1. Definitions
a. "Authorized User" means your employees, consultants, contractors, and agents (i) who are authorized by you to access and use the Services under the rights granted to you pursuant to these Terms and (ii) for whom access to the Services has been purchased hereunder.
b. “Client” means your client who has granted you the right to collect their personal information and use their information pursuant to your privacy policy.
c. "Client Data" means your Client’s data, information, and other content, in any form or medium, that is submitted, posted, or otherwise collected or transmitted by you on behalf of your Client.
d. “Data” means your data, information, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by you or an Authorized User through the use of the Services. For purposes of clarity, the term “Data” does not include “Client Data” which is Confidential Information.
e. “Fees” mean the fees described on the Website page at https://pulse360.com/pricing that describes each Subscription Plan.
f. “Pulse360 IP” shall have the mean set forth in Section 7.a.
g. “Suspend” means the suspension of Services if Pulse360 reasonably determines that (i) there is a threat or attack on any of the Pulse360 IP by you, (ii) you or Authorized Users disrupts or poses a security risk to the Services or to any other customer or vendor of Pulse360, or (iii) you or Authorized Users use the Services for fraudulent or illegal activities.
h. “Subscription Plan” means the products and services described on the Website page at https://pulse360.com/pricing.
2. Eligibility Requirement
We do not intend that the Website be used by anyone under 16 years old. If we learn or have reason to suspect that a user is under 16 years of age, we will promptly revoke the user’s access to the Website and delete any personally identifiable information submitted by that user. Further, you represent and warrant that your use of the Website does not and will not conflict with any pre-existing obligation in conflict or in any way inconsistent with the provisions of these Terms.
3. Your Account
To access our service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the service that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy [https://pulse360.com/privacy], and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms.
4. Access and Use
a. Provision of Access. Pulse360 hereby grants you a non-exclusive, non-transferable right to access and use the Services during the subscription period, solely for use by you and Authorized Users in accordance with the terms and conditions herein. Such use is limited to your internal use.
b. At Pulse360, and specifically related to AI Writer, we are committed to providing our users with a high-quality experience and developing advanced AI models that benefit the entire wealth management industry. To achieve this, we collect and process certain data that you provide when you use our services.
When you enter data as a prompt and use our services, we send that data to large language models, such as OpenAI and/or other reputable LLMs, to generate results. Please note that the large language models do not store your client data. We, Pulse360, store your data for the purpose of enhancing your experience and training our Advisor AI Model for your benefit. This AI model provides personalized recommendations to you. Please note that the Advisor AI model, which is specific to the user, is not owned by the user. We own the intellectual property rights on this model. We may also use the data to train a large Advice AI model that benefits the entire wealth management industry. However, we remove all identifying information before using your data for this purpose.
If you wish to opt-out of having your data used for these purposes, you may do so by emailing us at privacy@pulse360.com. Please note that opting out means that you will lose access to the Advisor AI and Advice AI models. By using our services, you acknowledge and agree to the collection and use of your data as described in this section. If you have any questions about our data collection practices, please refer to our Privacy Policy or contact us at privacy@pulse360.com.
c. Ownership of AI Models. The data entered by users as prompts, as well as the results and revisions generated by our services, are owned by the user. However, the algorithm behind the Advisor AI model, which provides personalized recommendations to users, is owned by Pulse360 and is protected by intellectual property laws.
By using our services, users acknowledge and agree that the Advisor AI model is owned by Pulse360 and is not transferable to the user. Users may use the Advisor AI model for their personal use only and may not sell, distribute, or transfer it to any third party.
If a user cancels their service, their Advisor AI model will be deleted within 72 hours. Please note that once the Advisor AI model is deleted, it cannot be recovered.
If you have any questions or concerns about the ownership of our AI models, please contact us at privacy@pulse360.com.
d. Use Restrictions. You shall not use the Services for any purposes beyond the scope of the access granted in these Terms. You shall not at any time, directly or indirectly, and shall not permit any Authorized Users to: (i) copy, modify, or create derivative works of the Services or on the Website, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
d. Reservation of Rights. Pulse360 reserves all rights not expressly granted to you. Except for the limited rights and licenses expressly granted above in Section 3.a., nothing in the Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Pulse360 IP.
5. Fees and Payment
a. Fees. You shall pay to Pulse360 the Fees without offset or deduction and make all payments by Stripe, credit card or check on or before the due date on a monthly basis. The payment shall be billed monthly to your credit card at the beginning of each month. Pulse360 may change our Fees for any Subscription Plan and automatically charge your credit card. We will communicate any changes to our Fees in advance. Such Fee changes will take effect at the start of the next Subscription Period following the date of the Fee change.
b. Fee Changes. You accept the new Fee by continuing to use the Services or after the Fee change takes effect. If you do not agree with a Fee change, you have the right to reject the change by unsubscribing from the Subscription Plan prior to the Fee change going into effect. You agree and consent that we may charge your credit card for renewals, additional users, overages to set limits or scopes of use, expenses, and unpaid fees, as applicable.
c. Late Payments. If you fail to make any payment when due, without limiting Pulse360's other rights and remedies: (i) we may charge you interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law; (ii) you shall reimburse Pulse360 for all costs incurred by us in collecting any late payments or interest, including attorneys' fees, court costs, and collection agency fees; and (iii) if such failure continues for 30 days or more, Pulse360 may suspend yours and your Authorized Users access to any portion or all of the Website until such amounts are paid in full.
d. Taxes. All Fees and other amounts payable by you under these Terms are exclusive of taxes and similar assessments. You are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by you hereunder, other than any taxes imposed on Pulse360’s income.
6. Auto-Renewal and Cancellation
When you sign up for a Subscription Plan, you agree that the Subscription Plan will automatically renew at the end of the monthly subscription period, unless you cancel your paid subscription before the end of the then-current monthly subscription period by unsubscribing from the Subscription Plan of the Services or within the application before the auto-renewal. Auto-renewal occurs on the first day of every month. Failure to cancel the subscription before that will automatically initiate the billing cycle for that month. The cancellation will take effect the day after the last day of the current subscription period (the “Cancellation Date”), and your access to the Services will be disabled on the Cancellation Date. Pulse360 does not provide refunds or credits for any partial subscription periods.
7. Intellectual Property Rights
a. Pulse360 Intellectual Property. The Services, the Website and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, design, selection, and arrangement thereof page headers, button icons, scripts, and “look” and “feel” (“Pulse360 IP”) are owned by the Pulse360, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
b. Pulse360 Trademarks. The Pulse360 name, the terms, the Pulse360 logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Pulse360 or its affiliates or licensors. You must not use such marks without the prior written permission of the Pulse360. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
c. These Terms permit you to use the Services for your personal, internal non-commercial business purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
• If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
d. You must not:
• Modify copies of any materials, except as permitted on the Website.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
• You must not access or use the Services for any commercial purposes any part of the Website or materials available through the Website outside of the scope set forth in Section 7.
e. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@pulse360.com.
f. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Pulse360. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
8. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in Section 13 of these Terms.
• To transmit, or procure the sending of, any advertising or promotional material that is prohibited under the CANSPAM Act (such as, "junk mail," "chain letter," "spam," or any other similar solicitation).
• To impersonate or attempt to impersonate the Pulse360, a Pulse360 employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Pulse360 or users of the Website, or expose them to liability.
9. Additionally, you agree not to:
• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent from Pulse360.
• Use any device, software, or routine that interferes with the proper working of our Services.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Service.
10. User Contributions
Our Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards or blogs, and other interactive features such as social media (collectively, "Interactive Services") that allow you to post, submit, publish, display, or transmit to your Data (hereinafter, "post") Data through the use of the Services.
All posts must comply with the Content Standards set out in these Terms. Excluding Client Data, you understand and agree that your posts to the Website will be considered non-confidential and non-proprietary. By posting data on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.
11. Representations and Warranties. You represent and warrant that:
• You own or control all rights in and to the Data and you have consent from your Client to grant to Pulse360 and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive license right to use such data to perform Services on your behalf.
• You will provide your Clients with your own privacy policy and terms of use that comply with these Terms and all applicable laws, including privacy laws.
• You understand and acknowledge that you are responsible for any data you submit to your Clients and that you are fully responsible for such any data and content, including its legality, reliability, accuracy, and appropriateness.
• We are not responsible or liable to any third party for the content or accuracy of any Data and Client Data you use or post on the Website using our Services.
12. Monitoring and Enforcement; Termination
a. We have the right to:
• Remove or refuse to post any Data or Client Data for any or no reason in our sole discretion.
• Take any action with respect to any Data or Client Data that we deem necessary or appropriate in our sole discretion, including if we believe that such data violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for the Pulse360.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Services.
• Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms.
b. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE PULSE360 AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we cannot undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
13. Content Standards
These content standards apply to any and all Data and Client Data and your use of Interactive Services. All such data must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, you Data and Client Data must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy [https://pulse360.com/privacy].
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
14. Reliance on Information Posted
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Pulse360, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Pulse360. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
15. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
16. Personal Information
All information we collect on this Website is subject to our Privacy Policy [https://pulse360.com/privacy]. Any information you collect from your Clients is subject to your privacy policy and in compliance with privacy laws.
17. Online Services Offers
All purchases through our Website or other transactions for products, services, or information formed through the Website, or resulting from visits made by you, are governed by these Terms, which are hereby incorporated into these Terms. Additional terms and conditions may also apply to specific portions, services, or features of the Service. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
18. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our consent.
This Website may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website unless you have consent from such third party website.
• Cause the Service or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
The Website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
19. Third-Party Websites
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
20. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR OR YOUR CLIENT’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR OR YOUR CLIENTS DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
21. No Warranties
YOUR USE OF THE SERVICES, WEBSITE, ITS CONTENT, AND ANY ITEMS OR FEATURES OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE PULSE360 NOR ANY PERSON ASSOCIATED WITH THE PULSE360 MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE PULSE360 NOR ANYONE ASSOCIATED WITH THE PULSE360 REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE PULSE360 HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE PULSE360, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR OR YOUR CLIENT’S USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE PULSE360 AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY EXCEED $100. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23. Indemnification
You agree to defend, indemnify, and hold harmless the Pulse360, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
24. Governing Law and Dispute Resolution
a. All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Riverside and County of Riverside, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
b. You agree to resolve any dispute, claim, or controversy with Pulse360 arising out of or relating to your use in any way of the Website in the following manner. First, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at support@pulse360.com). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in Riverside County, California, USA, and the costs of which shall be divided equally between you and Pulse360. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in Riverside County, California, USA.
Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above. We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor Pulse 360, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect. YOU AND PULSE360 EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. Nothing contained in this Section shall limit our ability to take action related to your access to the Website as provided in these Terms.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
25. Changes to the Terms; Changes to the Website
a. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time each time you access this Website, so you are aware of any changes, as they are binding on you.
b. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
26. Miscellaneous
a. No waiver by the Pulse360 of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Pulse360 to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
b. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
c. The Terms, and our Privacy Policy, and any other documents related to the Website constitute the sole and entire agreement between you and Pulse360 regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
d. The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms in any way.
e. We are not a law firm and do not render legal advice. Our Service is not a substitute for the advice of an attorney and if you need legal advice regarding whether our Service or your policies and procedures are in compliance with applicable federal or state securities laws or rules imposed by any self-regulatory authority, including requirements under the Investment Advisers Act of 1940, the Securities and Exchange Act of 1934, or rules imposed by the Financial Industry Regulatory Authority (collectively, “applicable law”), you should consult an attorney. While the Service may come pre-populated with forms or suggestions in an effort to assist with compliance with certain elements of applicable law, we will not be responsible for compliance or non-compliance with applicable law.
27. Your Comments, Concerns and Technical Support
This website is operated by Pulse360 Inc, 3499 Tenth Street, Riverside, CA 92501.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@pulse360.com.
