Push 5 Terms of Service
These Terms of Service constitute the agreement ("Agreement") between Boma Systems, Incorporated (“Push 5”) and the person (“Subscriber” or “you”) who subscribes to and/or uses one or more of Push 5’s Services ("Services"). This Agreement governs the relationship between Push 5 and the Subscriber, and the Subscriber’s use of the Services.
Use of Push 5 Services constitutes acceptance of all of the terms and conditions stated below.
REGISTRATION
By registering for our Services, you represent and warrant that all registration
information you submit to Push 5 is truthful and accurate and that you will
maintain the accuracy of such information. You further represent and warrant
that (a) you are 18 years of age or older; (b) your use of the Services will
not violate any applicable law or regulation; and (c) you have the right,
authority and capacity to enter into this Agreement.
USER ACCOUNT, PASSWORD AND SECURITY
You must complete the registration process by providing us with current, complete
and accurate information as prompted by the registration form. 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 us immediately
at support@push5.com of any unauthorized use of your account or any other
breach of security. You understand that the Services will not function as
needed with inaccurate information and that it is your sole responsibility
to insure that all your information is accurate and up to date.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you agree not to use the Services
for any purpose that is unlawful or prohibited by this Agreement. You may
not use the Services in any manner that could damage, disable, overburden,
or impair any Service (or the network(s) connected to any Push 5 service)
or interfere with any other party's use of any Services (any such use is an
“Inappropriate Use”).
Push 5 will automatically monitor usage of our Services and in the event of an unlawful or Inappropriate Use, Push 5 has the right to report the activity, and provide all relevant information (including your identity) to the appropriate authorities. You hereby consent to the forwarding of such information to the appropriate law enforcement authority.
You also hereby acknowledge Push 5’s right to provide information: in response to law enforcement requests, subpoenas, or court orders, or to protect Push 5’s rights and property, or in the case where failure to disclose information may result in imminent harm to you or to others.
PERMISSION TO INFORM LAW ENFORCEMENT
As a condition of your use of the Services, you hereby grant Push 5 permission
to provide any and all information associated with the use of these Services
to law enforcement personnel.
AUTHORITY TO RECORD CONVERSATION(S)
Subscriber understands and acknowledges that in the use of Push 5’s
services, all conversations may be recorded and may be made directly available
to the Subscriber’s designated contacts as well as law enforcement officials.
Subscriber hereby gives permission to Push 5 to provide any and all urgent
alert recordings or transmissions to law enforcement.
USE OF SERVICE BY CUSTOMERS OUTSIDE THE UNITED STATES
We currently support use of the Services inside the continental United States
of America excluding Alaska (the “48 Continental States”); we
do not presently offer support for use of the Services in any location beyond
the 48 Continental States. Attempted use of the Services beyond the boundaries
of the 48 Continental States is at your own risk and Push 5 reserves the right
to terminate your Service immediately if we determine, in our sole and absolute
discretion, that you have used the Service beyond the boundaries of the 48
Continental States in a way or manner that could potentially adversely affect
Push 5.
PAYMENT TERMS
You agree to annually pre-pay for the Services in full. You agree that the
credit card information you provide corresponds to an account that you are
authorized to use. You agree that Push 5 is permitted to charge your credit
card account in order to collect payment for the Services. The credit card
that you provide for the Services will be automatically and immediately billed.
All currency references are in U.S. dollars. Subscribers of the Push 5 Standard
Service will have an Auto-Recharge increment in the amount of $24 charged
to the Subscriber’s credit card if the Subscriber runs out of available
phone minutes during the term of the Subscription to ensure uninterrupted
Service. Your subscription will renew automatically, unless we terminate it
or you notify us by e-mail of your decision to cancel your subscription. You
must cancel your subscription before it renews in order to avoid billing of
fees for the renewal term to your credit card. To cancel your subscription,
notify support@push5.com.
REFUNDS
Push 5 offers a 30 day unconditional money back guarantee. If for any reason
you are not completely happy with the protection of Push 5 in the first thirty
days, send us an e-mail or contact customer service and we will refund your
subscription fee. We'd also like to know why so that we can improve our service,
but this is not required.
Guarantee is available one time per subscriber (not per phone) during the first 30 days of service. Only the initial subscription is subject to the guarantee, renewals are not eligible. Customer is responsible for any additional minutes used beyond the initial allocation (240 minutes for our Standard service plan). Guarantee does not apply to gift certificates.
TERM AND RENEWAL OF SUBSCRIPTION
The Term of this Agreement shall be any period during which you are using
or are entitled to use Services unless this Agreement is terminated earlier
pursuant to the terms and conditions of this Agreement. All provisions of
this Agreement, which, by their nature, impose continuing obligations, shall
survive termination of this Agreement.
A subscriber may cancel Push 5 services including any recurring billing, by contacting Push 5 at support@push5.com.
EMERGENCIES AND LIMITS OF SERVICE
The Services should not be relied upon or used in emergency situations, including, but not limited to, fires, medical emergencies, criminal emergencies, or natural disasters.
9-1-1 should be called in any emergency situation.
If contacts receive an urgent message through the Services and consequently need assistance, they must call their local police, ambulance, fire department or 9-1-1.
Push 5 cannot and does not contact 9-1-1 or any other emergency service. This is the responsibility of the subscriber and/or the contacts.
AUTOMATED STRUCTURE OF SERVICE
Subscriber understands and acknowledges that Services are based on an automated
telephone/computer relay system and no human intervention is involved with
providing the Service.
COMMUNICATION DELAYS
Our Services may be subject to limitations, delays, and other problems inherent
in the use of existing telephone and cellular phone infrastructure, the Internet,
and other electronic communications. You agree that Push 5 is not responsible
for any delays, delivery failures, or other damage resulting from such problems.
The Services are programmed to react immediately, but some delays and failures
of delivery can and will occur due to normal telephony and Internet traffic
constraints. The Services will not function if the subscriber is not in a
cell phone coverage area and is using a cell phone.
SERVICE LEVEL
Subscriber understands that the Services are dependent upon other technologies
and as such, are subject to interruptions, down time and failures. The Services
are provided on an "as is" basis, and Subscriber's use of the Services
is at Subscriber’s sole risk.
Push 5 does not make, and hereby disclaims, any and all other express or implied warranties, including, but not limited to, warranties of merchantability, quality, performance, fitness for a particular use, non-infringement, title, and any warranties arising from a course of dealing, usage, or trade practice. Further, Push 5 does not warrant that the services will be uninterrupted, error-free, or completely secure.
PILOT (BETA) TEST
Push 5 Services during Pilot (beta) Test offer the functionality and benefits
of Push 5-Standard Service but is not the final Service. Subscriber acknowledges
and understands that limited interruption in service may occur during the
Pilot (beta) Test period.
DISCLAIMER OF THIRD PARTY ACTIONS
Push 5 does not and cannot control the flow of data to or from the Push 5
network or within any portion of the Internet. Such flow depends in large
part on the performance of the Internet services provided by or controlled
by third parties. At times, actions or omissions of such third parties can
impair or disrupt Subscriber's or Push 5’s connection to the Internet
(or portions thereof). Although Push 5 will use commercially reasonable efforts
to take actions it deems appropriate to remedy and avoid such events, Push
5 cannot guarantee that such events will not occur. Accordingly, Push 5 disclaims
any and all liability resulting from, or related to, such events.
RESPONSE OF CONTACTS
Contacts are individuals whose information the Subscriber has added to Subscriber’s
account so that these individuals may receive Push 5 Urgent Alert services
initiated by the Subscriber.
Subscriber agrees to inform their Contacts that they are being designated as Contacts and explain the Push 5 Urgent Alert system, such that Contacts will have advanced notice that they may be contacted by Push 5 at the request of the Subscriber.
Subscriber further agrees to select Contacts who are willing to receive Push 5 Urgent Alerts and to notify them of actions they may be expected to take as a result of receiving a Push 5 Urgent Alert. These actions may include, but are not limited to, participating in conference calls, arranging for assistance for the Subscriber, coordinating the actions of others or notifying authorities on behalf of the Subscriber. Push 5 urges subscribers to carefully choose their Contacts. Subscribers should not include contacts who are in poor health, have a heart condition, or any other affliction that may cause them to incur a negative reaction to receiving an alert.
Push 5 has no control over and disclaims all liability of and responsibility for the conduct of Contacts. Further, Subscriber acknowledges that Push 5 cannot influence or control the action or inaction of those who receive Push 5 Urgent Alerts. Push 5 insists and urges that Subscriber and their Contacts act in accordance with all applicable laws at all times.
DISCLAIMER OF LIABILITY FOR DAMAGES
In no event will Push 5, its officers, directors, employees, affiliates or
agents or any other service provider who furnishes services to you in connection
with the service be liable for any direct, incidental, indirect, special,
punitive, exemplary or consequential damages, or for any other damages, including
but not limited to personal injury, wrongful death, property damage, loss
of data, loss of revenue or profits, or damages arising out of or in connection
with the use of or inability to use the service, or to obtain emergency help.
The limitations set forth herein apply to claims founded in breach of contract,
breach of warranty, product liability, tort and any and all other theories
of liability and apply whether or not we were informed of the likelihood of
any particular type of damages.
CONSEQUENTIAL DAMAGES WAIVER
In no event will Push 5 be liable or responsible to Subscriber for any special,
incidental, punitive, indirect, exemplary, or consequential damages, including,
but not limited to personal injury, damage to property, or loss of service.
INDEMNITY AND RELEASE
By using the Services or information provided to you on our website or in
communications from us, you agree to indemnify Push 5 and its parents, subsidiaries,
affiliates, directors, officers, agents, and employees and hold them harmless
from any and all claims, costs, liabilities, losses, and expenses, (including,
but not limited to attorneys’ fees and costs) arising from: (a) your
use or misuse of the Services or information provided by Push 5, (b) any person's
use or misuse of any account or password you maintain with Push 5, regardless
of whether such use is authorized by you; (c) any action of or harm caused
to or by your contacts; (d) any alleged violation of this Agreement , and
(e) any alleged violation by you of the rights of others or any law or regulation,
including, but not limited to, copyright law. By using the Services or the
Information you are hereby agreeing to release Push 5 and its parents, subsidiaries,
affiliates, directors, officers, agents, and employees from any and all claims,
demands, debts, obligations, damages (actual or consequential), costs, and
expenses of any kind or nature whatsoever, whether known or unknown, suspected
or unsuspected, disclosed or undisclosed, that you may have against them arising
out of or in any way related to the Services or the Information.
To the maximum extent allowable by law, you hereby agree to waive all laws that may limit the efficacy of such releases. For example, you specifically agree to waive the provisions of California Civil Code Section 1542, which provides; "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which is known by him must have materially affected his settlement with the debtor."
NO WARRANTIES ON SERVICES
We make no warranties, express or implied, including but not limited to, any
implied warranties of merchantability, fitness of the Service for a particular
purpose, title or non-infringement or any warranty arising by usage of trade,
course of dealing or course of performance or any warranty that the service
will meet Subscriber's requirements. Without limiting the foregoing, we do
not warrant that the Service will be without failure, delay, interruption,
error, degradation of voice quality or loss of content, data or information.
Neither Push 5 nor its officers, directors, employees, affiliates or agents,
or any other service provider or vendor who furnishes services or products
to Subscriber in connection with the Service, will be liable for unauthorized
access to our or your transmission facilities or premises equipment or for
unauthorized access to, or alteration, theft or destruction of, Subscriber's
data files, programs, procedures or information through accident, fraudulent
means or any other method, regardless of whether such damage occurs as a result
of Push 5's or its service providers’ or vendors' negligence. Statements
and descriptions concerning the services, if any, by Push 5 or Push 5's agents
or installers are informational and are not given as a warranty of any kind.
NO THIRD PARTY BENEFICIARIES
No provision of this Agreement provides any person or entity not a party to
this Agreement with any remedy, claim, liability, reimbursement, or cause
of action or creates any other third party beneficiary rights.
Subscriber understands and acknowledges that any individuals that they allow to use the Services will not have any rights or causes of actions against Push 5, and that Subscriber remains liable for that third party’s actions.
TELEPHONE ACCESS AND POSSIBLE CHARGES
The Services can be activated through phones. Local, long-distance, roaming,
and air time charges may apply, depending upon the Subscriber's phone plan
and are the sole responsibility of the Subscriber. Push 5 does not make any
assurances about the availability or functionality of the Services.
Certain contact numbers will not work with the Service including telephone company service and emergency numbers (such as 411 and 911) and any pay-per-call or premium service (such as those with area code 900). Further, you should not use general information numbers or non-direct extension numbers. Our Service will not wait for a call to be transferred to the correct party before playing a Push 5 Urgent Alert.
To access your account and complete your call, the Push 5 system must be able to automatically recognize Subscriber’s phone number. Therefore, Subscriber must either exempt Push 5 from the ID block or remove Block Caller ID service altogether. Your registered phone must be a direct-dial number.
You are responsible for any charges incurred as a result of the Services and acknowledge and agree that you shall be solely responsible for all disputes with any service providers related to the same.
PRIVACY
We understand that privacy is a major concern for many consumers who do business
or conduct transactions online. We will never sell, rent, or otherwise provide
your personally identifiable information to any third parties for marketing
purposes. We will only share your personally identifiable information with
third parties to carry out your instructions and to provide specific services.
It is possible that we may at times be required by law enforcement agencies
to disclose personal information when required by law. We will disclose such
information if we have a good-faith belief that the disclosure is necessary
to comply with a court order, ongoing judicial proceeding, or other legal
process served on our company, or to exercise our legal rights or defend against
legal claims, if we believe that such action is appropriate and necessary
to protect and defend the rights of Push 5, or to protect the life, safety,
property or rights of Push 5 Subscribers, Contacts, and the general public.
Upon request from law enforcement, Push 5 will provide them with any and all information about a Push 5 urgent alert.
For more information, you may view our current privacy policy at any time by simply visiting our web site and clicking on the Privacy Notice link.
RETENTION PERIOD FOR INFORMATION
Voice recordings and other information stored by Push 5 for your Account will
be retained for a period of thirty days, and may be destroyed or otherwise
made unavailable after thirty days.
LEGAL REQUESTS
Push 5 cooperates with law enforcement inquiries, as well as other third parties
to enforce laws. We can, and you authorize us to, disclose any information
about you to law enforcement and other government officials as we, in our
sole discretion, believe necessary or appropriate, in connection with an investigation
of illegality, or other inquiry which may expose the Subscriber or Push 5
to legal liability. Subscriber also authorizes any and all information made
available to Push 5 by Subscriber to be forwarded to a law enforcement agency,
upon request. This information includes, but is not limited to, any and all
voice recordings, logs, and historical files.
LIMITATION OF LIABILITY
In no event shall Push 5’s aggregate liability exceed the amounts actually
paid by and/or due from Subscriber in the twelve (12) month period immediately
preceding the event giving rise to a claim. In no event shall Push 5 and/or
its licensors be liable to anyone for any indirect, punitive, special, exemplary,
incidental, consequential or other damages of any type or kind arising out
of, or in any way connected with the Services, including but not limited to
the use or inability to use the Services, or for any content obtained from
or through the Services, any interruption, inaccuracy, error or omission,
regardless of cause in the content, even if the party from which damages are
being sought or such party's licensors have been previously advised of the
possibility of such damages.
ADDITIONAL RIGHTS
Certain states, provinces and/or jurisdictions do not allow the exclusion
of implied warranties or limitation of liability for incidental, consequential
or certain other types of damages, so the exclusions set forth above may not
apply to you.
MODIFICATION TO TERMS
Push 5 reserves the right to modify the terms and conditions of this Agreement
or its policies related to the Services at any time, effective upon the posting
of an updated version of this Agreement on the Website (www.push5.com). You
are responsible for regularly reviewing this Agreement. Continued use of the
Services after any such changes are posted shall constitute your consent to
such changes.
ELECTRONIC CONTRACTING AND NOTICES
Your affirmative act of purchasing or registering for the Services constitutes
your electronic signature to this Agreement and your consent to enter into
agreements with us electronically. You also agree that we may send to you
in electronic form any notices, disclosures, reports, documents, communications
or other records regarding the Services (collectively, "Notices").
Push 5 may, in its own discretion, (1) send electronic Notices to the e-mail
address that you provided to us during registration or (2) post the Notice
on the Push 5 website or the website of the applicable Service. Delivery of
any Notice from us is effective when sent by us, regardless of whether the
Subscriber reads the Notice when they receive it or whether Subscriber actually
receives the delivery. All Agreements completed electronically will be deemed
for all legal purposes to be in writing and legally enforceable as a signed
writing.
BASIS OF BARGAIN, FAILURE OF ESSENTIAL PURPOSE
The Subscriber acknowledges that Push 5 has set its prices and offered its
Services in reliance upon the limitations of liability and the disclaimers
of warranties and damages set forth herein, and that the same form of an essential
basis of bargain between the parties. The Subscriber agrees that the limitations
and exclusions of liability and disclaimers specified herein will survive
and apply even if found to have failed of their essential purpose.
TERMINATION FOR CAUSE
Push 5 may immediately terminate Subscriber's Service, if at Push 5's sole
discretion Subscriber has violated this Agreement, has violated any applicable
State or Federal law, or is using the Services for any illegal activity. Subscriber
further hereby gives Push 5 permission to provide any and all information
related to the termination to law enforcement agencies. Subscribers whose
Service was terminated for cause are not eligible for a refund of fees paid
to Push 5.
NO PROFESSIONAL ADVICE
The information appearing on our website is intended solely as general guidance
and does not constitute legal or other professional advice. Individual situations
and state laws vary and users of the Services are encouraged to obtain appropriate
advice from qualified professionals in the applicable jurisdictions.
LINKS
Links to other websites are "Linked Websites." These links are not
an endorsement by Push 5. We are not responsible for such Linked Websites
or accuracy of those Linked Websites. If you decide to access Linked Websites,
you do so at your own risk. The mention of party, product or service on this
website is not an endorsement. Those sites may collect data or solicit personal
information from you. Push 5 does not control such websites, and is not responsible
for their content, privacy policies, or for the collection, use or disclosure
of any information those sites may collect.
SUBMISSIONS
Please note that, because the Site and/or the Services may allow you to contribute
materials and thereby enable Push 5 to redistribute materials you contribute,
Push 5 requires certain rights in those materials. By sending or transmitting
to Push 5 any suggestions, ideas, information, or any other such material
(Materials) you grant Push 5 a worldwide, non-exclusive, sub licensable (through
multiple tiers), assignable, royalty-free, perpetual, irrevocable right to
use, reproduce, distribute (through multiple tiers), create derivative works
of, publicly perform, publicly display, digitally perform, make, have made,
sell, offer for sale, import and otherwise use such Materials in any media
now known or hereafter developed, for any purpose whatsoever, commercial or
otherwise, without compensation to you or any other provider of the Materials.
None of the Materials shall be subject to any obligation, whether of confidentiality,
attribution, payment or otherwise, on Push 5's part, and Push 5 shall not
be liable for any use or disclosure of any Materials.
DISCLAIMERS OF WARRANTY AND LIABILITY
The Information on the website has been independently obtained by Push 5 and
from other sources. Due to various factors including the inherent possibility
of human and mechanical error, the accuracy, completeness, timeliness, results
obtained from its use, or correct sequencing of the Information is not guaranteed
by Push 5. News stories and articles represent only the author's opinion and
not that of Push 5.
THEFT OF SERVICE
You shall notify us immediately at support@push5.com if at any time your Service
is being stolen, fraudulently used or otherwise being used in an unauthorized
manner. You must provide your account number and a detailed description of
the circumstances of the theft, fraudulent use or unauthorized use of Service
when you contact Push 5. Failure to do so in a timely manner may result in
the termination of your Service and additional charges to you. Until such
time as we receive notice of the theft, fraudulent use or unauthorized use,
you will be liable for all use of the Services, subject to applicable laws.
INTELLECTUAL PROPERTY
All intellectual property rights in and to the Services are and shall be owned
by Push 5. Those rights include, but are not limited to, database rights,
copyright, patents, design rights (whether registered or unregistered), trademarks
(whether registered or unregistered) and other similar rights, wherever existing
in the world, together with the right to apply for protection of the same.
All other trademarks, logos, service marks, company or product names set forth
in Services are the property of their respective owners.
FORCE MAJEURE
Push 5 will not be liable for any failure or delay in its performance due
to any cause beyond its reasonable control, including acts of war, acts of
God, terrorism, earthquake, flood, embargo, riot, sabotage, labor dispute
or shortage, governmental act or failure of the Internet. If Push 5 is unable
to provide the Service(s) for a period of thirty (30) consecutive calendar
days as a result of a continuing force majeure event, Subscriber may cancel
the Services.
UP-LINE AUPs
Subscriber understands and agrees that Push 5 is bound by the Acceptable Use
Policies ("AUPs") of the other entities that Push 5 is connected
to, and interconnected with, and that Push 5 may have to take actions regarding
Subscriber or Subscriber’s transmissions, in order to comply with the
AUPs of these other entities.
COMPLAINTS
To resolve a complaint regarding the Services, you should first contact our
customer service department by e-mailing them at: support@push5.com.
I REPRESENT THAT I HAVE READ AND UNDERSTOOD THIS ENTIRE AGREEMENT, AND I AGREE TO ALL THE TERMS OF THIS AGREEMENT AS STATED ABOVE.
BOTH MY REGISTRATION FOR AND USE OF THE SERVICES PROVIDED BY PUSH 5 INDIVIDUALLY SIGNAL MY ASSENT TO THESE TERMS.