Terms of Service
Effective as of Nov, 2019.
Acceptance of Terms of Service
Welcome, and thank you for your interest in Social Selling on Linkedin (“OmniPUSH,” “we,” or “us”) and our website at https://omnipush.io, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and OmniPUSH regarding your use of the Service.
Please read the following terms carefully.
By clicking "I accept", or by downloading, installing, or otherwise accessing or using the service, you agree that you have read and understood, and, as a condition to your use of the service, you agree to be bound by, the following terms and conditions, including OmniPUSH's privacy policy (together, these "Terms"). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service.
Your use of the Service, and OmniPUSH's provision of the Service to you, constitutes an agreement by OmniPUSH and you to be bound by these terms.
Arbitration Notice. Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and by accepting these Terms, you and OmniPUSH are each waiving the right to a trial by jury or to participate in any class action or representative proceeding. You agree to give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury (see Section 16).
OmniPUSH Service Overview. OmniPUSH provides web and desktop-based tools to manage and automate workflows and with customers and prospects across multiple platforms and services.
Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at [email protected].
Third Party Services
Third Party Services and Linkedin Websites. OmniPUSH may provide tools through the Service that enable you to interact with and export information to third party services, including through features that allow you to link your account on OmniPUSH with an account on the third party service. You are solely responsible for maintaining your accounts on such third party services in good standing and complying with any applicable third party terms of service and laws. By using one of these tools, you authorize OmniPUSH to act as your agent and to take actions on your behalf on or through the third party services and you agree that OmniPUSH may transfer information to or from the applicable third party services on your behalf and execute commands on or through such services at your direction. Third party services are not under OmniPUSH’s control, and, to the fullest extent permitted by law, OmniPUSH is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under OmniPUSH’s control, and OmniPUSH is not responsible for their content.
Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in US Dollars and are non-refundable, except as described in 5.2 below.
Price. OmniPUSH reserves the right to determine pricing for the Service. OmniPUSH will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. OmniPUSH may change the fees for any feature of the Service, including additional fees or charges, if OmniPUSH gives you advance notice of changes before they apply. OmniPUSH, at its sole discretion, may make promotional offers with different features and different pricing to any of OmniPUSH’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
Refunds. Before making any purchase, please try our free trial and see if OmniPUSH is what you need. Once upgraded, we do not offer any refunds under any circumstance, but you can cancel your subscription at any time.
Authorization. You authorize OmniPUSH to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by OmniPUSH, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, OmniPUSH may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Subscription Service. The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize OmniPUSH to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by following the instructions on our web site or contacting us at: [email protected].
Delinquent Accounts. OmniPUSH may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
Licenses
Limited License. Subject to your complete and ongoing compliance with these Terms, OmniPUSH grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service, solely for your internal business purposes.
License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant OmniPUSH an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
Ownership; Proprietary Rights. The Service is owned and operated by OmniPUSH. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by OmniPUSH are protected by intellectual property and other laws. All Materials included in the Service are the property of OmniPUSH or its third party licensors. Except as expressly authorized by OmniPUSH, you may not make use of the Materials. OmniPUSH reserves all rights to the Materials not granted expressly in these Terms.
User Content
User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
Limited License Grant to OmniPUSH. By providing User Content to or via the Service, you grant OmniPUSH a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
User Content Representations and Warranties. OmniPUSH disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
- you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize OmniPUSH and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by OmniPUSH, the Service, and these Terms;
- your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause OmniPUSH to violate any law or regulation; and
- your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. OmniPUSH may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against OmniPUSH with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, OmniPUSH does not permit copyright-infringing activities on the Service.
Monitoring Content. OmniPUSH does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that OmniPUSH reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time OmniPUSH chooses to monitor the content, OmniPUSH still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
Prohibited Conduct
By using the service you agree not to:
- use the Service for any illegal purpose or in violation of any local, state, national, or international law, including without limitation laws related to spam or unsolicited communications;
- harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service or any third party service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission;
- sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7) or any right or ability to view, access, or use any Materials; or
- attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.
Digital Millennium Copyright Act
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (Indian Chapter). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
OmniPUSH
Attn: Legal Department (Copyright Notification)
Email: [email protected]
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Repeat Infringers. OmniPUSH will promptly terminate the accounts of users that are determined by OmniPUSH to be repeat infringers. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 11, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Term, Termination and Modification of the Service
Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 12.2.
Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, OmniPUSH may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by following the instructions on our web site or contacting customer service at [email protected].
Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay OmniPUSH any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 6.3, 7, 12.3, 13, 14, 15, 16 and 17 will survive.
Modification of the Service. OmniPUSH reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. OmniPUSH will have no liability for any change to or discontinuation of the Service or any suspension or termination of your access to or use of the Service.
Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify OmniPUSH and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “ OmniPUSH Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Disclaimers; No Warranties
The Service and All Materials and Content available through the Service are provided As Is and on an As Available basis. OmniPUSH disclaims all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including: (A) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (B) any warranty arising out of course of dealing, usage, or trade. OmniPUSH does not warrant that the Service or any portion of the Service, or any Material or Content offered through Service, will be uninterrupted, secure, or free of errors, virus, or other harmful components, and OmniPUSH does not warrant that any of those issues will be corrected.
No advice or information, whether oral or written, obtained by you from the Service or OmniPUSH Entities or Any Material or Content available through the Service will create any warranty regarding any of the OmniPUSH Entities or the Service that i snot expressly stated in there terms. We are not responsible for any Damage that may result from the Service and your dealing with any other service user. You understand and agree that you use any portion of the Service at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the service) or any loss of data, including user content.
The Limitations, Exclusions and Disclaimers in this Section apply to the fullest extent permitted by the law. OmniPUSH does not disclaim any warranty or other right that OmniPUSH is prohibited from disclaiming under applicable law.
Limitation of Liability
To the fullest extent permitted by law, in no event will the OmniPUSH Entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the service or any Materials or Content on the Service, whether based on warranty, contract, tort (including negligence), statue or any other legal theory, and whether or not any OmniPUSH Entity has been informed of the possibility of damage.
Except as provided in Section 16.4 and to the fullest extent permitted by law, the aggregate liability of the OmniPUSH Entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the Service or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to the greater of: (A) the amount you have paid to OmniPUSH for access to and use of the Service in the 12 months prior to the event or circumstance giving rise to claim; or (B) $100.
Each provision of these Terms that provides for a Limitation Of Liability, Disclaimer Of Warranties, Or Excursion OF Damages is intended to and does allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in the Section 15 will apply even if any limited remedy fails of its essential purpose.
Dispute Resolution
Generally. In the interest of resolving disputes between you and OmniPUSH in the most expedient and cost effective manner, and except as described in Section 16.2, you and OmniPUSH agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. You understand and agree that, by entering into these Terms, you and OmniPUSH are each waiving the right to a trial by jury or to participate in class action.
Miscellaneous
General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and OmniPUSH regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Privacy Policy. Please read the OmniPUSH Privacy Policy [link to privacy policy] carefully for information relating to our collection, use, storage, disclosure of your personal information. The OmniPUSH Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Contact Information. The Service is offered by OmniPUSH. You may contact us by sending correspondence to that address or by emailing us at [email protected].
No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
