ReviewPush Website and Mobile App Terms and Conditions of Use
Last modified: January 18th, 2024
These Website Terms and Conditions of Use (“Terms of Use”) are entered into
by and between You and ReviewPush LLC (“Company”, “we”, or “us”). The
following terms and conditions (these “Terms of Use”) govern your access to
and use of www.reviewpush.com, including any content, functionality and
services offered on or through www.reviewpush.com (the “Website”).
Please read the Terms of Use carefully before you start to use the Website.
By using the Website, including viewing content, using the ReviewPush
Mobile App or emailing content to the operators, you accept and agree to be
bound by these Terms of Use and our Privacy Policy, found at
www.reviewpush.com/privacy-policy, incorporated herein by reference. If You
do not want to agree to these Terms of Use or the Privacy Policy, you must
not access or use the Website.
ACCEPTANCE OF TERMS
By accessing, or using the Website, or by enrolling in or purchasing
Services through this site or by the ReviewPush Mobile App, or by
continuing to accept Services after reviewing the Terms, you are agreeing
to these Terms and are concluding a legally binding contract with
ReviewPush LLC (the “Agreement”).
This Agreement defines the relationship between ReviewPush LLC and you
(“you”, “your”, the “client”). If you are entering into this Agreement on
behalf of a company or other legal entity, you also represent that you have
the authority to bind such entity to these terms, in which case the terms
“you”, “your” or “client” shall refer to such entity. If you do not have
such authority, or if you do not agree with these terms, you must not
accept this Agreement and may not use the ReviewPush site or its services.
ELIGIBILITY
By using the this website or any of the services offered, you represent and
warrant that (a) all registration information you submit is truthful and
accurate; (b) you will maintain the accuracy of such information; and (c)
you are 13 years of age or older. Children under the age of 13 are
prohibited from creating any accounts or purchasing or enrolling for any
Services. Your information and profile may be deleted any Services may be
terminated without warning, if we believe that you are less than 13 years
of age.
OUR SERVICES
ReviewPush LLC provides online reputation management products and services
(“Services”). The Services are described on the individual pages for each
service, which can be accessed at https://www.ReviewPush.com. We may, at
our discretion, periodically change the description or content of our
Services in order to reflect changes to the Service offerings and features,
including, without limitation, to reflect enhanced capabilities, changes in
the service terms, changes in regulatory requirements, and/or any other
modification intended to improve the efficacy of the Services or better
address a perceived need among our customers.
USER ACCOUNTS AND PASSWORDS
Certain features or services offered on or through the Site may require you
to open an account (including setting up a ReviewPush ID and/or
password(s)). You are entirely responsible for maintaining the
confidentiality of the information you hold for your account, including
your login ID and password, and for any and all activity that occurs under
your account as a result of your failing to keep this information secure
and confidential. You agree to notify us immediately of any unauthorized
use of your account or password, or any other any other breaches of
security. ReviewPush LLC cannot and will not be liable for any loss or
damage from your failure to comply with this security obligation.
DATA SECURITY
We take seriously our responsibility to keep secure the information that
our users and customers entrust to us. To protect this confidential
information, we use industry standard safeguards to protect confidential
information stored on our systems.
PRIVACY
Our privacy policy located at https://www.ReviewPush.com/privacy-policy
(“Privacy Policy”) applies to use of this Website and the Services, and its
terms are made a part of these Terms of Use by this reference.
Additionally, by using the Services or the Website, you acknowledge and
agree that Internet transmissions are never completely private or secure.
SITE CONTENT
All information and content available on this Website (collectively,
“Content”) is protected by copyright and other intellectual property laws.
The Content and Website is owned by ReviewPush LLC. The Content is intended
for personal and noncommercial use only. Any use of the Content not
expressly permitted by these Terms of Use is a breach of these Terms of Use
and may violate copyright, trademark, and other laws.
Your use of the Website and all Content is on an “as is” basis, at your own
risk, and we do not make and expressly disclaim any express or implied
warranties, representations or endorsements whatsoever (including without
limitation warranties of title or non-infringement, or the implied
warranties of merchantability or fitness for a particular purpose) with
regard to the Website or the Content.
You may only use or reproduce the Content for your own personal and
non-commercial use. The following activities are prohibited: (1) using any
robot, spider or other automatic device, or a manual process, to monitor or
copy web pages or the Content contained in the Site or for any other
unauthorized purpose without our prior expressed written permission; (m)
using any device, software or routine to interfere or attempt to interfere
with the proper working of the Site; (n) decompiling, reverse engineering,
disassembling or otherwise attempting to obtain the source code for the
Software; or (o) taking any action that imposes an unreasonable or
disproportionately large load on ReviewPush’s hardware and software
infrastructure (collectively, “Prohibited Activities”).
COPYRIGHT
We respect the intellectual property of others and ask that users of our
Site and Services do the same. In connection with our Site and Services, we
have adopted and implemented a policy respecting copyright law that
provides for the removal of any infringing materials and for the
termination, in appropriate circumstances, of users of our Site and
Services who are repeat infringers of intellectual property rights,
including copyrights. If you believe that one of our users is, through the
use of our Site and Services, unlawfully infringing copyright(s) in a work,
and you wish to have the allegedly infringing material removed, the
following information in the form of a written notification (pursuant to 17
U.S.C. SS 512(c)) must be provided to our designated Copyright Agent:
-
Your physical or electronic signature;
-
Identification of the copyrighted work(s) that you claim to have
been infringed;
-
Identification of the material on our services that you claim is
infringing and that you request us to remove;
-
Sufficient information to permit us to locate such material;
-
Your address, telephone number, and e-mail address;
-
A statement that you have a good faith belief that use of the
objectionable material is not authorized by the copyright owner,
its agent, or under the law; and
-
A statement that the information in the notification is accurate,
and under penalty of perjury, that you are either the owner of the
copyright that has allegedly been infringed or that you are
authorized to act on behalf of the copyright owner. Please note
that, pursuant to 17 U.S.C. SS 512(f), any misrepresentation of
material fact (falsities) in a written notification automatically
subjects the complaining party to liability for any damages, costs
and attorney’s fees incurred by us in connection with the written
notification and allegation of copyright infringement
LINKS TO OTHER SITES
This Site may contain links to other independent third-party Web sites
(“Linked Sites”). These Linked Sites are provided solely as a convenience
to our visitors. Such Linked Sites are not under our control, and we are
not responsible for and do not endorse the content of such Linked Sites,
including any information or materials contained on such Linked Sites. You
will need to make your own independent judgment regarding your interaction
with these Linked Sites.
INDEMNITY
You agree to indemnify, hold harmless and defend us, our officers,
directors, employees, agents, and third-party suppliers or affiliates, at
your expense, against any and all third-party claims, actions, proceedings,
and suits brought against us or any of our officers, directors, employees,
agents, third-party suppliers or affiliates, and pay all related
liabilities, damages, settlements, penalties, fines, costs or expenses
(including, without limitation, reasonable attorneys’ fees and other
litigation expenses) incurred by us or any of our officers, directors,
employees, agents, third-party suppliers or affiliates, arising out of or
relating to: (a) your breach of any term or condition of this Agreement;
(b) your fraudulent or malicious use of the Services; (c) your violation of
applicable laws, rules or regulations in connection with the Services; (d)
our use of any content or information, including Client Materials or
Reviewer Information, you provide to us; or (e) the disclosure of your
relationship with us. In such a case, we will provide you with written or
electronic notice of such claim, suit or action. You shall cooperate as
fully as reasonably required in the defense of any claim. We reserve the
right, at our own expense, to assume the exclusive defense and control of
any matter subject to indemnification by you.
LIMITATION OF LIABILITY
Types of Damages. NEITHER WE, NOR OUR THIRD PARTY SUPPLIERS, WILL BE LIABLE
TO YOU OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE,
CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR
LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR
ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT,
BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN
IF WE OR OUR THIRD PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH LIABILITY
Amount of Damages. OUR MAXIMUM LIABILITY ARISING OUT OF OR IN ANY WAY
CONNECTED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE FEES
YOU HAVE PAID TO US PURSUANT TO THE ORDER THAT IS THE SUBJECT OF THE CLAIM
DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) US
$50.00. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT INCREASE OUR
LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS HAVE ANY LIABILITY ARISING OUT
OF OR IN ANY WAY
FEEDBACK
Any feedback or information you provide us about the Site or the Services
shall be deemed to be non-confidential, and we shall be free to use such
information on an unrestricted basis.
ARBITRATION, FORUM AND GOVERNING LAW
Any claim, dispute or controversy of whatever nature (“Claim”) arising out
of or relating to this Agreement shall be resolved by final and binding
arbitration. The arbitration shall be conducted by and submitted to a
single arbitrator (“Arbitrator”) selected from and administered by the
Austin, Texas, office of the American Arbitration Association (“AAA”). The
arbitration hearing shall be held in Austin, Texas. This Agreement shall be
governed by and construed under the laws of the state of Texas, consistent
with the Federal Arbitration Act, without reference to its conflict of law
principles. The United Nations Convention on Contracts for the
International Sale of Goods shall not apply to this Agreement. The
Arbitrator shall be authorized to award compensatory damages, but shall NOT
be authorized to award non-economic damages, such as for emotional
distress, or pain and suffering or punitive damages. Each party shall bear
its own attorneys’ fees, cost and disbursements arising out of the
arbitration, and shall pay an equal share of the fees and costs of the
Arbitrator and AAA. Judgment on the award may be entered by any court of
competent jurisdiction. By agreeing to this binding arbitration provision,
the parties understand that they are waiving certain rights and protections
which may otherwise be available if a Claim were determined by litigation
in court, including, without limitation, the right to seek or obtain
certain types of damages precluded by this arbitration provision, the right
to a jury trial, certain rights of appeal, the right bring a claim as a
class member in any purported class or representative proceeding; and a
right to invoke formal rules of procedure and evidence.
NOTICES AND SERVICE MESSAGES
You agree that that we may use our website, mobile apps, and email to
provide you with important notices. You agree that we may provide notices
to you in the following ways: (1) a banner notice on the Service, or (2) an
email sent to an address you provided, or (3) through other means including
mobile number, telephone, or mail. You agree to keep your contact
information up to date.
ASSIGNMENT
These Terms of Use, and any rights and licenses granted hereunder, may not
be transferred or assigned by you, but may be assigned by the Company
without restriction.
AMENDMENTS OR MODIFICATIONS
We may amend, modify or terminate any terms of this Agreement at any time
and such amendment, modification or termination will be effective at the
time we post the revised terms on the site. You can determine when this
agreement was last revised by referring to the “last updated” legend at the
top of this agreement. Your continued use of the site or services after we
have posted revised terms signifies your acceptance of such revised terms.
No amendment to or modification of this agreement will be binding unless in
writing and signed by our duly authorized representative or posted to the
site by our duly authorized representative.
HOW TO CONTACT US
If you want to send us notices or reach our customer support, please
contact us:
By email at: support@ReviewPush.com.
By mail at: 1308 Common St, Suite 205-837, New Braunfels, Texas 78130
ReviewPush LLC
