Pulseway Website Terms of Use Statement Effective as September 1, 2023
1. Scope of Terms.
These Website Terms of Use (the “Website Terms”) govern your use of all websites provided by Pulseway (the “Websites”) as well as the information found on the Websites (“Website Materials”). Before you access and use a Website or Website Materials, please read these Website Terms and understand that by visiting, accessing, copying and/or otherwise using (“using”) the Websites and Website Materials, you agree to these Website Terms.
2. Your License to Use the Websites.
This paragraph, including the described limitations and conditions, sets forth your right to use the Websites and Website Materials (the “Website License”). Pulseway allows you to use Websites and Website Materials solely for internal purposes within your organization. You may not post, modify, distribute, or reproduce the Website Materials without prior approval from Pulseway, as well as the third party copyright owners of Website Materials. We may terminate an account or deny a user access to Websites if we believe that it was involved in the infringement of the intellectual property rights of Pulseway or a third party, including copyrights. If you are given permission to make a copy of Website Materials by Pulseway, you shall include all copyright and other proprietary notices on those copies in the same manner as they appear on the Websites and Website Materials. The rights described herein do not confer on you any ownership rights in the Websites or Website Materials. You may not use Website Materials to compete with Pulseway or otherwise to the detriment of Pulseway.
3. Ownership of Websites and Website Materials.
The Website and Website Materials. Pulseway and its licensors own all rights, title and interest in the Websites and all Website Materials, including all intellectual property rights in the foregoing such as copyrights and trademarks.
Trademarks and Branding. Pulseway’s names, trademarks, logos, domain names, and other branding (“Pulseway Marks”) are the sole property of Pulseway, regardless of whether the Pulseway Marks are formally registered. Other brands, marks, names and trademark found on the Websites or Website Materials are the intellectual property of their respective owners, and are used to identify the goods, services and materials of those owners (“Third-Party Marks”). You may only use Pulseway Marks or Third-Party Marks in compliance with applicable laws, rules and regulations (“Applicable Law”). Unless Applicable Law allows you to use a Pulseway Mark or Third-Party Mark without the consent of the owner, you must cease use of such Mark immediately upon the owner’s request.
Your Copyrights. If you believe that the Websites or Website Materials contain and/or infringe upon your intellectual property rights, please provide us written notice at legal@pulseway.com. Please include in that notice: (1) a description of the work or other intellectual property that you claim has been infringed; (2) a description of where the allegedly infringed material is located on our Website; and (3) your name, address, telephone number, and email address. We will investigate the matter and, if the allegedly infringed material was posted by a third party, we will use reasonable efforts to identify that third party. We will then provide notice to that third party of your claim. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.
Except as specifically permitted by these Website Terms, any use, copying, modification, republishing, transmitting or distribution of the Websites and Website Materials is prohibited unless Pulseway has specifically approved of such in writing.
4. Your Access to Our Website, and Submissions.
Your Access to the Websites. User access to the Websites and any Website License is governed by Applicable Law, including export control laws and local laws. The use, posting, publishing and/or distribution of the Websites and/or Website Materials may be prohibited, depending on your location. It is your responsibility to ensure that all your interactions with the Websites and Website Materials comply with Applicable Laws. If you are a United States governmental entity, please be aware that the Website, Website Materials and all Pulseway goods and services are commercial in nature, and therefore subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.
Submissions To Our Website. With the exception of information provided by you through our Websites in order to purchase goods or services or use our SaaS platforms as a subscribing customer (“Purchasing Information”), Pulseway does not want to receive your confidential or proprietary information through its Websites. Except for Purchasing Information, (a) Pulseway will not treat information that you send to us through Websites (“Submissions”) as confidential or proprietary, and; (b) Pulseway may display, publish, distribute, or otherwise use in any manner any Submissions in its discretion, without any obligation to you or any third party. Pulseway does not, in the general course of its business, review or monitor Submissions (for example, posts in chat rooms), and you are fully responsible and liable for any Submissions that you provide, including those that violate Applicable Law. Pulseway reserves the right to review Submissions, and remove Submissions in its sole discretion.
Privacy. Pulseway complies with Applicable Laws regarding information that it collects through your use of the Website. Please review the Pulseway Privacy Policy, which can be accessed here, for more information regarding our use of your information.
5. Disclaimers and Limitations.
Website Materials. Unless otherwise represented by Pulseway in writing, Pulseway may modify or delete Website Material at any time without notice. Pulseway strives to provide error-free Websites and Website Materials, however, Pulseway is not responsible or liable for any such errors including, but not limited to, information that has not been properly updated. Information regarding third-party products or services is provided as a courtesy, without liability or responsibility on the part of Pulseway, and does not constitute an endorsement or recommendation of such third party products or services.
Interruptions in the availability of the Websites may occur and Pulseway is not liable for any damage such interruptions may cause, or destructive or intrusive computer programs that may be delivered through your access or use of the Websites. Website Materials may include information about Pulseway products, programs and services that are not available to you for various reasons such as, for example, your geographical location. Website Materials should not be construed as a promise or implication that Pulseway will make any particular product, program or service available to you.
THE WEBSITES AND WEBSITE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PULSEWAY, ITS LICENSORS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER PULSEWAY, NOR ITS SUPPLIERS NOR ITS LICENSOR SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITES OR THE WEBSITE MATERIALS, EVEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PULSEWAY’S TOTAL LIABILITY FOR ANY DAMAGES ARISING FROM USE OF THE WEBSITES OR WEBSITE MATERIALS SHALL BE LIMITED TO AMOUNTS PAID TO PULSEWAY FOR THE USE FROM WHICH THE DAMAGES ARISE OR, IF NO AMOUNTS HAVE BEEN PAID, LIMITED TO $100 FOR ALL SUCH DAMAGE, IN TOTAL.
You agree to defend, indemnify and hold harmless Pulseway and its affiliates, suppliers and licensors, and all of their representatives, owners, shareholders, officers, directors, agents, and employees from and against all liabilities, claims, costs and expenses, including attorney fees, that are caused by you and related to your use of the Website or Website Materials.
6. Links to Third Party Sites.
The Websites may link to the websites of third parties (“Third Party Sites”). You access Third Party Sites at your own risk. Pulseway is not responsible or liable for any aspect or use of Third Party Sites. For example, Pulseway has no liability for the accuracy or reliability of any content found on Third Party Sites. Pulseway does not endorse or recommend the Third Party Sites or any products or services described on the Third party Sites.
7. Access to Password Protected/Secure Areas.
There may be portions of Websites that are restricted and require the use of passwords or other such credentials for access (“Secure Website Areas”). Secure Website Areas are restricted to those who are authorized by Pulseway to access such portions of the Website, and are often subject to additional Pulseway terms and conditions such as, for example, the Pulseway End User License accessible here. If you are not authorized by Pulseway to access a Secure Website Area, you are prohibited from doing so, and if you attempt or successfully to do so, you may be subject to severe penalties including immediate termination of any relationship between you and Pulseway and prosecution. If you have been given credentials and authority to access a Secure Website Area, you are responsible for the security of such credentials, including account names, identification numbers or passwords.
8. Governing Law, Class Action Waiver and Miscellaneous.
Laws in various jurisdictions differ regarding website content that can be lawfully accessed or used. Pusleway makes no representation that Websites or Website Materials are lawful for use or access in any particular jurisdiction. If your access to the Websites or Website Materials is not lawful, you are hereby prohibited from such access or use, and you are fully responsible for such actions. Only this English version of the Website Terms is the authorized version. Any disputes, actions or proceedings relating to or arising out your use or access of the Website or Website Materials (collectively “Claims”), shall be governed, construed and enforced exclusively in accordance with the laws of the State of New York USA, without reference to conflicts of law principles. Claims may be brought only in the courts located in New York County, New York and must be filed within two (2) years after the Claim accrued. In exchange for the Website License and the right to use and access the Websites and the Website Materials, you hereby: (a) agree to refrain from participating in a representative capacity, or as a member of any class of claimants pertaining to any Claim, and; (b) waive your right to bring (or join) a Claim as a plaintiff or a class member in a class, consolidated, or representative arbitration, litigation or other proceeding. Claims must be brought on an individual basis. If any provision of these Website Terms is found to be invalid, such provision shall be reformulated such that it is valid but as closely interpreted as possible to the original provision; further, the other provisions of the Website Terms shall remain in full force and effect. If you violate these Website Terms, Pulseway reserves the right to seek all remedies available by law and in equity, and shall have the right to recover reasonable attorneys’ fees, costs and other expenses with respect to any action brought against you in which Pulseway was successful. Pulseway may revise these Website Terms at any time by posting such revised version, and therefore you should visit this page from time to time to review the then-current Website Terms, as they are binding on you.