U.S. Terms of Service
ConnectedPulse Inc. (“ConnectedPulse”, “AcuDose” “we”, “us” or
“our”) provides content, functionality and other products and services to you
when you visit connectedpulse.com (the “Website”) or use the AcuDose mobile
application (the “App”) (collectively, the “Services”). By accessing, browsing,
and/or using the Services, you acknowledge that you have read and agree to be
found at connectedpulse.com/
Privacy-Policy.aspx. These Terms apply to
United States users.
Certain of the features, functionality, tools, content and
promotions available on the App or Website or through the Services may be
subject to additional or supplemental terms and conditions ("Supplemental
Terms"). If you choose to access or use those features, functionality,
tools or content or participate in those promotions, the applicable
APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE "TERMS") CAREFULLY,
AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND
REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE,
THE TERMS INCLUDE:
o YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE
LAWS AND REGULATIONS;
o LIMITATIONS OF OUR LIABILITY TO YOU; AND
o A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK
RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON
AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING.
YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR
ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to
immediately. We reserve the right to change these Terms at any time (see
“Changes to these Terms” below.) By accessing, browsing and/or using the
Services after updates to these Terms have been posted, you agree to be bound
AGREEMENT BETWEEN YOU AND CONNECTEDPULSE.
Consequences of Non-Compliance
Your failure to comply with the Terms may result in the
suspension or termination of your account and/or access to the Services, and
may subject you to civil and criminal penalties.
DESIGN AND LIMITATION
The Services are only offered to individuals over the age of 18.
The AcuDose App is not a replacement for medical treatment, doctor or
healthcare professional. You are solely responsible for your usage of the
AcuDose App. If you have or think you may have any serious health conditions
that hinder your ability to use the Acudose App, do not use the Services and
contact your doctor right away for further medical evaluation. If any of the
below may apply to you, do not use the AcuDose App unless you have received a
medical examination from a physician or a healthcare professional clearing you
for use of the App.
Do not use the AcuDose App if you have any health condition that
may pose a risk to you when you use the app, including the following:
o You can not read from the AcuDose App.
o You can not hear the voice reminder from the
o You can not follow the instructions from the
o You do not know how to operate mobile phone
o You do not have wireless internet access or
mobile phone wireless service.
o If your doctor or healthcare professional
advise you against using AcuDose App.
AcuDose is designed to help users
take their medications as directed by their prescriptions correctly and on
time. Health and recovery can be better achieved by community efforts,
especially with chronic care and recovery. AcuDose connects your healthcare
providers, pharmacies, healthcare professionals and loved ones together. Please
read and follow user guide to maximize the benefits of AcuDose. However, we are
not liable under any circumstances for medications missed or taken incorrectly.
Due to the limitations of varies mobile phones, devices, the
operating systems of those devices, third party service such as WiFi internet
connectivity and mobile cell coverage, push notification service provider,
sufficient mobile device battery amount, sufficient AcuDose battery amount;
AcuDose App function can be affected or not functioning at all. Please make
sure you are aware and monitoring any possible disfunction and contact appropriate
third party service provider or AcuDose for support.
If you are accessing the Services from outside of U.S., you are
hereby prohibited from accessing or using the Services from any territory where
any part of the Services are illegal. If you access the Services from a
location outside the United States, you do so at your own risk and you are
solely responsible for compliance with applicable laws, rules and regulations,
including export laws and any regulations and local laws regarding online
conduct and content.
NO MEDICAL ADVICE
The App and Services enable Users to input information about
their experiences with pain, and receive exercise suggestions based on those
symptoms. You can use the Services to track your exercise schedule and the
progress of your symptoms. As you do, you will receive updated suggestions as
your symptoms evolve.
CONNECTEDPULSE DOES NOT PROVIDE MEDICAL ADVICE.
THE INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THE
SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO SUBSTITUTE
FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS
CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER REGARDING
QUESTIONS YOU HAVE ABOUT ANY MEDICAL CONDITION BEFORE MAKING HEALTH CARE
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR
OR 911 IMMEDIATELY. NEVER DELAY IN SEEKING PROFESSIONAL MEDICAL ADVICE OR
DISREGARD SUCH ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE APP OR SITE!
RELIANCE ON ANY INFORMATION OR OTHER CONTENT AVAILABLE ON OR
THROUGH THE SERVICES OR OTHERWISE PROVIDED BY CONNECTEDPULSE IS SOLELY AT YOUR
Changes to these Terms
ConnectedPulse reserves the right, in its sole discretion, to
amend the Terms, at any time and without prior notice, including to change,
modify, add to, update or remove terms and conditions (collectively
"amend" or "update"). If we choose to amend the Terms, we
will update the "Last Updated" date at the top of the Terms and post
the updated version. In the case of a material change, we may notify you by
e-mail or another means.
By continuing to use the Services after we have posted an
updated version of the Terms or otherwise notified you of an update, you are
affirming that you agree to be bound by the amended Terms. This provision is
subject to a few limitations in the "Dispute Resolution" section
below. If the amended Terms are not acceptable to you, your only recourse is to
stop using the Services.
No other modification, amendment, supplement of or to the Terms
will be binding on ConnectedPulse unless it is in writing and signed by an
authorized representative of ConnectedPulse.
Modifications and Updates to the Services
ConnectedPulse reserves the right, in its sole discretion, to
modify or discontinue offering the Services, in whole or in part, including any
features, functionality, tools or content thereof, at any time, for any reason
or no reason, with or without notice to you.
We may from time to time develop and provide updates for the
App, which may include upgrades, bug fixes, patches and other error corrections
and/or new features, functionality, tools or content (collectively,
"Updates"). Updates may also modify or delete features,
functionality, tools or content in their entirety. Based on your mobile device
settings, when your mobile device is connected to the Internet either: (a) the
Updates will automatically download and install; or (b) you may receive notice
of or be prompted to download and install available Updates. Please promptly
download and install all Updates. If you do not, portions of the App may not
properly operate. All Updates will be deemed part of the App and be subject to
all terms and conditions of the Terms.
You agree that ConnectedPulse has no obligation to provide any
updates or to continue to provide or enable any particular features,
functionality, tools or content, and will not be liable with respect to any
such modifications, discontinuance or deletions.
Before you are able to use the Services, you will be required to
register for a user account. You may register to create an account via the
Website or App.
You may not register for an account:
o if you are not able to form legally binding
contracts (for example, if you are under the age of 18);
o if you are a person barred from receiving
entering into contracts under the laws of the United States or other applicable
o on behalf of any other person; or
o on behalf of any company or other entity.
No person may have more than one active account at any given
You agree to provide complete, accurate and up-to-date
information during the registration process and to update such information as necessary
to ensure that it remains complete, accurate and up-to-date. Please note that
the name and contact information that you submit when you register may be used
and shared with our payment processing services provider and otherwise used in
When you create your account, you will be asked to create a
username and password, which you will be solely responsible for safeguarding.
We encourage you to use “strong” passwords (passwords that use a combination of
upper and lower case letters, numbers and symbols) with your ConnectedPulse
account or any other account that you may connect to your ConnectedPulse account.
You agree not to disclose your username or password to any third party, and you
agree to notify ConnectedPulse immediately at support@ConnectedPulse.com of any unauthorized use of your account.
You further acknowledge and agree that you will be solely responsible for any
activities or actions on or through your account, whether or not you have
authorized such activities or actions. ConnectedPulse cannot and will not be
liable for any loss or damage arising from your failure to comply with the
Account Suspension and Cancellation
We reserve the right to cancel accounts of Users who fail to
comply with the Terms, including failure to pay fees when due as set forth in
the "Fees and Payment Terms" and failure to comply with the terms and
conditions regarding User conduct, as set forth in the "General User
Conduct" section below.
FEES AND PAYMENT TERMS
If you are a U.S. user whose access to ConnectedPulse Services
is provided by your employer or insurance plan, the terms in this Section VI do
not apply to you because your employer or insurance plan will pay ConnectedPulse
You agree to pay the monthly subscription fee(s) at the rates in
effect when the charges are incurred, including any applicable taxes. Any
change in the subscription fee(s) will go into effect for the next billing
period after we provide notice of the change.
YOU ARE RESPONSIBLE FOR PROVIDING CONNECTEDPULSE WITH VALID
CREDIT CARD OR PAYMENT ACCOUNT DETAILS AND FOR THE TIMELY PAYMENT OF ALL FEES. ConnectedPulse’s
third party payment processor will automatically charge the credit card or
payment account associated with your account at the beginning of the billing
period, and billing will recur automatically at monthly intervals until you
change or terminate your account. If you want to designate a different credit
card or payment account, or if there is a change in your credit card or payment
account status, you must change your information in your account; this may
temporarily disrupt your access to your account while ConnectedPulse’s third
party payment processor verifies your new payment information. Any change in
the chosen payment method will go into effect for the next billing period.
ConnectedPulse itself does not collect or store payment card
information. Our payment processor is PCI-compliant.
If ConnectedPulse’s third party payment processor is unable to
successfully charge your credit card or payment account for fees due, we
reserve the right to revoke or restrict access to your account, or terminate
your account. If you terminate your account for any reason or if we terminate
your account due to your breach, such termination will be effective
immediately, and you will not receive a refund for any amounts you already paid
for that billing period. Further, you agree to reimburse us for any collection
costs and interest for any overdue amounts.
We may contact you via email regarding your account, for reasons
including, without limitation, a problem with your credit card or payment
Free Trial Offers
If you receive a free trial offer for a specific time period,
you will not be charged during the period of the free trial, but the
subscription fee will be automatically charged to the credit card associated
with your account for the subsequent period the day after your free trial
period has ended, in advance, in accordance with the “Subscriptions” terms
stated above. Thereafter, you will be charged at monthly intervals until you
decide to cancel. Please make a note of when your free trial will expire as you
may not receive additional notice prior to the automatic charge if you do not
cancel before the free trial period expires. Free trials are limited to one per
person. If you attempt to register for a second free trial offer, ConnectedPulse
will automatically charge your credit card in accordance with the
“Subscriptions” terms stated above. If you do not wish to pay the applicable
fees for a subscription, you should cancel your account before the free trial
period ends and not complete any subsequent registration for a subscription.
Unless we state in writing otherwise, all fees and charges are
Users may not:
o access, copy, store or use any aspect of the
App, Website, or Services for any purpose other than your own personal use;
o distribute, disclose, publish, sell, rent or
otherwise expose any aspect of the Services to any third party, except your
physician or other qualified health care provider, for any purpose except your
own personal treatment, or permit your physician or other health care provider
to access, copy, store or use any aspect of the Services for any other purpose;
o prepare derivative works from the Services;
o share your user ID or transfer your account to
any person without our consent
o circumvent our systems, policies,
determinations as to your account status, including by attempting to access or
use the Services if your account has been suspended or cancelled or you have
otherwise been temporarily or permanently prohibited or blocked from using the
o access, search, collect information from, or
otherwise interact with the Services whether by manual methods or by use of any
software, device, script or robot, or by any other means (automated or
otherwise), including by "scraping," "crawling" or
"spidering" the Services, to systematically retrieve content in order
to create or compile, directly or indirectly, in single or multiple downloads,
a collection, compilation, database, directory or the like (except that
crawling is permissible without further authorization if done in accordance
with the provisions of the robots.txt file only);
o access the Services other than through the
currently available, published interfaces that are provided by ConnectedPulse,
unless you have been specifically authorized to do so in a separate agreement
o mirror or frame any page, feature,
functionality, tool or content the Services, copy any aspect of the Services,
or use or display ConnectedPulse's name or any of ConnectedPulse's other
trademarks, logos or proprietary materials, without ConnectedPulse's express
o interfere with, disrupt, damage or compromise
the Services or our systems or the access of any user, host or network in any
way, including through the use of viruses, cancel bots, Trojan horses, harmful
code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing,
forged routing or electronic mail address information or similar methods or technology
or by overloading, flooding, spamming, mail-bombing the Services or otherwise
imposing an unreasonable or disproportionately large load on the Website or
o access, tamper with or use non-public areas of
any of the Services, ConnectedPulse's computer systems, or the technical
delivery systems of ConnectedPulse's providers;
o probe, scan, or test the vulnerability of any
system or network of ConnectedPulse or its providers, or breach or circumvent
any security or authentication measures of such system or network;
o avoid, bypass, remove, deactivate, impair,
descramble, or otherwise circumvent any technological measure implemented by ConnectedPulse
or any of ConnectedPulse's providers or any other third party to protect the
o forge any TCP/IP packet header or any part of
the header information in any e-mail or posting, or in any way use the Services
to send altered, deceptive or false source-identifying information;
o attempt to decipher, decompile, disassemble or
reverse engineer any of the code or software used to provide the Services;
o export or re-export the Services, except in
compliance with the export control laws and regulations of any relevant
o otherwise abuse the Services or breach the
o attempt to do any of the foregoing, or
advocate, encourage, assist or permit any third party to do any of the
ConnectedPulse reserves the right to investigate and prosecute
violations of any and all reports, complaints and claims, or otherwise suspected
misconduct or violations of the law to the fullest extent of the law.
Without limiting the foregoing, you acknowledge that ConnectedPulse
has the right, but not the obligation, at any time and without prior notice, to
monitor access to or use of the Services by any user, if we believe in good
faith that it is reasonably necessary (i) to comply with any law or regulation
or satisfy any legal process or governmental request (for example, a subpoena,
warrant, order or other requirement of a court, administrative agency or other
governmental body), (ii) to respond to claims asserted against ConnectedPulse,
(iii) to enforce and to ensure a user's compliance with the Terms, including
the investigation of potential violations, (iv) to conduct risk assessments,
and prevent, detect and investigate incidents of fraud, security and technical
issues, (v) to protect the rights, property or safety of ConnectedPulse, its
users or members of the public, and (vi) for the purpose of operating and
improving the Services (including for customer support purposes).
You agree to cooperate with and assist ConnectedPulse or its
representative in good faith, in any such investigations, including by
providing us with such information as we may reasonably request.
Account Suspension and Cancellation
We may, in our discretion, without liability to you and without
limiting our other remedies, with or without prior notice and at any time,
decide to limit, suspend, deactivate or cancel your account in response to a suspected
breach of the Terms, and take technical and legal steps to prevent you from
using our Services. If ConnectedPulse has suspended your account due to your
actual or suspected breach of the Terms, such suspension will continue until
the suspected breach is cured or otherwise resolved to ConnectedPulse’s
Once your account is terminated, ConnectedPulse will have the
right, but not the obligation to delete any or all of the information and
content submitted, uploaded or otherwise provided by you.
When an issue arises, we reserve the right to consider such
User's performance history and the specific circumstances in applying our
policies, and to determine how strictly to enforce such policies in an effort
to achieve a fair outcome for all parties involved.
RIGHTS & LICENSES
The Services, including any and all Websites and Apps, and all
features, functionality, tools and content thereof, is protected by copyright,
trademark, patent and other laws of the United States and foreign countries.
You acknowledge and agree that the Services, and all intellectual property
rights therein are the exclusive property of ConnectedPulse and its licensors.
You will not remove, alter or obscure any copyright, trademark, service mark,
patent marking, or other proprietary rights notices incorporated in or
accompanying the Services.
Without limiting the foregoing, you acknowledge and agree that
the trade names, logos, and other trademarks and service marks associated with ConnectedPulse
(the "ConnectedPulse and AcuDose Marks") are the property of ConnectedPulse
, and that you are not permitted to use the ConnectedPulse Marks without our
prior written consent.
Subject to your compliance with the Terms, ConnectedPulse grants
you a limited non-exclusive, non-transferable, non-assignable and
non-sublicensable license to access and use the Services, including the right
to download and install a copy of the App on each mobile device that you own or
control, for your own personal use only, and not for use for any business
purpose or commercial activity. This license is granted for the sole purpose of
enabling you to personally use the Services as provided by ConnectedPulse in
the manner permitted by the Terms.
You may not use, copy, reproduce, distribute, license, sell,
transfer, publish, post, publicly display, publicly perform, transmit,
broadcast, adapt, modify, prepare derivative works based upon, or otherwise
exploit any features, functionality, tools or content of the Services in any
form or by any means, or sublicense the rights granted in the Terms, except as
expressly permitted herein, without the prior written permission of ConnectedPulse
or the intellectual property owner, as applicable.
This foregoing license is subject to modification or revocation
at any time at ConnectedPulse's sole discretion.
No licenses or rights are granted to you by implication or
otherwise under any intellectual property rights owned or controlled by ConnectedPulse
or its licensors, except for the licenses and rights expressly granted in the
Terms. All rights not expressly granted to you by the Terms are hereby
We welcome and encourage you to provide feedback, comments,
ideas and suggestions for improvements, enhancements and modifications to the
Services ("Feedback"). You may submit Feedback by e-mailing us,
at support@ConnectedPulse.com. You acknowledge and agree that all Feedback
you give us (i) will be treated as non-confidential, and (ii) will be the sole
and exclusive property of ConnectedPulse. Without limiting the foregoing, you
acknowledge that your Feedback may be disseminated or used by ConnectedPulse or
its affiliates for any purpose whatsoever, including developing, improving and
marketing products. You hereby irrevocably transfer and assign to ConnectedPulse
all of your right, title, and interest in and to all Feedback, including all
worldwide patent, copyright, trade secret, moral and other proprietary or
intellectual property rights therein, and waive any moral rights you may have
in such Feedback.
You agree to sign and deliver such documents, and otherwise provide
such assistance, as may reasonably be required from time to time to perfect ConnectedPulse’s
rights in such improvements, enhancements and modifications.
THIRD PARTY TERMS
Third Party Charges and Mobile Alerts
You are solely responsible for any fees or charges incurred to
access the Services through an Internet access provider or other third party,
including without limitation data charges incurred if you are not connected to
WiFi access, charges to receive SMS messages or other mobile access, which may
be billed to you or deducted from your prepaid balance by your mobile provider.
You agree that ConnectedPulse is not liable in any way for any third party
Links to Third Party Websites and Services
ConnectedPulse does not recommend or endorse any tests,
physicians or other health care providers, products or procedures that may be
referenced, discussed or advertised on the Services.
The Services may provide links to third-party websites,
resources or services. You acknowledge and agree that ConnectedPulse is not
responsible or liable for (i) the availability, terms or practices of such
websites, resources or services, or (ii) the content, products or services
available on or through such websites, resources or services, including that
any information provided is complete, accurate or up-to-date. Links to such
websites, resources or services do not imply any endorsement by ConnectedPulse
of such websites, resources or services or the content, products or services
available on or through such websites, resources or services. You acknowledge
sole responsibility for and assume all risk arising from your use of any such
websites, resources or services or the content, products or services available
on or through such websites or services.
We will not be responsible or liable for any damage or harm
resulting from your interactions with such websites or services, or the
content, products or services available on or through such websites or
Apps Downloaded from Third Party App Stores
Our App may be available for download from third party app
stores which are not owned or operated by ConnectedPulse. When downloading,
installing, accessing, using or browsing the App, you must comply with any
applicable third party terms and conditions, including any End User License
Agreement, your mobile device agreement or any wireless data service agreement,
and ensure that your use of the App is not in violation of any such terms or
Without limiting the foregoing, any Apps accessed through or
downloaded from Apple's App Store (an "App Store Download") may only
be used (i) on an Apple-branded product that runs the iOS (Apple's proprietary
operating system), and (ii) as permitted by the "Usage Rules" set
forth in the Apple App Store Terms and Conditions.
Without limiting the foregoing, the following applies to App
o You acknowledge and agree that (i) these Terms
are between you and ConnectedPulse only, and not Apple, and (ii) ConnectedPulse,
not Apple, is solely responsible for the App Store Download and content
thereof. Your use of the App Store Download must comply with the App Store
Terms and Conditions.
o You acknowledge that Apple has no obligation
whatsoever to furnish any maintenance and support services with respect to the
App Store Download.
o In the event of any failure of the App Store
Download to conform to any applicable warranty, you may notify Apple, and Apple
will refund the purchase price for the App Store Download to you and to the
maximum extent permitted by applicable law, Apple will have no other warranty
obligation whatsoever with respect to the App Store Download. As between ConnectedPulse
and Apple, any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be the sole
responsibility of ConnectedPulse.
o You acknowledge that, as between ConnectedPulse
and Apple, Apple is not responsible for addressing any claims you have or any
claims of any third party relating to the App Store Download or your possession
and use of the App Store Download, including: (i) product liability claims;
(ii) any claim that the App Store Download fails to conform to any applicable
legal or regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation.
o You acknowledge that, in the event of any
third-party claim that the App Store Download or your possession and use of
that App Store Download infringes that third party's intellectual property
rights, as between ConnectedPulse and Apple, ConnectedPulse, not Apple, will be
solely responsible for the investigation, defense, settlement and discharge of
any such intellectual property infringement claim to the extent required by the
o You acknowledge and agree that Apple and its
subsidiaries, are third-party beneficiaries of the Terms as related to your
license of the App Store Download, and that, upon your acceptance of the terms
and conditions of the Terms, Apple will have the right (and will be deemed to have
accepted the right) to enforce the Terms as related to your license of the App
Store Download against you as a third party beneficiary thereof.
o Without limiting any other terms of the Terms,
you must comply with all applicable third party terms and conditions when using
the App Store Download.
DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION
Warranties by Users
You represent and warrant to ConnectedPulse that:
o you have the power and authority to accept and
agree to the Terms,
o you own or control all of the rights necessary
to provide the information that you provide and to grant the rights and
licenses granted herein,
o the exercise by ConnectedPulse of the rights
granted by you hereunder will not cause ConnectedPulse to violate any applicable
laws, rules or regulations, to infringe the rights of any third party, and
o all account information provided by you will
be complete, accurate and up-to-date when provided, and updated as necessary to
ensure that it remains complete, accurate and up-to-date.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED
"AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, CONNECTEDPULSE
EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE
OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE
RELIABILITY OR AVAILABILITY OF THE SERVICES, OR THAT USE OF THE SERVICES WILL
BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR
TIMELINESS OF ANY CONTENT.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED
o INFORMATION AND OTHER CONTENT PROVIDED ON OR
THROUGH THE SERVICES DOES NOT CONSTITUTE MEDICAL PRACTICE OR ADVICE, NOR IS IT
INTENDED TO REPLACE THE NECESSITY OF CONSULTATION WITH A PHYSICIAN OR OTHER
QUALIFIED HEALTH CARE PROFESSIONAL.
o THE ENTIRE RISK ARISING OUT OF OR RELATING TO
YOUR USE OF THE SERVICES IS AND REMAINS WITH YOU.
o WITHOUT LIMITING THE FOREGOING, CONNECTEDPULSE
DISCLAIMS ANY AND ALL LIABILITY RELATED TO (I) YOUR USE OF OR INABILITY TO USE
THE SERVICES, (II) THE ACTS OR OMISSIONS OF ANY PERSON(S) WITH WHOM YOU MAY
COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, AND (III) ANY
CONTENT ACCESSED OR VIEWED IN CONNECTION WITH THE USE OF THE SERVICES.
o YOU ACKNOWLEDGE AND AGREE THAT THE ACCESSING
AND USING THE PLATFORM AND CONTENT, VIEWING CONTENT IS DONE AT YOUR OWN
DISCRETION AND RISK, AND YOU AND HEREBY RELEASE CONNECTEDPULSE AND WAIVE ANY
AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY
OF THE FOREGOING.
o IN NO EVENT WILL CONNECTEDPULSE BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES
OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF
GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY
DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR
IN CONNECTION WITH ANY OF THE FOREGOING, WHETHER BASED IN WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CONNECTEDPULSE
HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY
SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
o IN THE CASE OF THE UNITED STATES, CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSIVE OR
LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO THESE
LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY
APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS
DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, CONNECTEDPULSE'S
AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL OF THE
FOREGOING, SHALL BE LIMITED TO ONE U.S. DOLLARS (US $1).
Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS
OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN CONNECTEDPULSE AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR
REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
NOTHING IN THE TERMS FURTHER IS INTENDED TO EXCLUDE OR LIMIT ANY
CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR
LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE
CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR
DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN
THIS SECTION IX THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR
LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT REQUIRED BY LAW.
To the maximum extent not prohibited by applicable law, you
agree to release, indemnify, and hold ConnectedPulse its parent, subsidiaries,
affiliates, licensors and service providers, and its and their officers,
directors, shareholders, agents, employees and representatives, harmless
(collectively "indemnify" or any variation thereof) from and against
any claims, liabilities, damages, losses, costs and expenses, including, any
bodily injury, illness, death or damage to any real or personal property, or
any other injuries, losses, or damages (whether compensatory, direct,
incidental, consequential or otherwise) of any kind, and including reasonable
legal fees and litigation expenses and costs, arising out of or relating to or
in any way connected with (i)your access to or use of the Services, including
any and all features, functionality, tools, content and promotions available on
and through the Services, (ii) any interactions with any other person as a
result of your use of the Services, (iii) your breach of the Terms or the
documents incorporated therein, including any violation of national, federal,
state or local or other applicable laws, rules or regulations or any
infringement or misappropriation of the rights of any third party, and (iv)
your gross negligence or willful misconduct.
Obligation to Defend. You agree that, at ConnectedPulse's option,
you will conduct the defense of any such claim or action; provided that (i) ConnectedPulse
may nevertheless participate in such defense or settlement negotiations and pay
its own costs associated therewith, and (ii) you will not enter into any
settlement or other compromise without the prior written approval of ConnectedPulse
(which approval shall not be unreasonably withheld), unless such settlement or
other compromise includes a full and unconditional release of the relevant
parties from all liabilities and other obligations in respect of such claim or
No Implied Indemnity. No person or entity shall be entitled to any
form of equitable or implied indemnification at any time, except as provided by
11. GOVERNING LAW &
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND
WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND CONNECTEDPULSE HAVE
AGAINST EACH OTHER ARE RESOLVED.
The Terms shall be governed by and interpreted in accordance
with the laws of the state of Texas, USA, without regard to conflict of law
Arbitration & Class Action Waiver
All disputes, claims, controversies and matters arising out of
or relating to or in connection with the Terms or the breach, termination,
enforcement, interpretation or validity thereof, or to the use of the Services,
including any Website or App (collectively, "Disputes") shall be
exclusively settled by binding arbitration administered by the American Arbitration
Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment
on the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. The arbitration shall take place in Dallas, Texas, USA,
before a single neutral arbitrator appointed in accordance with the AAA Rules
and shall be conducted in the English language. You acknowledge that by
agreeing to arbitration as the exclusive forum for the resolution of all
Disputes, you are waiving their right to a trial by jury.
All arbitrations shall be conducted and resolved on an
individual basis, and not a class-wide, multiple plaintiff or similar basis. No
arbitration shall be consolidated with any other arbitration proceeding
involving any other person or entity.
Jurisdiction and Venue
In the event that arbitration is not available, you and ConnectedPulse
agree that any and all Disputes will be brought in the federal or state courts
located in Dallas, Texas, USA, and each agrees that such courts shall have
exclusive jurisdiction and venue for any such actions. Further, ConnectedPulse also
may seek injunctive or other equitable relief for breach of these Terms in any
court of competent jurisdiction wherever located. You consent to the
jurisdiction of and venue in such courts and waive any objection as to
Fees and Costs
The prevailing party in any suit, action or proceeding,
including any arbitration proceeding, will be entitled to recover its
reasonable legal fees and costs and expenses from the other party.
Future Amendments to this Section
Both of us agree that if we make any amendment to this
"Governing Law & Dispute Resolution" section (other than an
amendment to any notice address or site link provided herein) in the future,
that amendment will not apply to any claim that was filed in a legal proceeding
against us prior to the effective date of the amendment. However, the amendment
will apply to all other disputes or claims governed by this section that have
arisen or may arise between you and ConnectedPulse. We will notify you of
amendments to this section by posting the amended Terms on www.connectedpulse.com. If you do not agree to the amended terms,
you may close your account within 30 days and you will not be bound by the
amended dispute resolution terms. If you do not have an account (or once you
have closed your account, if applicable), you must cease using the Services
immediately. By rejecting any change, you are agreeing that you will arbitrate
any Dispute between you and ConnectedPulse in accordance with the provisions of
this "Dispute Resolution" section as of the date you first accepted
the Terms (or accepted any subsequent changes to the Terms).
Our collection and use of information about Users is governed by
the applicable Supplemental Terms, constitute the entire and exclusive
understanding and agreement between you and ConnectedPulse regarding your
access to and use of the Services, including the content, Website and App, and
supersede and replace any and all prior or contemporaneous oral or written
understandings or agreements between you and ConnectedPulse and regarding the
subject matter hereof.
You may not assign, transfer, delegate or sublicense any of your
rights or obligations under the Terms, including by operation of law or merger
or consolidation, without our express prior written consent, which may be
granted or withheld in our sole discretion. Any attempted assignment, transfer,
delegation or sublicense without the foregoing consent will be null and void. ConnectedPulse
may assign, transfer, delegate and/or sublicense our rights and obligations
under the Terms, in whole or in part, in its sole discretion, without
restriction. Subject to the foregoing, the Terms will bind and inure to
the benefit of the parties, their successors and assigns.
Except as otherwise expressly set forth herein, no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by the Terms.
Survival of Terms
Any provisions of the Terms that contemplate performance or
observance subsequent to the expiration or termination of this Agreement shall
survive such expiration or termination.
Any notices or other communications permitted or required
hereunder, including those regarding modifications to the Terms, will be in
writing and given by ConnectedPulse (i) via e-mail (in each case to the address
that you provide), or (ii) by posting to the Website or via the App. For
notices made by e-mail, the date on which such notice is transmitted will be
deemed the date of receipt.
Our failure to exercise any right or enforce any obligation
others will not constitute a waiver of such right, obligation or breach. The
waiver of any right, obligation or breach will be effective only if in writing
and signed by a duly authorized representative of ConnectedPulse. In addition,
no waiver granted in any instance shall constitute a waiver in any other
Except as expressly set forth in the Terms, the exercise by
either party of any of its remedies under the Terms will be without prejudice
to its other remedies available under contract, at law, in equity or otherwise.
Except as otherwise provided in the Terms, if an arbitrator or a
court of competent jurisdiction finds any provision of the Terms to be invalid,
void or unenforceable, in whole or in part, for any reason, the offending
provision will be enforced to the maximum extent permissible and will not
affect the validity or enforceability of the remaining provisions, which will
remain in full force and effect.
The headings in the Terms are for reference purposes only and do
not limit or otherwise affect the meaning or interpretation of any of the
Third Party Beneficiaries
Except as otherwise expressly set forth herein, the Terms do not
and are not intended to confer any rights or remedies upon any person other
than the parties hereto.
In the Terms, unless the context requires otherwise:
(i)"herein," "hereof," "hereunder,"
"hereto," and similar terms refer to the Terms collectively and as a
whole, and not merely to the specific section, paragraph or clause in which the
term appears, (ii)"or" connotes any combination of all or any of the
items listed, and (iii)"including" (and any of its derivative forms)
means "including but not limited to."
If you have any questions or concerns, please contact ConnectedPulse
The Complaint Assistance Unit of the Division of Consumer
Content of the California Department of Consumer Affairs may be contacted in
writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by
telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may
call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.
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