TERMS OF USE

 

1. ACCEPTANCE OF TERMS

BY ACCESSING THE PUSHAPP WEBSITE, OR BY USING THE PUSHAPP APP, YOU AGREE TO BOTH THE PUSHAPP TERMS OF SERVICE AND THE PUSHAPP PRIVACY POLICY.

 

The PushApp website (including all content thereon), along with the PushApp mobile and application and the related services that Simplified Appworks provides to You (collectively, the “Services”) are subject to the following Terms of Use (“TOU”). Simplified Appworks reserves the right to update the TOU at any time without notice to You. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the PushApp App and the PushApp website. 

 

You are responsible for all use of Your account (under any screen name or password) and for ensuring that all use of Your account complies fully with the provisions of this TOU. You are responsible for protecting the confidentiality of Your password(s) and login information. 

 

Simplified Appworks shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, content, access or use.  For the purposes of these Terms of Use, the phrase “the Services” means “the App and/or the Services.”

 

2. DESCRIPTION OF SERVICES

 

The Services provide You with a platform to motivate you, and to provide you with the data you need for your push-up workout.  With the PushApp app, you set and keep track of: your number of sets per day; your workout days; your pace; and your pace difficulty.  In addition, you can enable notifications and reminders so you don’t miss a workout.  

 

3. YOUR CONDUCT

 

You shall use the Services for lawful purposes only. You shall not store, post, or transmit through the Services any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law, or which, without Simplified Appworks’s express prior approval, contains advertising or any solicitation with respect to products or services. The Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, images, video, graphics, music and sound, and the entire contents of the Services are copyrighted as a collective work under the copyright laws of the United States. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download, use, or display copyrighted material for Your personal use only.  Any user of the Services may use content, including images, received through the App, solely as permitted under these Terms of Use.  Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Simplified Appworks and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You does not acquire any ownership rights by downloading copyrighted material. You shall not upload, post or otherwise make available through the Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. The foregoing provisions of this Section 3 are for the benefit of Simplified Appworks, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

4. USE OF THE SERVICES

 

You agree to use the Services solely for personal use, including storing password information and helping you with your push-up routine. If the ability to send and receive/review messages are available, you may send and receive/review messages and material that are proper and related to the Services. By way of example, and not as a limitation, You agree that when using the Services, You will not: use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise), defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information, upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consent to do the same, use any material or information, including images or photographs, that are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party, upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another, advertise or offer to sell or buy any goods or services for any business purpose, falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, violate any code of conduct or other guidelines that may be applicable for any particular service, harvest or otherwise collect information about others, including email addresses, violate any applicable laws or regulations, create a false identity for the purpose of misleading others.  You may not decompile, reverse engineer, or copy the App.  In addition, you will not use the Services with any login other than your own. Simplified Appworks reserves the right to terminate Your access to any or all of the Services at any time, without notice, for any reason whatsoever. Simplified Appworks reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Simplified Appworks’s sole discretion. Materials uploaded to the Services may be subject to limitations on usage, reproduction and/or dissemination; You are responsible for adhering to such limitations if You download such materials. Always use caution when giving out any personally identifiable information in any Services. Simplified Appworks does not control or endorse the content, messages or information found in any Services and, therefore, Simplified Appworks specifically disclaims any liability with regard to the Services and any actions resulting from Your or other’s participation in any Services. 

 

5. LICENSE GRANT

 

Subject to and conditioned upon Your adherence to these Terms of Use, You are hereby granted an unlimited perpetual license to use the Services.

 

6. MEMBER ACCOUNT, PASSWORD, AND SECURITY

 

If any of the Services requires You to open an account, You must complete the registration process by providing Simplified Appworks with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You agree to notify Simplified Appworks immediately of any unauthorized use of Your account or any other breach of security. Simplified Appworks will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Simplified Appworks or another party due to someone else using Your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.  

 

7. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

 

The Services include the copyrighted work of Simplified Appworks and/or its suppliers. Use of the Services is governed by these Terms of Use terms. Any use, reproduction or redistribution of the Services not in accordance with these Terms of Use is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.  SIMPLIFIED APPWORKS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH REGARD TO THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SIMPLIFIED APPWORKS DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF THE SERVICES.

 

8. NO WARRANTY

 

YOU UNDERSTAND THAT THE SERVICES ARE PROVIDED TO YOU FREE OF CHARGE, AND THAT THE SERVES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOU USE THE SERVICES AT YOUR OWN RISK.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER SIMPLIFIED APPWORKS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. 

 

9. CONTENT

 

All content provided through the Services is informational purposes only. Simplified Appworks makes no representations as to the accuracy or completeness of any information received via the Services or found by following any link in the Services. Simplified Appworks, its officers, directors, employees, agents, and assigns, and the author of any content uploaded to the Services or received via the Services will not be liable for any errors or omissions in the content nor for the availability of the content. . Simplified Appworks, its officers, directors, employees, agents, and assigns, and the author of any content uploaded to the Services or received via the Services will not be liable for any losses, injuries, or damages  from the display or use of this content. These terms and conditions of use are subject to change at any time and without notice.

 

10. LIMITATION OF LIABILITY

 

THIS LIMITATION OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE USE OF THE SERVICES, AND BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SIMPLIFIED APPWORKS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 

TO THE FULLEST EXTENT PERMITTED BY LAW, SIMPLIFIED APPWORKS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT MADE AVAILABLE THROUGH THE SERVICES. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER SIMPLIFIED APPWORKS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE SERVICES AND/OR THE INFORMATION CONTAINED WITHIN THE SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.

 

11. SAFETY WARNINGS.

 

THE SERVICES OFFERS HEALTH- AND FITNESS-RELATED INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU MUST CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING ANY KIND OF FITNESS PROGRAM. YOU AGREE NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, AND AGREE IT DOES NOT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU AGREE TO CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL.  YOU AGREE NOT TO DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ IN OR THROUGH THE SERVICES. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICES IS USED SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.

NOTHING STATED OR POSTED ON THE PUSHAPP SITE OR AVAILABLE THROUGH THE PUSHAPP IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE SERVICES ARE CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, SIMPLIFIED APPWORKS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT MAY APPEAR HERE FROM TIME TO TIME. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE SERVICES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

In becoming a user of the Services, you affirm that either (A) all of the following statements are true: (i) no physician or general practitioner has ever informed You that You have a heart condition or that You should only do physical activities recommended by a physician or general practitioner; (ii) You have never felt chest pain when engaging in physical activity; (iii) You have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) You have never lost your balance because of dizziness and you have never lost consciousness; (v) You do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) Your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition; (vii) You do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) You do not know of any other reason you should not exercise; or (B) Your physician or general practitioner has been specifically consulted by You and approved of Your use of the Services.

If applicable, you further affirm that (a) You are not pregnant, breastfeeding or lactating; unless (b) Your physician or general practitioner has been specifically consulted and approved Your use of the Services.

We reserve the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

 

12. LINKS TO THIRD PARTY SITES

 

LINKS IN THE SERVICES MAY LET YOU LEAVE THE SERVICES. THE LINKED SITES ARE NOT UNDER THE CONTROL OF SIMPLIFIED APPWORKS AND SIMPLIFIED APPWORKS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SIMPLIFIED APPWORKS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. SIMPLIFIED APPWORKS IS  PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SIMPLIFIED APPWORKS OF THE LINKED SITE. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or any other third party are those of the respective author(s) or distributor(s) and not of Simplified Appworks. Neither Simplified Appworks nor any third-party provider of information guarantees the accuracy, completeness, safety, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Under no circumstances will Simplified Appworks be liable for any loss or damage caused by Your reliance on information or content obtained through the Services. 

 

13. MONITORING

 

Simplified Appworks shall have the right, but not the obligation, to monitor the content of the Services, to determine compliance with this TOU and any operating rules established by Simplified Appworks and to satisfy any law, regulation or authorized government request. Simplified Appworks shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the Services. Without limiting the foregoing, Simplified Appworks shall have the right to remove any material that Simplified Appworks, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

 

14. INDEMNIFICATION

 

You agree to defend, indemnify and hold harmless Simplified Appworks, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Services by You or through Your Account.

 

15. TERMINATION

 

Simplified Appworks shall have the right to immediately terminate Your Account in the event of any conduct by You that Simplified Appworks, in its sole discretion, considers to be unacceptable, or in the event of any breach by You of these Terms of Use.

 

16. COPYRIGHT NOTICE

 

Simplified Appworks, PushApp, and its logos are trademarks of Simplified Appworks LLC, All rights reserved. All other trademarks appearing in the Services are the property of their respective owners.

 

17. PRIVACY POLICY

 

To access the Services, you must explicitly consent to our privacy and data security practices. Our privacy and data security practices can be found by visiting our privacy policy at https://www.getpushapp.com/privacy-policy .

 

18. MISCELLANEOUS

 

These Terms of Use constitute the entire agreement between You and Simplified Appworks concerning the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, warranties, both written and oral, with respect to the subject matter hereof. Except to the extent applicable law provides otherwise, these Terms of Use, the App, and any access to or use of the Services will be governed by the laws of the State of California, without regard to the conflict of laws rules thereof. All disputes of any nature related to these Terms of Use shall be determined by final and binding arbitration in San Francisco County, California before a single arbitrator. The parties shall agree on the rules and procedures to be followed in the arbitration. If the parties are unable to agree on the rules and procedures to be followed within 15 days, the arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of Delaware (without regard to the conflict of laws rules thereof). Judgment on the arbitral award may be entered in any court having jurisdiction thereof. The foregoing arbitration provisions shall not preclude either party from seeking an injunction or other provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the arbitral award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and reasonable attorneys’ fees of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose. The parties further agree that (i) any claims brought by either party must be brought in such party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and (ii) the arbitrator may not (x) consolidate more than one person’s claims, (y) otherwise preside over any form of a representative or class proceeding or (z) award class-wide relief.

Terms of service

Total push ups: