Website Terms and Conditions

IMPORTANT NOTICE: THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AS DETAILED IN THE BINDING INDIVIDUAL ARBITRATION SECTION BELOW.

Effective Date: These Terms of Use were last updated on December 8, 2023

These Terms of Use set forth the standards of use for the Home – Pushing the Envelope (getpushing.com) website (the “Website”). They are intended to apply broadly and govern any and all access and use of the Website, the information or content contained on the Website.

By using the Website, you agree to these Terms of Use. If you do not agree, you may not use the Website.

THESE TERMS OF USE SET FORTH LEGALLY BINDING TERMS AND GOVERN YOUR ACCESS TO AND ALL USE OF THE WEBSITE AND THE INFORMATION OR CONTENT CONTAINED ON THE WEBSITE. BY ACCESSING OR USING THE WEBSITE AND/OR ANY SERVICE, YOU ARE ACCEPTING THESE TERMS OF USE AND YOU REPRESENT AND WARRANT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, (2) YOU ARE AT LEAST THIRTEEN (13) YEARS OLD, AND (3) YOU HAVE THE RIGHT AND AUTHORITY TO ASSENT TO THESE TERMS OF USE. YOU MAY NOT ACCESS OR USE THE WEBSITE AND/OR THE INFORMATION OR CONTENT CONTAINED ON THE WEBSITE IF YOU ARE NOT AT LEAST THIRTEEN (13) YEARS OLD. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE AND/OR THE INFORMATION OR CONTENT CONTAINED ON THE WEBSITE, AND/OR ANY SERVICE.

Certain features of the Website may be subject to additional terms that will be provided on the Website in connection with such features. Any and all such additional terms are incorporated by reference herein. In the event of a conflict between the additional terms and any provision herein, the additional terms will prevail, but only with respect to the Website to which the additional terms apply. Your continued use of the Website and/or the content or information contained on the Website is an acknowledgement and acceptance that neither Pushing the Envelope, Inc. (“PTE”), nor any of its past, present, or future affiliates or subsidiaries or their respective officers, directors, members, partners, owners, agents, management, controlling parties, entities under common control, vendors, service providers, attorneys, employees, or representatives (all of whom are third-party beneficiaries of these Terms of Use and are collectively referred to as the “PTEAffiliates”, and together with PTE, the “PTE Parties”) are responsible for any acts or omissions related in any way to your use of the Website or any service.

PTE reserves the right, at any time, to modify, alter, or update these Terms of Use without prior notice. Modifications shall become effective immediately upon being posted on the Website. Your continued use of the Website and/or any service after amendments are posted constitutes an acknowledgement and acceptance of these Terms of Use and its modifications. You are encouraged to visit these Terms of Use frequently for updates.

The information contained on this Website is protected by applicable copyright and trademark law. The Website is the sole property of PTE, a marketing communications firm in Fort Myers, Florida.

USE LICENSE

Permission is granted to temporarily download one copy of the information (information or software) on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

1. modify or copy the information;
2. use the information for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on the Website;
4. remove any copyright or other proprietary notations from the information; or
5. transfer the information to another person or “mirror” the information on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by PTE at any time. Upon terminating your viewing of this information or upon the termination of this license, you must destroy any downloaded information in your possession whether in electronic or printed format.

DISCLAIMER OF WARRANTIES

The content and products/services on PTE’s Website are provided on a “As Is”, “As Available”, and “With All Faults” basis. To the fullest extent permissible by law, the PTE Parties disclaim any representations or warranties or endorsements of any kind, expressed or implied. Further, the PTE Parties hereby disclaim and negate all other warranties, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property, title, custom, trade, quiet enjoyment, system integration, freedom from computer virus or other violation of rights. In addition, the PTE Parties do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the services on its Internet website or otherwise relating to such information or on any websites linked to this Website.

THE PTE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

LIMITATION OF LIABILITY AND WAIVER

UNDER NO CIRCUMSTANCES WILL THE PTE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE WEBSITE CONTENT; (B) USER CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PTE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S OPERATION; OR (G) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF ANY OF THE PTE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION). IN NO EVENT WILL ANY OF THE PTE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY OF THE PTE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IF YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF ANY OF THE PTE PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE,  PROPERTY,  PRODUCT  OR  OTHER  CONTENT  OWNED  OR CONTROLLED BY THE PTE PARTIES , AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE PTE PARTIES .

BY ACCESSING THIS WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE SUCH RIGHTS.

THE PTE PARTIES ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE PTE PARTIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

INDEMNIFICATION

You (and also any third party for whom you operate an account or activity) agree to defend (at PTE’s request), indemnify, and hold the PTE Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Website or those conducted on your behalf): (i) your access to or use of the Website; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by PTE in the defense of any claim. PTE reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of PTE.

BINDING INDIVIDUAL ARBITRATION

PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Purpose. This Binding Individual Arbitration Section governs all Disputes between you and any PTE Party with respect to your use of the Website and/or the content contained on the Website (the “Agreement”). The term “Disputes” is to be given the broadest possible meaning that will be enforced and means any dispute, claim, or controversy of any kind between you and any PTE Party arising out of or in any way relate to (1) your access to the Website; (2) your use of the Website; (3) the provision of content on or through the Website; and/or (4) these Terms of Use, including the validity, enforceability or scope of this Binding Individual Arbitration Section (with the exception of the Class Action Waiver clause below), whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. The term “Disputes” includes claims that arose or accrued before you assented to these Terms of Use. If you have a Dispute with any PTE Party that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, you and the applicable PTE Party with which you have a Dispute agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

Right to Opt-Out of Binding Arbitration and Class Action Waiver Within 30 Days. You have the right to opt-out and not be bound by this arbitration provision by sending written notice of your decision to opt-out to PTE at Contact Us – Pushing the Envelope (getpushing.com).

The written notice must be submitted within thirty (30) days of the later of the date noted in the “Last Update to “Section” or your initial access of the Website. Your written notification must include: (1) your name, (2) your physical postal address, and (3) a clear statement that you do not wish to resolve disputes with any PTE Party through arbitration. Otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section. If you opt-out of this arbitration provision, no PTE Party will be bound by it. If you do not affirmatively elect to opt out as described above, your use of the Website and/or any service will be deemed to be your irrevocable acceptance of this Agreement and any changes/updates to this Section.

Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY PTE PARTY, YOU MUST FIRST SEND WRITTEN NOTICE OF THE NATURE OF THE DISPUTE TO PTE AT Contact Us – Pushing the Envelope (getpushing.com).

TO GIVE THE APPLICABLE PTE PARTY WITH WHICH YOU HAVE A DISPUTE THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION, you agree to negotiate resolution of the Dispute in good faith for no less than sixty (60) days after you provide notice of the Dispute. If the applicable PTE Party with which you have a Dispute does not resolve your Dispute within sixty (60) days from receipt of written notice of the Dispute, you and the applicable PTE Party with which you have a Dispute may pursue the claim in arbitration pursuant to the terms in this Section.

Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY — IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS. Any disputes, claims or controversies, whether in arbitration or court, will be conducted only on an individual basis and not on behalf of, or as part of, any purported class, consolidated, representative or private attorney general proceeding. You further agree that you shall not participate in any class, consolidated, representative or private attorney general proceeding (existing or future) brought by any third party involving a Dispute. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated. The terms of this provision will be binding on you, your heirs, successors, and assigns.

All parties shall bear their costs of any arbitration filing fees and arbitration fees for all claims. Parties are responsible for all other additional costs that they may incur in connection with the arbitration including, but not limited to, attorney’s fees and expert witness costs unless a PTE Party is otherwise specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on the PTE Party and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow this Agreement and can award the same damages and relief as a court, including injunctive or other equitable relief, attorney’s fees, and expert witness costs. You understand that, absent this mandatory arbitration provision, the PTE Parties and you would have the right to sue in court and have a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If your claim is solely for monetary relief of $10,000.00 or less, and does not include a request for any type of equitable remedy, the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.

Confidentiality of Arbitration Proceedings. Arbitration proceedings conducted pursuant to this Section shall be strictly confidential. The fact that an arbitration exists or is proceeding, the nature of the Dispute, all documents exchanged in connection with the arbitration, all testimony (including transcripts of testimony, if any) that is given in the arbitration proceeding, and any arbitration award shall remain confidential. The only exceptions to this confidentiality provision are disclosures reasonably necessary to confirm or vacate an arbitration award, a judicial challenge to an arbitration award or its enforcement, or disclosure that is required by operation of law or court order; provided, however, that this paragraph shall not prevent the disclosure of such information: (1) as may be required to your legal and financial advisors and independent accountants; (2) as may be required to a PTE Party’s (a) legal, financial and other professional advisors, regulators, rating agencies, independent accountants, analysts, agents, and/or directors, (b) members, managers, and/or affiliates and their respective officers, directors and legal, financial and other professional advisors, and/or (c) existing or potential insurers or reinsurers, existing or potential investors, existing or potential lenders, or existing or potential purchasers; and/or (3) as otherwise required to comply with any applicable law or regulation.

Location of Arbitration. You agree to initiate arbitration in Lee County, Florida.

Severability. If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that specific clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court and you and PTE each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.

Continuation. This Section shall survive any termination of this Agreement or the provision of any service to you.

IMAGES, LOGOS, TRADEMARKS, & COPYRIGHTS

The images, logos, copy and trademarks contained in this Website, including but not limited to, the text, images, audio or video, may not be used in any manner, or for any purpose, without PTE’s express written permission, and are believed to be in the public domain or used with permission of the respective trademark or copyright holder. The information and images on this site may not in any way be used in any manner, or for any purpose, without the express written permission, of PTE or the official holder of the copyright or trademark. PTE is not responsible for the specific content and/or images contained on this site. Please contact PTE if you have questions or concerns about the site content at Contact Us – Pushing the Envelope (getpushing.com).

MODIFICATIONS, INTERRUPTION TO SERVICE, AND ERRATA

PTE reserves the right to modify or discontinue the Website and/or any service at any time, with or without notice to you. PTE and the PTE Affiliates shall not be liable to you, or any third party should PTE exercise its right to modify or discontinue the Website and/or any service. You acknowledge and accept that PTE does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of PTE’s control. Additionally, the information appearing on PTE’s Website could include technical, typographical, or photographic errors. PTE does not warrant that any of the information on its Website is accurate, complete, or current. PTE may make changes to the information contained on its Website at any time without notice. PTE does not, however, make any commitment to update the information.

THIRD PARTY WEBSITES AND INFORMATION

The Website may include links to other mobile applications and websites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that PTE is not responsible for the accuracy or availability of, or the content located on or through, any third-party mobile application or site. Links to such mobile applications and websites do not imply any endorsement, ownership, control, authorization, or sponsorship by PTE of such mobile applications or websites, or the content, products, or services available from such mobile applications or websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such mobile application or site. By using the Website and/or the application(s), you expressly release the PTE Parties from any and all liability arising from your use of any third-party mobile application or site. You should contact the provider, administrator or webmaster for those third-party mobile applications and websites if you have any concerns regarding such links or the content located on such mobile applications and/or websites. Your use of those third-party mobile applications and websites is subject to the terms of use and privacy policies of each mobile application and website, and we are not responsible therein. We encourage you to review said privacy policies of any third-parties’ mobile applications and websites.

COMPLIANCE WITH LAWS

You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Website or any service in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.

GOVERNING LAW

Any Dispute relating to the Website (including for the sake of clarity these Terms) shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. ANY DISPUTE NOT SUBJECT TO ARBITRATION WILL BE LITIGATED EXCLUSIVELY BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION IN EITHER THE CIRCUIT COURT OF THE STATE OF FLORIDA IN AND FOR THE COUNTY OF LEE OR IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF FLORIDA. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. PTE’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition. PTE reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with PTE.

OTHER TERMS

Except as otherwise stated herein, these Terms of Use constitute the entire and exclusive understanding and agreement between you and PTE regarding the Website and supersedes and replaces any and all prior oral and written understandings or agreements between you and PTE regarding the Website. You agree that these Terms of Use and any other agreements referenced herein may be assigned by PTE in its sole discretion, to a third party in the event of a merger or acquisition. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between PTE and you in relation to your participation as a user of the Website. You agree you may not use the Website without accepting these Terms of Use and that by accepting these Terms of Use, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy.