Terms & Conditions

This Website by the URL www.pushengage.com (“Website”) is owned and operated by Push Engage LLC. (hereinafter referred to as, “the Company” and/or “PushEngage”), a limited liability company incorporated under the laws of State of Florida with its address Push Engage LLC, 400 Executive Center Dr Suite 208 West Palm Beach, FL 33401. 

Your use of the website and any products, channels, software, data feeds and services, including the Website’s video player provided to you on or from or through the Website (“Services”) is subject to the terms of a legal agreement between you and the Website.

The expressions “You” or “User”, whenever the context so requires, for the purposes of these Terms of Use, shall mean any natural or legal person who may create by registration, membership account on this Website or agree to avail Our Services through this Website, or otherwise access our Website. 

The expressions “We”, “Us”, “Our”, “Website” shall mean the Company or its affiliates or agents. 

These terms and conditions (“Terms of Use”) apply to your use of this Website. By accessing or otherwise using the site You agree to be bound by these Terms of Use. Any membership account You may create by registration on this Website and/or purchase or avail any product or service available through this Website are governed by these Terms of Use.

MEMBER REGISTRATION

You would be required to sign up on the Website by providing certain personal details such as name, e-mail address, and website address. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that you have provided such information, then the website may (in addition to any other rights or remedies available to us) refuse registration, suspend access to all current or future use of the Website and the services (or any portion thereof) permanently.
When you sign up on this Website, your personal information will be registered automatically in our database. In case of change in personal information, you may write to us at the contact information provided below.

PRIVACY POLICY

All personal data that You disclose to Us, shall be utilized, stored and transferred in accordance with our Privacy Policy, which can be assed at https://www.pushengage.com/privacy We strongly recommend and urge You to review our privacy policy to understand how We may utilize, store or transfer your personal data.

SUBSCRIPTION FEES

User shall be liable to pay for the use of this Website, via a valid payment method, at the time of signing up at the fee set forth on the Website. User’s monthly payments for the use of this Website, shall be subject to the plan selected by User and on the day of month on which the User was onboarded on the plan (“Onboarding Day”), and the subscription fees shall be automatically charged to the valid payment method provided by User on monthly intervals from the Onboarding Day

In the event of the failure of the User to pay the fees by the due date, the Company may suspend User’s use of this Website.

  •  User agrees that all charges and fees associated with an account are their sole responsibility.
  • Billing shall stop at end of term, during which the use of this Website has been cancelled. In the event of You, the user, intending to cancel your subscription, You shall do so in writing and a minimum of 2 business days before the next billing date. 
  • At the end of each contract term, the contract shall be automatically renewed for a further term, which shall be equal to the original contract length, till such time that either the User or the Company discontinues the use of this Website. Your plan shall be automatically upgraded based on Your active subscribers. 
  •  Payments are irrevocably deemed final and accepted by User unless disputed or sought clarification within fifteen (15) days from the date of issue. This applies for any duration of subscription – monthly/quarterly/yearly or any other mutually agreed upon duration. 
  • Violations of the Company Terms of Use may, at the Company’s discretion, result in immediate and permanent disablement without refund. 
  •  Disputed charges (“chargebacks”) associated with any the Company account may, at the Company’s discretion, result in immediate and permanent disablement.
  •  It is clarified that, no refunds shall be made on annual subscription payments, as all charges for the annual subscriptions are discounted.

TAXES

The Company shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from the User. User agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

MATERIAL PRODUCTS

  •  User will provide the Company with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of the Company. The Company shall make no effort to validate this information for content, correctness or usability.
  • Use of the Company’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of User’s Webspace by the User. 
  • The Company will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth below:

User agrees to not use the Website to:

  •  Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • Harm minors in any way;
  • Impersonate any person or entity, including, but not limited to, a the Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;
  • Upload, post, email, transmit or otherwise make available any content that User does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (“Rights”) of any party;
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, except in those areas (such as shopping) that are designated for such purpose; in no event, however, is junk mail, spam, chain letters, pyramid or Ponzi schemes, or the like allowed;
  • Upload, post, email, 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;
  • Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; 
  •  Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; 
  • Intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law; 
  • Provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; 
  • The Company reserves the right to police its network to verify compliance with all agreed upon terms. 
  • The User agrees to cooperate in any reasonable investigations into their adherence to all agreed upon terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans. 
  • The Company reserves the right to disconnect any website or server deemed to present a security threat to the Company’s customers, servers, or network. 
  • The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by the Company is grounds for termination of all services. 
  • The Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. The Company also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the User, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the User. Use of any information obtained by way of the Company is at the User’s own risk, and the Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. The Company expressly limits its damages to the User for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
  • The Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, the Company may, at its option and at any time, reject this material, including but not limited to after it has been put on the Company’s Server. The Company agrees to notify User immediately of its refusal of the material and afford User the opportunity to amend or modify the material to satisfy the needs and/or requirements of the Company. If the User fails to modify the material, as directed by the Company, within a reasonable period of time, which shall be determined between the parties themselves, the Company may, in its sole discretion, suspend the Users right to use the Website.
  • Certain aspects of the Website may be in beta form as designated by the Company (“Beta Services”). In addition to the disclaimers of warranty set out in this Terms of Use, the Beta Services are provided on an as-is basis with the express understanding that they may not have been tested, have faults, and may not be as secure as other elements of the Website. Any SLA, indemnity, representation or warranty that the Company provides herein does not apply to the Beta Services. The Company reserves the right to terminate the Beta Services at any time, even if User has relied on them as a material inducement to enter into this Agreement. The Company makes no guarantee that Beta Services will be put into production.

TERMINATION

The Company shall have the right to terminate the use of this Website with an immediate effect in writing to the User if any of the following events occur. 

  • User fails to make any payment when it becomes due, 
  • User is in breach of any of its obligations under this Terms of Use, 
  • A liquidator is appointed over the User or any of its assets, 
  • User enters or proposes to enter into any arrangements with its creditors, including voluntary arrangements 
  • User passes a resolution for winding up (other than for the purpose of reconstruction), or a court makes an order to that effect. 

Either the User or Us may, without cause, at any time, by giving the other party 14 days written notice, may terminate its right to use this Website. The Company will accept termination by electronic mail only from registered mail id.

THIRD PARTY ACCOUNT INFORMATION

By using the service in the Website, the User authorizes the Company and its agents to access third party sites, including that of banks and other payment gateways, designated by them or on their behalf for retrieving requested information. 

While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.

The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify the Company immediately in writing of any unauthorized use of their password or account or any other breach of security. The Company will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else’s password at any time. 

Eligibility and Use & Access By Minors

You must be eighteen (18) years of age or over to use the Website. By using the Website, you represent and warrant that you are over eighteen (18) years of age or old and have the right, authority, and legal capacity to enter into this agreement and to abide by all of the terms and conditions of the Terms of Use.

TRADEMARKS & COPYRIGHTS

User warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the User’s account. 

The User agrees to let the Company use their organization’s logo in the Company’s customer list and at other places on its website (including but not limited to the Company.com).

INTELLECTUAL PROPERTY RIGHTS

User shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Website, including without limitation, clearance and/or consents in respect of User’s proposed domain name or content on User’s website.

LIMITED LIABILITY

User expressly agrees that use of the Company’s Web Push Notification Service (“Push Notification Service”) is at User’s sole risk. Neither the Company, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Push Notification Service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Push Notification Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Push Notification Service, unless otherwise expressly stated in this contract. Under no circumstances, including negligence, shall the Company, its offices, agents or anyone else involved in creating, producing or distributing Push Notification Service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Push Notification Service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Company’s records, programs or services. User hereby acknowledges that this paragraph shall apply to all content on Push Notification Service. 

In any event no claim shall be brought unless User has notified the Company of the claim within one year of its arising. 

In no event shall the Company be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

INDEMNIFICATION

User agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against the Company, its agents, its Users, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Users, its agents, employees or assigns. User agrees to defend, indemnify and hold harmless the Company against Liabilities arising out of: 

  • Any injury to person or property caused by any products sold or otherwise distributed in connection with the Company’s Server by User;
  • Any material supplied by User infringing or allegedly infringing on the proprietary rights of a third party;
  • Copyright infringement by User;
  • Any defective product which User sold on the Company’s Server.

DISALLOWED CONTENT

The User shall not use the Website to promote, in any manner Disallowed Content. In the event of the User uses the Website to promote Disallowed Content, the Company shall be entitled to terminate the User’s subscription to the Website. 

The following content shall constitute Disallowed Content:

  • Adult content:
    • Any site whose revenue is gained in part or whole from its adult content.
    • Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
    • Hyperlinks to adult sites, including but not limited to sites who violate these policies.
    • Sites that have discussion boards and share information that is ‘adult’ in nature.
    • Sites that sell or promote ‘adult’ material, including but not limited to adult toys.
  • Online gambling
  • Sweepstakes and Sites promoting Freebies
  • Hate sites
  • Link Farms and Spam sites

FAIR USAGE POLICY

Unless otherwise agreed to in writing, all plans are subject to the following fair usage limits for monthly push notifications sent:

Standard Plans
Free – 30x the number of total allotted subscribers in the plan
Business – 40x the number of total allotted subscribers in the plan

Premium – 50x the number of total allotted subscribers in the plan
Growth – 75x the number of total allotted subscribers in the plan

Custom Plans
Custom plans consist of accounts that are on our Enterprise plan or have more than 500,000 subscribers. All Custom plans are quoted with custom subscribers and send limits.

Overage Policy
Usage in excess of these limits will be subject to a subscription plan upgrade. We will automatically upgrade your account to the least expensive plan that matches your usage needs.

REVISIONS & ERRATA

The materials appearing on the Company’s web site could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its web site are accurate, complete, or current. The Company may make changes to the materials contained on its web site at any time without notice. The Company does not, however, make any commitment to update the materials.

LINKS

The Company has not reviewed all of the sites or email hosting accounts linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company of the site. Use of any such linked web site is at the user’s own risk.

SERVICE LEVEL UNDERSTANDING

The Company shall endeavor to ensure uptime of its Website. In the event of the failure of the Company to provide the service standards, the Company in its sole discretion may provide to the User monetary credits. The value of such monetary credits shall be determined by the Company in its sole discretion. You, the User acknowledge and accept that in no event shall the Company have a liability to pay to You the monetary credits herein mentioned.

In the event the Company determine to pay the monetary credits to You for its failure to meet the service standards, the monetary credits shall be reflected on your monthly invoice, and the sum of the monetary credit shall be deducted from the subscription fees payable by You.

SITE TERMS OF USE MODIFICATIONS

The Company may revise these Terms of Use for its web site at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms of Use. Except as expressly provided herein, including any other contracts incorporated by reference, may only be amended as agreed by the parties in a written amendment (including by a click-to-accept that is accepted by User or Authorized User). The parties further agree that upgrades (e.g. moving up a service plan level), downgrades (e.g. moving down a service plan level), and additional services (e.g. adding account management services) may be agreed via electronic communication that is acknowledged by authorized representatives for both parties. If one party fails to exercise, or delays exercising, any right, remedy or power set out in this Agreement, this shall not operate as a waiver of that right, remedy or power, whether under this Agreement or at law or equity.

FORCE MAJEURE

Except for the payment of fees by User, if the performance of any part of this Agreement by either Party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

GOVERNING LAW

This Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, United States of America and you hereby submit to the non-exclusive jurisdiction of these courts.

AGREEMENT TO GOVERNING LAW AND JURISDICTION

If there is any dispute between you and PushEngage about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in West Palm Beach, Palm Beach County, Florida, with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided always that PushEngage may seek and obtain injunctive relief in any jurisdiction.

MODIFICATIONS TO TERMS OF USE

The Website may make changes to the Terms of Use from time to time in its sole discretion, by updating the same on the Website which shall be effective immediately thereafter. Use of the Website following posting of such amended terms of use shall constitute your acceptance to any such changes. We request you visit this section of the Website and check for any new version of the Terms of Use. 

You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of your assets, change of control or operation of law, without our prior written consent, which will not be unreasonably withheld. We may freely assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.

The Website reserves the right to restrict you from using the Website without any prior intimation upon our sole discretion. Such decision of the Website shall be final and binding on the user.

The Website reserves the right to restrict you from using the Website without any prior intimation upon our sole discretion. Such decision of the Website shall be final and binding on the user.

CONTACT INFORMATION

If you have any questions or concerns with respect to this Terms of Use or the Website or any information contained on thereon, you may contact us by writing to us at [email protected].

Last updated: December 21, 2020