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Terms & Conditions
Terms & Conditions: PUSH Band
Terms & Conditions: PUSH Band

You're covered, now on to the fine print

J
Written by James Larson
Updated over a week ago
  • Your PUSH Band is not water-proof. Do not submerge the device in any liquid. 

  • Do not wear the PUSH Band and exercise while it is connected to a USB connector.

  • Never attempt to repair or modify your PUSH Band yourself. Disassembling the PUSH Band will void your warranty. 

  • The rechargeable battery should only be replaced by an authorized PUSH Service Provider.

  • The material in the instruction guide and website is for information purposes only. The PUSH Band described is subject to change without prior notice, due to the manufacturer’s continuous development program. 

  • The PUSH Band, instruction guide, and website are intended to support a sensible approach to health and fitness. They are not intended to replace professional medical advice related to exercise, fitness, weight training, or weight-loss. 

  • PUSH Design Solutions Inc. shall not be liable for any damages, direct or incidental, consequential or special, arising out of, or related to, the use of PUSH Band products and accompanying documents. 

  • If you experience severe or prolonged discomfort or pain at any time, see your doctor immediately. The information in the instruction guide is intended to be used as a general guide only and may not be appropriate to specific users. 

  • Always consult a doctor before beginning a new exercise regime or program of any kind.

WARRANTY

  • Every PUSH Band comes with a One Year Limited Warranty that does not cover water damage. 

  • For full warranty details, exclusions, limitations, liability and return policy, please contact us directly.

  • The Limited Warranty Period starts on the date of purchase. The Warranty Period is one (1) year in North America. International warranty periods vary subject to local laws and the policies of the authorized retailer for the geographic area where the purchase was made, to a maximum of one (1) year time period.

  • You may have legal (statutory) rights that are in addition to those set out in the Limited Warranty (such as consumer laws of the country in which you live) (“Consumer Rights”). None of your Consumer Rights are limited or excluded. 

EXCLUSIONS

This Limited Warranty does not cover:

  1. normal wear and tear, 

  2. damage caused by improper handling, or 

  3. damage caused by misuse contrary to intended or recommended use or alteration of the PUSH Band, such as, but not limited to moisture, water, or sweat damage sufficient to affect the proper function of the product. Without limiting the foregoing, damage resulting from bending or dropping the PUSH Band will be deemed the result of abuse or misuse.)

This Limited Warranty is not enforceable if:

  1. The item has been used in ways other than the intended use;

  2. The PUSH Band has been opened or otherwise tampered with;

  3. The PUSH Band was NOT purchased from an authorized PUSH Band retailer.

PUSH Design Solutions Inc. does not warrant that the operation of the PUSH Band will be uninterrupted or error free, or that the PUSH Band will work with any hardware or software provided by a third party. PUSH Design Solutions Inc. has no responsibility for any harm to your computer system, loss or corruption of data (including your biometric data), or other harm that results from your use of the app, website, or portal.  We do not warrant that the Software will meet your requirements or that the operation thereof will be uninterrupted or error free.  
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LIMITATIONS OF LIABILITY

Some Limitations of Liability are inapplicable in Quebec and in other jurisdictions where prohibited.

YOU EXPRESSLY AGREE THAT PUSH IS NOT PROVIDING MEDICAL ADVICE VIA THE APP, WEBSITE, OR PORTAL. THE CONTENT PROVIDED THROUGH THE APP, WEBSITE, OR PORTAL, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 (IF APPLICABLE IN YOUR JURISDICTION) IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE APP, WEBSITE, OR PORTAL, AND YOU SHOULD NOT USE ANY PUSH CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND PUSH.

YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES, WHICH GENERATE THE CONTENT YOU POST OR SEEK TO POST ON THE APP, WEBSITE, OR PORTAL CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF PUSH OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT PUSH DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY COMPETITION, CONTEST, GROUP SESSION OR EVENT THAT UTILIZES PUSH.

YOU EXPRESSLY AGREE TO RELEASE PUSH, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ATHLETIC ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ATHLETIC ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE DEVICE, APP, WEBSITE, OR PORTAL, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY PUSH WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE APP, WEBSITE, OR PORTAL, (d) ANY DELAY OR INABILITY TO USE THE APP, WEBSITE, OR PORTAL EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PUSH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

PUSH Design Solutions Inc. shall not be liable for delay in rendering warranty service.

Please contact PUSH Customer service at support@pushstrength.com for information regarding repairs and post warranty service.  

RETURNS

You may return to us any functioning PUSH Band you purchase from us within 30 days of purchase for a full refund (based on your method of payment).  If you purchased a PUSH Band from a third party, such party will provide information about eligible returns.  For all returns, including warranty returns, you must pack your PUSH Band product in its original packaging and include all accessories and documentation. We reserve the right to charge for any damage to the PUSH Band, and missing part fees may apply.

Please contact Customer Service at support@trainwithPUSH.com, prior to returning any product to receive detailed return instructions. You will be responsible for, and pre-pay, all return shipping charges and shall assume all risk of loss or damage to product while in transit to us. We recommend that you use a traceable method of shipping for your protection. 

FEDERAL COMMUNICATIONS COMMISSION (FCC) STATEMENT                                

FCC ID: X3ZBTMOD5

15.21

You are cautioned that changes or modifications not expressly approved by the part responsible for compliance could void the user’s authority to operate the equipment.

15.105(b)

This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:

  • Reorient or relocate the receiving antenna.

  • Increase the separation between the equipment and receiver.

  • Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.

  • Consult the dealer or an experienced radio/TV technician for help.

This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions:

  • this device may not cause harmful interference and

  • this device must accept any interference received, including interference that may cause undesired operation of the device.

FCC RF Radiation Exposure Statement:

This equipment complies with FCC radiation exposure limits set forth for an uncontrolled environment. End users must follow the specific operating instructions for satisfying RF exposure compliance. This transmitter must not be co-located or operating in conjunction with any other antenna or transmitter.

CE: 0051

INDUSTRY CANADA (IC) STATEMENT                                                                           IC: 8828A-MOD4

This Class A digital apparatus complies with Canadian ICES-003. Operation is subject to the following two conditions: (1) this device may not cause interference, and (2) this device must accept any interference, including interference that may cause undesired operation of the device.

LEGAL NOTICE

“Made for iPhone” means that an electronic accessory has been designed to connect specifically to iPhone and has been certified by the developer to meet Apple performance standards. Apple is not responsible for the operation of this device or its compliance with safety and regulatory standards. Please note that the use of this accessory with iPhone may affect wireless performance.

PRIVACY POLICY

PUSH Design Solutions Inc. (“Company” or “we”, “our” or “us”) value our customers, including you (“you”) and we respect your privacy. We only collect personal information about you with your consent. This privacy policy (the “Policy”) describes the kinds of personal information we collect about you, why we collect it, how we use it, how we protect it, and under what circumstances we share it with third parties. This Policy also describes the decisions you can make about your personal information. You may require us to change, amend or delete the personal information that you have provided to us at any time. If you do not agree to the terms of this Policy, please do not use the Website. If this Policy changes in the future, we will post an updated version on our website at www.pushstrength.com (the “Website”). We recommend that you check this Website periodically in order to review our current Policy. You can tell if this Policy has changed by checking the effective date that appears at the bottom of this Policy.

INFORMATION WE COLLECT

When you subscribe to the Company newsletter, you voluntarily give us certain personal information including your name and e-mail address.

THIRD-PARTY SERVICE PROVIDERS

We collect your credit card information from the Website, when processing a payment; this information is sent directly to the specific credit card provider and not stored for later use by the Company. They have access to Personality Identifiable information only to the extent needed to perform their functions, but may not use it for other purposes. By providing your Personally Identifiable information to the Company in order to obtain a product or services, you acknowledge and agree that disclosure of your Personally Identifiable information to such Third parties may be necessary to provide you with such products and services, and you hereby consent to such disclosure.

USING INFORMATION WE COLLECT

We use the personal information you have agreed to provide it to us, in order to: communicate with you (including by e-mail) about our services; to send you promotional e-mails about our services;

YOUR DECISIONS ABOUT YOUR PERSONAL INFORMATION

We will not share, sell or rent your personal information in personally identifiable form with any third party, except if, and to the extent, necessary, in our good faith judgment, doing so is required to complete your purchase, to comply with laws or regulations or in response to a valid subpoena, order, or government request, or to protect the rights of our Company.

If our Company is to be sold, merged or amalgamated or substantially all of its assets are to be sold or disposed of, your personal information may be transferred to a potential purchaser if, and to the extent, necessary for the purposes of deciding whether to proceed with the sale and completing the sale. If such a sale, merger, acquisition or disposal is completed; the purchaser may use and disclose your personal information only to the extent described in this Policy if the information relates solely to the carrying on of the business or activity or the carrying out of the objects for which the sale, merger or acquisition took place.

We will retain your personal information only for a time and to the extent necessary for the purposes for which it was collected as described in this Policy and for reasonable backup, archival, audit, or other similar purposes.

SECURITY

At any time you can contact us to stop receiving e-mails from us, withdraw your consent for our use and disclosure of your information, by emailing info@trainwithpush.com or writing to us at 147 Liberty Street, Toronto, Ontario M6K 3G3. You can always unsubscribe from receiving promotional e-mails from us by simply clicking the “unsubscribe” link provided at the bottom of every promotional Company e-mail from us.

We aim to provide you with a safe experience. We have in place certain physical, electronic, technological, and organizational safeguards to appropriately protect the security and privacy of your personal information against loss, theft, and unauthorized access, disclosure, copying use or modification. Please note, however, that while we try to create a secure and reliable Website for users, the confidentiality of any communication or material transmitted to or from the Website or via e-mail cannot be guaranteed.

We limit access to your personal information within the Company to individuals on a need-to-know basis.

QUESTIONS OR COMMENTS

If you have any questions or comments or wish to make a complaint about this Policy, please feel free to contact us by emailing info[at]pushstrength.com or by delivery in person, by courier or by the mail, to Company at 147 Liberty Street, Toronto, Ontario, M6K 3G3 or by emailing us at info@trainwithpush.com

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