Your access to and use of PULSE.TO is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is either unlawful or prohibited by these Terms and Conditions, express or implied. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website. Throughout this agreement, the term "Website" refers to the actual web site and all the associated services offered by the website, including but not limited to, the ability to send real time text notifications ("SMS").
Right to change availability and Terms and Conditions
PULSE.TO reserves the right to change or remove (temporarily or permanently) the Website or any part of it, including, but not limited to: The pulse management, the SMS gateway, the site itself or any component used to operate the site, without notice and you confirm that PULSE.TO shall not be liable to you for any such change or removal. PULSE.TO also reserves the right to change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change
Use of Pulse names and right to reclaim
PULSE.TO does not actively monitor pulse names that are registered. However, where we receive notice of a pulse name that makes a prima facie case for trademark infringement, we reserve the right to reclaim the pulse name. PULSE.TO is not responsible for any damages this may cause (See Limitation of Liability below). Where possible, PULSE.TO will give reasonable notice to the infringing pulse name owner.
PULSE.TO utilizes SMS gateways to deliver pulse messages to the end-user mobile phone. PULSE.TO does not send these messages using premium rates and do not explicitly charge the recipient for receiving a SMS (the pulse owner does have credits deducted from his PULSE.TO account for each message sent). However, you should be aware that the users mobile phone provider may charge for receiving text messages. You should communicate to your subscribers that standard messaging charges may apply.
Right to change pricing
PULSE.TO reserves the right to change its pricing model and business model at any time. PULSE.TO will always post current pricing conspicuously on its website and you will never be automatically billed at a higher rate. Where the price of a SMS credit is changed, PULSE.TO will honor your existing account balance up to a maximum of 500 credits. Credits in your account exceeding 500 will be refunded to you at the price you originally paid for them.
PULSE.TO does not and will not tolerate SPAM of any kind. Where PULSE.TO believes that the service is being used to solicit communication to mobile devices in a manner not intended, or to users who have expressed a desire to not receive communications or any other form of communication deemed to be spammed, PULSE.TO in its sole discretion will terminate a user account without notice and no liability.
Revealing account information
PULSE.TO reserves the right to reveal any and all of your registration data, record of pulse activity and contact information on request by any law enforcement agency or as a result of a legal subpoena. In addition, we will provide your name and provided support phone number to any user who sends a HELP request from their phone to your pulse.
Right to terminate account
PULSE.TO at all times reserves the right to terminate either a pulse or an account, with our without cause. PULSE.TO will do so at its discretion in order to best serve the needs of its members, our business and the community at large.
Links to Third Party Websites
The PULSE.TO Website may include links to third party websites that are controlled and maintained by others. In addition, the PULSE.TO website will display links inside user pulses. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to PULSE.TO or otherwise used by PULSE.TO as permitted by law. In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
Disclaimers and Limitation of Liability
The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
IN NO EVENT WILL PULSE.TO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DAMAGES, MISSED APPOINTMENTS OR MEETING, INCURRED AS A RESULT OF YOUR RELYING ON THE USE OF THIS SERVICE.
PULSE.TO makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive
You agree to indemnify and hold PULSE.TO and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against PULSE.TO arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with the law of USA and you hereby submit to the exclusive jurisdiction to the courts of the state of Georgia, USA.
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