Last modified: March 3, 2020
1. Acceptance of Terms.
Our App is offered and available to users who are of legal age to form a binding contract with us. By using our App, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use our App.
2. Changes to the Terms
As you use our App we would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find or engage the information you need and want. All we ask is that you agree to abide by these Terms. Take a few minutes to look them over because by using our App you automatically agree to them. If you don’t agree, please do not use our App. We may revise and update these Terms as we deem necessary at any time. All changes are effective immediately when we post them and apply to all access and use of our App thereafter. Your continued use of our App following the posting of revised Terms means that you accept and agree to the changes. Please check these Terms whenever you access our App to see what those changes may be.
3. Accessing our App and Account Security
We reserve the right to withdraw or amend our App, and any service or material we provide on our App, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our App is unavailable at any time or for any period.
If you choose, or are provided with, a user name, 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 agree to notify us immediately of any unauthorized access to or use of your user name 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. You are responsible for all content submitted and activity that occurs under your account, even if done by third parties who have accessed our App through your account.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
4. Restrictions on Use of Our Online Materials
All materials on our App, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music (“Online Materials”) are copyrighted intellectual property. All usage rights are owned or licensed and controlled by us or our licensors. Subject to your continued compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable right and license to access and use our App solely for your personal, non-commercial purposes. You may only continue to use our App provided that you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the Online Materials, 3) you do not use the Online Materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of Online Materials to a database, server, or personal computer for reuse for commercial purposes. You may not copy, reproduce, republish, upload, post, create derivative works of, publicly display, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on our App. Any attempts to modify any Online Materials, or to defeat or circumvent our security features is prohibited. You may not access or use our App for commercial purposes. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our App in breach of these Terms, your right to use our App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our App, Online Materials or any other content on our App is transferred to you, and all rights not expressly granted are reserved by us. Any use of our App not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Pulse name and logo and all related names, logos, product and service names, designs, and slogans are trademarks of Pulse, its affiliates, or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our App are the trademarks of their respective owners.
5. Prohibited Uses
You may use our App only for lawful purposes and in accordance with these Terms. You agree not to use our App:
- 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 U.S. or other countries).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our App, or which, as determined by us, may harm us or users of our App or expose them to liability.
Additionally, you agree not to:
- Use our App in any manner that could disable, overburden, damage, or impair our App or interfere with any other party’s use of our App, including their ability to engage in real time activities through our App.
- Use any robot, spider, or other automatic device, process, or means to access our App for any purpose, including monitoring or copying any of the material on our App.
- Use any manual process to monitor or copy any of the material on our App or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of our App.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material to our App which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our App, the server on which our App is stored, or any server, computer, or database connected to our App.
- Attack our App via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of our App.
6. Safety Tips: 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 our App. You agree to use caution in all interactions with other users, particularly if you decide to communicate off our 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 our 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 APP USERS. YOU UNDERSTAND THAT PULSE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON APP USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF APP USERS. PULSE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF APP 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.
7. Monitoring and Enforcement; Termination
We have the right to:
- Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of our App.
- Terminate or suspend your access to all or part of our App, for any or no reason, including, without limitation, any violation of these Terms.
YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications, or content provided by you or anyone else. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
8. Reliance on Information Posted
The information and resources, including but not limited to forms and documents, presented on or through our App are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information or any resources. Any reliance you place on such information or resources 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 our App, or by anyone who may be informed of any of its contents.
Our App may include content provided by third parties, including materials provided by other users and third-party licensors. 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 Us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. 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.
9. Changes to our App
We may update the content on our App from time to time, but its content is not necessarily complete or up-to-date. We are under no obligation to update such material.
10. Information About You and Your Visits to our App
11. 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 our App or transmit to other users (collectively, “Posted Content”). Pulse’s license to your Posted Content shall be non-exclusive, except that Pulses’ license shall be exclusive with respect to derivative works created through use of our App. For example, Pulse would have an exclusive license to screenshots of our App that include your Posted Content. In addition, so that Pulse can prevent the use of your Posted Content outside of our App, you authorize Pulse to act on your behalf with respect to infringing uses of your Posted Content taken from our 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 Posted Content is taken and used by third parties outside of our App. Our license to your Posted Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Posted Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving our App and researching and developing new ones. You agree that any Posted Content you place or that you authorize us to place on our App may be viewed by other users and may be viewed by any person visiting or participating in our App (such as individuals who may receive shared Posted 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 Posted Content on our App and grant the license to Pulse above.
You understand and agree that we may monitor or review any Posted Content you post as part of our App. We may delete any Posted Content, in whole or in part, that in our sole judgment violates these Terms or may harm the reputation of our App.
In consideration for us allowing you to use our App, you agree that we, our affiliates, and our third-party partners may place advertising on our 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 or anyone else for them. You acknowledge that you are responsible for any submissions you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
You agree that Pulse may access, preserve and disclose your account information and Posted 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 Posted 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 Pulse or any other person.
12. Community Rules
By using our App, you agree that you will not:
- Use our App for any purpose that is illegal or prohibited by these Terms;
- Use our App for any harmful or nefarious purpose;
- Use our App in order to damage us;
- Recruit medical travelers for temporary or permanent employment;
- Take information from our App with the intention of recruiting users for temporary or permanent employment outside our 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 Posted Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right;
- Post any Posted Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
- Post any Posted 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 our App or behaved in a way that Pulse regards as inappropriate or unlawful, including actions or communications that occur on or off our App.
Although Pulse reserves the right to review and remove Posted Content on the App that violates these Terms, such Posted Content is the sole responsibility of the user who posts it, and Pulse cannot guarantee that all Posted Content will comply with these Terms. If you see Posted Content on the App that violates these Terms, please report it within the App or via email@example.com.
13. Warranties Disclaimed
YOUR USE OF OUR APP, THE CONTENT THEREON, AND ANY OTHER SERVICES OR ITEMS ACCESSED THROUGH OUR APP IS AT YOUR OWN RISK. OUR APP, THE CONTENT THEREON, AND ANY OTHER PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH OUR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PULSE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR APP. WITHOUT LIMITING THE FOREGOING, NEITHER PULSE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT OUR APP, THE CONTENT THEREON, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH OUR APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR APP OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH OUR APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM 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 A PARTICULAR PURPOSE.
To the extent allowed by law, neither Pulse, nor any of its service providers, information providers, licensors, employees, officers, directors, members, assignees, or agents shall have any liability for incidental, consequential, indirect, exemplary, punitive, or special damages suffered by you or any other party arising out of or related to your use of our App, published programs, videos, services or products, or your purchase of services or products from Pulse via our App or otherwise.
14. Limitation of Liability
IN NO EVENT WILL PULSE, NOR ANY OF ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGE OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
- USE OF (OR INABILITY TO USE) OUR APP OR OUR ONLINE MATERIALS
- USE OF (OR INABILITY TO USE) ANY APP OR WEBSITE TO WHICH YOU HYPERLINK FROM OUR APP
- FAILURE OF OUR APP TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
- ERROR ON OUR APP; OMISSION ON OUR APP; INTERRUPTION OF AVAILABILITY OF OUR APP; DEFECT ON OUR APP; DELAY IN OPERATION OR TRANSMISSION OF OUR APP; COMPUTER VIRUS OR LIKE FAILURE; DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
- PUNITIVE DAMAGES.
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES.”)
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTAL DAMAGES.”)
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN $5,000.00.
You agree to defend, indemnify, and hold harmless Pulse, 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 our App, any use of our App’s content, services, and products, other than as expressly authorized in these Terms, the submission or uploading of Posted Content to our App by you, your violation of any law or of any rights of any third party, or your use of any information obtained from our App.
16. Linking to our App 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 express written consent.
Our App may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on our App.
- Send e-mails or other communications with certain content, or links to certain content, on our App.
- Cause limited portions of content on our App 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 solely with respect to the content with which they are displayed. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause our App or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
- Link to any part of our App other than the homepage.
- Otherwise take any action with respect to the materials on our App that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. 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.
17. Links to Websites
We sometimes provide referrals to and links to websites from our App. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our App. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Pulse operated site or have moved to another site. Pulse is not responsible for the content or practices of third party sites that may be linked to our App. When Pulse provides links or references to other websites, no inference or assumption should be made and no representation should be inferred that Pulse is connected with, operates or controls these websites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any Pulse site or endorsement, sponsorship or support of Pulse, including its respective employees, agents or directors.
18. Termination of This Agreement
This agreement is effective until terminated by either party. You may terminate this agreement at any time, by deleting our App and destroying all materials obtained from our App, along with all related documentation and all copies and installations. Pulse may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials obtained from Pulse. In addition, by providing material on our App, we do not in any way promise that the materials will remain available to you, and Pulse is entitled to terminate all or any part of any of our App without notice to you. Termination of these Terms will not limit any of Pulse’s rights or remedies at law or in equity.
19. Jurisdiction and Other Points to Consider
If you use our App from locations outside of the United States, you are responsible for compliance with any applicable local laws. These Terms shall be governed by, construed and enforced in accordance with the laws of Nebraska, without regard to its conflict of law provisions, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate Pulse and/or its affiliates’ intellectual property rights, Pulse and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Nebraska, and you consent to exclusive jurisdiction and venue in such courts.
20. Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Douglas County, Nebraska. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Douglas County, Nebraska, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. You covenant not to sue Pulse in any other forum.
You also acknowledge and understand that, with respect to any dispute with Pulse arising out of or relating to your use of our App or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
21. FTC Disclosure on Testimonials and Endorsements
Testimonials/endorsements on our App may have received compensation.
22. Waiver and Severability
No waiver by us of any term or condition set forth 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 us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
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 these Terms will continue in full force and effect.
23. Information and Minors
In accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), Pulse will never knowingly solicit, nor will Pulse accept, personally identifiable information from users known to be under 13 years of age.
24. Electronic Communications, Transactions and Signatures
Using our App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA OUR APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
25. Entire Agreement
If there are any questions regarding Pulse or these Terms, please contact Pulse at:
Pulse App, LLC
11808 Grant Street, Suite 100
Omaha, NE 68154