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The Ultimate Push-Up Workout
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Privacy Policy & Terms of Service

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PRIVACY POLICY

 

By using the PushApp website, mobile application (the “App”), and services (collectively, the “Services”), you consent to the following privacy policy. 

Your right to privacy and control over your personal information is very important to us at Simplified Appworks. To ensure that you understand how we collect and use personal data as part of the Services, please note the information below.

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

 

1. Responsible body

 

Responsible body for the collection, processing, and use of your personal information through the Services is

Simplified Appworks LLC

3359 Cesar Chavez, San Francisco, CA 94110

Tel. 918-373-9364

Email: privacy@sfappworks.com

For any questions about privacy in connection with the Services, you can always contact our data protection officer using the contact information above.

 

2. General collection, processing and use of personal data in the context of the use of the App

 

When you use the Services, we may collect device and browser and device metadata such as IP addresses, operating system type and version, date and time of access, the URLs of the pages you visited, any referrer URL, the name of your access provider, and analytics information used by Google Firebase, Google Analytics, Facebook, and possibly others. 

To the extent we collect this data, we may use it for the following purposes:

  • To ensure a smooth connection to the Services;

  • To ensure a great user experience of the Services;

  • To evaluate system security and stability; and

  • For general administrative purposes.

To use the Services, you may be asked to register by providing registration information.  In addition, you may be required to register through the App.  If you register for any reason, the following information may be collected:

 

  • First and last name;

  • Company;

  • Email;

  • Telephone;

  • Or other registration-related information.

The registration data is processed for the following purposes:

  • To verify your identity and location, and to help us connect you to your historical data and account.  By registering and using the Services, you consent to receive follow-up questions and other communication, either from us or from relevant third parties. 

The legal basis for the data processing described in this section is your consent, and also the fulfillment of our obligations and provision of Services. 

 

3. Create an account

 

If you create an account with Simplified Appworks for any reason, we may use your name, your email address as your login name.  Alternatively, we may use an anonymized Apple login system for your login activity. The creation of an account is required because the Services may not be able to work without historical data.  The legal basis of the processing is your consent.

 

4. Use of the Services

 

In accessing and using the Services, files and other content might be uploaded or created, and other usage data can be created, collected, and processed.  

We may share your information, including any files or content you provide or create in the App, provided that those files or content, by their nature, support sharing.  

All the information you upload to the Services are stored on an appropriate server infrastructure for processing.  Data is typically stored on your mobile device and synced with Google Firebase.  Data is stored on servers located in the United States until deleted.  For any files we keep, we keep them for the sole purpose of giving you and your designated third parties access to the files and data for as long as you need them. During that time, we may view that data to, for example, troubleshoot problems, or to gather anonymized user data.  We also keep a total anonymized counter of all pushups done, and we display that number on the website at www.getpushapp.com.

The legal basis of the processing is your consent.

 

5. Use of our own Internet cookies

 

We use cookies on the website.  These are small files that your browser automatically creates and displays on your device (laptop, tablet, smartphone, etc.) when you access the Services. Cookies do not harm your device, do not contain viruses, Trojans, or other malicious software. Cookie information is stored, and may result in a connection with a specific terminal or browser being used. This does not, however, mean that we are immediately aware of your identity. The use of cookies serves to increase the usability of the Services. For example, we use session cookies to recognize that you have already visited individual pages, or that you have completed certain tasks or reached certain goals. These are automatically deleted after leaving the Services. In addition, to improve usability, we also use temporary cookies that are stored on your device for a specified period of time, typically 30 days. If you access the Services again, it will automatically recognize that you have already been with us and what inputs and settings you have made, so you do not have to re-enter them.  We also use cookies to statistically record the use of websites, and to evaluate that use for the purpose of optimizing the App. These cookies allow us to automatically recognize that you have already been with us when you once again access the Services. These cookies are automatically deleted after a defined time.  Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or always provide a hint appearing before a new cookie is created. However, disabling cookies completely may mean that you cannot use all features of the Services.

By using our cookies, we want to optimize your experience while using the Services. These Services are based on our aforementioned legitimate interests, which at the same time represents the legal basis for the data processing described here.

The App does not use cookies.  Rather, it stores the session data in an encrypted keychain.

 

6. Use of analytics and additional services

 

We may use web analytics and other services for the continuous optimization of the Services. The tracking provides a statistically accurate record of the use of the Services and to evaluate it for the purpose of optimizing our offerings.  From time to time, we employ a variety of data processing and collection services and tools to help us provide you with the best services available. For example, we may use Google Firebase.  Note that the list may change from time to time and is provided solely as examples of how we collect data. The legal basis for the data processing described in this section is our authorized interest in the needs-based design and continuous optimization of the Services. 

The web analytics and third-party services referred to herein is transmitted to a server in the United States and stored there. The information is used to evaluate the use of the Services, to compile reports on user activity and to provide other services for the purposes of market research and tailor-made design of Services. This information may also be transferred to third parties if required by law or if third parties process this data in the order. In the event that personal data is transferred to the USA from the EU, Google is subjected to the EU-US Privacy Shield.  Under no circumstances will your IP address be merged with any other data provided by Google. The IP addresses are anonymized, so that an assignment is not possible.

You can prevent the installation of cookies by setting your software accordingly; however, if you limit or prevent the installation of cookies, some features of the Services may not be fully exploited, or exploited at all. You can prevent the collection by analytics data by opting out of the collection of such data. In that case, an opt-out cookie will be set which will prevent the future collection of your data when you access the Services. If you delete your cookies, you must reset the opt-out cookie again. 

Finally, you may be asked to opt into a sharing of your location. Note that if you choose not to share your location the Services may not work with full functionality.

 

7. Social media plug-ins
 

We may use Social Plug-ins in the Services from, for example, Facebook, Instagram, and Twitter. and LinkedIn to increase awareness of the Services, and for promotional purposes. We are not responsible for activity or content found on those (and any other) third-party sites.

 

8. Server location

 

The servers on which user data is collected, stored and used are located in the United States.  By using the App, you consent to the transmission of your data to the United States.

 

9. Registration
 

For all registrations, we use the so-called double opt-in procedure in the European Union only. After registration through the Services, we will send you a notification email asking you to confirm that you wish to receive additional information from Simplified Appworks by clicking on a link in that email. 

If you no longer wish to receive information via email from us, you can unsubscribe at any time without incurring any costs other than the transmission costs according to the basic rates. You will find an unsubscribe link in any of our emails, and if you chose to unsubscribe, we will then delete your email address from our mailing list.  Note that even if you ask us to unsubscribe you, we may still use your email address when you request a password reset.  

 

10. Affected rights for users subject to GDPR

 

In connection with the data processing presented here, you have the right to:

  • Request information about your personal data processed by us. In particular, you can request information on the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed, the planned retention period, the right to rectification, deletion, limitation of processing or opposition, the existence of the right to complain, the source of their data, if not collected from us, and the existence of automated decision-making including profiling and, where appropriate, meaningful information about their details;

  • Demand the correction of incorrect or complete personal data stored with us;

  • Demand the deletion of your personal data stored by us, unless the processing for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest or for the assertion, exercise or defense of Legal claims is required;

  • Demand the restriction of the processing of your personal data. Dispute the accuracy of the data that the processing is unlawful, or whether we continue need the data. You can exercise a defense of your legal claims where you have objected to the data processing in accordance with Art. 21 GDPR;

  • Receive your personal data provided to us in a structured, standard and machine-readable format or to request transmission to another person responsible;

  • Revoke your once given consent to us at any time. As a result, we are not allowed to continue the data processing based on this consent cancellation.

  • Contact the supervisory authority of your usual place of residence or workplace or our Contact branch in Berlin, Germany.

 

11. Withdrawal and Rights

 

You have the right to object to the processing of your personal data provided that there are reasons for this arising from your particular situation or the objection is directed against direct mail. In the latter case, you have a general right of objection, which is implemented by us without specifying any particular situation.

You also have the right to revoke a consent once given to us at any time. As a result, we will not continue the data processing based on this consent for the future. By the revocation of the consent, the legality the processing on the basis of the consent until the revocation is not affected.

If you would like to exercise your right to revocation or objection, please send an email to privacy@sfappworks.com .

 

12. Registration Data in the European Union
 

In accordance with GDPR, we use the so-called Double Opt-in method.  We will only send you e-mail if you confirm by clicking on a link in our notification e-mail that you are the owner of the given e-mail address. If you confirm your e-mail address, we will save your e-mail address and the time of registration until you unsubscribe.   You can unsubscribe from e-mail at any time, except that we may still send you an email if you request a password reset. A corresponding unsubscribe link can be found in every e-mail.  A message to the above or in the specified contact information (e.g. by e-mail or letter) is also sufficient. The legal basis of this processing is your consent in accordance with. Art. 6 para. 1 lit of the GDPR.

In our email, we use commercially available technologies that measure the interactions with the e-mail (e.g. opening the e-mail, clicked links).  We use this data in pseudonymous form for general statistical evaluations as well as for the optimization and further development of our content and customer communication. This is done with the help of small graphics that are embedded in the e-mail (so-called pixels). The data is collected exclusively pseudonymized and also not linked with your other personal information. Legal basis for this is our aforementioned legitimate interest. Through our e-mail, we want to share content relevant to our customers and better understand what readers are actually interested in. If you do not want us to include your information in our analysis of usage behavior, you can unsubscribe from e-mails or deactivate graphics in your e-mail program by default. The data for the interaction with our e-mails may be stored pseudonymously for 30 days and then completely anonymized.

 

13. Storage time

 

As a matter of principle, we store personal data only as long as necessary to fulfill the contractual or legal obligations to which we have collected the data. Thereafter, we delete the data immediately, unless we need the data until the expiration of the statutory limitation period for evidence for civil claims or for statutory storage requirements.

For legal reasons, we retain information for three years from the end of the year in which our relationship with you ends. 

Even after that, we sometimes have to save your data for accounting reasons. We are obliged to do so because of legal documentation obligations which may arise from legal obligations. The deadlines for storing documents are two to ten years.

 

14. Data security

 

If you have created an account, access to this account is only possible after entering your personal password. You should always keep your access information confidential and close the browser window when you stop communicating with us, especially if you share your computer with others. In addition, we use SSL (Secure Socket Layer) technology in connection with the highest encryption level supported by your browser. In general, this is a 256-bit encryption. Firebase services encrypt data in transit using HTTPS, and also encrypted in the database.  Firebase logically isolates customer data. In addition, we take appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or total loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

 

15. CCPA

 

The California Consumer Privacy Act (CCPA) places new obligations on organizations that collect personal information of California consumers. As a result, we’re updating our Privacy Policy to include a description of additional rights granted by CCPA and provide California consumers with required disclosures about the collection of personal information.

 

16. Your California Privacy Rights

 

This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA.”

For more details about the personal information we have collected over the last 12 months, including the categories of sources, please see Section 2 above, titled “General collection, processing and use of personal data in the context of the use of the App,” along with relevant other sections. We collect this information for the business and commercial purposes described above. We share this information with the categories of third parties described above (as such term is defined in the CCPA) the personal information we collect. We do not sell your personal information; and will not sell your personal information without providing you the ability to opt out. Please note that we do use third-party cookies for our advertising purposes as further described above.

Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt out of any “sales” of their personal information that may be occurring, and to not be discriminated against for exercising these rights.

California consumers may make a request pursuant to their rights under the CCPA by contacting us at

Simplified Appworks LLC

3359 Cesar Chavez, San Francisco, CA 94110

Tel. [408-888-5464]

Email: privacy@sfappworks.com

We will verify your request using the information associated with your account, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf.

 

17. Changes, downloading, and printing this Privacy Policy

 

This Privacy Policy is effective as of the date on which it is made available on the site and is effective as of August 2020. As our site evolves and offers become available, or as a result of changes in government or regulatory requirements, it may be necessary to change this privacy policy. The current privacy policy can be retrieved and printed by you at any time on the URL you are currently viewing. You can also download this text in PDF format. To view and print PDF files you need a PDF viewer.

 

TERMS OF USE

 

1. ACCEPTANCE OF TERMS

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

 

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

 

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

 

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

 

2. DESCRIPTION OF SERVICES

 

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

 

3. YOUR CONDUCT

 

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

 

4. USE OF THE SERVICES

 

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

 

5. LICENSE GRANT

 

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

 

6. MEMBER ACCOUNT, PASSWORD, AND SECURITY

 

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

 

7. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

 

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

 

8. NO WARRANTY

 

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

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

 

9. CONTENT

 

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

 

10. LIMITATION OF LIABILITY

 

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

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

 

11. SAFETY WARNINGS.

 

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

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

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

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

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

 

12. LINKS TO THIRD PARTY SITES

 

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

 

13. MONITORING

 

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

 

14. INDEMNIFICATION

 

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

 

15. TERMINATION

 

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

 

16. COPYRIGHT NOTICE

 

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

 

17. PRIVACY POLICY

 

To access the Services, you must explicitly consent to our privacy and data security practices. Our privacy and data security practices can be found by visiting our privacy policy.

 

18. MISCELLANEOUS

 

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