Terms of Use

PULSE WEBSITE TERMS OF USE AGREEMENT

THESE TERMS OF USE GOVERN YOUR USE OF THIS WEBSITE, WHICH IS PROVIDED BY PULSE NETWORK LLC, A DELAWARE LIMITED LIABILITY COMPANY AND ITS AFFILIATES ("PULSE"). THESE TERMS OF USE ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND PULSE PERTAINING TO THE ACCESS AND USE OF THE SERVICES OFFERED, AND ALL PRODUCTS, INFORMATION, CONTENT, MEDIA, PRINTED MATERIALS AND "ONLINE" OR OTHER ELECTRONIC DOCUMENTATION ACCESSIBLE FROM WWW.PULSENETWORK.COM OR ANY SUB-DOMAINS THEREOF OR OTHER WEBSITES OPERATED BY OR FOR PULSE (THE "SITES"). THE SITES (OR PORTIONS THEREOF) ARE ALL OFFERED BY PULSE TO YOU FREE OF CHARGE ON THE EXPRESS CONDITION THAT YOU ACCEPT, WITHOUT MODIFICATION, AND ABIDE BY THESE TERMS OF USE. BY ACCESSING THE SITES, YOU ARE (I) INDICATING YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS OF USE, AND (II) REPRESENTING TO PULSE THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT THESE TERMS OF USE AND THE PULSE PRIVACY POLICY. THESE TERMS OF USE AND THE PRIVACY POLICY ARE SUBJECT TO CHANGE BY PULSE AT ANY TIME IN ITS DISCRETION WITHOUT NOTICE. YOUR USE OF THE SITES AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Ownership of and Access To The Sites

The Sites are published and maintained by PULSE for your reference and information. You are welcome to browse, download from, communicate with, and otherwise use the Sites subject to the terms and conditions contained herein and all applicable laws, rules, and regulations. PULSE retains the right to refuse you access to the Sites or any of its resources, and to terminate or suspend your access at any time.

Restrictions On Use

You may use the Sites for purposes expressly permitted by PULSE, as set forth in these Terms of Use. You may not use the Sites for any other purpose, without PULSE's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand the Sites (or any page thereof), or (ii) frame the Sites (or any page thereof), or (iii) hyper-link to the Sites (or any page thereof), without the express prior written permission of an authorized representative of PULSE. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Sites or content accessible within the Sites. You agree to cooperate with PULSE in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Proprietary Information

The material and content accessible from the Sites, and any other World Wide Web site owned, operated, licensed, or controlled by PULSE (the "Content") is the proprietary information of PULSE or the party that provided the Content to PULSE, and PULSE or the party that provided the Content to PULSE retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, reproduced, displayed, downloaded, translated, distributed, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of PULSE, except that you may print out a copy of the Content solely for your personal, non-commercial use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates PULSE's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Sites. Nothing in these Terms Of Use should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of PULSE or any third party.

Hyper-Links

The Sites may be, from time to time, hyper-linked to other websites that are not maintained by, or related to, PULSE. Hyper-links to such websites are provided as a service to users and are not sponsored by or affiliated with the Sites or PULSE. PULSE has not reviewed any or all of such websites and is not responsible for the content of those websites. Hyper-links are to be accessed at the user's own risk, and PULSE makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the websites hyper-linked to the Sites. Further, the inclusion of any hyper-link to a third-party website does not necessarily imply endorsement by PULSE of that website.

Submissions

You may post messages, text, photos, testimonials or other content on the Site via the public forums. Any content submitted to PULSE will be treated as non-confidential and non-proprietary, You hereby grant to PULSE the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, post and display all content, remarks, suggestions, ideas, photographs, graphics, or other information communicated to PULSE through the Sites (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted by you. By posting such content on the Sites, you represent to PULSE that you own or have the right to use and permit PULSE to use such content in the manner stated above. You agree not to post any photographs or text that belongs to any person other than yourself or that contains the name, voice, likeness or other personally identifiable information of any person other than yourself unless you first obtain permission to do so from that person. PULSE will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future PULSE operations.

PULSE understands that many visitors to the Sites may be concerned about the information that they may provide or that may be generated from their use of the Sites and how PULSE may use such information. Protecting privacy is an important priority to PULSE. Our Privacy Policy governs the collection, use, retention and disclosure of personal information gathered from the Sites. PULSE will treat any personal information that you submit through the Sites in accordance with its Privacy Policy.

Site Services

Services. In furtherance of its debit card service offerings, PULSE may offer from time to time certain services or features on the Sites (including without limitation, bulletin boards, message boards, blogs, chatrooms, public forums and tutorials) (collectively, the "Services"). The following terms under these Terms Of Use pertain to your ability to use the Services made available by PULSE on the Sites. PULSE will permit your use of the Services free of charge on the express condition that you accept, without modification, and abide by these Terms Of Use, only for as long as your use of the Services are in furtherance of the use of PULSE's debit services.

Account Set Up. Browsing of the Sites public pages is currently provided free of charge to any person. However, access to the Services and certain features of the Sites will require an account to be first established and activated for you. You may sign up for an account by accessing the Sites and following the direction for setting up an account. When you register for an account, you will be asked to create a unique user name (and/or a forum name), a password and a valid email address for your account. You will be asked whether you have read these Terms Of Use and agree to abide by its terms. You may be asked specific questions if you are seeking to use certain features of the Sites (such as DEBITPROTECT Forum), and your answers to those questions will determine whether or not you are eligible to register for those features. If you answer "I agree" and you answer all of the questions posed for each feature and otherwise are eligible, your account may be activated. If you answer "I Do No Agree" or otherwise do not answer all of the questions or otherwise are not eligible, your account will not be activated and you will not be permitted to access the Services online. PULSE reserves the right to decline to activate an account for any person for any reason. If your account is activated, you will receive a notification email immediate after you register and you must confirm your email address and acceptance of these Terms of Use by clicking on the confirmation link in the notification email. Once you have confirmed, you will be permitted to log in, view, load, post and use the Services and the specific features of each PULSE public forum or service for which you have been registered. By making such confirmation, you acknowledge that you have read these Terms Of Use, understand your rights and obligations, and agree to be bound by these Terms Of Use. You acknowledge that certain Services will be provided subject to additional terms and conditions (or a separate written agreement only) and you agree that you will abide by such additional terms and conditions applicable to those Services.

Password Protection. You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name or your account made by you or others. You will immediately notify PULSE if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Sites for which you have been granted permission to use by PULSE.

Account Requirements. In consideration of your use of the Sites and the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Sites or the Services or any portion thereof.

Boards & Other Public Forums. As part of your account, you may participate in certain bulletin boards, message boards, blogs, chatrooms, instant messaging and other public forums. Your participation is voluntary; however by choosing to post or send a message or blog or otherwise participate in any public forum, you acknowledge and agree that any information or content provided by you may be viewed by the general public and will not be treated as private or confidential. You further agree that PULSE may use the posted content in any manner that it deems necessary or appropriate. PULSE reserves the right to edit or abridge content for any reason and to edit, refuse to post or remove any content submitted by you or others. PULSE cannot and does not guarantee that it will post every content submitted or that such content will not be offensive, defamatory, or objectionable. Although PULSE reserves the right to remove without notice any posting for any reason, PULSE has no obligation to delete content that you personally may find objectionable or offensive. PULSE does not control in real time the information posted via the Services and as such does not guarantee the accuracy, integrity or quality of such information. In addition to other disclaimers found in these Terms of Use, PULSE does not endorse or make any warranties or representations with regard to the accuracy, completeness or timeliness or any content posted on any PULSE public forum.

PULSE® ATM Locator Service. The following terms and conditions shall apply for the use of the PULSE ATM Locator email notification Locator service ('Service'). 'You' or 'your' means the person or entity obtaining the Service. 'We' or 'us' means PULSE.

BY SUBMITTING A QUERY, BY USING THE MATERIALS, OR ACCEPTING THESE TERMS AND CONDITIONS YOU SIGNIFY ELECTRONICALLY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED HEREIN (THE 'TERMS OF USE').

Please review these terms carefully. If you do not agree to these Terms of Use please do not submit a query or use this website.

We reserve the right, at our discretion, to update or revise these Terms of Use at any time. Your continued use of the "Services" (as described below) following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

The Service allows you to request ATM and other cash dispensing locations to be delivered to you from PULSE via email. PULSE terminates when the email message is transmitted by the transmission source, and PULSE is not responsible for the Service after such transmission. We reserve the right to change, modify, add to or discontinue

The only information provided by you in connection with the Service is the email address to which the specified address location data is to be transmitted. We will use email address solely to provide the Service and shall not retain a copy of the number or email address after the Service is provided. You authorize us to use the email address for such purpose.

Availability of Service. PULSE reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party's information or content will be retained and the maximum amount of disk space that will be allotted on PULSE's servers on your behalf. Without limiting the foregoing, you agree that PULSE shall have no responsibility or liability for the deletion or failure to deliver or store your content on any other public forum, or any information, pictures, or content provided by or stored by you on any public forum, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of PULSE. You acknowledge that PULSE reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that PULSE shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.

Services Indemnification. IN ADDITION TO THE GENERAL INDEMNIFICATION PROVIDED UNDER THESE TERMS OF USE, YOU WILL INDEMNIFY AND HOLD PULSE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY PULSE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS PERTAINING TO PULSE'S USE OF THE INFORMATION AND CONTENT PROVIDED FOR ANY PUBLIC FORUM, YOUR FAILURE TO ABIDE BY THESE TERMS OF USE, YOUR WILLFUL MIDSCONDUCT OR GROSS NEGLIGENCE, OR ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME, PERSONALLY IDENTIFIABLE INFORMATION OR CONTENT PROVIDED FOR ANY PUBLIC FORUM, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY OR EXPENSE ARE BASED IN WHOLE OR IN PART ON PULSE'S OWN NEGLIGENCE. IN NO EVENT SHALL PULSE'S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF $1000.00

Disclaimer

You acknowledge that PULSE cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Sites for the reconstruction of any lost data. PULSE does not assume any responsibility or risk for your use of the Internet.

While PULSE endeavors to keep the materials on the Sites current, debit and other financial information changes rapidly and thus, the materials on the Sites should not be relied upon to be fully comprehensive or error free. The Content is not necessarily complete or up-to-date and should not be used to replace any written reports, statements, or notices provided by PULSE. Users should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own judgment. Information obtained by using the Sites is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

In certain parts of the Sites (particularly forums and blogs), PULSE permits third parties to provides advice, comments and information for informative and educational purposes in furtherance of PULSE's services. PULSE may from time to time post information provided by third parties that might be of interest or benefit to the public. You acknowledge that, irrespective of postings, the opinions and recommendations of third parties contained on the Sites are not necessarily those of PULSE or endorsed by PULSE.

YOUR USE OF THE SITEs IS AT YOUR OWN RISK. THE SITES AND THE CONTENT ARE PROVIDED "AS IS", "WITH ALL FAULTS", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PULSE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, OR NON-INFRINGEMENT . PULSE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER/COMPUTER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PULSE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PULSE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. YOU, AND NOT PULSE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITES OR ITS CONTENT. PULSE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in the Sites, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Sites, and PULSE does not undertake any obligation to update such information after it is posted or to remove such information from the Sites if it is not, or is no longer, accurate or complete.

Limitation of Liability

In no event and under no circumstances shall PULSE or the contributors of information to the Sites or our licensors or authorized representatives be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user's) or any unrelated party's use or inability to use the Sites, or your (or any authorized user's) or any unrelated party's reliance or use of Content, information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms Of Use fail of their essential purpose.

Indemnity

YOU HEREBY INDEMNIFY AND AGREE TO HOLD HARMLESS PULSE, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND INSURERS, FROM AND AGAINST ANY AND ALL LIABILITY AND EVERY LOSS, COST, CLAIM, DEMAND, CAUSE OF ACTION AND EXPENSE (INCLUDING, WITHOUT LIMITATION, THE COST OF INVESTIGATING ANY CLAIM, THE COST OF LITIGATION AND ATTORNEYS' FEES, WHETHER OR NOT LEGAL PROCEEDINGS ARE INSTITUTED) PAID OR INCURRED BY ANY ONE OR MORE OF THEM ARISING FROM, ATTRIBUTABLE TO, OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITES, THE CONTENT, OR ANY INFORMATION OR SERVICES PROVIDED THROUGH THE SITES. YOU ACKNOWLEDGE AND AGREE THAT YOU INTEND THE INDEMNIFICATION PROVIDED FOR HEREIN TO INCLUDE INDEMNIFICATION FOR NEGLIGENCE OF PULSE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PULSE, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND INSURERS, FROM AND AGAINST ANY AND ALL LIABILITY AND EVERY LOSS, COST, CLAIM, DEMAND, CAUSE OF ACTION AND EXPENSE ARISING OUT OF ANY ACT OR OMISSION BY YOU IN VIOLATION OF THESE TERMS OF USE, OR ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION.

Waiver of Liability

YOU ACKNOWLEDGE AND AGREE THAT PULSE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, CLAIM, DEMAND, CAUSE OF ACTION OR EXPENSE (INCLUDING, WITHOUT LIMITATION, THE COST OF INVESTIGATING ANY CLAIM, THE COST OF LITIGATION AND ATTORNEYS' FEES, WHETHER OR NOT LEGAL PROCEEDINGS ARE INSTITUTED), OR ANY COMPENSATORY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS), ARISING FROM ANY ACCESS TO, USE, OPERATION OR FAILURE OF ANY AN DALL PULSE SITES, OR ANY CONTENT, INFORMATION OR ANY SERVICES PROVIDED BY, THROUGH OR IN CONNECTION WITH THE SITES. YOU AGREE TO RELEASE, IDEMNIFY AND HOLD HARMLESS PULSE FROM AND AGAINST ANY OTHER LIABILITY INCLUDING, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE OF PULSE.

Trademarks/Service Marks

All right, title and interest in the Sites and any content included or available on the Sites, such as advertisements, text, graphics, logos, button icons, images, audio clips, service marks, and software, is the exclusive property of PULSE and/or third parties and is protected by copyrights, trademarks, or other intellectually and proprietary rights. The compilation (meaning the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of PULSE and/or third parties and is protected by copyrights or other intellectual property rights. PULSE and any party that provided trademarks, service marks, and logos to PULSE retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in the Sites.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the PULSE Sites are registered and unregistered Trademarks of PULSE and others. PULSE®, the PULSE Design Mark® , PULSE PAY® , the PULSE PAY Design Mark® , PULSE Debit Solutions® , the PULSE Debit Solutions Mark® , PULSE Access® , the PULSE Access Design Mark® , PULSE OnlineSM , the PULSE Online Design MarkSM , PULSE PIX 2® , the PULSE PIX2 Design Mark® , PULSE Watch® , the PULSE Watch Design Mark® , Select ATM® , the Select ATM Design Mark®, Perks EverydaySM, the Perks Everyday Design MarkSM , Signature Points® , the Signature Points Design Mark®, PULSE® Net, PULSE® Net Design Mark®, DebitProtect®, DebitProtect Design Mark®, TechMecca® , and the TechMecca Design Mark® are, among others, Trademarks of PULSE in the United States and other countries (registered trademark denotations on the Sites indicate federal registrations in the United States). Nothing contained on any PULSE Sites should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites without the prior express written permission of PULSE or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the Sites is prohibited. PULSE aggressively enforces its intellectual property rights, including by initiating and diligently pursuing civil and criminal actions against offenders.

Information You Provide

You agree not to post, send, submit, publish, or transmit in connection with the Sites any material that:
  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to the Sites;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity or privacy;
  • violates any law or may be considered to violate any law;
  • impersonates any person or entity, including, without limitation, one of PULSE's or other's officers or employees or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Sites;
  • solicits funds, advertisers or sponsors;
  • includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Sites;
  • interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on PULSE or its licensors or suppliers' infrastructure;
  • involves the preparation and/or distribution of "junk mail", "spam", "chain letters", "pyramid schemes" or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violates the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003;
  • would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations;
  • involves the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized);
  • collect or store personal data about other account users or attempt to gain access to other account users' accounts or otherwise mine information about other account users or the Sites;
  • execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites' servers or any data not intended for you;
  • attempt to circumvent authentication or security of any content, host, network or account ("cracking") on or from the Sites;
  • are contrary to PULSE's public image, goodwill, reputation or business interests;
  • includes MP3 format files;
  • amounts to a 'pyramid' or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of the Sites or any networks connected to the Sites; or
  • contains hyper-links to other websites that contain content that falls within the descriptions set forth above.
In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of PULSE or its licensors or supplier's content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of PULSE or its licensors or supplier's software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms of Use to any third party, or otherwise commercially exploit or profit from the information or content of the Sites (or any part or portion thereof).

IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.

PULSE reserves the right to monitor use of the Sites to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither PULSE nor any third party that provides Content to PULSE will assume or have any liability for any action or inaction by PULSE or such third party with respect to any submission.

Term & Termination

These Terms Of Use are effective from the date that you first access the Sites or on the date that you activate your account for the Services, whichever is earlier, and continues in effect until terminated in accordance with these Terms of Use.

PULSE may terminate your access to the Sites or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms Of Use; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (iv) unexpected technical or security issues or problems; (v) extended periods of inactivity; (vi) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (vii) discontinuance of the Services as a whole; (viii) a statement by you that you no longer agree to these Terms of Use, or a statement by you otherwise requesting termination of your access to the Services; (ix) completion of the Service in which you are participating; and/or (x) any other reason reasonably considered by PULSE to be in its best interest.

Your access to the Sites or the Services also will terminate automatically if you fail to comply with any term or provision of these Terms Of Use. You agree that any termination of your account and/or your access to the Sites or the Services may be effected without prior notice and you acknowledge and agree that PULSE may immediately deactivate or delete your account and all related information, files or content in your account and/or bar any access to such information or content by you or others. PULSE shall not be obligated to return or provide copies of any information, files or content in your account to you upon deactivation.

You may deactivate your account at any time subject to full payment of any costs, if any, charged to your account(s). In order for us to deactivate your account, you must provide us with written notice. You may look under "My Account" and follow the instructions for providing written notice to us so that your account will be deactivated. You acknowledge that our entire liability and your exclusive remedy under these Terms Of Use for any dispute with us shall be your right to terminate your account in accordance with this section.

You further agree that the PULSE shall not be liable to any third-party for any termination or deactivation of your access to your account(s) or the Sites.

Upon termination, PULSE will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to PULSE with respect to the Services terminated or the Sites; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms of Use, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to the Sites or the Services.

Security

You will be responsible for the security of any username or password that may be issued to you by PULSE or that you may acquire or obtain. Usernames and passwords will generally only be provided by PULSE to representatives and agents of those persons, entities, or organizations that participate in the electronic funds transfer network operated by PULSE. In any event, usernames and passwords shall be issued by PULSE in PULSE's sole and absolute discretion. PULSE will be entitled to monitor your username and password and, at its discretion, require you to change either or both of them. If you use a username and/or password that PULSE considers insecure, PULSE will be entitled to require the username and the password to be changed or PULSE may terminate your account.

You are prohibited from using any services or facilities provided in connection with the Sites to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, PULSE reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. PULSE reserves the right to investigate suspected violations of these Terms of Use.

PULSE reserves the right to share, assign or transfer the Sites (or any part thereof) and your account information to any of our affiliates or any successor in interest to our organization by merger, reorganization, or operation of law.

From time to time, PULSE may be required to provide your account information or Content in response to a valid court order, subpoena, government investigation, or as otherwise required by law, or if we reasonably believe that you have committed unlawful acts or acts that may endanger the health or safety of another user or the general public. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. We may release certain account information when we believe that such release is reasonably necessary to protect the rights, property, and safety of others and ourselves. PULSE reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing PULSE to disclose the identity of anyone posting any messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS PULSE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PULSE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PULSE OR LAW ENFORCEMENT AUTHORITIES.

Notice of Claims of Intellectual Property Violations

The content of the Sites may include pictures, information, statements, blog or forum entries, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. PULSE reserves the right to, but it is not obligated to, review all such materials prior to posting. PULSE will not permit the use of content on the Sites that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms Of Use. If you believe that any of the content on the Sites infringes your copyright or trademark rights or your rights of publicity, please provide PULSE's general counsel (whose contact information provided below) with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PULSE to locate the material.
  4. Information reasonably sufficient to permit PULSE to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PULSE's agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is its General Counsel, who can be reached, as follows:

By email: johneikenburg@pulsenetwork.com
By mail: PULSE
Attention: PULSE Legal
1301 McKinney, Suite 2500
Houston, Texas USA 77010
By phone: 800-420-2122

Please provide all of the information requested above. No specific form is required to provide PULSE with notifications of possible infringement. However, it will take PULSE longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice. Also please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of possible infringement submitted electronically with an attachment will not be received or processed.

Deactivation of the Sites

PULSE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, or any part or portion thereof. Nothing in these Terms Of Use shall be construed to obligate PULSE to maintain and support the Sites, or any part or portion thereof, during the term of these Terms Of Use.

Site Location

THE SITES ARE MANAGED IN THE STATE OF TEXAS, UNITED STATES OF AMERICA. PULSE MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. PULSE MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding any principles of conflicts of law, and the applicable laws, regulations and treaties of the United States of America. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and PULSE arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Houston, Harris County, Texas. You agree that the statute of limitations for any claim against PULSE shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived. You agree that, if the terms of these Terms Of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Failure by us to enforce any particular term of these Terms Of Use shall not be construed as a waiver of any of our rights hereunder. These Terms of Use (and each supplemental agreement referenced in or referencing these Terms Of Use found on the Sites) constitute the entire and integrated agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on the Sites will govern the items to which they pertain. PULSE may revise these Terms of Use at any time by updating this posting.

Posted: March 16, 2011