Please Read Carefully Before Using this Website
Welcome to appush.com (the "APPush Site"). The APPush Site is owned by APPush, LLC ("APPush", "we," "us," or "our"). Your use of the APPush Site and any of its services is governed by these Terms of Use. BY CLICKING THE "I ACCEPT" BUTTON OR BY USING THE APPUSH SITE OR ANY OF ITS SERVICES, YOU AGREE TO THESE TERMS OF USE, INCLUDING THE LIMITATIONS OF LIABILITY PROVISIONS CONTAINED HEREIN. If you do not accept these Terms of Use, you are not authorized use the APPush Site or any of its services and you must select the "I DO NOT ACCEPT" button.
These Terms of Use apply to your use of the service(s) on a beta (or free trial) basis, except that the provisions below regarding payment will not apply to such use.
By using the APPush Site or any of its services, you also agree to the Privacy Policy and the Fees and Payment Policy, each of which are posted on the APPush Site and are hereby incorporated in and made a part of these Terms of Use by reference. In addition, we may offer certain services on or through the APPush Site to which additional or different terms, conditions, rules, or requirements ("Additional Terms") will apply and you will be required to agree with those Additional Terms. These Terms of Use and applicable Additional Terms shall be read and interpreted, to the extent possible, so that there is no conflict between them. To the extent there is such conflict, the Additional Terms governing the applicable activity shall prevail as to that activity.
The APPush Site and its services contain proprietary and confidential information that is available only to registered users and is protected by applicable intellectual property and other laws. Excluding Client Documents (as defined below), the content on the APPush Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (collectively, "Materials") and the trademarks, service marks, and logos on the APPush Site or its services ("Marks"), are owned by or licensed to APPush, LLC, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
Subject to your full compliance with these Terms of Use, you may access and use the APPush Site and its services and content, including the Materials, for your own personal purposes. All rights not expressly granted are reserved by APPUSH, LLC and its suppliers and licensors. Except as expressly authorized by APPUSH, LLC, you agree not to download, modify, duplicate, rent, lease, loan, sell, distribute, or create derivative works based upon the APPush Site or any of its services or contents (including the Materials), in whole or in part, nor may you use any of these items for any commercial purposes. You agree not to access the APPush Site or its services by any means other than through the interface that is provided by APPUSH, LLC for use in accessing the site and services.
APPUSH, LLC reserves the right to modify or amend these Terms of Use at any time by notifying you of such changes via electronic communication, which may include posting the modified Terms of Use on the APPush Site, or posting a notice of the modified terms to clients and users, or by e-mail to you, at our sole option. All changes will be effective upon our posting or sending the communication and will only affect your use of the services after the effective date of the change, unless we clearly express otherwise. You are encouraged to regularly visit these Terms of Use to review for any changes. Your use of the APPush Site or any of its services after APPUSH, LLC provides notice of such changes as provided in this paragraph shall be deemed your approval of such changes. However, if you have already paid for services for a particular project ("Project"), then the Terms of Use that were in force at the time of your payment for that Project will remain in effect for that Project. Any new Projects submitted and paid for after the effective date of changes to these Terms of Use are subject to the new terms.
The APPush Site and its services are continually under development and changes to the APPush Site and the services, including adding or deleting services and/or features, may be made at any time. You agree that APPUSH, LLC shall not be liable to you or to any third party for any such modification of the APPush Site, its services, or these Terms of Use and your sole remedy for such modification is for you to terminate your right to access and use the APPush Site and its services as provided below.
You must register to use the services as a client of the APPush Site. By registering, you represent, warrant, and covenant that you will: (a) provide true, accurate, current, and complete information about yourself as prompted by our registration form (such information being the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if APPUSH, LLC has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, APPUSH, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the APPush Site and its services.
You may not transfer your account to any third party without the prior written consent of APPUSH, LLC. You will be assigned, or you must choose, a user name and password for access to and use of the APPush Site and its services. You are responsible for maintaining the confidentiality of your user name and password and for all activities that occur through use of your account or under your user name and/or password. If your username and password are disclosed to any third party, either by way of being incorporated into the source code of your application or by any other method, you agree to pay all applicable fees, if any, for access to and use of the APPush Site and its services by any such third party, in accordance with the then-current Fees and Payment Policy. You further agree to promptly notify us of any unauthorized use of your user name, password, or any other breach of security that you become aware of involving or relating to the APPush Site and its services by emailing us at info@appush.com. In order to maintain the security of your account, we recommend that you exit from your account at the end of each session, in particular when using a public or shared computer. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
As between you and us, all document(s), clippings, keys, and other content that you upload as part of your account to the APPush Site and its services (collectively, "Client Documents") will remain your intellectual property. We will never claim ownership of Client Documents nor share them with anyone outside of APPUSH, LLC, nor will we share them with other agents or the Service Providers (as defined below), except with your permission or as provided in these Terms of Use (or any applicable Additional Terms). You may designate the sharing of Client Documents with other clients or users of the APPush Site or services at your discretion in account settings on the APPush Site.
You agree that by submitting Client Documents to the APPush Site and its services, you grant to APPUSH, LLC and its providers, suppliers, licensors, and agents a royalty-free, worldwide, full paid-up, irrevocable, non-exclusive right and license to store, use, reproduce, modify, and distribute, in accordance with these Terms of Use, your Client Documents as part of the operation of the APPush Site and its services, including for technical maintenance, software development, debugging, and backup purposes. You acknowledge and agree that we may use third party technical service providers, such as hosting providers and storage or server operators, third party payment processors, web hosting services providers, and web analytics ("Service Providers"), who may have access to your Client Documents solely for purposes of providing services to APPUSH, LLC and who will not be permitted to otherwise use your Client Documents without your prior consent.
If you submit any Client Document to a Project, you further grant to APPUSH, LLC and Service Providers a royalty-free, worldwide, full paid-up, irrevocable, non-exclusive right and license to use, reproduce, modify, and create derivative works of such Client Document in performing services for the Project.
You represent that you have the right to provide, and allow use pursuant to these Terms of Use, all Client Documents submitted to the APPush Site and its services without violation of any third party rights, these Terms of Use, or any laws or regulations. You acknowledge that APPUSH, LLC does not pre-screen Client Documents, but that APPUSH, LLC and its designees have the right (but not the obligation) to refuse or remove any Client Documents from the APPush Site and its services that violate these Terms of Use, as determined by APPUSH, LLC in its discretion. APPUSH, LLC is not responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any Client Documents.
You acknowledge and agree that APPUSH, LLC may preserve or disclose Client Documents if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the APPush Site and its Terms of Use; (c) respond to claims that any Client Documents violate the rights of third parties; or (d) protect the rights, property, or personal safety of APPUSH, LLC, its agents, Service Providers, clients, or others.
You understand that the technical processing and transmission of the APPush Site and its services, including your Client Documents, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
If you agree to perform any services in a Project for another client, then with respect to such other client's documents ("Other Client Documents"), you agree to assign, and you hereby do irrevocably assign, all rights you may have in and to such Other Client Documents, including all copyrights and other intellectual property and proprietary rights, and to the extent you cannot assign any such rights under applicable law, you irrevocably waive any and all such rights. In addition, you agree not to disclose, transmit, distribute, reproduce, or use any of such Other Client Documents other than solely for purposes of performing your obligations under the Project pursuant to these Terms of Use or applicable Additional Terms.
You agree that you will not, nor will you permit any third party to: (a) license, sublicense, resell, transfer, or assign to a third party your right to use the APPush Site and its services, nor operate as a service bureau or otherwise use the APPush Site and its services on behalf of or for the benefit of a third party; (b) modify, copy, or create derivative works from the APPush Site and its services or any of its Material other then Client Documents (each as defined below); (c) attempt to access, decompile, or reverse engineer the software and technology through which APPUSH, LLC provides the APPush Site and its services, or use the APPush Site and its services to create or modify a competitive product or service; (d) except with the prior express permission of APPUSH, LLC, create Internet "links" to the APPush Site and its services or "frame" or "mirror" the APPush Site and its services on any other server or wireless or Internet-based device; (e) attempt to gain unauthorized access to the APPush Site and its services or any content or the networks or systems through which APPUSH, LLC provides the APPush Site and its services, including access to the APPush Site and its services by any means other than the interface provided by APPush, LLC for use in accessing the APPush Site and its services, or use any unauthorized means to modify or reroute the APPush Site or services (or attempt to do so); (f) use the APPush Site and its services in any manner which could damage, disable, overburden, or impair the APPush Site and its services or interfere with any other party's use and enjoyment of the APPush Site and its services, or send or store material containing software viruses, worms, Trojan horses, or other harmful code; (g) use the APPush Site and its services for an illegal purpose or in furtherance or encouragement of illegal activities; or (h) post, upload, transmit, submit, or store Client Documents (or to engage in behavior or otherwise use the APPush Site or services in a manner) that is harassing, infringing, libelous, invasive of another's privacy, harmful, threatening, fraudulent, deceptive, obscene, or otherwise unlawful or tortious, or that would give rise to civil liability, including without limitation sending, transmitting, or using the APPush Site or services in any manner associated with any unsolicited bulk messages or unsolicited commercial messages ("spam").
You may not remove, deface, or obscure any of our or our providers', suppliers', or licensors' copyrights, trademarks, and other proprietary notices on, in, or associated with the APPush Site and its services.
The manner in which we may disclose information about you to Service Providers is provided in the Privacy Policy. We require every Service Provider to be bound by an agreement in which the Service Provider agrees to maintain the confidentiality of your personal information and to respect your intellectual property rights, in accordance with these Terms of Use and our Privacy Policy.
In addition, the APPush Site also may link to third party sites not owned or controlled by APPUSH, LLC. You also acknowledge and agree that the APPush Site and services will be used by other clients and users. APPUSH, LLC is in no way liable for the actions of any other clients or users of the APPush Site or services, or for the contents of any third party web sites. The opinions expressed by other clients or users do not necessarily represent those of APPUSH, LLC, nor is APPUSH, LLC responsible in any way for the words or actions of such persons or entities.
You agree to pay all applicable fees, if any, for your access to and use of the APPush Site and its services, as specified in APPUSH, LLC's then-current Fees and Payment Policy. Unless otherwise provided in the Fees and Payment Policy, payment for all services is due at the time the service is requested. APPUSH, LLC may change the fees and other aspects of the Fees and Payment Policy at any time by providing 30 days prior notice, effective upon posting. All fees are exclusive of sales, use, excise, or any other taxes, and you are responsible for all such taxes except those based upon APPUSH, LLC's net income or assets. Payment obligations cannot be cancelled and payments are not refundable. You must provide APPUSH, LLC with valid credit card information when registering for the APPush Site and its services, and you must notify APPUSH, LLC in advance of any change in that information. Where applicable, APPUSH, LLC charges and collects in advance for use of the APPush Site and its services. APPUSH, LLC will automatically renew and bill your credit card or issue an invoice to you each year on the subsequent anniversary or as otherwise mutually agreed upon. Failure by APPUSH, LLC to receive payment in full when due will entitle us to suspend or terminate your account.
Services provided by APPUSH, LLC on a beta basis shall be free of charge for a duration not to exceed 90 days (the "Beta Period"). Usage of the services provided by APPUSH, LLC on a beta basis shall be free of charge during the Beta Period to the extent that such usage does not exceed 10 gigabytes. At the end of the Beta Period, APPUSH, LLC may collect payment for its products and services in accordance with these Terms of Use and with APPUSH, LLC's Fees and Payment Policy. If usage exceeds 10 gigabytes during the Beta Period ("Additional Usage"), APPUSH, LLC may collect payment for such Additional Usage in accordance with these Terms of Use and with APPUSH, LLC's Fees and Payment Policy.
A customer who gains access to and use of the APPush Site and its services on a beta basis will be guaranteed the rates as provided by APPUSH, LLC in its then-current Fees and Payment Policy for a period not exceeding 12 months after the expiration of the Beta Period. The price guarantee shall not apply to any customer who gains access to the APPush Site and its services without first participating on a beta basis.
APPUSH, LLC reserves the right to refuse service to any client at any time and for any reason. Such refusal may include, but is not limited to, any Project involving material that APPUSH, LLC determines to: (a) be violent, obscene, or offensive; (b) advocate violent or illegal activity; (c) contain (or have the potential to contain) any computer viruses; (d) contravene any law, statute, or ordinance; or (e) that otherwise violates these Terms of Use.
Should any client act in a manner that we determine to be threatening, violent, disruptive, or offensive toward us, a Service Provider, another client, or any third party, APPUSH, LLC reserves the right to terminate the client's account and any and all services then in progress prior to their completion. You further acknowledge and agree that APPUSH, LLC may terminate your account and delete Client Documents if you have not used the APPush Site or its services for a period of 6 months, or otherwise pursuant to the Fees and Payment Policy.
You may terminate your use of the APPush Site and its services at any time. If you are paying for a subscription service, any such termination is effective only upon written notice to APPUSH, LLC in accordance with these Terms of Use. Otherwise, you will be billed and you will be liable for payment for such subscription services in accordance with the Fees and Payment Policy, even if you actually stop using the APPush Site and services.
Upon any termination, we will be under no obligation to provide a monetary refund to the client. If we determine in our sole discretion that a refund is warranted, we will prorate the refund in light of the services already performed and will deduct from it any costs that have been incurred in processing the Project to the point of termination.
In addition, upon termination, except where we terminate your account for your breach, non-use, or otherwise for cause, we will provide you with seven (7) days to retrieve Client Documents from the APPush Site. After such seven-day period, and in all other cases, we reserve the right to permanently delete all such Client Documents and to terminate your access to and use of the services.
APPUSH, LLC will use commercially reasonable efforts to enlist the work of highly qualified Service Providers to render professional services. Nonetheless, we cannot guarantee that documents and services will meet all of your expectations, or that documents and services will be entirely error-free. While reasonable efforts are made to keep the APPush Site accurate and current, APPUSH, LLC assumes no liability for any inaccuracies in the APPush Site or any of its services or for any damages that may result from the use of information posted on the APPush Site or any of its services. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APPUSH SITE AND ALL OF ITS SERVICES IS AT YOUR OWN RISK. As part of this assumption of risk, you acknowledge and agree that you are responsible for providing accurate and complete information when submitting your Project to us and for reviewing all materials returned to you as part of that project.
Customers gaining access to the APPush Site and its services on a beta basis hereby acknowledge and agree that reasonable downtime may occur with the APPush Site and its services in the normal course of development. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APPUSH SITE AND ALL OF ITS SERVICES ON A BETA BASIS IS SUBJECT TO REASONABLE DOWNTIME AND YOU FURTHER AGREE THAT APPUSH, LLC ASSUMES NO LIABILITY FOR ANY SUCH DOWNTIME OR FOR DAMAGES THAT MAY OCCUR AS A RESULT OF SUCH DOWNTIME.
If you are not satisfied with the services, you are encouraged to immediately inform APPUSH, LLC by email at info@appush.com. At no time, however, are we obligated to issue a monetary refund, nor are we liable for damages in connection with any defect, perceived or real, in the services rendered. You understand that the words and opinions of other clients and users of the APPush Site and services are not necessarily those of APPUSH, LLC, and APPUSH, LLC does not and cannot accept responsibility for such words or opinions.
You further agree that neither APPUSH, LLC nor any Service Provider in any way guarantees a particular outcome (e.g., increased sales, etc.) as a result of the use of its services.
In accepting these Terms of Use, you expressly agree that you understand the limitations of liability set forth in these Terms of Use and, further, agree that you will not seek damages against APPUSH, LLC or its agents, suppliers, licensors, or Service Providers for any perceived or real defect in the documents provided or services rendered, or for any consequences of such a defect.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL APPUSH, LLC OR ANY OF ITS LICENSORS, SUPPLIERS, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APPUSH SITE OR ITS SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In any event, if the above limitations and exclusions are not enforceable or do not apply, APPUSH, LLC's aggregate liability otherwise in connection with the APPush Site and its services shall not exceed the amounts, if any, actually paid by you to APPUSH, LLC for the APPush Site and its services in the 12-month period prior to the event giving rise to such liability.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE APPUSH SITE AND ITS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, APPUSH, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE APPUSH SITE OR ITS SERVICES, OR ANY PORTION OF EITHER, WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVICES, OR THE SERVER, NETWORK, OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPUSH SITE OR ITS SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPUSH, LLC, ANY AGENT, OR ANY SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
You agree to indemnify and hold APPUSH, LLC, its employees, suppliers, licensors, agents, and Service Providers (and its and their successors, officers, directors, and employees) harmless from and against any and all claims, demands, costs, liabilities, judgments, losses, expenses, and damages (including attorneys' fees) arising out of, in connection with, or related to: (a) your use of the APPush Site or any of its services, including without limitation any problems arising from technical difficulties (including, but not limited to, the transmission of computer viruses and the interruption of services), any fraudulent use of a credit card or other payment method used to purchase services, or any violation of these Terms of Use; or (b) any Client Documents or any other data, software, services, or other materials that you use in connection with your access or use of the APPush Site or its services, including without limitation any claim that such data, software, services, or other materials, or any part thereof, infringes, misappropriates, or otherwise violates any copyright, patent, trade secret, trademark, or other legal right of any third party.
These Terms of Use shall be governed in accordance with the laws of the State of Florida without regard to its conflicts of laws provisions.
Any dispute, controversy, or claim arising out of or relating to the use of the APPush Site, any of its services, or these Terms of Use, including any breach thereof, shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Any arbitration shall be conducted in Miami, Florida. Judgment on the award rendered may be entered in any court having jurisdiction thereof.
Without limiting the foregoing, where APPUSH, LLC or you makes a good faith determination that a breach of these Terms of Use by the other (including infringement of intellectual or proprietary rights) is such that a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy, such action may proceed without first resorting to arbitration as described herein.
The information communicated through the APPush Site and its services constitutes an electronic communication. When you communicate with us through the APPush Site and its services or other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us.
Notices and communications to APPUSH, LLC must be sent to the applicable address given in this agreement.
The APPush Site and its services are controlled and operated by APPUSH, LLC and by its suppliers and licensors in offices across the United States. APPUSH, LLC makes no representation that materials in the APPush Site and its services are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the APPush Site and its services from jurisdictions where the contents of the APPush Site and its services are illegal or penalized is prohibited.
If you provide to us in any way any suggestions or comments regarding the APPush Site or any of its services, features, or aspects, you agree that we (and our providers, suppliers, and licensors) may use, share, commercialize, and exploit any and all such feedback without obligation or liability to you or any third party, in perpetuity. You agree not to submit any feedback that is subject to any third party rights.
These Terms of Use, and documents referenced and incorporated in and made a part of these Terms of Use, constitute the entire agreement between you and APPUSH, LLC with respect to the subject matter hereof, and supersedes any and all prior agreements and understandings, whether written or oral, between APPUSH, LLC and you with respect thereto.
The section and paragraph headings appearing in these Terms of Use are inserted only as a matter of convenience and in no way define, govern, limit, modify, or construe the scope or extent of the provisions of these Terms of Use. As used in these Terms of Use, the words "including," "for example," and derivatives such as "e.g." shall mean "including without limitation."
You agree that the terms of the Uniform Computer Information Transactions Act, to the extent applicable to the Website and your access and use thereof, if at all, shall not apply to these Terms of Use.
If any portion of these Terms of Use is deemed invalid, void, or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of the remaining terms of these Terms of Use. No waiver of any of any right under these Terms of Use shall be deemed to be a waiver of any preceding or subsequent right or other provision and no delay or omission in exercising any such right shall be deemed a waiver of such right.
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use or your access to and use of the APPush Site and its services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms of Use are personal to you and you may not assign these Terms of Use, or your rights or obligations hereunder, to any third party, without the consent of APPUSH, LLC. Any attempted assignment in contravention of these Terms of Use will be null and void. Any provision of these Terms of Use (including all other incorporated terms, conditions, rules, guidelines, and requirements) intended by its terms to survive the expiration, termination, or cancellation of your relationship with APPUSH, LLC and the APPush Site and its services, or of the expiration, termination, or cancellation the APPush Site operations, including its product, services, and activities, shall survive any such expiration, termination, or cancellation.