenforceable, such decision shall not affect the validity or enforceability of any other provision of these Terms, all of which other provisions shall remain in full force and effect.
These Terms, and any rights and licenses granted here under, may not be transferred or assigned by you, but may be assigned by us without restriction.
Please feel free to contact us:
By phone or fax at: 469-535-6789 (9am-5pm PT)
By email at: info@Pushmeup.com
Address: 2400 E Katella Ave, Suite 800
Anaheim, CA 92806