PushPress, Inc. End User License Agreement (EULA)

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This End User License Agreement (the “Agreement”) is a legal agreement between you (including your heirs, assigns, and successors) (collectively, “you,” “your”) and PushPress, Inc. and its affiliates (collectively, “PushPress,” “we,” “our” or “us”) governing your use of PushPress’ consumer web-based application and/or mobile applications, including the “PushPress Member App”, the “PushPress Branded App”, and “the PushPress Train App” (collectively, “PushPress Mobile App”)

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Please read this Agreement carefully. By completing the registration process, and/or downloading, and/or using a PushPress Mobile App, you represent that (1) you have read, understand, and agree to be bound by this Agreement, (2) you are of legal age to form a binding contract with PushPress, and (3) you have the authority to enter into this Agreement personally or on behalf of the company you have named as the user, and to bind that company to the Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE PUSHPRESS MEMBER APP.

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Registration and Account Activation.

The PushPress Member App and the PushPress Branded App allow you to create a consumer profile that enables you to schedule and pay for classes, memberships, and events, as well as pay for products and services.

The PushPress Train App allows you to view workouts, log your results, view past performance, and interact with your coaches and peers through commenting and GIFs.

You must provide accurate and up-to-date information. You are solely responsible for managing your PushPress Mobile App accounts. We reserve the right to suspend or terminate your PushPress Mobile App account if you provide inaccurate, untrue, or incomplete information or if you attempt to use your PushPress Mobile App to engage in illegal or unethical activities.

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General Usage Rules

You must not use the Services:

  1. in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or
  2. in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.
  3. You must ensure that all Content complies with the provisions of this Policy.

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Use License

PushPress grants you a limited, non-exclusive, non-transferable, revocable license to use the PushPress Mobile App. This is the grant of a license, not a transfer of title, and under this license you may not:

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  1. modify or copy the materials;
  2. attempt to decompile or reverse engineer any software contained on the PushPress website;
  3. remove any copyright or other proprietary notations from the materials; or
  4. transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by PushPress at any time.

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Content

Content (including any text, graphics, images, audio, video, software, data compilations, etc. must not:

  1. be libelous or maliciously false;
  2. be obscene or indecent;
  3. depict violence in an explicit, graphic or gratuitous manner;
  4. be pornographic or sexually explicit;
  5. constitute negligent advice or contain any negligent statement;
  6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  7. constitute a breach of racial or religious hatred or discrimination legislation.

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Authorization for Purchases Made Through PushPress Mobile Applications.

By associating a payment card with your PushPress Mobile App account, searching for and reserving services in the PushPress Mobile App, and agreeing to pay for those services within the PushPress Member App, you are authorizing a charge to your payment card as necessary to complete the purchase. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made through a PushPress Mobile App, you also authorize a credit to your payment card to accomplish that transaction

Privacy Policy

Our Privacy Policy explains how we collect and use information that is submitted to the Services. By using the Services, you are indicating that you’ve read the Privacy Policy and agree to its terms.

Your Right to Terminate.

You may terminate this Agreement at any time by closing your PushPress Mobile App account and ceasing to use the PushPress Mobile App. By closing your PushPress Mobile App, you are not terminating your gym membership.

Our Right to Suspend or Terminate.

We may terminate this Agreement and close your PushPress Mobile App Account for any reason or no reason (with or without notice) at any time, including (but not limited to), if you (a) have violated the terms of this Agreement or any other agreement you have with PushPress or PushPress’ policies, (b) pose an unacceptable credit or fraud risk to us, and/or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct on the PushPress Member App

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Restrictions on Use.

You may use the PushPress Mobile App only to the extent that you obey all laws, rules, and regulations applicable to your use of the PushPress Mobile App.

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Indemnification.

You agree to release, indemnify, defend, and hold harmless PushPress and its respective employees, officers, agents, directors, representatives, contractors, licensors, suppliers and service providers (collectively, the “PushPress Parties”) from and against any and all third-party claims asserted against and of them, and all related costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of or relating to: (a) any actual or alleged breach by you of this Agreement; (b) your access to or use of the PushPress Mobile App; or (c) any actual or alleged violation by you of the intellectual property, PushPress privacy or other rights of third party. This provision does not require you to indemnify any of the PushPress Parties to the extent that a claim arises from any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the PushPress Mobile App.

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Representation and Warranties.

You represent and warrant to us that: (a) you are at least eighteen (18) years of age or possess legal parental or guardian consent; (b) you are eligible to register and use the PushPress Mobile App and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your name or business name; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including any applicable tax laws and regulations; (e) you will not use the PushPress Member App, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the PushPress Member App; and (f) your use of the PushPress Mobile App will be in compliance with this Agreement.

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Governing Law

Any claim relating to the PushPress Mobile App shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

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Changes to the Agreement

PushPress may revise these terms of this Agreement at any time without notice. By using the Services you are agreeing to be bound by the current version of these Terms and Conditions of Use.  If you do not agree to any changes, you must stop using the PushPress Mobile App, and you can terminate your PushPress Mobile App account contacting the gym through which you have your membership. It is your obligation to ensure that you read, understand and agree to the latest version of this Agreement.

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