KayaPush Template Terms
Last updated March 28, 2023
Template Terms
These Template Terms (“Terms”), together with the Terms of Use of KayaPush (the “MSA”), govern Client’s access and use of the templates made available on or through https://www.pushoperations.com/ or https://www.kayapush.com (collectively, the “Sites” and each, a “Site”). Capitalized terms used but not otherwise defined in these Terms shall have the meanings ascribed to such terms in the MSA.
By accessing and using any of the Templates, Client accepts and agrees to be bound by these Terms and the MSA.
1. The Templates are provided for informational purposes only. They do not constitute or substitute for legal advice and none of Push Technologies, its affiliates, or their respective directors, officers, employees, contractors, or agents (collectively, “Push Technology Parties”) can be held liable for any mistakes or inaccuracies that any of the Templates may contain.
2. Expert legal advice should be sought prior to using any part of the Templates.
3. All use of the Templates is at Client’s own risk. The Templates are provided on an “as is” and “as available” basis. Push Technologies makes no conditions, warranties or representations about the suitability, reliability, usability, security, quality, availability, or accuracy of the Templates. Push Technologies expressly disclaims all conditions, warranty and representation, express, implied or statutory, including implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non- infringement, whether arising by usage of trade, by course of dealing, by course of performance, at law, in equity, by statute or otherwise howsoever.
4. Notwithstanding any other provision of these Terms or the MSA, and to the maximum extent permitted by applicable law, in no event will any Push Technologies Parties be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other expenses, damages or losses whatsoever, including (whether direct or indirect) damages for loss of profits, goodwill, opportunity, earnings, use or data, arising from or related to these Terms or any Templates, regardless of the cause of action and even if one or more of the Push Technologies Parties have been advised of the possibility of such damages or losses, or if such damages or losses would be reasonably foreseeable.
5. By using the Templates, Client agrees to indemnify Push Technologies Parties from (and disclaim their responsibility for) any actions, proceedings, claims, liabilities, damages and reasonable expenses (including legal expenses) relating to or arising from (i) access to or use, by Client or permitted by Client, of the Templates, or (ii) any of Client’s acts or omissions, including breach or non-performance of these Terms and any violation of any third party rights.
6. To the extent there is any conflict between these Terms and the MSA, the provisions of these Terms shall control.