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
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.
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.
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.
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.
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.
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
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.
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.
IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Term & Termination
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.
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.
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.
Notice of Claims of Intellectual Property Violations
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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.
- 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.
- 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.
- 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.
|Attention: PULSE Legal|
|1301 McKinney, Suite 2500|
|Houston, Texas USA 77010|
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
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
Posted: March 16, 2011