Terms and Conditions
AGREEMENT: This Agreement describes the terms governing your use of the Pushfyi services and products provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference:
- Pushfyi Privacy Statement provided to you in the Services available on the website or provided to you otherwise.
- Additional Terms and Conditions, which may include those from third parties.
- Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
PAYMENT: For services offered on a payment or subscription basis, the following terms apply if you are the User paying for the services, unless Pushfyi or its third party affiliate notifies you otherwise in writing. This agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the services:
- Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information unless stated otherwise in the program ordering or payment terms on the website for the Services.
- You must pay with one of the following: valid credit card or debit card acceptable to Pushfyi.
- By another payment option Pushfyi provides to you in writing.
- If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
- If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs suggested by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
- Pushfyi will not automatically renew your services unless the services are not renewed under this Agreement.
- Additional cancellation or renewal terms may be provided to you on the website for the Particular Services or Products.
USE RESTRICTIONS: Pushfyi maintains this internet website. Reproduction or modification of any information contained in this site is prohibited without the express written consent of Pushfyi. Pushfyi makes no representations that the information contained in this site is appropriate, available or permissible for use in all locations.
RIGHT TO CHANGE OR MODIFY: Pushfyi reserves the right to change, modify and/or withdraw the information, products or services in this site at any time without notice.
LIMITATION OF LIABILITY DISCLAIMER: In all circumstances Pushfyi maximum liability is limited to the purchase price of the products sold. Pushfyi shall not, under any circumstances, be liable for a claim or actions in contract, tort, indemnity or contribution, or other claims related to the product it sells which exceeds this liability limit. Pushfyi shall not be liable for third party claims for damages against the customer, or for malfunction, delays, interruption of service, loss of business, loss or damage to exemplary damages, whether or not Pushfyi is apprised of the possibility of such claims or damages.
GOVERNING LAW AND JURISDICTION: Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Pushfyi and Customer shall be governed by the laws of the State of Delaware, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Pushfyi and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of Delaware, New Castle County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, and equity or otherwise, against Pushfyi that is more than one year after the date of the applicable invoice.
INDEMNIFICATION: Member agrees to indemnify and hold Pushfyi, its parents, subsidiaries, affiliates, officers and employees, agents, and contractors harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Services, the violation of this Agreement, or infringement by Member, or other user of the Services using Member’s computer, of any intellectual property or any other right of any person or entity.
SECURITY: All group Subscription Members are responsible for all usage or activity of the Services by seat license users, including but not limited to their activities under the license and using a password if one is provided, including but not limited to use of your password by any third party. Further, if Subscription Member is accessing the Services via the Pushfyi website, Member acknowledges that like any web application, the Pushfyi website may be susceptible to security breaches. It is the Member’s responsibility to ensure that the computers using the Services are in a secure environment with appropriate firewalls, database encryption, virus protection, and security patches in place. Pushfyi is not liable for any loss of data or any other damages from security breaches, denial of service or other hacker attacks.
WAIVER: The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
SEVERABILITY: If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Texas law.
ENTIRE AGREEMENT: These terms and conditions, together with the Pushfyi invoice respecting the products ordered by Customer are the complete and exclusive agreement between Pushfyi and Customer and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Pushfyi and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
COPYRIGHT AND TRADEMARK INFORMATION: All content included or available on the Pushfyi website including videos, test materials, design, text, graphics, interfaces, and the selection and arrangements thereof is with all rights reserved, or is the property of Pushfyi and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than that included in the License above, modification, distribution, derivative works, display, performance, copying or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Pushfyi, is strictly prohibited. Member agrees he/she will not use any robot, spider, or another automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorised officer of Pushfyi. The logo and trademarks of Pushfyi is owned exclusively by Pushfyi & its associates/sister concern. All other trademarks displayed on Pushfyi website is the trademarks of their respective owners and constitutes neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Pushfyi. No license is granted herein for use of any service mark, trademark and/or trade dress of Pushfyi and/or owner.
RIGHT OF REFUSAL: We reserve the right to limit quantities and to reject orders at our discretion.