Updated: March 16, 2016
Thank you for subscribing to our Software and Services (“Software and Services”). The Software and Services are provided by Push It, Inc., (“Push It, Inc.”).
By subscribing or using our Software and Services, you are agreeing to these terms so please read them carefully.
You are bound by any policies made available to you within the Software and Services.
Don’t misuse or abuse our Software and Services. Don’t breach our Software and Services or try to access them using a method other than the interface and software that we provide. You may use our Software and Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or discontinue providing our Software and Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. If we have suspended or discontinue the services for suspected misconduct and it is determined that no violation was committed, we will extend the term of your subscription by the amount of time your account was suspended.
Using our Software and Services does not give you ownership of any intellectual property rights in our Software and Services or the content you access. You may not make use of content from our Software and Services unless you obtain written permission from Push It, Inc. or are otherwise permitted by law. The terms of service do not grant you the right to use any branding or logos used in our Software and Services.
Our Software and Services provide some content that is not owned by Push It, Inc. This content is the sole obligation of the person or company that provided it.
By using our Software and Services, you agree to allow us to send you service notifications, administrative messages, and other information.
You may need a Push It, Inc. license in order to use some of our Software and Services. You may create your own Push It, Inc., or your Push It, Inc. account may be assigned to you by an administrator, such as your company. If you are using a Push It, Inc. account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
Push It, Inc.’s privacy policies explain how we handle your personal data and protect your privacy when you use our Software and Services. By using our Software and Services, you agree that Push It, Inc.can use such data in accordance with our privacy policies.
Your Content in our Software and Services
Some of our Software and Services allow you to submit content including but not limited to Contacts, Emails & Photos. You retain ownership of any intellectual property rights that you hold in that content unless otherwise agreed to in writing. If you fail to pay any subscription fees and we permanently terminate your account, you agree to waive the ownership rights to all data in your account.
When you upload or otherwise submit non-proprietary content that we are authorized to use to our Software and Services, you give Push It, Inc.(and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Software and Services), communicate, publish, publicly perform, publicly display and distribute such content.
If you submit feedback, comments, recommendation, or suggestions about our Software and Services, we may use your feedback or suggestions without prior written consent and without obligation to you.
Some of our Software has downloadable software, which may update automatically on your device once a new version or feature is available. Push It, Inc. gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software & Services provided to you by Push It, Inc. as part of the Software and Services. This license allows you to use the Software and Services provided by Push It, Inc., only as permitted by the terms of service. You may not copy, modify, distribute, sell, or lease any part of our Software and Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Some of our Software and Services may use an open source license that which we make available to you. There may be provisions in the open source license that expressly override some of these terms.
We are update and enhance our Software and Services. We may add or remove functionalities or features, and we may suspend or stop a Software or Service altogether.
You can stop using our Software and Services at the end of your current subscription period by providing no less than 30 days notice prior to the subscription renewal date. Push It, Inc. may also stop providing Software and Services to you, or add or create new limits to our Software and Services at any time.
If we no longer offer a Software or Service, where possible, we will give you reasonable advance notice and an opportunity to retrieve your information.
Warranties and Disclaimers
Push It, Inc. Software and Services are provided with a reasonable level of competency and oversight but there are certain things that we don’t guarantee or warranty about our Software and Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER PUSH IT, INC.NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC GURANANTEES OR WARRANTIES ABOUT THE SOFTWARE AND SERVICES. FOR EXAMPLE, PUSH IT, INC.DOES NOT MAKE ANY GURANTEES OR WARRANTIES ABOUT THE CONTENT WITHIN THE SOFTWARE AND SERVICES, THE SPECIFIC FUNCTION OF THE SOFTWARE AND SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SOFTWARE AND SERVICES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. WHEN PERMITTED BY LAW, PUSH IT, INC., AND PUSH IT, INC.’S SUPPLIERS AND AFFILIATES, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PUSH IT, INC., AND ITS SUPPLIERS AND AFFILIATES, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SOFTWARE AND SERVICES. IN ALL CASES, PUSH IT, INC., AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE.
If you are using our Software and Services on behalf of a company, the company agrees to be bound by these terms of service. It will hold harmless and indemnify Push It, Inc. and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Software and Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Contact Rules & Operational Hours
It is your obligation to understand how Contact Rules & Operation Hours work in conjunction with each other. They should be used as a benchmark to have Tasks completed on-time but do NOT consider them to be 100% accurate as the calculation formula is complex and open to interpretation. UNDER NO CIRCUMSTANCES SHALL PUSH IT, INC. BE HELD FINANCIALLY LIABLE FOR LOSS OF INCOME DUE TO CONTACT RULES.
Our terms of service may change at any time and we’ll make available changes to these terms on the terms of service page with 10 days notice. That being said, changes addressing new features for Software or Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Software or Service, you should discontinue your use of that Software or Service and will be provided a prorated refund of any amounts paid.
If you do not fulfill these terms, and we don’t take immediate action, does not waive any rights we have for enforcing these in the future.
If a term is unenforceable, this will does not affect any other terms.
The laws of California, U.S.A., will govern any disputes arising out of or relating to these terms or the Software and Services. All claims arising out of or relating to these terms or the Software and Services will be litigated exclusively in the federal or state courts of San Diego County, California USA, and you and Push It, Inc. consent to personal jurisdiction in those courts.
IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE ON THE EFFECTIVE DATE OF THIS AGREEMENT.