TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Updated January 5th, 2024

This site, https://pushgiant.ai (“Site”) is owned and operated by PushGiant, LLC (“PushGiant,” “we,” “us,” or “our”). By accessing or using this Site or any other site, service, software, platform, tool, data, feature, function, or product owned, operated, or provided by PushGiant (collectively referred to as the “Service”), you signify your agreement and consent to be bound by these Terms and Conditions (“Terms and Conditions” or “Terms of Use”). In addition, the PushGiant Privacy Policy (“Privacy Policy”) and any and all other applicable operating rules, policies, and other supplemental terms and conditions, service agreements, Additional Terms (as defined in Section 3 below), or documents that may be published from time to time or found throughout our Site, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the following terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Service in any manner or form.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION IN PARAGRAPH 11 THAT AFFECTS YOUR RIGHTS TO SUE UNDER THE AGREEMENT.

1. Eligibility. This Site is available only to individuals who can enter legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use or access the Site.

2. Your Acceptance of the Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of our Service. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes that arise prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Service. By your continued use of the Service, you hereby agree to comply with all the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute). Therefore, you should regularly check this page for updates or changes.

3. Additional Terms. Our Services may also be subject to Additional Terms within a Service Agreement between you and PushGiant. If there is any conflict between the terms in the Terms and Conditions and the Additional Terms, then the Additional Terms shall govern in relation to the Services.

4. Your Affirmative Representations. When you use the Service, you represent that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) your use of the Service does not violate any applicable law or regulation; (d) you meet the Eligibility requirements of Section 1; and (e) you will comply with the rules for on-line conduct, as discussed in Section 5 below.

5. Rules Governing Content and Use; Your Representations and Warranties. When you use the Service, you represent and warrant that you will not: (a) use this Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, this Service without our express written consent; (b) install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party; and (c) interfere with, disrupt, or create an undue burden on the Service or the networks connected to this Service, including without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications (d) attempt to gain unauthorized access to the Service or its related systems or networks; (e) permit direct or indirect access to or use of the Service in a way that circumvents a contractual usage limitations, or use the Service to violate any intellectual property rights; (f) modify, copy, reverse engineer, or create derivative works based on the Service or any part, feature, function or user interface thereof; (g) copy the Service except as may be permitted herein; (h) create Internet “links” to or from the Service, or “frame” or “mirror” the Service or any content therein; (i) use any meta tags, “hidden text”, crawlers, robots, spiders, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download information within the Service, Proprietary Material (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization; (j) use the Service for any purpose other than for personal use. The Service may contain information that you may find explicit or otherwise offensive, erroneous or otherwise inaccurate or outdated. Any use of the Service than as explicitly authorized herein, without the express prior written authorization of PushGiant, is strictly prohibited.

The personal information you submit to us is governed by our Privacy Policy. Please review our Privacy Policy, which is
incorporated herein and describes our practices regarding
collection and handling of your personal information.

In the event the Service contains functionality (such as blogs, message boards, questions and answers, quizzes, user reviews, etc.) that allows users to upload information or content (collectively, “Public Areas”), you agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any individual, group, or entity. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to us by email (including through the
email addresses listed on the “Contact Us” page) or otherwise, any communication or content that infringes or violates any rights ofany party. If you submit any business information, idea, concept or invention to us, you agree such submission is non-confidential for all purposes, unless otherwise governed by any Additional Terms.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to us by email, you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted to us, a royalty-free,perpetual, irrevocable, world-wide, nonexclusive license to use,reproduce, create derivative works from, modify, publish, edit,translate, distribute, perform, and display the communication orcontent in any media or medium, or any form, format, or forumnow known or hereafter developed. We may sublicense theserights through multiple tiers of sublicenses. If you wish to keepany business information, ideas, concepts, or inventions private orproprietary, do not submit them to the Public Areas or to us byemail. We try to answer every email in a timely manner but arenot always able to do so.

6. User Submissions – Image, Video, Audio Files. In the event the Service contains functionality that enables users to post or upload media, you agree to only post or upload media (like photos, blogs, videos, or audio) that you have taken or created yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner. By uploading any media within the Service, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant the rights described herein. It is strictly prohibited to upload media of any kind that contains expressions of hate, abuse, offensive images or conduct, obscenity,
   pornography, sexually explicit material, or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may conflict with these Terms and Conditions and the Privacy Policy. You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or
   limit the functionality of any computer software or this Service. By uploading any media like a photo or video, (a) you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b)
   you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes us to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify us and our affiliates, and our respective directors, officers, managers, members, representatives, agents and employees and hold us/them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these Terms and Conditions.
   We reserve the right to remove any media for any reason, at any time, without prior notice, at our sole discretion.

7. Our Intellectual Property Rights. All of the Services including but not limited to the trademarks, service marks, logos, features, designs, graphics, icons, images, audio, video, software, applications, files, data, and appearances contained within the Service (“Marks”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. We (and our licensors) remain the sole owner of all right, title, and interest in the Service and Marks. Except as stated in the Agreement, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services and we reserve all rights not granted under the Agreement. You agree that you will not circumvent, disable or otherwise interfere with security related features of the Service or features that: (a) prevent or restrict use or copying of the Service, or (b) enforce limitations on use of the Service. You further agree not to access the Service by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement. If you violate any of these Terms and Conditions, your permission to use the Service automatically terminates and you must immediately destroy any copies you have made of any portion of the Service. With the exception of the limited licenses granted herein, the Service cannot be used, reproduced, distributed, framed, reproduced, scraped, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any other purpose whatsoever.

8. Our Management of Content/User Misconduct.

1. Our Content Management. We may, but are not required to: (a) monitor the Service for violations of the Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates the Agreement; and/or (c) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service.

2. Our Right to Terminate Users. Without limiting any other provision of the Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Service and its content to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in the Agreement, or of any applicable law or regulation.

3. Our Right to Temporarily or Permanently Disable and/or Dismantle the Service. Without limiting any other provision of the Agreement, we reserve the right to, in our sole discretion and without notice or liability, disable and/or dismantle some or all of the Services, temporarily or permanently for any reason or for no reason at all.

4. Hold Harmless. The end user hereby agrees to hold SCALE Agile Solutions harmless and indemnify Scale Agile Solutions from any and all liability, including court costs and attorney’s fees, resulting from the negligence, misconduct, from the end user’s breach of the terms herein, any violation of agreements by the end user that result in possible deactivation of accounts, blocks on the accounts or termination of any accounts, etc and/or any other taken by the end user that is without the consent of Scale Agile Solutions or in contravention of applicable law or industry standards.

9. Term and Survival. The Agreement shall remain in full force and effect while you use this Service. All obligations which expressly or by their nature are to continue after termination, cancellation or expiration of the Agreement shall survive and remain in effect after such happening, including without limitation Sections 11, 12, 13, 14, and 16.

10. Arbitration Agreement and Class Action Waiver.
A. Scope of Arbitration Agreement and Class Action Waiver. You agree that, by entering into the Agreement which is confirmed by your access to and/or use of our Service, we and you agree to arbitrate all disputes and claims that arise out of the Agreement, except as otherwise set forth herein. Therefore, you agree that, by entering into the Agreement, we and you, and any of our respective successors and/or assigns, are each waiving the right to a trial by jury or to participate in a class action or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Service users or other persons similarly situated.

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.  YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST PUSHGIANT, LLC OR ITS AFFILIATED ENTITY(IES), IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

– Claims arising out of or relating to the Service, any products and/or services that you may apply for or obtain through the Site, the Service, marketing activities conducted by us or on our behalf, or by us on behalf of third parties, and/or the Agreement.

– Claims arising out of or relating to any aspect of this relationship between us and you, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; and

– Claims relating hereto that may arise after the termination of the Agreement.

B. Arbitration Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small claims court in Broward County, Florida. This arbitration provision shall further specifically exclude any dispute over the validity of any party’s intellectual property rights. In the event the arbitration agreement set forth herein is for any reason held to be unenforceable, any litigation against ProBox may be commenced only in a federal or state court located within Broward County, Florida, and we both consent to the jurisdiction of those courts for such purposes.

C. Arbitration Procedure. A party who intends to seek arbitration must first send to the other, by certified mail, a written demand (“Demand”). The Demand to us should be addressed to: Legal Dept., 6295 W Sample Road #671074, Coral Springs FL 33067 (“Demand Address”). The Demand must: (1) describe reasonably the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. If we and you do not reach an agreement to resolve the Demand within 30 days after the Demand is received, we or you may commence an arbitration proceeding.

The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by the Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to us at the address above. The arbitration shall take place in Broward County, Florida.

The arbitrator is bound by the terms of the Agreement.

All issues are for the arbitrator to decide, except issues relating to the scope and enforceability of this arbitration provision, which are for a court of law to decide.

Regardless of the way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Unless both we and you agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case, except to enforce the award.

4. Arbitration Fees. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing, or other fees).

5. Injunctive Relief. Notwithstanding the arbitration provision herein, we may seek injunctive relief for any violation of our intellectual property or other proprietary rights.

6. One Year Limitation on Actions. YOU MUST FILE A DEMAND WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO SUCH DEMAND, OR YOU WAIVE THE RIGHT TO PURSUE ANY DEMAND BASED UPON SUCH EVENT, FACTS, OR DISPUTE.

7. Survival of Arbitration Agreement and Class Action Waiver. This section will survive termination of the Agreement.

8. Governing Law; Waiver of Jury Trial. . All issues concerning the construction, validity and enforcement of the Agreement, or the rights and obligations of the parties, shall be construed and governed by the laws of the State of Florida, without regard to conflicts of law rules. Each party to this Agreement further agrees to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.

11. Disclaimers. THE SERVICE AND ALL INFORMATION PROVIDED ON OR THROUGH THE SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, AND WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. INFORMATION ON THE SITE MAY BE OUT OF DATE, INACCURATE OR INCOMPLETE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF SERVICE OR CONTRIBUTIONS, (B) PERSONAL INJURY, HARM, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE, (C) ANY ILLEGAL OR UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND THE PERSONAL INFORMATION OR PAYMENT INFORMATION STORED THEREIN OR WITH ANY THIRD PARTY CONTRACTOR, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY SERVICE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE, OUR LICENSORS, AND OUR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE, OUR LICENSORS, AND OUR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, RELEVANCY, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SERVICE. Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.

The use of the Service is at your own risk. When using the Service, information will be transmitted over a medium that may be beyond our control and jurisdiction. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Service. Further, we make no warranties that the Service is appropriate or available for use in other locations. If you access or use the Service from other jurisdictions, you are responsible for compliance with the local law.

Commentary and other materials posted within the Service, if applicable, are not intended to amount to advice on which reliance should be placed. We disclaim to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by any visitors to the Service or by anyone who may be informed of any of its contents. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be made in writing.

12. Limited Liability. IN NO EVENT SHALL WE, OUR MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, CONTRIBUTIONS, OR ANY OTHER CONTENT THEREIN, OR FOR ANY INFORMATION OR MATERIALS AVAILABLE OR MADE AVAILABLE THROUGH THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU FOR ANY REASON WHATSOEVER RELATED TO THE USE OR ACCESS OF THE SERVICE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above exclusions may not apply to all users; in such states’ liability is limited to the fullest extent permitted by law.

13. Indemnity. To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless, PushGiant, LLC, its parents, subsidiaries, affiliates, licensors, and contractors, and our/their respective members, officers, managers, directors, agents, partners, and employees, third party information providers, and all others involved in the delivery of products, services, or information within the Service (collectively, “Indemnified Parties”), from and against any loss, liability, expense, claim, or demand, including reasonable attorneys’ fees, due to or arising out of, in connection with, or relating to any breach of these Terms and Conditions of Use by you, including your use of Service or information obtained from the Service. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed through the Service or related website(s).

14. Export Prohibitions. The United States Export Control laws prohibit the export of certain technical data and software to certain territories which may include certain materials found within the Service. We do not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws. No software from this Site or App may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Syria, Libya, the Sudan, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

15. Miscellaneous.
A. Relationship of the Parties. Nothing in the Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship of any kind between us and any user.

B. No Third-Party Beneficiaries. The Agreement is between you and us. There are no third-party beneficiaries to the Agreement.

C. Section Titles. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

4. Non-Waiver. Our failure to exercise or enforce any right or provision of the Agreement shall not operate as a waiver of such right or provision.

5. Severability. The Agreement fully operates permissible by law. If any provision or part of a provision of the Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.

6. Assignment. You may not assign your rights under the Agreement to any third party; we may assign our rights under the Agreement without condition.

7. No Modification. No written or oral modification to the Agreement shall be binding upon us unless it is signed in writing by one of our officers.

H. Force Majeure. Adretreaver is not liable for any delay or failure to perform any obligation under the Agreement if the delay or failure is due to unforeseen events, which occur after the effectiveness of the Agreement and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, pandemics, act of governmental authority, states of emergency, refusal of license by the government or other governmental H. Force Majeure. PushGiant is not liable for any delay or failure to perform any obligation under the Agreement if the delay or failure is due to unforeseen events, which occur after the effectiveness of the Agreement and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, pandemics, act of governmental authority, states of emergency, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.

17. Copyright Infringement Notice. If you are a copyright owner or a representative of a copyright owner and you have a good faith belief that any Service infringes your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to customerserv17. Copyright Infringement Notice. If you are a copyright owner or a representative of a copyright owner and you have a good faith belief that any Service infringes your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to [email protected] with the following information:

A. Identification of the copyrighted work claimed to have been infringed;

B. Identification of the material that is claimed to be infringing that is requested to be removed;

C. Your contact information including your name, mailing C. Your contact information including your name, mailing address, telephone number and email address;

D. A D. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, representative, or the law; and

E. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the copyright owner and submit the statement.

18. SMS Terms. Please read these terms and conditions carefully. By entering your mobile telephone number and checking the box on the signup form from PUSHGiant.ai , you expressly consent to receive both non-marketing and marketing text messages from PUSHGiant (“Company”), including text messages made with an autodialer at the mobile telephone number(s) that you provided on your request form. You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to obtain any services on our site. Additionally, some of the data that may be transmitted as part of this service may be governed by the Website Terms of Use, our Privacy Policy, and any other applicable terms and agreements related to your use of Company services.

19. How to Opt-out. If you no longer wish to receive text messages from us, follow the instructions given in the message or text “STOP” or “QUIT”. You can also text “HELP” for assistance. You may receive confirmation of your opt-out of that text messaging program. You might also be provided with the unsubscribe link which will take you to the website where you opted-in initially. You can also unsubscribe from all future notifications from us by emailing us at [email protected]

20. Frequency of Messaging. PUSHGiant.ai alerts and notifications are delivered via text messaging to your mobile phone, approximately 2 message(s) a week.

Access to the Services In order to receive these notifications, you must have a mobile communications subscription with a participating carrier, or otherwise have access to a mobile communications network through which PUSHGiant.ai sends these notifications, as well as any carrier services necessary to send text messages, and pay any service fees
associated with any such access. YOUR CARRIER’S TEXT MESSAGING RATES WILL APPLY TO ALL TEXT MESSAGE COMMUNICATIONS MADE IN CONNECTION WITH THE SERVICES. ACCORDINGLY, ALL PRICING, BILLING, REFUND AND OTHER RELATED INQUIRIES AND SUPPORT MUST BE DIRECTED TO YOUR CARRIER’S CUSTOMER SUPPORT TEAM.

Supported Carriers include, but are not limited to: AT&T, Verizon Wireless, Sprint, T- Mobile, Alltel, CellularOne, Virgin Mobile, U.S. Cellular, Metro PCS. The wireless carriers are not liable for delayed or undelivered messages.
In addition, you must provide all equipment and software necessary to participate in the Subscription, including, but not limited to, a mobile handset or other mobile access devices that is in working order and suitable for use in connection with the Subscription.

PUSHGiant.ai reserves the right at any time and from time to time to modify, suspend, limit the use of, discontinue or permanently cancel all or any portion of our services. PUSHGiant.ai uses reasonable efforts to ensure that its services are always available. However, there will be occasions when the services will be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and
equipment that are beyond our control. Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide on the form submission request. If you are not the account holder, you represent and acknowledge that you have the express permission of the account holder to engage in the Subscription. If you change your mobile telephone number, you are responsible for notifying us immediately by emailing us at [email protected].

You agree to indemnify the Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Privacy Our collection of information from you, such as your mobile phone number, is subject to our Privacy Policy, which is available at PUSHGiant.ai /privacy.

21. Age Requirements and Service Limitations. Consumers who opt-in for these notifications must be at least 18 years of age. By subscribing to receive our notifications, you are representing that you are at least 18 years old. We reserve the right to terminate any account upon a discovery that the consumer does not meet these minimum age requirements.

22. Changes to Terms and Conditions. The Company may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to the Company’s website. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive PUSHGiant text messages will indicate your acceptance of those changes.

23. Termination of Text Messaging. The Company may suspend or terminate your receipt of its text messages if it believes you are in breach of these SMS Terms and Conditions. Your receipt of our text messages is also subject to termination if your mobile telephone service terminates or lapses. Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of Company text messages, with or without notice.

24. Disclaimer of Warranties. TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES, APPLICATIONS OR CONTENT THAT YOU RECEIVE FROM US, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THE SERVICES OFFERED TO THE PUBLIC BY Pushgiant.ai COULD INCLUDE INACCURACIES, OTHER ERRORS OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. FURTHERMORE, WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS OR ACTS OF GOD. WE DO NOT PROMISE ERROR-FREE SERVICE. WE WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY SMS MESSAGES AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR NETWORK CARRIER.

25. Limitation of Liability. PUSHGiant.ai is not responsible and will not be liable for any other damages of any nature, including any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
Applicable Law.

Your use of the Services under these Terms and Conditions is governed by the laws of the State of Delaware.

26. Submissions. Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent by you shall be and remain the exclusive property of PUSHGiant.ai . With the exception of personally identifiable information required to confirm your identity as the rightful requestor of changes to your insurance policy request form, subscriptions or other customer service related requests, your submission of any such Comments shall constitute an assignment to PUSHGiant.ai of all worldwide right, title, and interest in all copyrights and other intellectual property rights in the Comments. PUSHGiant.ai will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. PUSHGiant.ai expressly disclaims any interest in any Comments that you are not authorized to submit.

Of course, any information you submit which personally Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.

27. Contact Us. If you have questions regarding these SMS Terms and Conditions, reach out to us via email at [email protected].