By visiting or shopping at this web site, you accept the following terms and conditions. Please read them carefully.
Pulse Arts is not responsible, in any way, for providing, or helping to provide, businesses’ responses to the consumer complaints that are posted on the PulseArts.org site, and /or forwarded to businesses.
Many complaints posted to PulseArts.org are an historical ‘snapshot’ of an ongoing situation, as seen through the eyes and perception of an individual consumer. Sometimes this may ocurr with incomplete or inaccurate information at the consumer’s disposal. The point is, the consumer had a positive intent in writing their message; in helping themselves, in helping other consumers, in helping the subject business provide a better product or service. This positive intent, as perceived by Pulse Arts , is a requirement for a consumer to post a message to PulseArts.org ‘s forums & product reviews.
You certify to Pulse Arts that you are an individual at least 13 years of age or that you have provided Pulse Arts with the appropriate valid COPPA authorizations forms if you are under 13 years of age. You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site. These COU are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. You also agree that you will comply with any local laws or regulations that may apply to your use of Services, including, without limitation, any laws requiring registration or filings with local authorities, and the payment of any taxes. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Services.
Pulse Arts requires that any information posted by you regarding a company is truthful, factual, and represents an actual incident. Companies are protected by law from false claims against them. Your complaint could be construed as a claim about a company and may be subject to libel laws. Please verify that all information submitted is accurate and factual.
As a user of the Site, you acknowledge that Pulse Arts does not pre-screen or edit user authored content but that Pulse Arts and its designees shall have the right, (but not the obligation) in their sole discretion, to edit or move any content that is available via the Site. Without limiting the foregoing, Pulse Arts and its designees shall have the right to remove any content that violates the COU or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy and completeness of such content.
You acknowledge that PulseArts.org may preserve your content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonable necessary to: (a) comply with a legal process, (b) enforce the COU, or (c) respond to any claims that the content violates the rights of third parties.
In the event that you post or make accessible communications or other materials that infringe the copyrights of a third party, Pulse Arts shall take the actions described in copyright infringement policy pursuant to the Digital Millennium Copyright Act.
Any use by you of any other user’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Conditions of Use. Site is to be used by you for your personal use only. Commercial uses of Site are strictly prohibited unless prior written consent from Pulse Arts has been granted. You agree that you will not use Site for chain letters, junk mail, ‘spamming,’ solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You further agree not to use Site to send or post on message boards or any place on Site, any message, material or user name that is unlawful, harassing, libelous, defamatory, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, or inaccurate material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. PulseArts.org reserves the right to delete any such material from Site. Pulse Arts will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Conditions of Use contained in this Section 3.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Pulse Arts .
You agree not to post or use Site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
Pulse Arts SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE MALFUNCTION OF THE SITE OR SERVICES FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Pulse Arts HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold each of PulseArts.org , its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Site or Services, the violation of these Conditions of Use by you, or the infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.
These Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions.
In the event that Pulse Arts determines, at its sole discretion, that you have breached any portion of these Conditions of Use, or have otherwise demonstrated conduct inappropriate for the community of Site, Pulse Arts reserves the right to (i) warn you via e-mail that you have violated these Conditions of Use, (ii) delete any content provided by you or your agent(s) to Site, (iii) delete all content provided by you to Site, (iv) discontinue your registration with Site and/or any other PulseArts.org community, (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action, and/or (vi) take any other action which PulseArts.org deems to be appropriate.
Pulse Arts reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Conditions of Use or (ii) your registration with or ability to access Site and/or any other service provided to you by Pulse Arts upon any breach by you of the Conditions of Use.
Customers of the store may be reminded via single email after purchase to leave a review. Customers may revoke my consent at any point.
In the event that any provision of the Conditions of Use conflicts with the law under which the Conditions of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Conditions of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Conditions of Use will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Conditions of Use or to exercise any right under the Conditions of Use will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Pulse Arts may assign its rights and obligations under these Conditions of Use and upon such assignment Pulse Arts may be relieved of any further obligation hereunder.
These Conditions of Use and any additional terms (as such terms shall be identified when posted on site by Pulse Arts ) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Pulse Arts reserves the right to charge fees, surcharges and/or membership fees at any time.
BY USING THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Conditions of Use govern your use of Site and all services provided in connection with Site, including but not limited to any e-mail accounts provided to you by Pulse Arts . Pulse Arts shall not be liable to you for any breach of these Conditions of Use. If you do not agree to these Conditions of Use, please do not register for, use or enter Site.
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© 2023 Pulse Arts. All Rights Reserved.
© 2023 Pulse Arts. All Rights Reserved.