Pulse Insights Terms of Service
The following terms and conditions govern all use of the Pulse Insights website and all content, services and products available at or through the website, including, but not limited to, the Pulse Insights Service (“Service”) and professional services (taken together, Pulse Insights Service). Pulse Insights Service is owned and operated by Pulse Insights, LLC. (“Pulse Insights”).
1. Your Pulse Insights Account and Site. If you create an account on the Service, you are responsible for maintaining the security of your account and account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Pulse Insights of any unauthorized uses of your account, your account or any other breaches of security. Pulse Insights will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. If you delete Content or your account, Pulse Insights will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Pulse Insights has the right (though not the obligation) to, in Pulse Insights’ sole discretion (i) refuse or remove any content that, in Pulse Insights’ reasonable opinion, violates any Pulse Insights policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Pulse Insights’ sole discretion. Pulse Insights will have no obligation to provide a refund of any amounts previously paid.
4. Payment and Renewal. ◦ General Terms. You agree to pay Pulse Insights the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly, quarterly, or annual subscription period as indicated. ◦ Fees are not refundable. There is no fee to cancel accounts and you may cancel at any time. Pulse Insights may in its own discretion prorate previously billed charges based on the cancelation date. ◦ Automatic Renewal. Unless you notify Pulse Insights 30 days before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such services (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Service can be canceled at any time in the Account section of your site’s administration console.
5. Services. ◦ Fees; Payment. Once the evaluation period ends, as defined by deciding to deploy The Service in a production (customer facing) environment, you agree to pay Pulse Insights the setup fees (if applicable) and monthly service fees indicated at http://Pulse Insights.com/pricing or separately agreed upon pricing in exchange for the services listed at http://Pulse Insights.com. Applicable fees will be invoiced starting from the day your evaluation ends and in advance of using such services in an ongoing manner. Pulse Insights reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Pulse Insights Service can be canceled by you at anytime on 30 days written notice to Pulse Insights. ◦ Support. Pulse Insights Service includes access to email support, online ticket support, and phone support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Pulse Insights to respond within one business day, though we aim to respond faster) concerning the use of the Pulse Insights Service. Pulse Insights also enables in-application support ticket creation and makes best efforts to offer telephone support during east coast business hours. All Pulse Insights Service support will be provided in accordance with Pulse Insights standard Pulse Insights Service practices, procedures and policies. Pulse Insights makes best efforts to be on call 24×7×365 to solve critical production (customer facing) issues as defined by having a severe impact on a 75% or more pages or end users.
6. Responsibility of Service Visitors. Pulse Insights has not reviewed, and cannot review, all of the Content, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, Pulse Insights does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
7. Intellectual Property. This Agreement does not transfer from Pulse Insights to you any Pulse Insights or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Pulse Insights. Pulse Insights, the Pulse Insights logo, and all other trademarks, service marks, graphics and logos used in connection with Pulse Insights, or the Service are trademarks or registered trademarks of Pulse Insights or Pulse Insights’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Pulse Insights or third-party trademarks.
8. Changes. Pulse Insights reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Pulse Insights may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
9. Termination. Pulse Insights may terminate your access to all or any part of the Service at any time though will make best efforts to give 30 or more advance days notice. If you wish to terminate this Agreement or your Pulse Insights account (if you have one), you may simply discontinue using the Service or cancel from the Administration Console. Notwithstanding the foregoing, if you have a Pulse Insights Service account, such account can be terminated by Pulse Insights if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Pulse Insights’ notice to you thereof; provided that, Pulse Insights can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 10. Disclaimer of Warranties. Pulse Insights Service is provided “as is”. Pulse Insights and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pulse Insights nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you utilize the Service at your own discretion and risk.
10. Limitation of Liability. In no event will Pulse Insights, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Pulse Insights under this agreement during the twelve (12) month period prior to the cause of action. Pulse Insights shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. Indemnification. You agree to indemnify and hold harmless Pulse Insights, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement. Miscellaneous. This Agreement constitutes the entire agreement between Pulse Insights and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pulse Insights, or by the posting by Pulse Insights of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of New York U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York, NY. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York, NY, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pulse Insights may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Updated Dec 5, 2012