TERMS AND CONDITIONS
1. Scope of Services
P2C Holdings LLC, DBA Push to Cart, is a small business development firm which specializes
in providing quality products and services needed in order to succeed in today’s global economy.
Push to Cart advisors assist clients in developing business plans both for existing and startup
businesses. Push to Cart advisors will help identify the strengths and weaknesses in a client’s
business plan and suggest actions to take to improve a plan’s strategy. A number of additional
services are available depending on the package purchased. These services include: Website
development, Marketing, applications for business credit cards, referrals to lenders, referrals to
drop shippers, the creation of a power point virtual business plan presentation, the creation of a
credit score for their business plan, and consultation with an SBA certified advisor.
2. Termination of Service
Push to Cart will make every effort to resolve any concerns you may have as a client. Your
concerns can be addressed to our Client Services Department at (844)-860-4946, or you can
submit your concerns through www.pushtocart.com by using the Client Feedback option
where your concerns will be addressed with your satisfaction in mind. If you realize you no
longer wish to continue using the services of Push to Cart, you can cancel your membership by
emailing email@example.com or by calling our billing department directly at (844)-860-
4946. If cancellation occurs during the standard three (3) day right of rescission time frame,
you are subject to a 15% processing fee, plus cost of any services rendered. This fee covers
administrative and other costs. Push to Cart’ refund policies states that after the standard three
(3) day right to rescind, no refunds will be issued. If you fail, or if Push to Cart suspects that you
have failed, to comply with any of the provisions of this Agreement, including but not limited
to failure to make payment of fees due, failure to provide Push to Cart a valid credit card or
with accurate and complete Registration Data, failure to safeguard your Account information,
violation of the usage rules, or infringement or other violation of third parties’ rights, Push to
Cart, at its sole discretion, without notice to you may terminate this Agreement and/or your
Account, and you will remain liable for all amounts due under your Account up to and including
the date of termination. Push to Cart reserves the right to modify, suspend, or discontinue the
Service (or any part or content thereof) at any time with or without notice to you, and Push to
Cart will not be liable to you or to any third party should it exercise such rights.
3. Agreement to Pay
You agree to pay for all products and services you purchase from Push to Cart and through
www.pushtocart.com YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL
FEES AND FOR PROVIDING Push to Cart WITH VALID CREDIT CARD DETAILS FOR
PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the
registration process. If you want to designate a different credit card or if there is a change in your
credit card, you must change your credit card account information by either calling our Billing
Department at (844)-860-4946, or by visiting our website at www.pushtocart.com.
Push to Cart considers any communication with a client as confidential and proprietary. Each
party agrees not be disclose any communications, unless it is necessary to: 1) comply with the
law, 2) to respond to legal process, 3) ensure compliance with the IRS, or 4) protect the rights,
property, or interest of Push to Cart, its employees, and customers.
5. Changes in Service/Additional Services
The parties understand the nature of Push to Cart business is to continue to upgrade, improve,
and add new products and services Push to Cart believes will be beneficial to the member’s
needs. As this occurs, you may be notified and given the option to add those services and
any related costs to your membership. Once the services you purchased have been rendered
according to the company’s guidelines Push to Cart will not be held responsible for additional
modifications requested. In regards to website development Push to Cart is under no
obligation to correct any changes you (the client) make to the website nor there is a lifetime
assistance included with any of our memberships. Once a website has been completed and our
representatives walk you through it you are considered completely fulfilled as a client. Push to
Cart will not be responsible or held liable for any modifications made to the website after the
walk-through by the client. If client requests assistance with a website which was changed after
the walk-through, Push to Cart will be charging an additional fee.
6. Business Opportunities and Earnings Claims
Push to Cart sells small business services, coaching, and consulting. Push to Cart does not
offer Business Opportunities, nor does it make any earnings claims. Push to Cart does not offer
accounting, legal, or any other specialized advice; except where specifically provided for under
the terms of service. Push to Cart advises that all clients enter into small business services at their
own risk, with no guarantee of return on their investment.
7. Class Action Waiver
You and Push to Cart agree that any proceedings to resolve or litigate any dispute, whether
in arbitration, in court, or otherwise, will be conducted, solely on an individual basis, and
that neither you nor Push to Cart will seek to have any dispute heard as a Class Action, a
representative action, a collective action, a private attorney-general action, or in any proceeding
in which you or Push to Cart acts or proposes to act in a representative capacity, you and Push
to Cart further agree that no arbitration or proceeding will be joined, consolidated, or combined
with another arbitration or proceeding without prior written consent of you, Push to Cart, and all
parties to any such arbitration or proceeding.
8. Dispute Resolution.
If a dispute arises out of or relates to this contract, or the breach thereof, and if said dispute
cannot be settled through negotiations, the parties agree first to try in good faith to settle the
dispute by mediation under the Commercial Mediation Rules of the American Arbitration
Association before resorting to arbitration. Any dispute arising out of or relating to this
contract, or the breach thereof, that cannot be resolved by mediation within 30 days shall be
finally resolved by arbitration administered by the American Arbitration Association under its
Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may
be entered in any court having jurisdiction. The arbitration will be conducted in the English
language in the State of New Jersey, in accordance with the United States Arbitration Act. There
shall be one Arbitrator, name in accordance with such rules.
9. Third Party Materials
Certain content, products and services made available by Push to Cart, and through
the www.pushtocart.com site, may include materials from third parties. In addition,
www.pushtocart.com web site may provide links to certain third party Web sites. You
acknowledge and agree that Push to Cart is not responsible for examining or evaluating the
content or accuracy of any such third-party material or Web sites. Push to Cart does not warrant
or endorse and does not assume and will not have any liability or responsibility for any third-
party materials or Web sites, or for any other materials, products, or services of third parties.
Links to other Web sites are provided solely as a convenience to you. You agree that you will not
use any third-party materials in a manner that would infringe or violate the rights of any other
party, and that Push to Cart is not in any way responsible for any such use by you.
10. Disclaimer of Warranties and Liability Limitations
((a) Push to Cart does not guarantee, represent, or warrant that your use of the service will be
uninterrupted or error-free, and you agree that from time to time Push to Cart may suspend
services including www.pushtocart.com website, for periods of time. (b) You expressly agree
that your use of, or inability to use, the service and www.pushtocart.com website is at your
sole risk. The service and all products and services delivered to you through the service are
provided “as is” and “as available” for your use, without warranties of any kind, either express
or implied. (c) In no case shall Push to Cart, its owners, directors, officers, employees, affiliates,
agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, special, or
consequential damages arising from your use of any of the services or for any other claim related
in any way to your use of the services, including but not limited to, any errors or omissions in
any content, or any loss or damage of any kind incurred as a result of the use of any content (or
product) posted, transmitted, or otherwise made available via the service. (d) In states where the
exclusion or limitation of liability is limited by law, Push to Cart’ Liability shall be limited to
the extent permitted by law. (e) Push to Cart shall use reasonable efforts to protect information
submitted by you in connection with the services, but you acknowledge and agree that your
submission of such information is at your sole risk, and Push to Cart hereby disclaims any and all
liability to you for any loss or liability relating to such information in anyway.
11. Waiver and Indemnity
By using the service, you agree to indemnify and hold Push to Cart, its owners, directors,
officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any
claims arising out of your breach of this agreement, your use of the service, or any action taken
Push to Cart as part of its investigation of a suspected violation of this agreement or as a result
of its finding or decision that a violation of this agreement has occurred. This means that you
cannot sue or recover any damages from Push to Cart, its owners, directors, officers, employees,
affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to
process any information or content, to warn you, to suspend or terminate your access to the
service, or to take any other action during the investigation of a suspected violation or as a result
of Push to Cart’ conclusion that a violation of this agreement has occurred. This waiver and
indemnity provision applies to all violations described in or contemplated by this agreement.
12. Non-Disparagement Clause
(a) You agree that during your membership, and at any time thereafter, you may not make or
encourage others to make any statement or release any information that is intended to, or could
reasonably be foreseen to, harass or criticize Push to Cart, or its owners, directors or employees.
(b) For purposes of the section, a statement or release of information includes, but is not limited
to, direct phone calls, e-mails, postings on internet websites, bulletin boards, blogs, or discussion
groups, and letters to and articles in any publication.
13. Entire Agreement
This Agreement contains the entire agreement of the Parties and there are no other promises or
conditions in any other agreement whether oral or written. This Agreement supersedes any prior
written or oral agreements between the parties.
14. Survival of Representations and Warranties
All representations and warranties contained herein, or made in writing by any party in
connection herewith, shall survive the execution and delivery of this Agreement, regardless of
any investigation made by or on behalf of any party.
This Agreement may be modified or amended, if the amendment is made in writing and is signed
by both Parties.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason,
the remaining provisions shall continue to be valid and enforceable. If a court finds that any
provision of this Agreement is invalid or unenforceable, but that by limiting such provision it
would become valid or enforceable, then such provision shall be deemed to be written, construed
and enforced as so limited.
This Agreement may be executed simultaneously in two or more counterparts, any one of which
need not contain the signatures of more than one party, but all such counterparts taken together
shall constitute one and the same Agreement.
18. Attorneys’ Fees
If either party must enforce its rights under this Agreement, the prevailing party will recover
reasonable attorneys’ fees and costs, in addition to any other relief.
19. Applicable Law
This Agreement shall be governed by the laws of the State of New Jersey. Actions in court,
brought according to this agreement, must be brought in Hudson County, State of New Jersey.