PushPress Small Business Grant Program Terms
Last Updated Date: April 28th, 2020
Thank you for applying to the PushPress Small Business Grant Program (the “Grant Program”).
Please read these Grant Program Terms (“Grant Terms”) carefully. These Grant Terms are a legal contract between you and PushPress and govern your application and participation in the Grant Program through PushPress.
By submitting an application for the Grant Program, you represent that: (1) You have read, understand, and agree to be bound by these Grant Terms and all by all the decisions of PushPress and any selection committees or other program officials appointed by PushPress relating to the Grant Program and the award of grants, which shall be final in all respects; (2) You are at least eighteen (18) years of age and the age of majority in your jurisdiction or residence; (3) You are not a current government official or a family member (defined below) of a government official; (4) You are not located in any country that is subject to comprehensive sanctions nor are you included on any denied party listing published by U.S. or EU Governmental authorities; and (5) You have the authority to enter into these Grant Terms personally or as a “Representative” of the small business entity for which you are submitting an application, and legally bind that entity (and be bound) to comply with these Grant Terms.
If you do not agree to be bound by these Grant Terms, you may not access or use this website or the services or otherwise participate in the Grant Program.
Please note that the terms are subject to change by PushPress in their sole discretion at any time. When changes are made, PushPress will make a new copy of the Grant Terms available on the PushPress website. We will also update the “Last Updated” date at the top of the Grant Terms. PushPress may require you to provide consent to the updated Terms in a specified manner before further use is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), PushPress may, at their sole discretion, require you to stop using the PushPress service. Otherwise, your continued use of the PushPress services or participation in the Grant Program constitutes your acceptance of such change(s). Please regularly check the website to view the current terms. The Grant Program is subject to all applicable laws and regulations and is void where prohibited.
1. PushPress Grant Program
1.1 Generally. Eligible small businesses (“Applicants”) to apply to the Grant Program through the third party application TypeForm or via the PushPress website. During the application process, PushPress will ask Applicants questions to determine their eligibility for the Grant Program. PushPress is not a financial institution (i.e., we are not a bank or a lender).
1.2 Eligibility. The Grant Program is intended to help support certain small businesses who need assistance due to adverse economic effects of Coronavirus (COVID- 19). To be eligible for the Grant Program, Applicants must be a Representative of a business that: (a) has been in business for a minimum of one (1) year; (b) can promptly provide all documentation requested by Company to show proof of business status; (c) has been negatively affected by Coronavirus (COVID-19); and (d) is not owned by (in whole or in part by) and does not employ any individuals who are an employee of PushPress or a person engaged in the administration, selection or judging process for this Grant Program, or are a family member of same; additionally, Applicants may be required to successfully pass a background check (collectively, the “Eligibility Requirements”). PushPress may update the Eligibility Requirements at any time, at their sole discretion. For purposes of this Grant Program, the term “family members” is defined as any spouse, partner, parent, legal guardian, child, sibling, grandparent, grandchild, or in-law.
1.3 No Guarantees for Applicants. Use of our services does not guarantee that an applicant will qualify to participate in the Grant Program and receive a grant, and/or that an applicant will qualify to participate in the Grant Program and receive a grant, and/or that an applicant will be approved for a grant in a certain amount. A determination of eligibility does not automatically result in approval for a grant and not all eligible applicants may receive grants. In order to determine if you meet the eligibility requirements, PushPress will ask you for certain historical and financial information. By submitting responses to such information, you acknowledge and agree that we may perform, and/or use such information to have one or more third parties perform, a background check, and that applicant’s background check may be used to verify eligibility to participate in the Grant Program and to confirm your identity to avoid fraudulent transactions in your name.
1.4 Application Data. In completing and submitting an application to participate in the Grant Program, Applicant agrees to: (a) provide true, accurate, current and complete information about the Applicant as prompted by PushPress; and (b) maintain and promptly update any such data or information, as necessary, to keep it true, accurate, current and complete. If any information Applicant provides is untrue, inaccurate, not current or incomplete, we have the right to terminate your application for the Grant Program, and may withhold any awarded funds. In addition, in such an event, Applicant agrees to return to PushPress any previously awarded funds. When you submit an application for the Grant Program, you agree to cooperate in the application process, including, without limitation, by submitting all required documentation in a timely manner, and, if needed, to obtain information we may need from third parties. As the Applicant, you acknowledge and agree that our ability to facilitate the processing of the grant and participation in the Grant Program depends on such cooperation.
1.5 Sharing of Information. In order to facilitate the Grant Program, Applicant directs PushPress to disclose, exchange and otherwise provide to Grant Program judges, selection committee members; and/or other service providers of PushPress any and all information collected by us for the purpose of administering, evaluating your ability to qualify for, judging your application for, and/or otherwise carrying out any aspect of, the Grant Program.
1.6 Agreement to Additional Terms. If you are approved to participate in the Grant Program, you may be required to enter into additional agreements or supplementary terms as a condition of receiving further consideration for an award.
1.7 Grant Awards. After the application window has closed, PushPress’ selection committee will review properly submitted applications and recommend grant awards for qualifying eligible businesses. Decisions to make awards and regarding the amount of awards will be made by PushPress’ selection committee members in their sole discretion based on their assessment of impact and need. Applicant understands that all determinations of whether Applicant meets the Eligibility Requirements, and all decisions regarding applications, awards, and award amounts are final, and are not subject to any appeal or contest. Applicant agrees to accept the decision of PushPress, including, without limitation, PushPress’ selection committee, and agrees that PushPress is not obligated to give any information related to their decision on whether Applicant qualifies and can participate in the Grant Program, nor the decision on how much money to grant.
1.8 Use of Grant Funds. Applicant will not use funds provided under the Grant Program for the purpose of furthering any business activity relating to the production, development, promotion sale or distribution of: (i) tobacco, vaping and related products; (ii) recreational drugs, or unsafe supplements; (iii) weapons, ammunition, or explosives; (iv) adult products or services; (v) penny auctions; (vi) multilevel marketing models; (vii) third-party infringement payday loans; (viii) paycheck advances; (ix) bail bonds; (x) discriminatory advertising; (xi) religious advertising; (xii) social issues, elections or politics; (xiii) State lotteries; (xiv) cosmetic surgery or similar procedures; (xv) weight loss products and plans; (xvi) real money gambling; (xvii) alcohol; or (xviii) illegal products or services. Applicant further agrees not to use funds provided under the Grant Program in any way that would violate applicable laws, including, without limitation, in any manner that would constitute bribery, an illegal kickback, an illegal campaign contribution, or any other violation of applicable anti-corruption, political activity, economic sanctions, or other laws (collectively, “Grant Restrictions”).
1.9 Taxes. To the fullest extent allowable under applicable law, all taxes (including, without limitation, national, federal, state, provincial, territorial, prefectural, and/or local taxes, as well as any interest, penalties and additions to tax), as well as any expenses arising from acceptance or use of the grant award and not specified in the Terms as being provided as part of the Grant Program, are your sole responsibility. Prior to receiving any Grant award, you will provide PushPress with a properly completed Internal Revenue Service (“IRS”) Form W-9 or appropriate IRS Form W-8, as applicable. PushPress will be entitled to deduct and withhold from any funds granted pursuant to the Grant Program such amounts as are required to be deducted and withheld under law with respect to the making of such payment. To the extent that amounts are so withheld, such withheld amounts shall be treated as having been paid to the person in respect of whom such deduction and withholding was made. Regardless of any action any party takes with respect to any applicable national, local, or other taxes or social contributions, withholdings, required deductions, or other payments, if any, that arise upon the payment of the grant (“Tax-Related Items”), you acknowledge and agree that the ultimate liability for all Tax-Related Items legally due by you is and remains your responsibility and may exceed the amount (if any) actually withheld by PushPress. You agree to make adequate provision for (and indemnify PushPress and each of their respective subsidiaries and affiliates) any Tax-Related Items. You further acknowledge and agree that you are solely responsible for filing all relevant documentation that may be required in relation to the grant, or any Tax-Related Items, other than filings or documentation that are the specific obligation of PushPress pursuant to applicable laws, such as, but not limited to, corporate income tax returns or reporting statements in relation to the grant. You further acknowledge that PushPress: (a) makes no representations or undertakings regarding the treatment of any Tax-Related Items in connection with any aspect of the grant; and (b) does not commit to and is under no obligation to structure the terms of the grant to reduce or eliminate your liability for Tax-Related Items, or achieve any particular tax result. Further, if you become subject to Tax-Related Items in more than one jurisdiction, you acknowledge and agree that PushPress may be required to withhold or account for Tax-Related Items in more than one jurisdiction.
2.1 Services. Except with respect to the information or data you submit through the Grant Program Application (collectively, “Your Data”), you agree that PushPress and its suppliers own all rights, title and interest in the PushPress Grant Program, including, but not limited to, the PushPress website and Grant Program application. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the PushPress website.
2.2 License to Your Data. You grant PushPress a non-exclusive and fully sublicensable right and license to use, distribute, and reproduce Your Data (in whole or in part) for the purposes of operating and providing the Grant Program application. You agree that you, not PushPress, are responsible for all of Your Data that you make available to PushPress.
2.3 Publicity Rights. PushPress may develop promotional and marketing materials regarding Applicant’s participation in the Grant Program provided hereunder. PushPress may use Applicant’s name and its trademark as a reference both publicly and privately, without limitations, in the PushPress’ marketing and promotional materials, including, but not limited to, press releases, newsletter articles, web site references, and e-mail.
3. User Conduct.
You agree that you will not, under any circumstances:
(a) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(b) Attempt to access or use another user’s Third Party Account without authorization;
(c) Create or use a false identity;
(d) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
(e) Make available any data, information, or content that infringes the rights of any person or entity; or
(f) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You agree to indemnify and hold PushPress, and each of their respective affiliates, officers, directors, employees, agents, representatives, partners and licensors (collectively, the “Program Party(ies)” or “Indemnified Party(ies)”) harmless from and against any and all losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Data, including, without limitation, any inaccuracies therein; (b) your violation of the Terms; (c) your violation of any rights of another party; or (d) your violation of any applicable laws, rules or regulations. The Indemnified Parties reserve the right, at each of their own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the applicable Indemnified Party in asserting any available defenses. This provision does not require you to indemnify any of the Indemnified Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with any PushPress services provided hereunder. You agree that the provisions in this section will survive any termination of your Third Party Account, the Terms, or your access to PushPress.
5. Disclaimer of Warranties and Conditions
5.1 As-Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PUSHPRESS WEBSITE IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO ITS USE OR ENJOYMENT.
(a) PUSHPRESS MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE PUSHPRESS WEBSITE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE PUSHPRESS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PUSHPRESS WEBSITE WILL BE ACCURATE OR RELIABLE.
(b) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PUSHPRESS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
5.2 No Liability For Conduct Of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE INDEMNIFIED PARTIES LIABLE, FOR THE CONDUCT OR INFORMATION OF THIRD PARTIES. WE ARE NOT LIABLE FOR THE ACCURACY OR QUALITY OF ANY THIRD-PARTY SERVICES OR INFORMATION.
6. LIMITATION OF LIABILITY
6.1 DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH PUSHPRESS OR THE GRANT PROGRAM, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING SHALL NOT APPLY TO LIABILITY OF AN INDEMNIFIED PARTY FOR ANY INJURY CAUSED BY AN INDEMNIFIED PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
THE APPLICANT HEREBY WAIVES, RELEASES, COVENANTS NOT TO SUE, AND DISCHARGES PUSHPRESS AND THEIR RESPECTIVE AFFILIATED COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THE EMPLOYEES, REPRESENTATIVES, AGENTS, DIRECTORS, OFFICERS, SUCCESSORS AND ASSIGNS OF ALL OF THE FOREGOING (COLLECTIVELY, “RELEASED PARTIES”) FROM ANY AND ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) OF ANY KIND (COLLECTIVELY, “CLAIMS”) ARISING OUT OF OR RELATED TO THE GRANT PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY INTERACTIONS WITH OR CONDUCT OF OTHER USERS OR THIRD-PARTY WEBSITES OF ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF THE TERMS OR YOUR PARTICIPATION IN THE GRANT PROGRAM. THE FOREGOING RELEASE, WAIVER, AND COVENANT NOT TO SUE, INCLUDES, BUT IS NOT LIMITED TO, CLAIMS ARISING UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT LIABILITY, OR ANY OTHER THEORY. I HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, AND ANY ANALOGOUS PROVISION OF OTHER STATE LAWS.
8.1 Violations. If a Released Party(ies) becomes aware of any possible violations by you of the Terms, PushPress reserves the right to investigate such violations. If, as a result of the investigation, a Released Party(ies) believes that criminal activity has occurred, PushPress reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. PushPress is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Applicant’s Grant Program application, including, without limitation, Your Data, in PushPress’ possession in connection with your use of PushPress, to: (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms; (3) respond to any claims that Your Data violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of PushPress, its users or the public, and all enforcement or other government officials, as PushPress in their sole discretion believes to be necessary or appropriate.
8.2 Breach. In the event that PushPress determines, in their sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate with respect to the Grant Program, PushPress reserves the right to: (a) delete any of Your Data provided through the PushPress website; (b) terminate your pending application(s) if you are an Applicant; (c) discontinue your access to any PushPress services; and/or (d) pursue any other action which PushPress deems to be appropriate. Any Applicant who receives an award under the Grant Program agrees to return to PushPress any grant money awarded if Applicant breaches the Terms.
9. Term and Termination
9.1 Term. The Terms commence on the date when you accept them and remain in full force and effect while you use the PushPress services, unless terminated earlier in accordance with the Terms.
9.2 Prior Use. Notwithstanding the foregoing, if you used the PushPress services prior to the date you accepted the Terms, you hereby acknowledge and agree that these Terms commenced on the date you first used the PushPress services (whichever is earlier) and will remain in full force and effect while you use the PushPress services, unless earlier terminated in accordance with the Terms.
9.3 No Subsequent Registration. If your registration(s) with or ability to access the PushPress website and/or Grant Program, or any other PushPress community is discontinued by PushPress due to your violation of any portion of the Terms, then you agree that you shall not attempt to re-register with or access the PushPress website or any PushPress community through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, PushPress reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
10. General Provisions.
10.1 Dispute Resolution. The Grant Program and any dispute arising under or related thereto (whether for breach of contract, tortious conduct, or otherwise) will be governed by the laws of the State of California, USA, without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of the laws of any other jurisdiction. Any legal actions, suits or proceedings related to the Grant Program (whether for breach of contract, tortious conduct, or otherwise) will be brought exclusively in the state or federal courts located in or having jurisdiction over Los Angeles County, California, USA, and each Applicant accepts and submits to the personal jurisdiction of those courts with respect to any legal actions, suits or proceedings arising out of or related to the Grant Program. Except where prohibited by law, any and all disputes, claims, and causes of action between an applicant and a Program Party arising out of or connected with the Grant Program or these Terms must be resolved individually, without resort to any form of class action.
10.2 Electronic Communications. The communications between you and PushPress use electronic means. For contractual purposes, you: (1) consent to receive communications from PushPress in an electronic form, including promotional material; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that PushPress provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. If you do not wish to receive promotional emails, you may update your subscription preferences within the email or contact PushPress to request removal from the mailing list.
10.3 Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without PushPress’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Applicants agree to not damage or cause interruption of the Grant Program and/or prevent others from participating in the Grant Program. PushPress reserves the right to restrict or void participation from any IP address, email address or domain, device, or other designator or identifiable source if any fraudulent or harmful participation is suspected, as determined by PushPress in its sole discretion. PushPress further reserves the right to disqualify any Applicant who they believe has attempted to tamper with or impair the administration, security, fairness, or proper operation of the Grant Program. Any attempt to damage any online service or website or undermine the legitimate operation of the Grant Program may violate criminal and civil laws. If such an attempt is made, PushPress may disqualify any participant or applicant making such attempt and may seek damages to the fullest extent of the law.
10.4 Force Majeure. Without limiting any other provision in the Terms, PushPress is not responsible or liable to any Applicant (or any person claiming through such Applicant) for delay or failure to perform its obligations hereunder in the event that any of PushPress’ operations or activities are affected by any cause or event beyond the sole and reasonable control of PushPress, including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, pandemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi- governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
10.5 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Grant Program, please contact us at: email@example.com.
10.6 Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
10.7 Severability. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
10.8 Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.