Terms and Conditions
Special thanks for maximizing Bulkpush.com’s products and services.
Based on the type of services you use, the range of extra terms and policies (counting rules, course of action and other likewise named documents) offered with those Services are eligible to apply for “Additional Terms”. Those Additional Terms become a cardinal module of the agreement with us in case you use the Services practically. Incidentally, if you do so, please take note of the fact that the Survey Terms of Service apply. We regard the amalgamation of this TOU and any pertinent Additional Terms altogether as these “Terms”.
You sign your indenture related to these Terms by hitting a button thus giving a cue to your endorsement of these Terms, by exercising a document that makes reference to them, or by using the Services.
On the other hand, if you are going to exercise the services at the end of organization, you indirectly give your consent to use the Terms and you also state that you have the special authority to do so. In such case, “you” and “your” will refer to that organization.
Particular country-specific terms in Section 14.3 may be applicable you if you live outside the United States.
1. Fees and Payments
1.1. Fees for Services. You give consent to make disbursement to Bulkpush.com any fees for every type of service you buy or utilize (covering any exposure fees), based on the pricing and disbursement terms to be had to you for that service. Wherever it fits the needs, you will be charged via the specific billing system you choose via your account management page. Fees once disbursed by you are not refundable, with the exclusion it is provided in these Terms or when entailed by law.
1.2. Subscriptions. Certain number of our Services are billed on a subscription foundation (we call these “Subscriptions”). This directs to the fact that you will be billed beforehand on a persistent and sporadic basis (each such period is termed a “billing cycle”). Billing cycles in general are either monthly or annually, based on the type of subscription plan you choose when buying a Subscription. Your Subscription will mechanically be renewed towards the end of each billing cycle unless you revoke auto-renewal via your internet account management page, or by getting in touch with our customer support personnel. While we will be down in the dumps to see you go, you have the leeway to rescind auto-renewal on your Subscription at a time that suits you best, although your Subscription will keep on until the end of that billing cycle before coming to an end. You may rescind auto-renewal on your Subscription right away following the Subscription comes into flow if you are reluctant to renew it.
1.3. Taxes. Unless or if so stated, you owe the responsibility for any taxes (different from Bulkpush.com’s income tax) or responsibilities about the sale of the Services, covering any pertinent penalty kicks or interest (jointly termed “Taxes”). You are subject to disburse Bulkpush.com for the Services without any reduction for Taxes. If Bulkpush.com is indebted to garner or disburse Taxes, the Taxes will be invoiced to you, unless you endow Bulkpush.com with a valid tax exemption certificate granted by the germane taxing authority or other documentation giving testimony to that no tax should be levied. Bulkpush.com will not levy any VAT charges from you if you endow us with a VAT number granted by a taxing authority in the European Union, are buying the Services from Bulkpush.com Europe for business concerns, and are sited in a diverse European Union member state from Bulkpush.com Europe. If you are entailed by law to hold back any Taxes from your disbursement to Bulkpush.com, you must endow Bulkpush.com with an official tax certificate of acknowledgement or other relevant documentation to endorse such payments.
1.4. Price Changes. Bulkpush.com exercises the right to make changes in the fees structure charged for the Services at any time, on condition that, for Services to be paid on a subscription basis, the change will come into effect solely towards the end of the then-current billing cycle of your Subscription. Bulkpush.com will endow you with down-to-earth preceding in print notice of any alteration in fees thus giving you the leeway to rescind your Subscription prior to the amendments come in.
1.5. Overage Fees. Unless or if stated expressly, any overage fees incurred by you will be billed in debts on a monthly basis. Overage fees which stay on without payment for 30 days followed by being billed are deemed behind time. Being a defaulter to disburse overage fees when due may give result to the germane Service being marginal, suspended, or ended (subject to appropriate legal needs), which may result in a failure of your data related to that Service.
2. Privacy of your Data
2.2. Classifiedness. Bulkpush.com will treat your Content as secret data and just utilize and uncover it as a part of understanding with these Terms (counting our protection approaches). In any case, your Content is not viewed as private data if such Content: (an) is or gets to be open (other than through rupture of these Terms by Bulkpush.com); (b) was legitimately known to Bulkpush.com before accepting it from you; (c) is gotten by Bulkpush.com from an outsider without learning of break of any commitment owed to you; or (d) was autonomously grown by Bulkpush.com without reference to your Content.
3. Privacy &Your Content
3.1. You Retain Ownership of Your Content. You hold responsibility for of your protected innovation rights in your Content. Bulkpush.com does not guarantee responsibility for of your Content. These Terms don't concede us any licenses or rights to your Content with the exception of the restricted rights required for us to give the Services, and as generally depicted in these Terms.
3.2. Restricted License to Your Content. You give Bulkpush.com an around the world, sovereignty free permit to utilize, duplicate, appropriate, alter, adjust, make subsidiary works, make freely accessible, and overall endeavor your Content, yet just for the constrained purposes of giving the Services to you and as generally allowed by Bulkpush.com's protection arrangements. This permit for such restricted purposes proceeds with even after you quit utilizing our Services, however you may can erase your Content in connection to specific Services such that Bulkpush.com no more has entry to it. This permit likewise stretches out to any trusted outsiders we work with to the degree important to give the Services to you. In the event that you furnish Bulkpush.com with criticism about the Services, we may utilize your input with no commitment to you.
3.3. Copyright Claims (DMCA Notices). Bulkpush.com Inc. reacts to perceives of asserted copyright encroachment as per the U.S. Computerized Millennium Copyright Act (DMCA). On the off chance that you accept that your work has been misused in a manner that constitutes copyright encroachment, you may tell Bulkpush.com's operators for cases of copyright encroachment.
3.4. Other IP Claims. Bulkpush.com regards the protected innovation privileges of others, and we anticipate that our clients will do likewise. On the off chance that you accept a Bulkpush.com client is encroaching upon your licensed innovation rights, you may report it through our online structure. Cases of copyright encroachment ought to take after the DMCA procedure plot in these Terms, or any identical methodology accessible under nearby law.
4. Bulkpush.com IP
4.1. Bulkpush.com IP. Not these Terms or your utilization of the Services gifts you possession in the Services or the substance you access through the Services (other than your Content). But as allowed by Bulkpush.com's Brand and Trademark Use Policy, these Terms don't allow you any privilege to utilize Bulkpush.com's trademarks or other brand components.
5. Client Content
5.1. Client Content. The Services presentation substance gave by others that is not claimed by Bulkpush.com. Such substance is the sole obligation of the element that makes it accessible. Correspondingly, you are in charge you could call your own Content and you must guarantee that you have all the rights and authorizations expected to utilize that Content as a part of association with the Services. Bulkpush.com is not in charge of any moves you make concerning your Content, including imparting it openly. Kindly don't utilize content from the Services unless you have initially gotten the consent of its holder, or are overall approved by law to do as such.
5.2. Substance Review. You recognize that, keeping in mind the end goal to guarantee consistence with lawful commitments, Bulkpush.com may be obliged to audit certain substance submitted to the Services to figure out if it is unlawful or whether it disregards these Terms, (for example, when unlawful substance is accounted for to us). We might likewise change, counteract access to, erase, or decline to show content that we accept disregards the law or these Terms. On the other hand, Bulkpush.com overall has no commitment to screen or audit any substance submitted to the Services.
5.3. Outsider Resources. Bulkpush.com may distribute interfaces in its Services to web sites kept up by outsiders. Bulkpush.com does not speak to that it hosts audited such third gathering sites and is not in charge of them or any substance showing up on them. Trademarks showed in conjunction with the Services are the property of their particular managers.
6. Account Management
6.1. Keep Your Password Secure. On the off chance that you have been issued a record by Bulkpush.com regarding your utilization of the Services, you are in charge of protecting your watchword and whatever other qualifications used to get to that record. You, and not Bulkpush.com, are in charge of any movement happening in your record (other than action that Bulkpush.com is specifically in charge of which is not performed as per the Customer's guidelines), whether you approved that movement. In the event that you get to be mindful of any unapproved access to your record, you ought to inform Bulkpush.com promptly. Records may not be imparted and might just be utilized by one individual every record.
6.2. Keep Your Details Accurate. Bulkpush.com infrequently sends notices to the email location enrolled with your record. You must keep your email address and, where relevant, your contact subtle elements and installment points of interest connected with your record present and precise. Records are controlled by the element whose email location is enrolled with the record.
6.3. Keep in mind to Backup. You are in charge of looking after, securing, and making reinforcements of your Content. To the degree allowed by material law, Bulkpush.com won't be at risk for any inability to store, or for misfortune or defilement of, your Content.
6.4. Account Inactivity. Bulkpush.com may end your record and erase any substance contained in it if there is no record action, (for example, a log in occasion or installment) for more than 12 months. On the other hand, we will endeavor to caution you via email before ending your record to furnish you with a chance to log into your record so it stays dynamic.
7. Client Requirements
7.1. Lawful Status. On the off chance that you are an individual, you might just utilize the Service in the event that you have the ability to structure an agreement with Bulkpush.com. None of the Services are planned for utilization by people under 13 years of age. On the off chance that you are under 13 years of age or don't have the ability to structure an agreement with Bulkpush.com, you may not utilize the Services. We suggest that folks and gatekeepers straightforwardly administer any utilization of the Services by minors. In the event that you are not an individual, you warrant that you are legitimately shaped and existing under the laws of your purview of development and that you have rightfully approved your operators to tie you to these Terms.
7.2. Embargoes. You might just utilize the Services in the event that you are not banned under any relevant laws from doing as such. In the event that you are placed in a nation banned by United States or other appropriate law from accepting the Services, or are on the U.S. Division of Commerce's Denied Persons List or Entity List, or the U.S. Treasury Department's rundown of Specially Designated Nationals, you are not allowed to buy any paid Services from Bulkpush.com.
8. Satisfactory Uses
8.1. Lawful Compliance. You must utilize the Services as a part of agreeability with, and just as allowed by, relevant law.
8.2. Your Responsibilities. You are in charge of your behavior, Content, and interchanges with others while utilizing the Services. You must consent to the accompanying prerequisites when utilizing the Services:
(a) You may not abuse our Services by meddling with their ordinary operation, or endeavoring to get to them utilizing a technique other than through the interfaces and guidelines that we give.
(b) You may not dodge or endeavor to go around any impediments that Bulkpush.com forces on your record, (for example, by opening up another record to direct a review that we have shut for a Terms infringement).
(c) Unless approved by Bulkpush.com in composing, you may not test, output, or test the helplessness of any Bulkpush.com framework or system.
(d) Unless allowed by appropriate law, you may not deny others access to, or figure out, the Services, or endeavor to do as such.
(e) You may not transmit any infections, malware, or different sorts of pernicious programming, or connections to such programming, through the Services.
(f) You may not take part in damaging or intemperate use of the Services, which is use fundamentally in abundance of normal use designs that antagonistically influences the rate, responsiveness, solidness, accessibility, or usefulness of the Services for different clients. Bulkpush.com will try to advise you of any oppressive or unreasonable utilization to give you a chance to diminish such use to a level satisfactory to Bulkpush.com.
(g) You may not utilize the Services to encroach the licensed innovation privileges of others, or to confer an unlawful movement.
(h) Unless approved by Bulkpush.com in composing, you may not exchange or lease the Services.
(i) If your utilization of the Services obliges you to follow industry-particular regulations relevant to such utilize, you will be singularly in charge of such agreeability, unless Bulkpush.com has concurred with you generally. You may not utilize the Services as a part of a way that would subject Bulkpush.com to those industry-particular regulations without getting Bulkpush.com's former composed assentation. For instance, you may not utilize the Services to gather, ensure, or generally handle "secured wellbeing data" (as characterized in 45 C.F.R. §160.103 under United States government regulations) without going into a different business partner concurrence with Bulkpush.com that allows you to do as such.
9. Suspension and Termination of Services
9.1. By You. On the off chance that you end a Subscription amidst a charging cycle, you won't get a discount for any time of time you didn't use in that charging cycle unless you are ending the Agreement for our break and have so told us in composing, or unless a discount is needed by law.
9.2. By Bulkpush.com. Bulkpush.com may utmost, suspend, or quit giving the Services to you on the off chance that you neglect to consent to these Terms, (for example, an inability to pay expenses when due), or on the off chance that you utilize the Services as a part of a way that causes legitimate risk to us or disturbs others' utilization of the Services. Bulkpush.com might likewise suspend giving the Services to you on the off chance that we are exploring suspected unfortunate behavior by you. On the off chance that we suspend or end the Services you get, we will attempt to provide for you progress ahead of time notice and a chance to fare a duplicate of your Content from that Service. On the other hand, there may be time touchy circumstances where Bulkpush.com may conclude that we have to make prompt move without notice. Bulkpush.com has no commitment to hold your Content upon end of the appropriate Service.
9.3. Further Measures. In the event that Bulkpush.com quits giving the Services to you in light of the fact that you over and again or shockingly rupture these Terms, Bulkpush.com may take measures to keep the further utilization of the Services by you, including obstructing your IP address.
10. Changes and Updates
10.1. Changes to Terms. Bulkpush.com may change these Terms whenever for a mixed bag of reasons, for example, to reflect changes in pertinent law or upgrades to Services, and to record for new Services or usefulness. Any progressions will be presented on the area at which those terms show up. Bulkpush.com might likewise give notice of changes on its blog or by means of email. Changes will be compelling no sooner than the day they are openly posted. In place for specific changes to end up compelling, material law may oblige Bulkpush.com to get your agree to such changes, or to furnish you with sufficient progress ahead of time notice of them. In the event that you would prefer not to consent to any progressions made to the terms for a Service, you ought to quit utilizing that Service, on the grounds that by keeping on utilizing the Services you demonstrate your consent to be bound by the overhauled terms.
10.2. Changes to Services. Bulkpush.com continually changes and enhances the Services. Bulkpush.com may include, adjust, or expel usefulness from a Service whenever without earlier take note. Bulkpush.com might likewise cutoff, suspend, or stop a Service at its attentiveness. In the event that Bulkpush.com suspends a Service, we will provide for you sensible progress ahead of time notice to furnish you with a chance to fare a duplicate of your Content from that Service. Bulkpush.com may expel content from the Services whenever in our sole tact, in spite of the fact that we will try to tell you before we do that in the event that it really affects you and if practicable the situation being what it is.
11. Disclaimers and Limitations of Liability
11.1. Disclaimers. While it is to Bulkpush.com's greatest advantage to give you an extraordinary experience when utilizing the Services (and we want to satisfy our clients), there are sure things we don't guarantee about them. We attempt to keep our online Services up, yet they may be distracted now and again for different reasons. But AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS May be" AND BULKPUSH.COM DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
11.2. Rejection of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BULKPUSH.COM, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF BULKPUSH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11.3. Impediment of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF BULKPUSH.COM, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO BULKPUSH.COM FOR USE OF THE SERVICES AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$25.00.
11.4. Buyers. We recognize that the laws of specific wards give lawful rights to shoppers that may not be overridden by contract or waived by those buyers. In the event that you are such a buyer, nothing in these Terms constrains any of those shopper rights.
11.5. Organizations. In the event that you are a business, you will repay and hold safe Bulkpush.com and its partners, officers, specialists, and workers from all liabilities, harms, and expenses (counting settlement expenses and sensible lawyers' charges) emerging out of an outsider case with respect to or regarding your utilization of the Services or a break of these Terms, to the degree that such liabilities, harms and expenses were brought on by you.
12. Contracting Entity
12.1. Who you are contracting with. Unless overall defined in connection to a specific Service, the Services are given by, and you are contracting with, Bulkpush.com Inc.
12.2. Bulkpush.com Inc. For any Service gave by Bulkpush.com Inc., the accompanying procurements will apply to any terms representing that Service:
Contracting Entity. References to "Bulkpush.com", "we", "us", and "our" are references to Bulkpush.com Inc., placed at 101 Lytton Avenue, Palo Alto, CA 94301, United States of America.
Representing Law. Those terms are represented by the laws of the State of California (without respect to its contention of laws procurements).
Purview. But in the event that precluded by material law, each one gathering submits to the restrictive ward of the state courts found in Santa Clara County, California, and the government courts spotted in the Northern District of California regarding the topic of those terms.
13. Different Terms:
You may not dole out these Terms without Bulkpush.com's former composed assent, which may be withheld in Bulkpush.com's sole carefulness. Bulkpush.com may relegate these Terms whenever without notice to you. Whole Agreement. These Terms (counting the Additional Terms) constitute the whole assention in the middle of you and Bulkpush.com, and they supersede some other former or contemporaneous understandings, terms and conditions, composed or oral concerning its topic. Any terms and conditions showing up on a buy request or comparable archive issued by you don't matter to the Services, don't override or structure a piece of these Terms, and are void.
Self-employed entities. The relationship in the middle of you and Bulkpush.com is that of self-employed entities, and not lawful accomplices, representatives, or specialists of one another.
Understanding. The utilization of the expressions "incorporates", "counting, "for example, and comparable terms, will be esteemed not to breaking point what else may be incorporated.
No Waiver. A party's disappointment or deferral to authorize a procurement under these Terms is not a waiver of its entitlement to do as such later.
Priority. To the degree any contention exists, the Additional Terms beat this TOU concerning the Services to which the Additional Terms apply.
Severability. On the off chance that any procurement of these Terms is resolved to be unenforceable by a court of equipped ward, that procurement will be disjoined and the rest of terms will stay in full impact.
Outsider Beneficiaries. There are no outsider recipients to these Terms.
14. Terms for Certain Customers and Countries
14.1. Dialect. These Terms are arranged and written in English. To the degree that any deciphered adaptation clashes with the English rendition, the English variant controls, aside from where disallowed by pertinent law.
14.2. Client Specific Terms. The accompanying alterations naturally apply to you upon acknowledgement of these Terms on the off chance that you are one of the sorts of elements recognized underneath:
In the event that you are a United States Federal Government Agency, this Amendment applies to this Agreement.
In the event that you are an alternate sort of government substance in the United States, this Amendment applies to this Agreement.