PushPress, Inc. Core Terms and Conditions of Use

Thank you for choosing to make PushPress, Inc. a part of your team. As gym owners ourselves, we understand how hard you work to provide the best possible experience for your members and clients. We got into this business to help YOU make the most of your time and resources.

Below are our Terms and Conditions of Use. Please read them carefully as they contain some very important information regarding your rights and obligations. We tried to make it as clear and concise as possible because let’s face it, no one actually wants to read these (our lawyers made us include it!). If you have questions about any of the terms, please let us know and we can help clear up any confusion.

 

General Terms

Introduction

This Agreement applies to any use of and access to our Software Service, Website or Apps (collectively “Services”) by you and your Affiliates. By accessing or using the Services (or enabling an Affiliate to access or use the Services), you agree to be bound by these Terms and Conditions of Use, all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing any Services. The materials contained in this website are protected by applicable copyright and trademark law.

Privacy Policy

Our Privacy Policy explains how we collect and use information that is submitted to the Services. By using the Services, you are indicating that you’ve read the Privacy Policy and agree to its terms.

Changes to the Agreement

PushPress, Inc. may revise these terms of this Agreement at any time without notice. By using the Services you are agreeing to be bound by the current version of these Terms and Conditions of Use.

 

Services

Access

PushPress, Inc. will make the Services to which you have subscribed available to you, subject to the terms and conditions of this Agreement.

Changes to Services

We reserve the right to suspend any Services (a) during planned downtime, (b) in connection with a Force Majeure event, or (c) if we believe any malicious software is being used in connection with your account. In addition, we reserve the right to change, suspend or discontinue any features or functions of the Services at any time.

Third Party Offerings

Although the Services may allow you to access or use Third Party Offerings, they are not “Services” under this agreement. PushPress, Inc. does not control Third Party Offerings and will have no liability to you or Affiliates in connection with any Third Party Offerings. Your use of Third Party Offerings is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third Party Offerings.

 

Fees and Payments

Software Services Fees

Fees for the subscribed Core Services are set forth on our website (www.pushpress.com/pricing/).

Payment Terms

You agree to pay PushPress, Inc. Core Subscription Fees and any other applicable fees otherwise specified in this Agreement. All payment obligations under this Agreement are non-cancelable and all fees paid are non-refundable. Unless otherwise stated, fees must be paid in advance of each billing period. You will provide PushPress, Inc. with valid and updated credit card information or another form of payment acceptable to PushPress, Inc. If you provide credit card information, you represent that you are authorized to use the card and you authorize PushPress, Inc. to charge the card for all payments hereunder. PushPress, Inc. is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, rejected payments, etc.) resulting from charges billed by PushPress, Inc. You agree to reimburse PushPress, Inc. for any penalties, fees, overages or charges incurred as a result of a rejected charge or payment. By submitting payment information, you authorize PushPress, Inc. to provide that information to third parties for purposes of facilitating payment. You agree to verify any information requested by PushPress, Inc. for purposes of acknowledging or completing any payment.

Payment Errors

If you believe a payment has been processed in error, you must provide written notice to PushPress, Inc. within sixty (60) days after the date of payment specifying the nature of the error and the amount in dispute. If notice if not received by PushPress, Inc. within such sixty (60) day period, the payment will be deemed final.

 

Intellectual Property Rights

Use License

PushPress, Inc. grants you a limited, non-exclusive, non-transferable, revocable license to use the Services during the Subscription Term. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;
  2. attempt to decompile or reverse engineer any software contained on the PushPress, Inc. website;
  3. remove any copyright or other proprietary notations from the materials; or
  4. transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by PushPress, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Governing Law

Any claim relating to the PushPress, Inc. web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

 

Term, Termination, and Suspension

Term

Unless otherwise specified, the term of this Agreement will be month to month (“Subscription Term”). The Subscription Term commences on the Effective Date and will automatically renew on a monthly basis until either Party terminates in accordance with this Agreement. Either Party may terminate the Agreement and/or any subscription at any time, for any reason or no reason, by providing notice to the other Party at least thirty (30) days before the end of the relevant Subscription Term. For example, if you would like to cancel on June 30 you will need to provide written notice of cancellation by May 30.

Termination for Cause

PushPress, Inc. may terminate this Agreement and/or any subscription, effective immediately upon notice to you, if you or an Affiliate are in material breach of this Agreement. In the event of a termination for material breach, in addition to other amounts you may owe PushPress, Inc., you must immediately pay any unpaid Subscription Fees associated with the remainder of the Subscription Term. In no event will any termination relieve you of your obligation to pay any fees payable to PushPress, Inc. for the period prior to the effective date of termination.

Data

PushPress, Inc. will make Your Data available to you throughout your Subscription Term and for a period of no greater than thirty (30) days following a notice of termination. It is your responsibility to retrieve all necessary data prior to the final date of your Subscription Term. If at any time during the Subscription Term you require assistance from PushPress, Inc. in retrieving Your Data, additional fees may apply. Upon termination or expiration of the Subscription Term, PushPress, Inc. is no longer responsible for retaining or making Your Data available to you.

Right to Terminate or Suspend Services

We may suspend or terminate your access to and use of the Services (or any portion thereof) at any time without notice if we believe (a) that any activity or use of Services in connection with your account violates this Agreement, the intellectual property rights of a third party or applicable laws or is otherwise disruptive or harmful to PushPress, Inc. or any third party or (b) that we are required to do so by law.

 

Warranties and Disclaimers

Accuracy of Your Account Information

You agree to provide PushPress, Inc. with complete and accurate account information, including your legal company name, street address, email address, bank account, and such other information as may be requested by PushPress, Inc. (collectively, “Account Information”). You are responsible for this accuracy and timely updating of Account Information and you agree to promptly notify PushPress, Inc. in writing if any Account Information changes. PushPress, Inc. is not responsible for any loss or damages caused, either directly or indirectly, by inaccurate Account Information.

Disclaimer

The materials on the PushPress, Inc. website are provided “as is”. PushPress, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, PushPress, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall PushPress, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the PushPress, Inc. website, even if PushPress, Inc. or a PushPress, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on the PushPress, Inc. website could include technical, typographical (it’s just a typo, relax), or photographic errors. PushPress, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. PushPress, Inc. may make changes to the materials contained on its website at any time without notice. PushPress, Inc. does not, however, make any commitment to update the materials.