Limitation on Use of Site and Content
The Content available at the Site is not available for use, and should not be used, by residents of countries, states, or other localities in which Pulse is not licensed as may be required by applicable national, state or local laws, statutes or regulations, or in which such use is otherwise restricted or prohibited.
Use of Site
- upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, images, graphics, video, messages or other content that (a) is unlawful, threatening, abusive, harmful, libelous, tortious, defamatory, obscene, vulgar, racially or ethnically offensive or otherwise objectionable; (b) infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party; (c) you know or, with the exercise of reasonable effort, should know to be false, misleading, or otherwise unreliable; or (d) you do not have a right to transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty;
- encourage or engage in illegal activity;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, e-mail or otherwise transmit any (a) material that contains software viruses, files or programs designed to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt, or attempt to interfere with or disrupt, the Content or servers or networks connected to the Site;
- engage in any fraudulent activities or otherwise interfere with or disrupt, or attempt to interfere with or disrupt, the activities of other users of the Content or the Site;
- use any robot, bot, spider, other automatic device, or manual process to monitor or copy the Site or any content contained thereon without our prior expressed written permission; or use any software, device, routine, or manual process to interfere or attempt to interfere with the proper functioning of the Site or the Content.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT (A) PULSE PROFILE ANALYTICS INC. AND ITS RESPECTIVE OWNERS, OFFICERS, AGENTS, PARTNERS, DIRECTORS AND EMPLOYEES AND (B) ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING CONTENT SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE OR INTERPRET THE SITE, CONTENT, BLOG POSTS, ARTICLES, VIDEO AND AUDIO CLIPS, SOFTWARE OR SERVICES, OR ANY OTHER SITE, CONTENT OR SOFTWARE, SERVICES YOU ACCESS THROUGH A LINK FROM THE SITE, CONTENT SOFTWARE, OR SERVICES, OR FROM ANY ACTIONS PULSE MAY TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC OR OTHER MESSAGES YOU SEND US. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. BECAUSE YOU ARE ALLOWED TO USE THE SITE, CONTENT, BLOG POSTS, ARTICLES, VIDEO AND AUDIO CLIPS, SOFTWARE, AND SERVICES WITHOUT CHARGE, (A) PULSE, AND ITS RESPECTIVE OFFICERS, AGENTS, PARTNERS, DIRECTORS AND EMPLOYEES AND (B) ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, CONTENT, SOFTWARE OR SERVICES SHALL HAVE NO LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES WHATSOEVER. YOU RELEASE (A) PULSE AND ITS RESPECTIVE OWNERS, OFFICERS, AGENTS, PARTNERS, DIRECTORS AND EMPLOYEES AND (B) ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, CONTENT, SOFTWARE, AND SERVICES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, AND ANY OTHER DAMAGES) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, CONTENT, BLOG POSTS, ARTICLES, VIDEO AND AUDIO CLIPS, SOFTWARE, AND SERVICES.
IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, IN THE UNITED STATES, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCE WILL PULSE OR ANY OF ITS RESPECTIVE OWNERS, OFFICERS, AGENTS, DIRECTORS, PARTNERS, AND EMPLOYEES BE LIABLE IN ANY WAY FOR ANY USER CONTENT OR ANY USER’S USE OR INTERPRETATION OF THE SITE, CONTENT, SOFTWARE, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN OR ON THE SITE, CONTENT, SOFTWARE OR SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, CONTENT OR SERVICES. PULSE SHALL HAVE NO LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND PULSE CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES OF WHATEVER NATURE, ACTS OF GOD, PUBLIC ENEMY, WAR, ACTS OF GOVERNMENT, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING CONTENT OR SERVICES.
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE, CONTENT, SOFTWARE OR SERVICES OR THE SYSTEMS TRANSMITTING THEM TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM THAT DISRUPTION.
Pulse shall have the right in its sole discretion, but not the obligation, to refuse to post or to remove any material submitted to or posted on or made available through or from the Site. Without limiting the foregoing, Pulse shall have the right, but not the obligation, to remove any material that Pulse, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to indemnify and hold harmless Pulse and its affiliates and their respective officers, agents, partners, directors and employees, from and against any third party claim or demand (including reasonable attorneys' fees), arising out of or relating to your use of the Site or its Content. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. Pulse reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you shall not in any event settle any such matter without the written consent of Pulse.
Remedies for Breach
The Site employs various trademarks and service marks of Pulse. You may not use or display such marks in any manner without the prior written permission of Pulse. This Site also employs other trademarks and service marks that are the property of third parties, or are licensed to, or owned by Pulse. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
Third Party Content and Services
Pulse is not a publisher of Content and/or services supplied by third parties and users of the Site, but rather utilizes automated processes to compile and present such Content and/or services. Accordingly, Pulse has no editorial control over such Content and/or services. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including information providers and users, are those of their respective author(s) or distributor(s) and not of Pulse. In many instances, the Content available through the Site represents the opinions and judgments of the respective information provider or user. Pulse neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on the Site by anyone other than authorized Pulse employee spokespersons while acting in their official capacities. Such Content, when posted by authorized Pulse employee spokespersons, shall be clearly marked as such.Viruses
Pulse assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Pulse does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
The business associates of Pulse identified on the Site are independent contractors of Pulse. Any such business associates are not joint venturers or partners of Pulse. No employee or representative of such business associates is under the control of Pulse.
Pulse has the right at any time to change or modify the terms and conditions applicable to use of the Site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the Site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions. Association
Pulse incorporates links to other sites. Pulse does not in any way endorse, nor is it responsible for, the content on those other sites. Advertisers and Merchants
You acknowledge and agree that your correspondence or business dealings with, or participation in promotions of and product and service offerings by advertisers and merchants found on or through the Site or links to the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. You agree that Pulse shall not be responsible or liable for any loss or damage of any type incurred as the result of any such dealings or as the result of the presence of such advertisers or merchants on the Site.
The Site includes links to other online sites or locations, such as news and other information, some of which may be operated by Pulse and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not reviewed the information on other sites and are not responsible for the content of any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites and it is your responsibility to comply with such other terms and conditions.
No waiver by Pulse of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Statement effective as of October 22, 2019.