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TERMS OF USE

Last Updated: October 24, 2018

Welcome to the Terms of Use for the Pulse application (the “App”).

The App is operated by Pulse App, LLC (“us,” “we,” the “Company” or “Pulse”). The Terms of Use (“Terms”) is a contract between you and us. Please read these Terms before using the App. Once you access, view, or use the App, you are bound by these Terms.

1. Acceptance of Terms.

By creating a Pulse account or by using the Pulse App, whether through a mobile device or mobile application you agree to be bound by (i) these Terms and (ii) our Privacy Policy and Safety Tips, each of which is incorporated by reference into these Terms.  If you do not accept and agree to be bound by all of the terms of these Terms, you should not use the App.

We may make changes to the Terms and to the App from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of the Terms will be posted in the app and on our website, and you should regularly check for the most recent version. The most recent version is the version that applies. The date of the most recent update will be listed at the top of the Terms. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the App or via email. If you continue to use the App after the changes become effective, then you agree to the revised Terms. You agree that the Terms shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with Pulse, including but not limited to events, agreements, and conduct preceding your acceptance of the Terms.

2. Eligibility.

You must be at least 19 years of age to create an account on Pulse and use the App. By creating an account and using the App, you represent and warrant that:

  • you can form a binding contract with us,
  • you are not a person who is barred from using the App under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
  • you will comply with these Terms and all applicable local, state, national and international laws, rules and regulations,
  • You are a traveling medical professional on or in between temporary assignments, and
  • you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

3. Your Account.

In order to use Pulse, you may sign in using your Facebook login.  If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Pulse, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact pulse@fusionmedstaff.com.

4. Modifying the App and Termination.

Pulse is always striving to improve the App and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the App entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by following the instructions  (add instructions here.)

Pulse may terminate your account at any time without notice if it believes that you have violated these Terms.  After your account is terminated, these Terms will terminate, except that the following provisions will still apply to you and Pulse: Section 4, Section 5, and Sections 10 through 17.

5. Safety; Your Interactions with Other Users.

Though Pulse strives to encourage a respectful user experience, we are not responsible for the conduct of any user on or off of the App. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the App, attend an event, or meet in person in any other way. In addition, you agree to review and follow Pulse’s Safety Tips prior to using the App. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON APP USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. PULSE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. PULSE RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT PULSE MAY CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

6. Rights We Grant You.

We grant you a personal, Nationwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the App. This license is for the sole purpose of letting you use and enjoy the App’s benefits as intended us and permitted by these Terms. Therefore, you agree not to:

  • use the App or any content contained in the App for any commercial purposes without our written consent.
  • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the App without Pulse’s prior written consent.
  • express or imply that any statements you make are endorsed by Pulse.
  • Use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the App or its contents;
  • Use the App in any way that could interfere with, disrupt or negatively affect the App or the servers or networks connected to the App;
  • Upload viruses or other malicious code or otherwise compromise the security of the App;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the App;
  • “Frame” or “mirror” any part of the App without our prior written authorization;
  • Use meta tags or code or other devices containing any reference to us or the App (or any trademark, trade name, service mark, logo or slogan of Pulse) to direct any person to any other website for any purpose;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App, or cause others to do so;
  • Use or develop any third-party applications that interact with the App or other users’ Content or information without our written consent;
  • Use, access, or publish the Pulse application programming interface without our written consent;
  • probe, scan or test the vulnerability of our App or any system or network; and
  • encourage or promote any activity that violates these Terms.

The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the App, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

7. Rights you Grant Pulse.

By creating an account, you grant to Pulse a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the App or transmit to other users (collectively, “Content”). Pulse’s license to your Content shall be non-exclusive, except that Pulses’ license shall be exclusive with respect to derivative works created through use of the App. For example, Pulse would have an exclusive license to screenshots of the App that include your Content. In addition, so that Pulse can prevent the use of your Content outside of the App, you authorize Pulse to act on your behalf with respect to infringing uses of your Content taken from the App by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the App. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the App and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the App may be viewed by other users and may be viewed by any person visiting or participating in the App (such as individuals who may receive shared Content from other App users).

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the App and grant the license to Pulse above.

You understand and agree that we may monitor or review any Content you post as part of the App. We may delete any Content, in whole or in part, that in our sole judgment violates these Terms or may harm the reputation of the App.

In consideration for us allowing you to use the App, you agree that we, our affiliates, and our third-party partners may place advertising on the App. By submitting suggestions or feedback to Pulse regarding our App, you agree that Pulse may use and share such feedback for any purpose without compensating you.

You agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

8. Community Rules.

By using the App, you agree that you will not:

  • Use the App for any purpose that is illegal or prohibited by these Terms;
  • Use the App for any harmful or nefarious purpose;
  • Use the App in order to damage us;
  • Recruit medical travelers for temporary or permanent employment;
  • Take information from the App with the intention of recruiting users for temporary or permanent employment outside the App;
  • Spam, solicit money from or defraud any users;
  • Impersonate any person or entity or post any images of another person without his or her permission;
  • Bully, “stalk,” intimidate, assault, harass, mistreat or defame any person;
  • Post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right;
  • Post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
  • Post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
  • Use another user’s account; and
  • Create another account if we have already terminated your account, unless you have our permission.

Pulse reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated these Terms, misused the App or behaved in a way that Pulse regards as inappropriate or unlawful, including actions or communications that occur on or off the App.

9. Other Users’ Content.

Although we reserve the right to review and remove Content that violates these Terms, such Content is the sole responsibility of the user who posts it, and we cannot guarantee that all Content will comply with these Terms. If you see Content on the App that violates these Terms, please report it within the App or via pulse@fusionmedstaff.com.

10. Notice and Procedure for Making Claims of Copyright Infringement.

If you believe that your work has been copied and posted on the App in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the App (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
  • your contact information, including address, telephone number and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to pulse@fusionmedstaff.com, by phone to 877-230-3885 or via mail to the following address:

Pulse App, LLC

11808 Grant Street

Omaha, NE 68164

We will terminate the accounts of repeat infringers.

11. Disclaimers.

We TAKE NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE APP. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

WE DISCLAIM AND TAKE NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE APP.

12. Third Party Services.

The App may contain advertisements and promotions offered by third parties and links to other web sites or resources. We are not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our App, such party’s terms will govern their relationship with you. Pulse is not responsible or liable for such third parties’ terms or actions.

13. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE APP; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST US, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL.

THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE APP, AND THESE TERMS.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 13 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

14. Retroactive and Prospective Arbitration, Class-Action Waiver, and Jury Waiver.

Except where prohibited by applicable law:

  1. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof), or the App, regardless of the date of accrual and including past, pending, and future claims, shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Pulse in a small claims court of competent jurisdiction in the county in which you reside, or in Omaha, NE. Such arbitration shall be conducted by written submissions only, unless either you or Pulse select to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, maintain, or participate in any class action, class arbitration, or other representative action or proceeding against Pulse.
  2. If you assert a claim against Pulse outside of small claims court, your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. The same is true for Pulse. Both you and Pulse are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant the relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
  3. The Jurisdiction and Venue provisions in Section 15 are incorporated and are applicable to this Arbitration Agreement.

15. Governing Law and Venue.

Except where our arbitration agreement is prohibited by law, the laws of Nebraska, U.S.A., without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to these Terms, the App, or your relationship with us. Notwithstanding the foregoing, the Arbitration Agreement in Section 14 above shall be governed by the Federal Arbitration Act. Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county in which you reside or in Omaha, NE, all claims arising out of or relating to these Terms, to the App, or to your relationship with Pulse that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Douglas County, NE. You and Pulse consent to the exercise of personal jurisdiction of courts in the State of Nebraska and waive any claim that such courts constitute an inconvenient forum.

16. Indemnity by You.

  • You agree, to the extent permitted under applicable law, to indemnify, defend, release and hold harmless Pulse, our partners, licensors,  affiliates, contractors, officers, directors, employees, representatives, and agents, harmless, from and against any and all complaints, demands, third-party claims, damages, losses (actual and/or consequential), actions, proceedings, liabilities, costs and expenses (including reasonable attorney’s fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
    • any negligent acts, omissions or willful misconduct by you;
    • your access to and use of the App;
    • the uploading or submission of Content to the App by you;
    • any breach of these Terms by you; and/or
    • your violation of any law or of any rights of any third party.
  • We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.

17. Entire Agreement; Other.

These Terms, along with the Privacy Policy, the Safety Tips, and any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the App, contains the entire agreement between you and Pulse regarding your relationship with Pulse and the use of the App, with the following exception: anyone who opted out of the retroactive application of Section 16 is still subject to and bound by any prior agreements to arbitrate with Pulse as well as this agreement to arbitrate on a going forward basis. If any provision of these Terms are held illegal, invalid, or otherwise unenforceable by a court of competent jurisdiction, then to the extent that term is illegal, invalid, or unenforceable, it shall be severed and deleted from the Terms and the remainder of these Terms shall survive, remain in full force and effect, and continue to be binding and enforceable. The failure or delay of Pulse to exercise or enforce any right, power or provision of these Terms shall not constitute a waiver of such right, power or provision, and nor shall any single or partial exercise by either party of any right, power or provision preclude any further exercise of the right or or the exercise of any other right, power, or provision. You agree that your Pulse account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms and you may not make any representations on behalf of or bind Pulse under in any manner.