Last Modified: March 14, 2019
We reserve the right to withdraw or amend the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to all or parts of the Services, to users, including registered users.
You are responsible for:
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of them using your user name, password, or other security information. In some instances, we may allow you to authorize additional users (who must first set up their own accounts) (each, an “Authorized User”) to access and use your account. You will be responsible for each Authorized User’s use of your account and each Authorized User’s compliance with these Terms.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You agree that we may provide notices and messages to you within the Services or Website or via the contact information you provided us. You further agree that we may add a link to our Services and a statement such as “Email Marketing by PushSend” or “Powered by PushSend” in the footer or other unobtrusive location of the messages and communications you send using the Services.
Although certain packages many contain “unlimited” features without quantity restrictions (i.e. “unlimited” emailing and landing pages in an Pro account), your usage of those features may nevertheless be limited where it adversely affects our Services and/or our ability to provide the Services to other customers. You will only be affected by this restriction if you use certain features excessively to the extent that such usage overloads our system.
In the event that we determine that your usage is excessively burdening our system, we will contact you immediately and to help you reduce your usage if possible. If you are unable or unwilling to reduce your usage, we reserve the right to suspend or terminate your account in our sole and absolute discretion.
You agree and accept that any measures applied by us under this excessive usage policy shall not entitle you to any refund.
You may terminate your account at any time by clicking on the “Cancel Account” button located on the billing information section of your account profile. YOU ARE SOLELY RESPONSIBLE FOR TERMINATING YOUR ACCOUNT. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR PUSHSEND ACCOUNT AND THIS AGREEMENT.
We may terminate your account or suspend your access to the Services at any time, with or without cause. If we terminate your account without cause, and your account is a pre-paid subscription account, we will refund a prorated portion of your monthly or annual prepayment. We will not refund or reimburse you in any other situation. Once your account is terminated, we will permanently delete your account and all the data associated with it.
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
You must not:
The Company name, the term PushSend, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
You represent and warrant that you either own or have permission to use all of the material, content, data, text, files, images, photos, video, sounds, communications, works of authorship, domain names, or any other materials, data or content and information (including your personal information and the personal information of others, such as the email addresses and phone numbers of your contacts) you upload, post, share, transmit, submit or otherwise make available via the Services (“User Content”). It is your responsibility to verify whether your domain name or any sub-domain provided by us in connection with your creation of a landing page infringes any third party’s rights. We expressly disclaim any liability for any such infringement and reserve the right to block, cancel or rename any domain or sub-domain if we have any concerns about infringement or any legal obligations to do so.
You understand and acknowledge that you are responsible for your own User Content, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
You are solely responsible for User Content, its accuracy, and for the consequences of submitting or posting User Content. We are not responsible for, and we do not endorse, any User Content, and for the avoidance of doubt, we specifically disclaim any liability in connection therewith.
WE DO NOT CONTROL OR ENDORSE USER CONTENT AND WE MAKE NO CLAIMS OR REPRESENTATIONS REGARDING ANY CONTENT WE DO NOT CREATE. WE TAKE NO RESPONSIBILITY RELATED TO USER CONTENT OR THIRD PARTY CONTENT OR ANY ACTIONS RESULTING FROM YOUR USE OF ANY PART OF THE SERVICES, AND EXPRESSLY DISCLAIM ANY LIABILITY FOR SUCH USER CONTENT OR THIRD PARTY CONTENT. WE DO NOT CONTROL OR ENDORSE ANY EVENTS, PRODUCTS, OR SERVICES THAT ARE ADVERTISED, MARKETED, PROMOTED OR OTHERWISE CONNECTED WITH OUR SERVICES, AND WE EXPRESSLY DISCLAIM ALL LIABILITY FOR SUCH EVENTS, PRODUCTS OR SERVICES. IF ANY DAMAGE OR LOSS RESULTS FROM YOUR USE OF, RELIANCE ON, OR ANY OTHER CONNECTION BETWEEN YOU AND ANY CONTENT OR DATA THAT ANY THIRD PARTY MAKES AVAILABLE, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY.
If you are located in the EU and/or use personal data from persons in the EU you represent and warrant to us that:
You understand that not all communications, messages, landing pages, event marketing materials, or other products sent through or created with the Services will be received by or will be capable of being viewed by their intended recipients or will be viewable by their recipients in the same way they appear to you. You further understand that technical requirements and limitations may cause your email correspondence and landing pages to be reformatted or edited. You agree that we may establish general practices and limits concerning use of the Services, including without limitation the number and size of emails that may be distributed by you, the maximum size of any messages that may be transmitted by means of the Services, the number of contacts you may store, the templates that are available to you, or the format and content of a landing page. We reserve the right to modify, revise, suspend or discontinue any of the Services in whole or in part, either temporarily or permanently and with or without notice, and you acknowledge that we are not obligated to support or update the Services in any manner.
Due to maintenance, security or capacity issues, and also to some events over which we may not influence (force majeure, equipment malfunction, power failures, hostile attacks, etc.), the Services may be temporarily suspended or affected. We shall use our best commercially reasonable efforts to correct any errors and minimize any disruption, inaccessibility and/or inoperability of the Services, whether scheduled or not. Where feasible, we will endeavor to provide forty-eight (48) hours advance notice to you in the event of any scheduled downtime.
Further, you may not import or upload any of the following information about third parties, including your contacts, onto the Services: social security numbers, national insurance numbers, credit cards, passwords, security credentials, health information, or any other sensitive personal data.
We do not allow the following types of businesses or businesses promoting the following types of goods, services, or content to use the Services: work from home, make money online, multi-level and affiliate marketing, lead generation opportunities; gambling services or products; dating/escort services; credit repair and debt relief; list brokers or list rental services; sale of social media “likes” or followers; businesses involved in any way with cryptocurrencies, virtual currencies, or any digital assets related to an Initial Coin Offering.
The following types of businesses or businesses promoting the following types of goods, services, or content are subject to additional scrutiny and may be denied access to the Services at our discretion: online trading, day trading tips, or stock market related content; horoscopes; real estate, loans and mortgages; nutritional products, including herbs, vitamins, and supplements; adult entertainment/novelties; and services that send mail on behalf of third parties without creating or reviewing the content.
Additionally, you agree not use the Services to send messages to any recipient without the recipient’s affirmative consent or in any manner that violates anti-spam laws, including the E-Privacy Directive, CAN-SPAM Act and Canada’s Anti-Spam Legislation. You agree to:
We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You may be able to connect your account with third-party accounts, such as Facebook, LinkedIn, Twitter, Instagram, and others. By connecting with the third-party accounts, you consent to the continuous release of information about you to others via the Services (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature. You can disable the connection between your account and any third-party account by accessing the “Settings” section of the Website.
Your relationships with third-party providers are governed solely by your agreements with those providers. If your third-party account becomes unavailable or if our access is terminated by a third-party service provider, then the content and information accessed via that third-party account will no longer be available on or through the Website.
We are not responsible or liable for: (i) the availability or accuracy of any third-party websites or resources (including without limitation social media platforms); or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply our endorsement of them. You assume all risk arising from your use of any such websites or resources (including without limitation social media platforms).
By connecting with your social media accounts on third party websites or resources, you consent to the continuous release of information about you to others via the Website (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
We may disable all or any social media features and any links at any time without notice in our discretion.
Written Notification. We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
DMCA Agent. Our agent for notice of claims of copyright or other intellectual property infringement can be reached via email at or via regular mail at the following address: 325 North End Ave., New York, NY 10282, Attention: Copyright Agent, Craig Diamond.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICE OR ITEM OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY WEBSITE LINKED TO THE SERVICES.
YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR MOBILE APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. government end users: only as Commercial Items, with the same rights as all other end users, and according to the Terms.
Published and unpublished rights are reserved under the copyright laws of the United States. The manufacturer is PushSend Marketing, Inc.