Please read these terms and conditions of use carefully before using this site.
Updated May 24, 2021
This site http:/pushgiant.ai (“Site”) is owned and operated by Adretreaver, LLC (“Adretreaver,” “we,” “us,” or “our”). By accessing or using this Site or any other site, service, software, platform, tool, data, feature, function, or product owned, operated, or provided by Adretreaver (collectively referred to as the “Service”), you signify your agreement and consent to be bound by these Terms and Conditions (“Terms and
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION IN PARAGRAPH 11 THAT AFFECTS YOUR RIGHTS TO SUE UNDER THE AGREEMENT.
1. Eligibility. This Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use or access the Site.
2. Your Acceptance of the Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of our Service. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes that arise prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Service. By your continued use of the Service, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute). Therefore, you should regularly check this page for updates or changes.
3. Additional Terms. Our Services may also be subject to Additional Terms within a Service Agreement between you and Adretreaver. If there is any conflict between the terms in the Terms and Conditions and the Additional Terms, then the Additional Terms shall govern in relation to the Services.
4. Your Affirmative Representations. When you use the Service, you represent that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) your use of the Service does not violate any applicable law or regulation; (d) you meet the Eligibility requirements of Section 1; and (e) you will comply with the rules for on-line conduct, as discussed in Section 5 below.
5. Rules Governing Content and Use; Your Representations and Warranties. When you use the Service, you represent and warrant that you will not: (a) use this Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, this Service without our express written consent; (b) install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party; and (c) interfere with, disrupt, or create an undue burden on the Service or the networks connected to this Service, including without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications (d) attempt to gain unauthorized access to the Service or its related systems or networks; (e) permit direct or indirect access to or use of the Service in a way that circumvents a contractual usage limitations, or use the Service to violate any intellectual property rights; (f) modify, copy, reverse engineer, or create derivative works based on the Service or any part, feature, function or user interface thereof; (g) copy the Service except as may be permitted herein; (h) create Internet “links” to or from the Service, or “frame” or “mirror” the Service or any content therein; (i) use any meta tags, “hidden text”, crawlers, robots, spiders, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download information within the Service, Proprietary Material (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization; (j) use the Service for any purpose other than for personal use. The Service may contain information that you may find explicit or otherwise offensive, erroneous or otherwise inaccurate or outdated. Any use of the Service than as explicitly authorized herein, without the express prior written authorization of Adretreaver, is strictly prohibited.
In the event the Service contains functionality (such as blogs, message boards, questions and answers, quizzes, user reviews, etc.) that allows users to upload information or content (collectively, “Public Areas”), you agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any individual, group or entity. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to us by email (including through the email addresses listed on the “Contact Us” page) or otherwise, any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to us, you agree such submission is nonconfidential for all purposes, unless otherwise governed by any Additional Terms. If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to us by email, you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted to us, a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to us by email. We try to answer every email in a timely manner, but are not always able to do so.
7. Our Intellectual Property Rights. All of the Services including but not limited to the trademarks, service marks, logos, features, designs, graphics, icons, images, audio, video, software, applications, files, data, and appearances contained within the Service (“Marks”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. We (and our licensors) remain the sole owner of all right, title, and interest in the Service and Marks. Except as stated in the Agreement, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services and we reserve all rights not granted under the Agreement. You agree that you will not circumvent, disable or otherwise interfere with security related features of the Service or features that: (a) prevent or restrict use or copying of the Service, or (b) enforce limitations on use of the Service. You further agree not to access the Service by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement. If you violate any of these Terms and Conditions, your permission to use the Service automatically terminates and you must immediately destroy any copies you have made of any portion of the Service. With the exception of the limited licenses granted herein, the Service cannot be used, reproduced, distributed, framed, reproduced, scraped, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any other purpose whatsoever.
8. Our Management of the Content/User Misconduct.
9. Term and Survival. The Agreement shall remain in full force and effect while you use this Service. All obligations which expressly or by their nature are to continue after termination, cancellation or expiration of the Agreement shall survive and remain in effect after such happening, including without limitation Sections 11, 12, 13, 14, and 16.
10. Advertisements, Searches, and Links. We may provide links to third party websites or content. We do not endorse the content on any third party websites. We are not responsible for the content of linked third party sites, sites framed within the Service, third party sites provided as search results, or third party offers or advertisements on the Service or linked to/from the Service (including but not limited to the statements, representations, recommendations, and/or claims made on such third party sites, offers or advertisements), and do not make any representations regarding their content or accuracy. Your use of third party websites and participation in third party offers or advertisements is at your own risk and subject to the terms and conditions of use for such sites, offers or advertisements. We do not endorse any product, service, information, offer, or website advertised within the Service.
11. Arbitration Agreement and Class Action Waiver.
A. Scope of Arbitration Agreement and Class Action Waiver. You agree that, by entering into the
Agreement which is confirmed by your access to and/or use of our Service, we and you agree to arbitrate all disputes and claims that arise out of the Agreement, except as otherwise set forth herein. Therefore, you agree that, by entering into the Agreement, we and you, and any of our respective successors and/or assigns, are each waiving the right to a trial by jury or to participate in a class action or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Service users or other persons similarly situated.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST ADRETREAVER, LLC OR ITS AFFILIATED ENTITY(IES), IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
B. Arbitration Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small claims court in Broward County, Florida. This arbitration provision shall further specifically exclude any dispute over the validity of any party’s intellectual property rights. In the event the arbitration agreement set forth herein is for any reason held to be unenforceable, any litigation against ProBox may be commenced only in a federal or state court located within Broward County, Florida, and we both consent to the jurisdiction of those courts for such purposes.
C. Arbitration Procedure. A party who intends to seek arbitration must first send to the other, by certified mail, a written demand (“Demand”). The Demand to us should be addressed to: Legal Dept., 6295 W Sample Road #671074, Coral Springs FL 33067 (“Demand Address”). The Demand must: (1) describe reasonably the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. If we and you do not reach an agreement to resolve the Demand within 30 days after the Demand is received, we or you may commence an arbitration proceeding.
The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by the Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to us at the address above. The arbitration shall take place in Broward County, Florida.
The arbitrator is bound by the terms of the Agreement.
All issues are for the arbitrator to decide, except issues relating to the scope and enforceability of this arbitration provision, which are for a court of law to decide.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Unless both we and you agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case, except to enforce the award.
12. Disclaimers. THE SERVICE AND ALL INFORMATION PROVIDED ON OR THROUGH THE SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, AND WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. INFORMATION ON THE SITE MAY BE OUT OF DATE, INACCURATE OR INCOMPLETE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF SERVICE OR CONTRIBUTIONS, (B) PERSONAL INJURY, HARM, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE, (C) ANY ILLEGAL OR UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND THE PERSONAL INFORMATION OR PAYMENT INFORMATION STORED THEREIN OR WITH ANY THIRD PARTY CONTRACTOR, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY SERVICE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE, OUR LICENSORS, AND OUR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED W ARRANTIES OF MERCHANT ABILITY , NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE, OUR LICENSORS, AND OUR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, RELEVANCY, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SERVICE. Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.
The use of the Service is at your own risk. When using the Service, information will be transmitted over a medium that may be beyond our control and jurisdiction. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Service. Further, we make no warranties that the Service is appropriate or available for use in other locations. If you access or use the Service from other jurisdictions, you are responsible for compliance with the local law.
Commentary and other materials posted within the Service, if applicable, are not intended to amount to advice on which reliance should be placed. We disclaim to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by any visitors to the Service or by anyone who may be informed of any of its contents. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be made in writing.
13. Limited Liability. IN NO EVENT SHALL WE, OUR MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, CONTRIBUTIONS, OR ANY OTHER CONTENT THEREIN, OR FOR ANY INFORMATION OR MATERIALS AVAILABLE OR MADE AVAILABLE THROUGH THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU FOR ANY REASON WHATSOEVER RELATED TO THE USE OR ACCESS OF THE SERVICE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
14. Indemnity. To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless, Adretreaver, LLC, its parents, subsidiaries, affiliates, licensors, and contractors, and our/their respective members, officers, managers, directors, agents, partners, and employees, third party information providers, and all others involved in the delivery of products, services, or information within the Service (collectively, “Indemnified Parties”), from and against any loss, liability, expense, claim, or demand, including reasonable attorneys’ fees, due to or arising out of, in connection with, or relating to any breach of these Terms and
Conditions of Use by you, including your use of Service or information obtained from the Service. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed through the Service or related website(s).
15. Export Prohibitions. The United States Export Control laws prohibit the export of certain technical data and software to certain territories which may include certain materials found within the Service. We do not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws. No software from this Site or App may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Syria, Libya, the Sudan, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
A. Relationship of the Parties. Nothing in the Agreement shall be deemed to create an agency, partnership,
joint venture, employer-employee, or franchisor-franchisee relationship of any kind between us and any
B. No Third Party Beneficiaries. The Agreement is between you and us. There are no third party
beneficiaries to the Agreement.
C. Section Titles. The section titles in the Agreement are for convenience only and have no legal or contractual
H. Force Majeure. Adretreaver is not liable for any delay or failure to perform any obligation under the Agreement if the delay or failure is due to unforeseen events, which occur after the effectiveness of the Agreement and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, pandemics, act of governmental authority, states of emergency, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.
17. Copyright Infringement Notice. If you are a copyright owner or a representative of a copyright owner and you have a good faith belief that any Service infringes your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to firstname.lastname@example.org with the following information:
A. Identification of the copyrighted work claimed to have been infringed;
B. Identification of the material that is claimed to be infringing that is requested to be removed;
C. Your contact information including your name, mailing address, telephone number and email address; D. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, representative, or the law; and
E. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the copyright owner and submit the statement.
18. Contact Us. If you have any questions regarding the Agreement, or would like more information from us, please contact us at email@example.com.
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