PushingStart Terms of Service
Last Updated: 4/17/2024
These "PushingStart Terms of Service," hereinafter referred to as the "Terms of Service," are the governing
terms between you and the PushingStart Group that is composed of PushingStart Limited and PushingStart US, LLC,
and constitute a legal contract. Please be advised that PushingStart Inc, hereinafter referred to as the "
Operator," operates the website located at www.PushingStart.com, hereinafter referred to as "PushingStart," and
shall henceforth be denoted as "PushingStart," "us," "our," "ours," or any similar pronouns. These terms serve
as a legally binding contract that effectively establishes the relationship between yourself, (hereinafter
referred to as "you," "your," "yours," etc.), and our organization with regard to the provision of services
through the platform known as PushingStart (hereinafter referred to as the "Services").
These Services encompass a wide array of offerings, including but not limited to text, images, graphics,
photographs, audio, video, buttons, icons, animations, data, messages, software, and other content, information,
or materials available on PushingStart (hereinafter referred to as the "Materials"). Furthermore, it is
important to note that any Materials that you, as the user, may choose to post or share on PushingStart
(hereinafter referred to as the "Content"), are also encompassed within the scope of this contractual
agreement.
The Services encompass the facilitation of depositing credits, hereinafter referred to as "Credits," which can
be utilized for the acquisition of virtual packs, hereinafter referred to as "Packs," as well as experience
points, hereinafter referred to as "XP." The Packs have the potential to encompass XP or tangible item(s) that
possess the capacity to be redeemed, exchanged, or otherwise disposed of ("Item(s)"). At all times, it shall be
ensured that the value of the Item(s) and/or XP disclosed within a Pack shall be equivalent to or surpass the
monetary consideration paid for said Pack.
THESE TERMS OF SERVICE CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. BY
ACCEPTING THESE TERMS, YOU AND PUSHINGSTART AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND
GIVE UP THE RIGHT TO FILE IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION, [AND PUSHINGSTART AGREES TO PAY
YOUR ARBITRATION COSTS FOR ALL DISPUTES OF UP TO $10,000 THAT ARE MADE IN GOOD FAITH (SEE SECTION 9,
BELOW).
Preliminary Statement.
By engaging in the act of visiting, accessing, and/or utilizing any portion of the PushingStart platform, you
hereby affirm and attest that: (a) you have attained the age of eighteen (18) years or older, and furthermore,
you have reached the age of majority as prescribed by the governing laws of your jurisdiction; (b) you possess
the requisite legal capacity to enter into and consent to the terms and conditions set forth in these Terms of
Service; (c) you are engaging with the Services of your own volition, without any form of coercion, and solely
for your personal gratification; (d) you shall exclusively furnish us with accurate and comprehensive
information, and undertake to expeditiously update said information as necessary to ensure its continued
accuracy and comprehensiveness. Furthermore, you comprehend and acknowledge that you bear exclusive
responsibility for the accurate reporting and timely remittance of any and all taxes that may be levied upon you
in accordance with the laws applicable to you, resulting from your utilization of the Services. By virtue of
your visitation, access, and/or utilization of any portion of PushingStart, you agree that you have perused and
comprehended these Terms of Service, as well as our additional policies, in their entirety and without any form
of reservation. The Operator may unilaterally alter, amend, or supplant any and all provisions contained within
these Terms of Service, as may be necessary in its discretion. All modifications or changes shall be deemed to
be in full force and effect, and shall be enforceable without delay, upon their posting. The revised version
shall take precedence over any preceding versions upon its posting, rendering the prior version devoid of any
ongoing legal consequences, unless the revised version explicitly references the prior version and maintains its
validity, either in its entirety or in part. It is hereby acknowledged and mutually agreed upon that in the
event of any modifications or alterations to the present Terms of Service, the aforementioned modifications or
alterations shall be duly reflected by an amendment to the "Last Updated" date, prominently displayed at the
commencement of these Terms of Service. You hereby acknowledge and consent to the obligation of regularly
revisiting this page, and further undertake to utilize the "Refresh" function on your web browser for such
purpose. You hereby acknowledge and consent to the notation of the aforementioned date above. If the "Last
Updated" date remains unaltered from the previous occasion on which you perused these Terms of Service, it is
reasonable to infer that no modifications have been made to these Terms of Service since your last visit. In the
event that the "Last Updated" date has undergone modification, it is imperative that you undertake a
comprehensive review of the revised Terms of Service. You are hereby advised and notified that it is imperative
for you to provide your unequivocal consent and agreement to any and all revised and updated Terms of Service
governing the usage and operation of the platform known as PushingStart. Failure to comply with this directive
shall result in the immediate cessation and discontinuation of your utilization of the aforementioned
PushingStart platform. In the event that you neglect to diligently examine these Terms of Service, as mandated,
in order to ascertain any potential modifications, you shall bear full accountability for said omission.
Furthermore, you hereby acknowledge and consent that such failure shall be construed as a deliberate
relinquishment of your entitlement to peruse the revised terms. It is hereby asserted that PushingStart shall
not be held liable for any consequences arising from the alleged failure on your part to exercise due diligence
in safeguarding and asserting your legal entitlements.
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Registering an Account.
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Registration entails the act of officially recording all individuals who are eligible to apply for a
singular account on PushingStart, on the condition that they fulfil the criteria outlined in this document
and adhere to the terms and conditions stated in these Terms of Service. In the event that you choose to
register for multiple accounts on PushingStart, it is within our prerogative to terminate either one or both
of said accounts. Consequently, you shall be subject to the forfeiture of all rights, including any
associated interests, pertaining to such accounts, as well as any XP or Items that may have been acquired on
either one or both of the aforementioned accounts. In order to procure Packs or XP on PushingStart or avail
oneself of other remunerative functionalities offered by PushingStart, it is imperative that a valid payment
method be furnished. If, in the event of your failure to furnish the requisite information, it is reasonably
determined that you have proffered false information. In the event that you fail to provide the necessary
information or decline to consent to the present Terms of Service, it is within our prerogative to terminate
your account. The acceptance of registration is contingent upon our exclusive discretion.
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Verification of Age and Identity. It is within our prerogative to request evidence of age or identity at
any given moment and for any justifiable cause, which may encompass the necessity for you to furnish a
duplicate of your officially issued photographic identification or tax identification document. Please be
advised that it is imperative to ascertain the numerical value preceding the utilization of any
functionality provided by the Services. In the event that you neglect to furnish the requested documentation
in a timely manner, it is within our rights to decline or limit your access to PushingStart or any aspect of
the Services. This includes the retention of any funds present in your account balance, the refusal of
redemptions, exchanges, and other transactions involving Item(s), as well as the refusal to accommodate
account closures. While it may be necessary for us to request additional information from you in order to
verify the accuracy of your identity and the information you provide to us, it is important for you to
comprehend and consent to the fact that we do not endorse or sanction any user or any Materials posted by
our users.
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Maintenance. In the event that you furnish us with any information that is false, misleading, inaccurate,
incomplete, not current, or otherwise incorrect, or if you neglect to expeditiously update said information
to ensure its accuracy and completeness, or if we or any of our duly authorized agents possess reasonable
grounds to suspect that a contravention of this stipulation has taken place, we retain the prerogative to
suspend or terminate your account and decline any and all present or future utilization of PushingStart.
Furthermore, you may be subject to criminal and civil liability as a consequence of such actions. In the
event that your account is suspended or terminated, it is imperative to note that your account, and all
associated privileges and access shall be subject to such action. The discounts shall be rendered null and
void, thereby imposing upon you the responsibility of a-la-carte billing for the provision of the
Services.
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Account Sharing. You shall refrain from utilizing, endeavoring to gain entry to, or soliciting the login
credentials pertaining to any account held by a third party, at any given juncture. Under no circumstances
shall you permit any external entity to gain access to or utilize your account, nor shall you disclose your
login credentials to any third party. We hereby assert that we shall not assume any liability for any loss
that may be incurred by us due to the actions of any third party who utilizes your password or gains access
to your account, whether such actions are conducted with or without your knowledge. You shall bear legal
responsibility for any and all financial damages suffered by our organization or any affiliated third party
as a direct result of the unauthorized disclosure of account credentials.
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Termination by You. You possess the legal entitlement to terminate your account at your discretion and
without limitation by initiating communication with us via Support@PushingStart.com. The user shall refrain
from engaging in any act of assigning, transferring, selling, or sharing their account to PushingStart. In
the event that you proceed with such actions, it is imperative to note that both yourself and the individual
lacking proper authorization shall bear joint and several liability for any and all fees that may become
payable.
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Termination by Us. We retain the authority, at our sole discretion, to suspend or terminate your account or
any licenses granted herein, without limitation as to the grounds or rationale, at any given time. It is
within our prerogative to exercise the option of terminating your account at any given point in time.
However, it is imperative for you to comprehend and acknowledge that in the event of said termination,
whether it be with or without justifiable cause, any unsettled financial obligations shall persist and
remain outstanding. It is hereby asserted that we, the party in question, shall not bear any responsibility
for the preservation of terminated account information, which may, at our sole discretion, be subject to
permanent deletion.
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Grant of Rights
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Materials. You acknowledge and comprehend that the sole offering we are providing to you is the provision
of access to PushingStart and the utilization of the Services in the manner that we periodically furnish
them. It is incumbent upon you to procure your own means of accessing the Internet, hardware, and software,
and it is exclusively your responsibility to bear any and all expenses associated with accessing
PushingStart or utilizing the Services. All individuals are granted the right to access specific public
domains of PushingStart and utilize the provided Services and Materials contained therein, without incurring
any fees or charges. We hereby bestow upon all users a restricted, non-exclusive, non-transferable personal
license to gain entry and employ solely those Materials that are furnished within the complimentary sections
of PushingStart, strictly for private, non-commercial intentions, and solely on a solitary computer or
mobile device. The aforementioned complimentary license does not encompass the authorization to access or
utilize any remunerated sections of PushingStart or its associated content. We hereby extend to you a
restricted, non-exclusive, non-transferable individual license to gain entry to PushingStart and utilize the
Services and the Materials contained therein, subject to the limitations imposed by your supplementary
acquisition of specific paid features and upgrades. The present remuneration-based license pertains
exclusively to private, non-commercial utilization on a solitary computer or mobile device. It is hereby
stated that we retain the prerogative to impose restrictions on the quantity of Materials accessed or
Services made accessible to you. The user's license to access PushingStart and utilize the Services and
Materials does not constitute a transfer of title. Do not engage in any unauthorized use of the
Material.
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Content. We may, at our discretion, grant you permission to submit Content to PushingStart. With the
exception of personally identifiable information such as KYC, any Content submitted to PushingStart shall be
regarded as non-confidential and non-proprietary. We shall not be held liable for any obligations pertaining
to the Content, and we provide no assurances of confidentiality for any said Content. The user bears
exclusive responsibility for the Content and the ensuing ramifications arising from the act of posting said
Content to PushingStart. PushingStart shall retain exclusive ownership rights in and to the Content.
Notwithstanding any other provisions herein, it is hereby acknowledged and agreed that you, the user in
question, do hereby confer upon us, the counterparty, an irrevocable, unrestricted, and perpetual license of
a global nature, which is nonexclusive in character and devoid of any royalty obligations, thereby granting
us the right to sublicense and transfer said license. This license encompasses the utilization,
reproduction, dissemination, creation of derivative works, exhibition, and performance of the Content for
the purposes of our business operations, as well as the business operations of our successors. Furthermore,
this license extends to the promotion and redistribution, in any and all media formats and through any and
all media channels, of any portion of PushingStart, including derivative works thereof. The present license
shall encompass the entitlement to duplicate and convey the Content to any affiliated, related, or partnered
websites of ours, as well as to publish the Content on various pages of PushingStart and PushingStart social
media accounts, all at our exclusive discretion. The user hereby grants unrestricted permission to utilize
and exploit the aforementioned Content for any and all purposes without limitation. Additionally, you hereby
bestow upon every individual user of PushingStart a license that is valid worldwide, nonexclusive, and free
from any royalty obligations. This license grants them the right to access, utilize, replicate, exhibit, and
execute the Content through PushingStart, as permitted by PushingStart and in accordance with the provisions
outlined in these Terms of Service.
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Features
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Packs. By engaging in the purchasing of Packs, you acknowledge and consent to the potential receipt of the
following: (a) XP possessing a fair market value that is equivalent to or surpasses the price of the Pack,
(b) Item(s) possessing a fair market value that is equivalent to or surpasses the price of the Pack, or (c)
a combination of XP and Item(s) that, when considered collectively, possess a fair market value that is
equivalent to or surpasses the price of the Pack. The purchase price of the Pack shall be promptly debited
from your Credits. Upon the completion of a pack purchase, a visual animation shall be presented to
symbolize and represent the pack purchase. It is important to acknowledge that the pack purchase animation
is exclusively intended for illustrative purposes, and the Item(s) depicted therein may not invariably
correspond to the Item(s) that you have indeed revealed. The animation may at times not load or display
correctly. The representations of Packs in the form of images are solely intended for the purpose of
providing visual aids and do not serve as definitive depictions or guarantees of the actual Packs
themselves. While we have diligently endeavored to present the Item(s) purportedly contained within Packs
with utmost precision, we cannot provide an absolute assurance that the visual representation of said
Item(s) on your device accurately corresponds to the actual contents of the Packs. The aforementioned
Item(s) and the packaging thereof may exhibit slight variations from the depictions provided in the images.
All items that are reasonably and equitably packaged within the Packs are conspicuously presented below the
listing of said Packs, which is prominently exhibited on the PushingStart platform. The outcomes of the Pack
that you have acquired are not contingent upon the visual representation, but rather are determined by the
algorithm that we employ. The aforementioned algorithm is deemed to possess qualities of fairness and
verifiability. To obtain further elucidation, kindly peruse our aforementioned Provably Fair page.
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Free Packs. On a daily basis, it is within our purview to potentially provide you with specific
complimentary daily benefits, contingent upon your level of engagement. These benefits may encompass the
opportunity to access designated complimentary containers, commonly referred to as "Free Packs." By engaging
in the acquisition of XP through the means of purchasing or obtaining it as an Item in a Pack, it is within
your purview to elevate your level, thereby resulting in an augmentation of the quantity of Free Packs that
shall be made available to you on a daily basis. You acknowledge and consent that in the event of your
failure to promptly access the Free Packs, you shall not be entitled to any privileges or entitlements
linked to the Free Packs, and that your entitlements pertaining to the Free Packs shall be restricted solely
to levels that you have not yet achieved.
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XP. The XP feature offered by the platform grants users the opportunity to enhance their status and gain
access to an increased number of Free Packs on a daily basis. These Free Packs have the potential to contain
superior Item(s) of higher value. XP can be lawfully acquired either through direct acquisition from
PushingStart or by means of its inclusion as the substantive content within a Pack. Upon the acquisition of
XP, it is imperative to note that your Credits shall be expeditiously deducted in the amount equivalent to
the purchase price of the aforementioned XP. Subsequently, the XP shall be duly manifested and accounted for
within your designated account. Upon the revelation of XP as an Item within your Pack, it shall duly and
accurately be reflected on your account. It is imperative to acknowledge and affirm that you comprehend and
consent to the fact that XP, herein referred to as Experience Points, possesses an inherent characteristic
of being non-transferable amongst users. Furthermore, it is crucial to recognize that said XP holds a
tangible value in the real-world, which is equivalent to the price explicitly exhibited on PushingStart, a
platform of commerce.
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Cryptocurrency. It may be within our purview to grant you the opportunity to remunerate for the rendered
Services through the utilization of one or more digital currencies, including but not limited to Bitcoin,
and to effectuate the withdrawal of said digital currency from PushingStart. The acceptance of said payment
or withdrawal method is subject to our exclusive discretion and may be of a restricted duration. All
payments or withdrawals made in cryptocurrency are inherently irreversible in nature. The decision to grant
refunds for cryptocurrency payments rests solely within our discretion. If we choose to provide a refund, we
may opt to transfer cryptocurrency or provide an equivalent cash value, as per our discretion. It is
important to note that there may be additional administrative fees that could potentially be applicable to
cryptocurrency transactions. By engaging in the payment for Services or executing withdrawals using
cryptocurrency, you hereby acknowledge and accept that the value of cryptocurrencies is subject to
significant volatility and that the utilization of cryptocurrencies carries a substantial risk of financial
loss. By engaging in this agreement, you acknowledge and accept the potential hazards associated with the
volatility of cryptocurrencies, which may be influenced by external factors beyond our control. These
factors include but are not limited to the fluctuating level of public interest in cryptocurrencies, the
possibility of regulatory measures being imposed upon cryptocurrencies, as well as the risks associated with
hardware, software, or Internet connection complications, the presence of malicious software, unauthorized
access, or other communication failures, disruptions, errors, distortions, and delays. We hereby assert that
we do not undertake the representation, assurance, or warranty of the veracity or impartiality pertaining to
the valuation of any cryptocurrency. It is imperative to emphasize that you bear exclusive responsibility
for conducting your own autonomous assessment and inquiries regarding the valuation of any transaction
conducted on the Services.
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Item Redemption.
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Redeeming Item(s). PLEASE NOTE: at this time, PushingStart is only arranging for delivery of Items to
persons in the United States of America (except for those states where PushingStart is not offered) and
Canada. As to residents of other countries, you may exchange the items for a crypto withdrawal.- see Section
3D, herein). In the event that you choose to exercise your option to physically retrieve the aforementioned
Item(s) contained within your designated Pack, it is within our prerogative to request specific details
pertaining to the selection and transportation of said Item(s). These details may include, but are not
limited to, the delivery address, email address, or size specifications. In the event that you neglect to
furnish us with comprehensive and precise information, we reserve the right to terminate the redemption
process and provide a reimbursement, or alternatively, impose an additional fee of a justifiable amount to
indemnify us for any supplementary efforts necessitated as a consequence thereof. It is hereby stated that
PushingStart shall not bear any responsibility for any failure or delay in supplying the aforementioned
Item(s) or any part thereof, provided that such failure or delay is attributable to your failure to furnish
complete and accurate information.
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Delivery and Fees. The aforementioned delivery costs (with the exception of any customs, duties, or
associated importation fees, if deemed applicable) shall be presented to you in the manner previously
indicated. You acknowledge and consent that you bear full responsibility for all costs associated with the
transportation and importation of the aforementioned Item(s). In certain instances, it may be brought to our
attention by our third-party service providers as to whether or not you have remunerated the requisite
importation fees. In alternative scenarios, it is plausible that your designated postal service personnel
may endeavor to impose importation fees upon you. We hereby assert our unequivocal disclaimer of any and all
responsibility pertaining to any importation fees, irrespective of whether our third-party service providers
have duly apprised us of your payment of said importation fees. In order to circumvent the obligation of
remitting importation fees, it is advisable to initiate communication with the support department prior to
the act of redeeming the Item(s), so as to ascertain the precise location from which the Item(s) will be
dispatched. Upon completion of the payment of any applicable delivery and importation fees, as well as the
provision of all requisite information, we shall undertake the expeditious delivery of the aforementioned
Item(s) to your person, subject to any unforeseen circumstances or events beyond our control that may result
in a delay. The average duration of our delivery time spans from a minimum of three (3) days to a maximum of
thirty (30) days.
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Acquisition of Item(s). PushingStart hereby acknowledges and undertakes to exert its utmost endeavors in
order to procure, to the best of its ability, any and all items that have been duly redeemed by a user. In
the event that any item, for whatever reason, cannot be obtained, it is within our prerogative to exercise
the right to terminate the redemption process and provide a refund for the corresponding amount. Kindly be
advised that certain items may present challenges in terms of acquisition, owing to their inherent scarcity,
distinctiveness, and/or the arduous nature of procurement as encountered by the PushingStart team.
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Delays. In the event that the supply of the aforementioned Item(s) is subject to untimely delays caused by
circumstances beyond our control, we shall promptly notify you and undertake necessary measures to mitigate
the impact of said delay. In the event that we undertake the aforementioned action, it is imperative to note
that we shall not bear any responsibility for any delays that may arise as a result. However, should there
exist a significant possibility of encountering substantial delays, we kindly request that you communicate
with us to terminate the redemption process and obtain a reimbursement for any Item(s) that you have duly
redeemed but have yet to receive.
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Failure to Accept Delivery. In the event that you, the recipient, are not present at the designated
location upon the arrival of the aforementioned Item(s), it is imperative that you acknowledge and consent
to the possibility of receiving a written communication containing instructions on the appropriate course of
action to be taken in order to facilitate the rescheduling of delivery or the retrieval of the
aforementioned Item(s) from a nearby storage facility. In the event that you neglect to arrange for the
rescheduling of the delivery or the retrieval of the aforementioned Item(s) from the designated local depot,
it is within our prerogative to consider providing a refund to you.
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Item(s) Lost in Delivery. In the event that you harbor the belief that your Item(s) have been misplaced
during the course of delivery, we kindly request that you direct your correspondence via electronic mail to
the following email address: Support@PushingStart.com. It is possible that we may necessitate substantiation
of non-shipment, and it is imperative to note that a refund shall not be granted in the event that you are
unable to furnish said proof of non-shipment.
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Damaged or Faulty Item(s). In the event that you have received item(s) that are damaged or faulty, we
kindly request that you direct your communication via electronic mail to Support@PushingStart.com. It may be
necessary for you to relinquish possession of the Item(s) prior to becoming eligible for a refund, on the
condition that we assume responsibility for the expenses incurred in returning the damaged or defective
Item(s) to our possession. In the event that the Item(s) are not received or are found to be free from
damage or defects, we shall be precluded from issuing any form of refund to you.
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Refusing Redemption. In certain circumstances, namely when an Item is unavailable or when an error has
transpired in the description of the price or the Item(s), it is possible that we will be unable to
acknowledge your order and may exercise our right to decline redemption. In the event that any of the
following circumstances arise, we reserve the right to provide you with credit equivalent to the value of
the Item(s): if there has been a modification to the Item(s); if we have notified you of an error in the
description or price of the Item(s); if there is a substantial risk of significant delay in the supply of
the Item(s) due to external factors beyond our control; if we temporarily suspend the supply of the Item(s)
for technical reasons or in response to changes in relevant laws and regulatory requirements; or if you
possess a legal entitlement to terminate the contract due to our actions. In the aforementioned
circumstance, it is imperative that you promptly and dutifully return all Item(s) that were previously
delivered to your possession. It is important to note that we, as the responsible party, shall assume the
financial burden of the delivery cost associated with the return of said Item(s).
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Request for Reimbursement of Item(s). You shall solely be eligible for a reimbursement pursuant to this
provision if and only if: (a) you satisfy any of the prerequisites delineated heretofore, (b) you duly
surrender all Item(s) for which you seek a refund, and (c) you assume the responsibility of remunerating the
expenses incurred in returning said Item(s) to us, unless an alternative arrangement has been mutually
agreed upon within the confines of this provision. In all instances, it shall be understood that any
reimbursement pertaining to delivery expenses shall be limited to the costs associated with the delivery
method of our lowest available price. In the event that the option of delivering the aforementioned Item(s)
within a time frame of three to five (3-5) days is extended to you at a specified cost, and you opt instead
to have the Item(s) delivered within a period of twenty-four (24) hours at an escalated cost, it is hereby
clarified that any refund shall be limited to the amount that would have been incurred had you selected the
more economical delivery
alternative. If you possess the rightful entitlement to a refund for the aforementioned Item(s) as
stipulated within this particular section, it is within our exclusive and absolute discretion to address the
matter by means of the following options: (a) issuing a refund to you directly, deducting any applicable
delivery, storage, and restocking fees from the value of the Item(s), (b) providing you with Credit or
cryptocurrency equivalent to the value of the Item(s), after deducting any applicable delivery, storage, and
restocking fees, (c) dispatching replacement Item(s) that are similar in nature to you, or (d) dispatching
different Item(s) to you, of equal or greater value.
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Refunds for Unused Credits. It is customary that pecuniary reimbursements corresponding to the assessed
worth of the aforementioned Item(s) shall not be granted. Notwithstanding any other provisions herein, it is
within our exclusive and unequivocal discretion to potentially reimburse you, directly and without
limitation, for the monetary equivalent of any Credits that you have procured but have yet to utilize. The
user's entitlement to a refund for any Credits acquired through the exchange or return of Item(s) is
non-existent.
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Financial Transactions
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Credits. In the event that you furnish us with accurate and up-to-date payment details, it shall be within
your prerogative to make deposits of Credits into your account. These Credits may subsequently be employed
for the acquisition of Packs and XP, or for the utilization of various other functionalities offered by
PushingStart. The pricing details pertaining to each Pack are conspicuously exhibited on PushingStart at the
moment of acquisition. At the time of purchase on PushingStart, the price of XP is conspicuously exhibited.
The pricing details pertaining to each alternate product, service, or feature, along with any corresponding
charges, are conspicuously exhibited on PushingStart during the moment of acquisition.
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Value of Items. The value of the Item(s) shall be conspicuously displayed within the description of said
Item(s) at all times. Therefore, it is important to note that the valuation of the Item(s) obtained by you
shall correspond to the value of said Item(s) at the precise moment you endeavor to redeem, exchange,
upgrade, or otherwise divest yourself of the Item(s). This valuation shall not be based on the value of the
Item(s) at the time of acquisition by you.
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Fees. The undersigned hereby acknowledges and agrees that PushingStart retains the exclusive prerogative to
impose supplementary charges for the utilization of PushingStart or any other characteristic or provision
thereof, and to modify its fee framework at its sole discretion. You acknowledge and consent to the fact
that the pricing of Packs, the valuation of Item(s), and the assessment of any fees may be subject to daily
updates. Upon removal from PushingStart, it is imperative to note that all antecedent prices, value
assessments, offers, and discounts become unattainable and inaccessible. You hereby acknowledge and consent
to assume full responsibility for the prompt payment of all fees or account charges arising from any fees,
charges, purchases, exchanges, or upgrades pertaining to your account, in strict compliance with both our
designated billing policy and that of our duly authorized third-party billing agent. It is duly noted that
you acknowledge the presence of a charge on your banking statement pertaining to the provision of our
Services. Said charge may manifest itself under our company name, one of our brand names, or the name of our
designated third-party billing agent. You acknowledge and consent that you bear full responsibility for any
and all charges or sanctions that may be linked to your account. In the event that your account remains
unpaid in its entirety beyond the designated payment due date, it shall be considered delinquent. The card
issuer agreement, as it pertains to your rights and liabilities as a cardholder, may potentially include
supplementary terms. You hereby acknowledge and consent to the obligation of promptly remitting all
outstanding sums upon the occurrence of account cancellation or termination.
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Third-Party Payment Processing. We employ a range of third-party payment processors and gateways, and we
retain the prerogative to engage with further third-party payment processors and gateways at our own
discretion for the purpose of handling all payments related to PushingStart. The aforementioned third
parties may, at their discretion, enforce supplementary terms and conditions pertaining to the processing of
payments. It is incumbent upon you to adhere to the aforementioned terms. We hereby assert that we shall not
be held liable for any consequences arising from your breach of said terms.
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Changes to Your Billing Information. It is imperative that you expeditiously notify our third-party billing
agent of any and all modifications, encompassing alterations to your residential location and modifications
to the credit card employed for billing or payment purposes in relation to your utilization of PushingStart,
if applicable. The user shall bear full responsibility for any credit card charge backs, dishonored checks,
and any associated fees that may be incurred by PushingStart. in relation to the user's account, in addition
to any further fees or penalties imposed by our third-party billing agent.
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Chargebacks. In the event that a purchase is made on the platform known as PushingStart, which subsequently
leads to a chargeback, it is within our purview to exercise our right to terminate your account.
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Modifications to Our Billing Procedures. We hereby assert our prerogative to effectuate alterations, at any
given moment, to our remuneration structure and invoicing protocols, encompassing the inclusion of
administrative or supplementary levies for any aspect, irrespective of whether prior notification has been
extended to your person.
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Refunds. You acknowledge and consent to the fact that our established practice dictates that all
transactions, encompassing the acquisition of Packs and XP, are deemed irrevocable and non-reimbursable.
Furthermore, it is imperative to note that the return or exchange of any XP that has been revealed in your
Pack is strictly prohibited. It is hereby stipulated that we retain the prerogative to exercise our
exclusive discretion in handling all refund inquiries.
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Billing Errors. In the event that you hold the belief that you have been inaccurately invoiced for any
actions pertaining to your account, it is imperative that you expeditiously inform our designated
third-party billing agent of said alleged error. In the event that you fail to rectify said billing error
within a period of thirty (30) days subsequent to its initial manifestation on any account statement, it
shall be construed that you have accepted the aforementioned fee in question in its entirety, thereby
encompassing all intents and purposes, inclusive of the resolution of inquiries conducted by or on behalf of
your banking institution. By failing to report any error or discrepancy within a period of thirty (30) days
from the date of the bill being rendered to you, you absolve us of any liabilities and claims of loss. The
present terms shall serve as a supplementary and additional provision to any terms that may be mandated by
third-party billing entities with whom we have engaged to render billing services. It is incumbent upon you
to undertake the diligent examination and adherence to the aforementioned entity's terms, in conjunction
with the provisions delineated within these Terms of Service.
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Fraudulent Use of Credit Cards. It is imperative to emphasize our unwavering commitment to addressing
instances of credit card fraud with utmost gravity and diligence. In the event that it is discovered that
you have utilized a credit card that has been unlawfully obtained or obtained through fraudulent means, it
is imperative to inform you that the appropriate law enforcement agencies shall be duly notified and your
account shall be terminated.
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Withdrawals. You understand and agree that you must utilize the full amount of any Credits deposited with
PushingStart before you may withdraw Credits from PushingStart.
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Prohibited Uses.
You are required to use PushingStart, its Services, and the Materials only for purposes explicitly permitted
and outlined in these Terms of Service. Any other use of PushingStart, its Services, or the Materials without
our prior written consent is strictly prohibited. Specifically, you are not allowed to:
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Use the Services for any purposes other than those specified in these Terms of Service, including engaging
in activities that violate laws, regulations, or treaties of applicable governmental bodies. This includes
illegal gambling and gaming, infringing on intellectual property rights, engaging in obscene or defamatory
speech, and violating confidentiality or data protection laws.
-
Disobey court orders, judgments, or mandates from courts of competent jurisdiction.
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Create unfair or damaging links to PushingStart on third-party websites that exploit our reputation without
our authorization.
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Share Content in languages other than English.
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Post or share harmful, threatening, abusive, violent, indecent, or offensive content, as well as any
content deemed inappropriate by PushingStart.
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Engage in antisocial or disruptive behavior, such as spamming, trolling, or harassment of other users.
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Impersonate or falsely claim affiliation with any individual or entity, access others' accounts without
permission, or engage in fraudulent activities.
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Manipulate the platform, cheat, hack, scam, exploit, or interfere with PushingStart's features.
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Attempt to circumvent or interfere with PushingStart's operations, security features, or content
restrictions, or disseminate malicious code or software.
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Attempt to reverse engineer or decompile PushingStart's source code, except where expressly permitted by
applicable law.
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Use automated processes to access PushingStart, except when allowed by specific exceptions or for bona fide
search engine indexing.
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Create derivative works based on the Services without explicit permission from applicable law.
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Commercially exploit or provide access to the Services or Materials to third parties without
authorization.
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Overload PushingStart's technology infrastructure or excessively demand resources.
Engaging in any of the prohibited uses described above will be considered a breach of these Terms of
Service, and appropriate actions will be taken, which may include the removal of balances, refusal to
process orders, temporary or permanent limitations on using certain features, immediate suspension or
termination of the account, or any other responsive action deemed appropriate at the sole discretion of
PushingStart.
Should you engage in any Prohibited Uses or unauthorized use of the Services, we may pursue legal remedies,
including civil, criminal, or injunctive relief, and may cancel your account. Unauthorized use of the
Services may also violate international, foreign, and domestic laws.
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Law Enforcement
We shall dutifully adhere to any requests or directives from said authorities or courts, which pertain to the
revelation of the identity or whereabouts of any user found to be in violation of these Terms of Service. This
cooperation shall be carried out in strict accordance with our meticulously crafted privacy policies, subpoena
compliance policies, and all pertinent laws and regulations. In the event that your engagement in any activity
leads to the issuance of a subpoena, discovery request, production order, or court order against PushingStart,
thereby necessitating the expenditure of funds, court-related expenses, or legal fees for the purpose of
complying with said order, you hereby consent to promptly reimburse PushingStart for any such expenses, costs,
or legal fees upon our duly made request.
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Affiliates
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Affiliate Program. It is within your purview to engage in our esteemed Affiliate program ("Program") and
duly receive remuneration ("Commissions") in accordance with the prevailing rates ("Rates") as explicitly
displayed on the Affiliate Dashboard. Such compensation shall be granted for each user who, by virtue of
your distinctive referral code ("Referral Code"), successfully completes unboxing one Pack. We hereby
acknowledge and affirm our commitment to granting you the privilege of accessing and becoming a member of
the Program, as well as the entitlement to market, advertise, and promote PushingStart through the
utilization of the Referral Code, all in strict accordance with the provisions set forth in these Terms of
Service. This license, being revocable at will, may be revoked without the necessity of prior notice. The
utilization of the Referral Code is limited solely to the promotion of PushingStart. The utilization of the
Referral Code would constitute a contravention of any provision delineated within these Terms of Service.
The termination of your account, cancellation or termination of your account, or withdrawal from the Program
or PushingStart shall result in the automatic termination of your license to use the Referral Code, thereby
causing all rights to revert back to us.
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Affiliate Website and Referral Content. The user is hereby granted permission to display the Referral Code
on their personal affiliate website ("Affiliate Website") and to advertise the Affiliate Website through
content published on third-party websites ("Referral Content"). Notwithstanding, it is imperative that you
refrain from directly disseminating the Referral Code on any external online platform that is not under your
ownership or control, including but not limited to third-party websites and social media platforms. It is
imperative that you refrain from including any references to the Referral Code or PushingStart in any form
of paid advertising. However, it is permissible to include a link to the Affiliate Website in paid
advertising, under the condition that said paid advertising campaigns adhere to the following guidelines:
(a) abstain from bidding on PushingStart trademarks or any variations thereof that may be misspelled, (b)
abstain from utilizing PushingStart trademarks, URLs, or any variations thereof, and (c) ensure that the
PushingStart trademarks are added to the phrase match negative keywords list for the paid advertising
campaign. We hereby assert our prerogative to demand the following actions: (a) the elimination of the
Referral Code from the Affiliate Website, (b) the eradication of any Referral Content on third-party
websites, and (c) the obliteration of any remunerated promotional material for the Affiliate Site that fails
to adhere to the stipulations set forth in these Terms of Service. You hereby acknowledge and affirm your
agreement to diligently adhere to and fulfill any and all requests made in accordance with the
aforementioned terms and conditions.
The entirety of the responsibility for the Affiliate Website and all Referral Content shall rest solely upon
your shoulders. In the event that you harbor any uncertainty regarding the conformity of the Affiliate
Website or any Referral Content with the stipulations set forth in these Terms of Service, we kindly request
that you reach out to us prior to disseminating the Referral Code on the Affiliate Website or sharing any
Referral Content on external online platforms.
You hereby affirm and assert that you possess lawful ownership or control over the Affiliate Website and
possess the requisite authority to publish the Referral Content on any and all third-party websites where
you choose to disseminate said Referral Content. You hereby affirm and guarantee that you possess exclusive
ownership of all requisite rights, title, and interest pertaining to any materials employed on the Affiliate
Website or within the Referral Content. Furthermore, you assert that said materials are devoid of any claims
made by third parties and do not encroach upon or contravene any intellectual property rights, publicity
rights, or any other applicable law, rule, or regulation. We hereby declare that we shall not be held
accountable for any responsibilities pertaining to the materials that are accessible on or through the
Affiliate Website or any Referral Content. This includes the absence of any obligation to examine or
supervise said materials. By participating in the Program, you hereby acknowledge and consent to assume full
responsibility for any and all claims, charges, debts, allegations, or lawsuits that may arise as a direct
result of your involvement. It is your solemn duty to indemnify and hold us harmless from any and all
liabilities or legal actions stemming from your participation in said Program.
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Prohibited Uses of the Program. You must comply with the following rules and restrictions as part of the
Program. Failure to adhere to these guidelines may lead to the refusal or termination of your participation
in the Program, solely at our discretion:
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Notify us of any inquiries or concerns regarding questionable activities related to your Program
participation.
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Avoid using harmful, offensive, or inappropriate materials or content. Obtain our written consent
before using the Referral Code in specific advertising methods, such as advertorials, paid advertising,
email marketing, or pop-up windows.
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Refrain from posting the Referral Code directly on third-party websites or social media platforms
that you do not own or operate.
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Do not encourage password theft or hacking.
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Ensure you receive an adequate number of unique hits.
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Avoid using deceptive or unfair promotional tactics.
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Do not infringe upon our intellectual property or engage in activities that harm our image or
reputation.
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Avoid any fraudulent, deceptive, or unfair advertising practices. Do not manipulate search engine
results to drive traffic to the Referral Code using false or misleading methods.
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Refrain from using meta-tags or search terms implying illegal content or activities using the Referral
Code.
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Do not cheat, defraud, or mislead us in any way.
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Do not violate the restricted nonexclusive license provided in these Terms of Service.
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Do not use harmful software like viruses or "Trojan Horses."
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Do not market PushingStart as an illegal gambling or gambling service.
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Do not promote PushingStart on third-party websites if it violates their terms of service.
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Do not violate any other provision in these Terms of Service.
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In case of termination of the Sponsorship agreement before its expiration date, you are not eligible for
future Commissions. In case of a paid partnership, if the agreement ends before the expiration date or after
the termination date, you are not eligible for any future Commissions.
Do not attempt or assist in any of the prohibited acts described. In the event that there is a suspected
violation of any provision contained within these Terms of Service, it is imperative to note that such
circumstances may lead to the termination of your participation in the Program. Moreover, it is crucial to
acknowledge that any past or future Commissions, regardless of whether they have been earned or remain
unearned, may be subject to forfeiture as a consequence of said violation. In the event that, at our
absolute discretion, you have contravened any of the stipulations outlined within these Terms of Service,
you shall relinquish any and all funds that would otherwise be owed to you. Furthermore, we shall
wholeheartedly collaborate with law enforcement authorities in their inquiry into your actions, and you
hereby acknowledge and consent to assuming liability for any financial harm suffered by us as a result of
addressing said violation. Additionally, in the event that you breach any provision relating to URLs or the
Referral Content, you are hereby obligated to promptly transfer the aforementioned offending URL(s) to our
possession or expeditiously remove the Referral Content upon our request, all at your own cost and
expense.
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Affiliate Exclusivity. By engaging in the aforementioned Program, you are hereby prohibited from engaging
in any form of participation in the affiliate or promotion program of or rendering any "influencer" or
internet marketing services to, any other entity involved in the Pack, regardless of whether said entity's
services are tangible or digital in nature. In the event that you breach the aforementioned exclusivity
provision, it is within our prerogative to impose an account suspension and adjust your affiliate percentage
to a null and void rate of zero (0%) percent. Any requests for remedying this breach should be directed to
Support@PushingStart.com, and shall be subject to our exclusive discretion in handling such matters.
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FTC Compliance. In order to ensure full compliance with the regulations set forth by the Federal Trade
Commission (FTC), it is imperative that all parties involved understand and agree that all forms of
deceptive or unfair advertising are strictly prohibited under the applicable laws and regulations. In the
event that you possess any doubts or uncertainties regarding the prerequisites stipulated by any pertinent
advertising or trade practices legislation, it is incumbent upon you to acknowledge that seeking legal
counsel prior to undertaking any promotional activities is imperative. For further elucidation on the
subject matter of deceptive trade practices within the jurisdiction of the United States, please direct your
attention to the following authoritative source: www.FTC.gov. You hereby acknowledge and affirm your
unequivocal commitment to wholeheartedly adhere to the statutes and regulations of the United States Federal
Trade Commission ("FTC"), in the event that you engage in commercial activities within the jurisdiction of
the United States or conduct business transactions with customers based in the United States. Furthermore,
you undertake to diligently observe and abide by any and all associated rules, policies, and advisory
opinions promulgated by the FTC. Commissions shall not be remunerated for transactions that contravene the
aforementioned regulations, and may be withheld in the event that such behavior is suspected.
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Commissions. You acknowledge and consent that Commissions and Rates may be modified at our discretion,
without prior notice, and without incurring any penalty on our part. It is to be duly noted and acknowledged
that you comprehend and consent to the fact that Rates may be structured in tiers, and it is explicitly
stated that you shall not be entitled to receive any Commissions for Rates exceeding the specific tier that
you have successfully attained. Any modifications to our Rates shall exclusively be applicable to
Commissions generated subsequent to the dissemination of said modification. You hereby acknowledge and agree
that it is your responsibility to regularly and diligently review the Rates on the Affiliates section of
PushingStart. Furthermore, your ongoing participation in the Program shall serve as clear
and unequivocal evidence of your consent to any modifications or alterations made to the Rates. You hereby
acknowledge and consent to the fact that, at our absolute discretion, we reserve the right to decline or
retain payment of Commissions and to terminate your account in the Program in light of any questionable
conduct, which may include an abnormally high number of chargebacks. In the unfortunate circumstance that
these Terms of Service are terminated due to justifiable cause, it is imperative to note that all
entitlements to Commissions shall be relinquished, and you shall be indefinitely barred from engaging in any
activities associated with the Program. If so requested, you shall furnish us with a Social Security number,
Employer Identification Number, or Individual Taxpayer Identification Number, for the purpose of
facilitating the issuance of an IRS form 1099. In the event that you fail to furnish us with the
aforementioned information, it is imperative to note that such failure may lead to the termination of your
account.
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Limitation of Liability Under no circumstances shall either party bear liability towards the other for any
indirect, special, incidental, punitive, or consequential damages, including but not limited to loss of
profits, loss of data, loss of business, or any other form of loss arising from or as a result of your
involvement in the Program, regardless of whether the other party has been informed of the potential
occurrence of such damages. The aforementioned provisions shall be applicable irrespective of the absence of
negligence or any other fault on the part of either party, and irrespective of whether such liability arises
from a contractual, negligent, tortious, or any other legal basis. Pursuant to the aforementioned
limitations of liability, it is hereby acknowledged and agreed that in the event we are deemed liable to you
for any damages, the aggregate sum of liquidated damages for all claims, without exception, shall not
surpass the amount of one hundred dollars (U.S. $100.00). Furthermore, by continuing to utilize
PushingStart's Services, you hereby acknowledge and affirm the existence and applicability of this limited
liability claim.
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Dispute Resolution and Damages
For any dispute not subject to arbitration (such as if you reside in a jurisdiction that does not permit
mandatory arbitration, or as specified herein, arbitration does not apply (such as permitted small claims
court actions or matters exempted from arbitration), you and PushingStart agree to submit to the personal and
exclusive jurisdiction of and venue in the federal and state courts located in Miami-Dade County, Florida. You
further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue
defenses otherwise available.
The Terms and the relationship between you and PushingStart shall be governed by the laws of the State of
Florida without regard to conflict of law provisions.
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Binding Individual Arbitration; No Class Actions. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR
RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
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First, many issues can be resolved quickly and amicably by contacting our customer support at
support@pushingstart.com
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Informal Resolution –Try to Work It Out. If You have an issue that our customer support cannot resolve,
prior to starting arbitration You and PushingStart agree to attempt to resolve the dispute informally. You
and PushingStart agree to make a good-faith effort to negotiate Your dispute for at least 30 days (“Informal
Resolution”). Those informal negotiations will start on the day PushingStart receives a written Dispute
Notice in accordance with these Terms.
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You must send your Dispute Notice to: PushingStart Legal Department, ATTN: DISPUTE NOTICE,
support@pushingstart.com. You must include your name, any Username you use, address, how to contact You,
and the issue or problem You are experiencing.
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If the dispute is not resolved within by Informal Resolution or small-claims court (below), You or
PushingStart may start an arbitration in accordance with these Terms.
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Small Claims Court:
Following Informal Resolution, You and PushingStart agree that either You or PushingStart may bring a case
in small-claims court (if the matter meets the requirements of small-claims court).
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Binding Individual Arbitration:
THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. YOU AGREE THAT
NO CLASS ACTIONS ARE PERMITTED.
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You and PushingStart agree that Disputes will be settled by binding individual arbitration conducted by
the Judicial Arbitration Mediation Services, Inc. (“JAMS”) subject to the U.S. Federal Arbitration Act and
federal arbitration law and according to the JAMS Streamlined Arbitration Rules and Procedures effective
July 1, 2014 (the “JAMS Rules”) as modified by these Terms of Service. The JAMS Rules, including
instructions for bringing arbitration, are available on the JAMS website at
http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at
http://www.jamsadr.com/consumer-arbitration.
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This means that you and PushingStart agree to a dispute-resolution process where either you or
PushingStart submit any dispute to a neutral arbitrator (not a judge or jury) that makes the final
decision to resolve the dispute.
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The arbitrator’s decision is final and can enforced like any other court order or judgment.
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Disputes We Agree to Arbitrate: You and PushingStart agree to submit all Disputes between you and
PushingStart (except those specifically exempted below) to individual binding arbitration. “Dispute” means
any dispute, claim, or controversy (except those specifically exempted below) between you and PushingStart
that relates to your use or attempted use of PushingStart’s products or services and PushingStart’s
products and services generally, including without limitation the validity, enforceability, or scope of
this Binding Individual Arbitration section.
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You and PushingStart agree to arbitrate all Disputes regardless of whether the Dispute is based in
contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement,
or negligence), or any other legal or equitable theory.
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The Informal Resolution and Arbitration sections do not apply to (1) individual actions in small-claims
court; (2) an action to compel or uphold any prior arbitration decision; (3) PushingStart’s right to seek
injunctive relief against you in a court of law to preserve the status quo while an arbitration proceeds;
and (4) claims of intellectual-property infringement.
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You and PushingStart agree that whether a dispute is subject to arbitration under these Terms of Service
will be determined by the arbitrator rather than a court.
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Arbitration Procedure: To start an arbitration, review the JAMS Rules and follow the instructions for
initiating an arbitration on the JAMS website. The party starting an arbitration must send JAMS a “Demand
for Arbitration” (available on its website), pay a filing fee, and mail a copy of the Demand for
Arbitration to the opposing party. You will send a copy to PushingStart Legal Department, ATTN:
ARBITRATION OF DISPUTE, support@pushingstart.com. PushingStart will send our copy to your registered email
address and any billing address you have provided us.
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The arbitration will be conducted by a single JAMS arbitrator selected with substantial experience. You
and PushingStart both agree that the arbitration will be conducted in the English language and that the
arbitrator will be bound by these Terms of Service.
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If an in-person hearing is required, the hearing will take place either in Miami-Dade County, Florida, or
where you reside; you choose. Florida law will apply. without regard to conflict of law provisions.
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The arbitrator (not a judge or jury) will resolve the Dispute.
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The arbitrator may not award relief against PushingStart respecting any person other than you.
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Any decision or award may be enforced as a final judgment by any court of competent jurisdiction.
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Arbitration Fees and Location:
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If you start the arbitration, you must pay the JAMS filing fee required for consumer arbitrations.
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If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless
the applicable law provides otherwise.
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Notice and Filing: If a Dispute must be arbitrated, you or PushingStart must start arbitration of the
Dispute within two (2) years from when the Dispute first arose. If applicable law requires you to bring a
claim for a Dispute sooner than two years after the Dispute first arose, you must start arbitration in
that earlier time period. The failure to provide timely notice shall bar all claims.
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Continuation in Effect: This Binding Individual Arbitration section survives any termination of these
Terms of Service or PushingStart’s provision of services to you.
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Class Action Waiver: To the maximum extent permitted by applicable law, you and PushingStart agree to
only bring Disputes in an individual capacity and shall not: (a) seek to bring, join, or participate in
any class or representative action, collective or class-wide arbitration, or any other action where
another individual or entity acts in a representative capacity (e.g., private attorney general actions);
or (b) consolidate or combine individual proceedings or permit an arbitrator to do so without the express
consent of all parties to these Terms and all other actions or arbitrations.
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Severability: If all or any provision of this Binding Individual Arbitration agreement is found invalid,
unenforceable, or illegal, then you and PushingStart agree that the provision will be severed and the rest
of these Terms of Service shall remain in effect and be construed as if any severed provision had not been
included. The sole exception is that if the Class Action Waiver is found invalid, unenforceable, or
illegal, you and PushingStart agree that it will not be severable; this entire Binding Individual
Arbitration section will be void and unenforceable and any dispute will be resolved in court subject to
the venue and choice of clauses specified in these Terms. Under no circumstances shall arbitration be
conducted on a class basis without PushingStart’s express consent.
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Opt-Out: 30-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and
class action waiver provisions set forth above by sending written notice, signed by you, of your decision
to opt-out to the following address: [support@pushingstart.com, Attn: Arbitration Opt-Out]. The notice
must be sent within 30 days of your first use of the Service, whichever is later, otherwise you shall be
bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these
arbitration provisions, PushingStart also will not be bound by them.
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Disclaimers
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We Disclaim All Warranties. We hereby stipulate that our provision of access to PushingStart and
utilization of the Services is presented in its current state, without any alterations or improvements. We
explicitly disclaim any guarantee or assurance that PushingStart or the Services will satisfy your specific
needs or prerequisites.
We hereby assert that we renounce any and all warranties, whether explicitly stated, mandated by law, or
implied, encompassing warranties of merchantability, fitness for a specific purpose, diligent effort,
quality, suitability, veracity, utility, performance, accuracy, entirety, dependability, security, title,
exclusivity, peaceful enjoyment, non-infringement, as well as warranties pertaining to the uninterrupted,
punctual, secure, error-free access to PushingStart or utilization of the Services, and warranties
guaranteeing the prevention of content loss, to the utmost extent permitted by the relevant legislation. We reserve the right to modify or alter any information present on PushingStart at our discretion, as well
as to remove any or all materials available on the platform. We hereby assert that there exists no
obligation on our part to provide updates to the Materials. PushingStart hereby disclaims any and all
warranties with respect to any goods or services acquired or obtained through their platform, as well as any
transactions entered into via said platform. There shall be no warranties, of any nature whatsoever, that
surpass the explicit provisions contained within these Terms of Service, nor shall any warranties arise by
virtue of performance, customary business practices, or trade usage.
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Use at Your Own Risk. By accessing PushingStart and utilizing the Services, you explicitly acknowledge and
consent to the fact that such access and utilization is undertaken entirely and exclusively at your own
risk. You acknowledge and comprehend that it is within your understanding that we are unable to provide any
guarantee or warranty, explicitly or implicitly, that PushingStart or the Services shall be devoid of
viruses, worms, Trojan horses, or any other form of code that may exhibit contaminating or destructive
properties. It is hereby stated that we shall not assume any responsibility or assume any risk in relation
to your access or utilization of the Internet, PushingStart, or the Services. You acknowledge and consent
that any Materials acquired or otherwise procured through PushingStart shall be undertaken at your own
discretion and risk, and that you shall bear exclusive responsibility for any harm to your computer system
or loss of data arising from your engagement.
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Third-Party Links PushingStart has the potential to include hyperlinks directing users to external websites
operated by third parties. The aforementioned links are hereby furnished solely for the purpose of providing
you with informational content. The aforementioned links should not be construed as an endorsement by our
party of the linked websites or any information that may be obtained from them. We hereby assert that we
possess no authority or dominion over the substance contained within external websites, and we hereby
disclaim any and all liability for said websites or any potential detriment or harm that may ensue from
their utilization. The undersigned hereby asserts and affirms the prerogative to unilaterally terminate any
hyperlink in perpetuity, without limitation as to timing or circumstance.
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No Responsibility for User-Generated Materials. PushingStart has the potential to incorporate Materials
that have been uploaded by our esteemed users, which may encompass various forms of content. It is hereby
stated unequivocally that we explicitly absolve ourselves of any and all responsibility for any content
generated by users within the Materials. You acknowledge and comprehend that the Materials are predominantly
disseminated by users, and it is duly noted that we do not provide any explicit or implicit endorsement of
the viewpoints expressed in any user-generated content within the Materials. Therefore, it is imperative
that you comprehend the fact that you may potentially encounter Materials originating from diverse sources,
and it is crucial to acknowledge that we bear no responsibility for the veracity, utility, security, or
intellectual property rights pertaining to said Materials. You hereby acknowledge and comprehend that there
exists a possibility of encountering Materials that may be deemed inaccurate, offensive, illegal, indecent,
obscene, or objectionable in nature. Consequently, you willingly relinquish any and all rights or remedies
that you currently possess or may potentially possess against us in relation to said exposure. It is hereby
asserted that we bear no obligation to engage in pre-screening, reviewing, or preemptively monitoring of the
Materials. Notwithstanding any other provisions herein, it is hereby stated that we retain the prerogative
to decline publication, delete, or obstruct the Materials, or any part thereof, or to revoke a user's access
for uploading Materials that contravene these Terms of Use, at our sole discretion, without any obligation
to provide advance notification. In the event that we elect to engage in monitoring activities pertaining to
PushingStart, it is imperative to acknowledge the following: (a) we shall assume no responsibility for the
content of the Materials, (b) we shall not be under any obligation to alter or remove any Materials that may
be deemed inappropriate, and (c) we shall bear no responsibility for the actions or behavior of the user who
has submitted said Materials. To initiate the filing of an abuse complaint pertaining to Materials uploaded
by fellow users, it is imperative that you establish communication with us via the following email address:
Support@PushingStart.com.
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Violations of Law The act of accessing PushingStart and utilizing its Services in contravention of any
legal statute is categorically forbidden. In the event that it is ascertained that you have furnished or
have the intention to procure or furnish any services in contravention of any legal statutes, your capacity
to access PushingStart and avail yourself of the Services shall be promptly and unequivocally terminated. We
hereby issue a formal disclaimer absolving ourselves of any and all liability for any damages that may arise
as a result of your actions or the actions of any user, in the event that said actions involve the provision
of services that contravene any applicable laws. By entering into this agreement, you hereby acknowledge and
consent to assume the responsibility of defending, indemnifying, and holding us completely harmless from any
and all liability that may arise as a direct result of your violation of any applicable laws. You further
concur to undertake the duty of defending and in the event that any third party sustains harm as a result of
your unlawful actions, or if we are compelled to undertake the defense of any such claims made by any party,
kindly ensure that you indemnify us accordingly.
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Indemnification
You hereby consent to assume the responsibility of defending, indemnifying, and holding
PushingStart, its officers, directors, shareholders, employees, independent contractors, telecommunication
providers, and agents, harmless from any and all claims, actions, loss, liabilities, expenses, costs, or
demands, including but not limited to legal and accounting fees, arising directly, indirectly, or
consequentially from your actions or the actions of another person under your authority. This includes, but is
not limited to, claims made by governmental agencies, as well as any damages resulting from the use, misuse,
or inability to use PushingStart or the Materials, or any violation of these Terms of Service by you or
another person under your authority. We hereby undertake to expeditiously apprise you via electronic mail of
any such claim or legal action, and we reserve the right to wholeheartedly collaborate (with all costs to be
borne by you) in the defense of said claim or legal action. We hereby assert our prerogative to engage in the
defense of said claim or lawsuit at our sole cost and discretion, and to retain our preferred legal
representation; notwithstanding, we bear no compulsion to undertake such actions.
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Limitation of Liability
You hereby acknowledge and agree that we shall not assume any liability towards you with respect to
user-generated Materials or the offensive or illegal conduct of any individual. You acknowledge and comprehend
that the sole responsibility for any potential harm or damage resulting from this matter lies entirely upon
you, and you explicitly absolve us from any legal responsibility or liability arising from user-generated
materials or the actions of any individual. You hereby discharge, acquit, and otherwise release us, the
aforementioned entities, including the parent company, agents, employees, officers, directors, shareholders,
attorneys, and affiliates, hereby seek to absolve themselves from any and all allegations, counts, charges,
debts, causes of action, and claims that may arise in connection with the utilization of, or activities
pertaining to the utilization of PushingStart. This includes, but is not limited to, claims pertaining to the
following: Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized
in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or
advantageous business relationship, defamation, privacy, publicity, intellectual property infringement,
misrepresentation, infectious disease, revenge porn law violations, any financial loss not due to the fault of
PushingStart, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of
privacy, release of personal information, failed transactions, purchases or functionality of PushingStart,
unavailability of PushingStart, its functions and any other technical failure that may result in
inaccessibility of PushingStart, or any claim based on vicarious liability for torts committed by individuals
met on or through PushingStart, including fraud, theft or misuse of personal information, assault, battery,
stalking, harassment, cyber- bullying, theft, cheating, perjury or any other civil or criminal activity. The
aforementioned enumeration is intended solely for illustrative purposes and should not be construed as an
exhaustive compilation of the various types or classifications of claims that you have released. The parties
hereby express their intention for this release to be construed in a manner that favours PushingStart to the
fullest extent possible. Consequently, any ambiguity arising from this release shall be construed in a manner
that grants the broadest possible release of claims. This release is hereby intended to serve as a
comprehensive and complete relinquishment of all claims, and it is duly recognized by the involved parties
that this provision holds legal validity and encompasses the relinquishment of significant rights in
connection therewith. We hereby assertively disavow any and all liability or responsibility towards you in
relation to any of the ensuing matters: Any and all losses or damages, regardless of nature, that may be
suffered as a result of the Materials, including but not limited to errors, mistakes, or inaccuracies
contained within the Materials, or any Materials that may be infringing, obscene, indecent, threatening,
offensive, defamatory, invasive of privacy, or otherwise illegal in nature. Any personal injury or property
damage, regardless of its nature, that may arise as a consequence of your access to and utilization of
PushingStart. Any unauthorized access or alterations to your account, transmissions, data, or Content by a
third party occur, it is important to note that such actions are not authorized and may be subject to legal
consequences. Any potential interruption or discontinuation of transmission to or from PushingStart, as well
as any delays or failures that you may encounter when initiating, conducting, or finalizing any transmissions
or transactions with PushingStart. Any bugs, viruses, malware, Trojan horses, or similar malicious software
that may potentially be transmitted to or through PushingStart by any third party. Any potential
incompatibility that may arise between PushingStart and any of your other services, hardware, or software. Any
claims that may arise as a result of the identification of your person based on the content you provide,
irrespective of whether you make use of any tool or feature provided by PushingStart to designate certain
content as private or to block, restrict, or otherwise limit access to your content in specific geographical
areas.
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Intellectual Property
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Trademarks. PushingStart, herein referred to as the "Brand," is the proprietary brand name and registered
trademark owned by the undersigned party. We vehemently and resolutely advocate for the protection and
preservation of our intellectual property rights. The aforementioned product and service names of other
manufacturers that are mentioned herein may potentially be recognized as trademarks and service marks
belonging to their respective companies. These trademarks and service marks are the sole and exclusive
property of their respective owners, and any public usage of them without the explicit written consent of
the owners or holders of said trademarks and service marks is strictly prohibited. The utilization of any
marks, logos, domains, and trademarks discovered on PushingStart is strictly prohibited for public use,
unless explicit written consent is obtained from our organization. Furthermore, such utilization must not be
conducted in a manner that is likely to result in confusion among consumers or in a manner that defames or
undermines the reputation of PushingStart.
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Copyrights. With the exception of Materials contributed by our esteemed users, such as those found within
the confines of the chatroom, it is imperative to acknowledge that the Materials in question are
unequivocally regarded as our exclusive proprietary information, embodying invaluable intellectual property.
We hereby assert and maintain exclusive ownership, legal rights, and vested interests in the aforementioned
Materials. PushingStart, the aforementioned Materials, and our proprietary software are duly safeguarded and
afforded the protection granted under the purview of copyright law. The aforementioned Materials shall not
be subject to copying, distribution, republication, modification, uploading, posting, or transmission in any
manner without obtaining our express written consent in advance. Under no circumstances shall you engage in
the removal or modification, or instigate the removal or modification, of any copyright, trademark, trade
name, service mark, or any other proprietary notice or legend that is visibly present on any of the
Materials. Any modification or utilization of the Materials, unless explicitly permitted in these Terms of
Service, constitutes a violation of our intellectual property rights.
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Notification of Copyright Infringement. We hereby affirm our utmost regard for the intellectual property
rights of all parties involved and hereby declare our unwavering commitment to adhere to the provisions set
forth in the Digital Millennium Copyright Act ("DMCA"). PushingStart may, in appropriate circumstances and
at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of
others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized
to act has been infringed, please provide PushingStart’s Copyright Agent a written Notice containing the
following information:
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an electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
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a description of the copyrighted work or other intellectual property that you claim has been
infringed;
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a description of where the material that you claim is infringing is located on the platform;
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your address, telephone number, and email address;
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a statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
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a statement by you, made under penalty of perjury, that the above information in your Notice is accurate
and that you are the copyright or intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf. PushingStart’s Copyright Agent can be reached in the following ways:
support@pushingstart.com. To be valid, a Notice must be in writing and must follow the instructions above.
You also may use the contact information in this Section to notify us of alleged violations of other
intellectual property rights.
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General
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Entire Agreement The present communication serves as a formal declaration of the entire agreement between
the parties involved. The present Terms of Service, along with any other legally binding notices or
agreements made available by us on the PushingStart platform, collectively constitute the comprehensive
agreement governing the relationship between you, as a user, and us, pertaining to your utilization of
PushingStart. The present provision shall prevail over any preceding terms, understandings, or agreements,
whether written or oral, that have been entered into between yourself and our party with respect to the
utilization of PushingStart. A duly printed rendition of the Terms of Service, as well as any notice
provided in electronic format, shall be deemed admissible in any legal proceedings arising from or
pertaining to these aforementioned terms. The present rendition of the Terms of Service shall be employed
with equal evidentiary weight and shall be subject to the same stipulations as any other business documents
and records that were initially produced and preserved in physical printed format.
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Policies of Our Service Providers. You acknowledge and consent to the utilization of specific third-party
service providers by us for the purpose of providing the aforementioned Services to you. You acknowledge and
consent that it is incumbent upon you to acknowledge and adhere to any and all user terms, privacy policies,
or other policies that may be mandated by said third party as a prerequisite for availing oneself of their
services. In the event of a conflict between the aforementioned policies and our own policies, it is hereby
declared that the terms of our policies shall prevail and govern.
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Assignment and Delegation. The assignment of rights or delegation of performance under these Terms of
Service may be conducted without providing notice to you. You shall not, under any circumstances, assign,
delegate, or sublicense any of your rights or duties without obtaining our express written consent in
advance. Any purported assignment or delegation in contravention of this provision shall be deemed null and
void.
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Severability. In the event that any provision contained within these Terms of Service is deemed to be
invalid, illegal, or unenforceable, it is hereby stipulated that the remaining provisions shall remain in
full force and effect, provided that the fundamental terms governing the rights and obligations of each
party remain valid, binding, and capable of being enforced.
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Cumulative Remedies The remedies outlined in these Terms of Service are cumulative in nature and not
exclusive. This means that the exercise of any particular right or remedy by one party does not prevent that
party from asserting any other rights or seeking additional remedies available under the law, equity,
statute, any other agreement between the parties, or any other means.
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Successors and Assigns. The provisions stated herein, pertaining to the Terms of Service outside the
European Union, shall be applicable and enforceable for the parties involved, as well as their respective
successors and assigns.
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Force Majeure. PushingStart shall not be held liable for any failure to fulfil its obligations due to
unforeseen circumstances or causes that are beyond our reasonable control. These circumstances include, but
are not limited to: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other
natural disasters; epidemics, pandemics; war, riot, arson, embargoes, acts of civil or military authority,
or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labour, or
materials; failure of the telecommunications or information services infrastructure; hacking, spam, data
breach, malware, or any failure of a computer, server, network, or software for as long as the event
continues to impede our ability to perform; and unlawful acts committed by our employees, agents, or
contractors.
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Notices. Pursuant to the provisions set forth in these Terms of Service, it is hereby stated that any
notice that we are obligated to provide shall be duly delivered through the following means: firstly, by
electronic mail to a valid and operational email address belonging to the party intended to receive such
notice; secondly, by means of a publicly accessible announcement on the PushingStart platform; or thirdly,
by way of personal delivery facilitated by a reputable commercial carrier. Notices from customers to our
firm shall be duly provided by means of contacting us through the designated contact button on PushingStart,
unless explicitly stipulated otherwise within the confines of these Terms of Service. Pursuant to the
provisions outlined in these Terms of Service, it is hereby stipulated that either party shall have the
right to modify the designated address for the purpose of receiving notices, provided such address is
accurate for reaching the designated recipient and complete. Such modification shall be effected through the
delivery of a written notice to the other party. Notices shall be deemed legally effective and binding upon
the recipient upon successful delivery. Notices that have been duly dispatched via an expeditious courier
service shall be deemed to have been effectively delivered on the subsequent business day subsequent to the
date of dispatch. Notices delivered by any means other than the aforementioned shall be considered as having
been duly given upon actual receipt. Either party, hereinafter referred to as "Party," shall have the right,
at their sole discretion, to modify the designated address, email address, or recipient for any notice, as
stipulated herein, by providing the other Party, hereinafter referred to as the "Other Party," with suitable
written notice. Any notice that is properly addressed, yet subsequently refused, unclaimed, or
undeliverable, due to an act or omission committed by the party intended to receive said notice, shall be
considered legally effective as of the initial date on which said notice was declined or determined
undeliverable by the relevant postal authorities, messenger, email server, or overnight delivery
service.
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Communications are Not Private. Our establishment does not offer any means or infrastructure for the
transmission or reception of private or confidential electronic communications. All communications conveyed
to our organization shall be considered as readily accessible to the general public. It is imperative that
you refrain from utilizing PushingStart as a means to convey any form of communication that is exclusively
intended for your own perusal and that of the designated recipient. Please be advised that it is hereby
stipulated that any and all communications inputted into the PushingStart platform shall be subject to
scrutiny and perusal by the duly authorized agents and operators of PushingStart, irrespective of their
intended addressees.
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Authorization and Permission to Send Emails to You. You grant us the authority to transmit electronic
correspondences, encompassing but not limited to emails, advertisements, and notifications, to your
designated email address. The aforementioned authorization shall remain in effect until such time as you
explicitly instruct us to exclude your person from our electronic mail registry. You acknowledge and consent
that any unsolicited email communication received from us or our affiliates shall not be deemed as spam, as
per the legal definition of said term.
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Consideration. By virtue of your acquisition of specific paid features, we grant you the privilege to
access and utilize PushingStart, the Services, and the Materials, subject to the limitations imposed. This
grant is contingent upon your full compliance with all the stipulations outlined in these Terms of Service.
You hereby acknowledge and affirm that the aforementioned consideration is deemed satisfactory and has been
duly received upon your act of accessing or retrieving any segment of PushingStart.
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Electronic Signatures. By utilizing the services provided by PushingStart, you hereby acknowledge and
consent to the binding nature of any affirmation, assent, or agreement that you transmit through said
platform. It is hereby acknowledged and affirmed that, upon your future act of clicking on a "I agree," "I
consent," or any other similarly worded button, check Pack, or entry field, utilizing your mouse, keystroke,
or any other computer device, your agreement or consent shall possess legal validity and be subject to
enforcement, thereby constituting the legal equivalent of your handwritten signature.
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English Language. The Terms of Service and the corresponding website policies have been meticulously
drafted in the English language by our organization. I hereby affirm and acknowledge my representation of
comprehension and agreement with the English language rendition of the Terms of Service in their currently
published form. We hereby assert that we shall not bear any responsibility or legal obligation towards you
or any other individual or entity for any financial or monetary burdens arising from the translation of
these Terms of Service that are not applicable within the European Union. Should you elect to undertake the
translation of these Terms of Service, it is imperative to acknowledge that such action is undertaken
entirely at your own peril, for it is unequivocally established that only the English language rendition
holds legal force and effect.
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Export Control. You are fully cognizant and expressly recognize that the software components encompassed
within the Materials on PushingStart may potentially fall under the purview of regulatory oversight by
governmental entities, which impose restrictions on the exportation or diversion of software and other
commodities to specific nations and third-party entities. The diversion of said Materials in contravention
of the laws of the United States or international law is strictly prohibited. You shall refrain from
providing aid or engaging in any form of involvement in any diversion or any other act that contravenes the
prevailing laws and regulations. You, as the party in question, hereby affirm and guarantee that you shall
refrain from granting any form of license or authorization to any individual or entity who has not been duly
sanctioned or authorized to obtain controlled commodities in accordance with the relevant laws and
regulations. Furthermore, you pledge to strictly adhere to said laws and regulations in all respects. You
hereby acknowledge and affirm that you are in full agreement that none of the aforementioned Materials shall
be obtained, transported, conveyed, or re-exported, whether directly or indirectly, to countries that have
been designated as proscribed or subject to embargo, nor shall they be made available to individuals who are
citizens or nationals of said proscribed countries. Furthermore, you acknowledge and affirm that the
Materials shall not be utilized for activities that have been deemed proscribed.
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No Agency Relationship. No provision within these Terms of Service applicable to individuals shall be
interpreted as, or deemed to establish, generate, imply, enforce, or otherwise acknowledge a partnership,
employment relationship, joint venture, or formal business entity of any nature. The rights and
responsibilities of the involved parties shall be confined solely to those explicitly stated within this
document.
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Usages. In these Terms of Service, the following usages will apply unless otherwise stated or the context
indicates otherwise: References to a statute include the statute itself and any subsequent statutes, as well
as all regulations issued under or implementing the statute, as they are in effect at the relevant time.
When calculating periods from a specified date to a later specified date, the terms "from" and "commencing
on" (and similar expressions) mean "from and including," while the terms "to," "until," and "ending on" (and
similar expressions) mean "to but excluding." References to a governmental or quasi-governmental agency,
authority, or instrumentality will also encompass any regulatory body that takes over the functions of the
mentioned agency, authority, or instrumentality. "A or B" denotes "A or B or both." Similarly, "A, B, or C"
implies "one or more of A, B, and C." This construction extends to longer sequences as well. The term
"including" signifies "including, but not limited to."
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No Waiver. Any waiver or action undertaken by our party shall not be construed as a waiver of any
subsequent default of the same provision contained within these Terms of Service. In the event that a court
of competent jurisdiction determines that any term, clause, or provision contained herein is invalid or
unenforceable, it is important to note that such invalidity shall not have any impact on the validity or
effectiveness of any other term, clause, or provision. Furthermore, the term, clause, or provision that has
been deemed invalid or unenforceable shall be considered as separate and distinct from these Terms of
Service.
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Headings The headings contained herein are provided solely for the purpose of convenience and shall not in
any way alter, modify, or impact the interpretation, construction, or enforceability of these Terms of
Service.
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Other Jurisdictions/Foreign Law. We hereby declare that we do not assert or guarantee that PushingStart,
the Services, or any of the Materials are suitable or accessible for utilization in alternative
jurisdictions.
Furthermore, we hereby state that accessing said entities from territories where their content may be
deemed unlawful or otherwise forbidden is strictly prohibited. Individuals who elect to access PushingStart and avail themselves of the Services from said locations do
so of their own volition and bear exclusive responsibility for ascertaining adherence to all pertinent local
statutes. Nowhere within these Terms of Service shall any provision be construed as an acknowledgment that
PushingStart is bound by the legislation of any jurisdiction other than the United States.
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Service Not Available in Some Areas. You are hereby advised that you are bound by the statutes,
regulations, ordinances, and other legal provisions of the state, province, city, country, or any other
legal jurisdiction in which you currently maintain your residence or from which you gain access to the
PushingStart platform.
PushingStart is rendered null and void in jurisdictions where its operation is prohibited or subject to
legal restrictions. In the event that you choose to initiate an account or engage in activities on PushingStart whilst
situated within a jurisdiction that is expressly prohibited, it is imperative to acknowledge that such
actions would contravene the laws of said jurisdiction as well as the stipulations outlined in these Terms
of Service. Consequently, you may face the consequence of having your account
suspended or terminated, without any prior notice being provided to you. By accepting these terms, you
acknowledge and agree that PushingStart shall not be held accountable or subject to liability in the event
that your participation is restricted or prohibited due to the application of laws that are relevant to you.
PushingStart hereby disclaims any and all representations or warranties, whether implied or express,
pertaining to your legal entitlement to engage in any Service provided on the PushingStart platform.
Furthermore, it is explicitly stated that no individual associated with PushingStart, or purporting to be
associated with PushingStart, possesses the authority to make any such representations or warranties. The
undersigned hereby asserts and affirms the prerogative to impose limitations on the availability and
accessibility of PushingStart within any given jurisdiction.
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Promotions
From time to time, PushingStart may offer special promotions, including
sweepstakes and other promotions (collectively, “Sweepstakes”). For these Sweepstakes,
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF
WINNING. YOU HAVE NOT YET WON. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE
PROHIBITED.
Sweepstakes will have dedicated terms and conditions accessible from the designated entry page. Specific details
related to entry, prizing and other special terms for any specific sweepstakes promotion (“Rules”) will be
posted.
Eligibility: Unless otherwise noted, the Sweepstakes will be open
and offered only to legal residents of the fifty (50) United States, including the District of Columbia, who are
at least eighteen (18) years of age and have reached the age of majority in their jurisdiction of residence at
the time of entry. Employees of PushingStart. and their immediate families (parent, child, sibling or spouse)
and/or household members of respective parent companies, subsidiaries, affiliates, distributors, sales
representatives, advertising and promotional agencies, and any other persons or entities associated with this
promotion are not eligible to participate in the Sweepstakes. Entrants must have access to the Internet. The
Sweepstakes is subject to all applicable federal, state, local, and municipal laws and regulations. Void where
prohibited.
Sponsor: All Sweepstakes are sponsored by PushingStart
(“Sponsor”).
Agreement to Official Rules: By participating, you agree to be
fully unconditionally bound by the Rules, and you represent and warrant that you meet the eligibility
requirements set forth herein. In addition, you agree to accept the decisions of Sponsor, as final and binding,
and waive any right to claim ambiguity in the Sweepstakes or the Rules.
Sweepstakes Period: All Sweepstakes shall include a “start” and
“end” date. All entries must be received during the specific dates and and times to be eligible to win,
according to Sponsor’s time clock. The end time, unless otherwise noted, will always be 11:59PM, Eastern time
(regardless of Daylight Savings Time), according to Sponsor’s internal time clock. Sponsor is not responsible
for any misdirected or otherwise late entries.
How to Enter: The method of entry is specific to the Rules of the
Sweepstakes. Unless otherwise noted, only one entry per natural person per Sweepstakes. Attempts to obtain more
than the stated number of entries by using multiple/different email addresses, identities, registrations, and
logins, or any other methods, will void that Entrant’s entries and Entrant may be disqualified. Use of any
automated system to participate is prohibited and will result in disqualification. In the event of a dispute as
to any registration, the authorized account holder of the email address used to register will be deemed to be
the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet
access provider, online service provider, or other organization responsible for assigning email addresses for
the domain associated with the submitted address. Each potential winner may be required to show proof of being
the authorized account holder.
Sweepstakes Prize(s); Conditions: Upon confirmation of eligibility
a winner will receive the prize(s) as set forth in the Sweepstakes. Approximate retail value (“ARV”) of the
prize(s) will vary and will be specified in the Sweepstakes announcement. Prizes are non-transferable and no
substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right
to substitute any listed prize for one of equal or greater value for any reason.
Winning a prize may be a taxable event, depending upon the ARV and how
many times you have won in a calendar year. Taxes, if any, are the sole responsibility of the winner(s), and
winner(s) are free to reject a prize. If a winner accepts a prize that triggers a tax, the winner will be issued
an IRS Form 1099 for the ARV of any awarded prize(s). All federal, state or other tax liabilities (including
income taxes) arising from any Sweepstakes will be the sole responsibility of each winner who accepts a prize.
Any and all other prize-related expenses associated with prize receipt and/or use, shall be the sole
responsibility of the winner. Any prizes pictured in point-of-sale, online, television, and print advertising,
in promotional packaging, and in other Sweepstakes materials may be for illustrative purposes only, and your
prize may look different. No substitution of prize or transfer/assignment of prize to others. You may not
request a cash equivalent. In some cases, the prize will be delivered as a coupon or electronic gift card for
the ARV of the prize. All details and other restrictions of the prize(s) not specified in these Rules will be
determined by Sponsor in its sole discretion. Prize limits, if any, will be set forth in the Specific
Promotion.
Odds: The odds of winning depend on the number of eligible entries
received before the Sweepstakes end date.
Winner Selection and Notification:
You will be notified as specified in the Sweepstakes you entered. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the
potential winner is final and binding in all matters related to the Sweepstakes. Within one (1) week following
the end of the Sweepstakes period, Sponsor will select the number of potential winners set forth in the
Sweepstakes in a random drawing of all valid entries received. The potential winners will be contacted by
Sponsor. Potential winners will have a specified time period to respond and claim the prize. If no response is
received within the time period, Sponsor may not award the prize. The potential winner may also be sent a
declaration of eligibility / liability / publicity release (“Release”). Unless restricted by law, the potential
winner will be required to complete and return the Release within a certain specified date from the date of
notification. An alternate potential winner may be chosen selected from among the remaining eligible entries if
the potential winner fails to provide all necessary documentation pursuant to the Rules or cannot accept or
receive the prize for any reason, or is otherwise disqualified for any reason. The receipt by winner of the
prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and
regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN
SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY
TERMINATED. Prizes will be fulfilled as soon as reasonably possible after the conclusion of the
Sweepstakes.
General Conditions:
Additional terms will be specific at the Sweepstakes announcement.