Terms of Service

Last Updated: JUNE 10, 2020

Your use of the pulsegrids.com (the “Website”) or by accessing any content on Website in any manner, including the use of any digital application connected to Pulse Grids (each a “Digital Application”), is conditioned upon Your acceptance of these legal terms of use including our privacy policy. Pulse Grids reserves the right, in its sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without advance notice to You. It is Your responsibility to review these legal terms of use periodically for updates. AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

Rights to Content and Intellectual Property
The copyrights to all original materials, content, selection, and arrangement of Pulse Grids Content, any Digital Application (including text, user, and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes), and any material e-mailed to You or otherwise supplied to You in conjunction with Pulse Grids Content and/or a Digital Application (collectively, “Pulse Grids Content”, is proprietary to Pulse Grids, its affiliates, subsidiaries, or third party licensors. You may not copy, reproduce, post on any other website or digital application, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of Pulse Grids Content, or make any derivative works from such content in any way without the express prior written consent of Pulse Grids. Any name, logo, trademark, service mark, patent, design, copyright, domain name or other intellectual property connected to any Pulse Grids Content is owned or licensed by Pulse Grids or its affiliates, or subsidiaries and may not be used by You without the prior written consent of Pulse Grids or the appropriate owner. Your use of Pulse Grids Content does not grant You any right, title, interest or license to any such intellectual property provided by Pulse Grids and any unauthorized use of such content may subject You to civil or criminal penalties.
Use of this Website
Pulse Grids Content is designed for Your personal information and education. However, all copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of Pulse Grids Content is prohibited except under Pulse Grids’ express written consent. All rights not expressly granted here are reserved to Pulse Grids. You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process (“Tools”) to access, acquire, copy or monitor any portion of Pulse Grids Content or in any way reproduce or circumvent the navigational structure or presentation of Pulse Grids Content to obtain or attempt to obtain materials, documents or information through any means not purposely made available through by Pulse Grids. Tools that use Pulse Grids Content shall be considered agents of the individuals who control or author them.
Registration, Passwords and Responsibilities
You are responsible for keeping Your information and passwords up to date and confidential.
Certain areas or features of Pulse Grids Content and/or Digital Applications may only be open to registered users or subscribers. By registering on Pulse Grids Content or participating in any of its community chat groups and not also becoming a subscriber, You will become a customer of Pulse Grids as a “Registered User”. Being a Registered User shall entitle You to certain benefits. You should check the benefits page on a regular basis as this page will be updated from time to time. Pulse Grids reserves the right to amend or vary the content available to Registered Users from time to time. In addition, and if You allow us to when registering Your details as a Registered User, we will contact You from time to time in accordance with Your preferences and our Privacy Policy.
You are solely responsible for the confidentiality and use of and access to Pulse Grids Content and Pulse Grids Content and/or Digital Applications using Your user name and/or password. You agree to immediately notify Pulse Grids if You become aware of the loss, theft or unauthorized use of any password, user ID or e-mail address or of any Pulse Grids Content. You will provide Pulse Grids with accurate, complete registration information and inform Pulse Grids of any changes to such information. For the purpose of confirming Your compliance with these Terms, Pulse Grids reserves the right to monitor and record activity on Pulse Grids Content and Digital Applications, including access to Pulse Grids Content.
Each registration and subscription is for the personal use of the Registered User or subscriber only. You may not share Your log-in details or password with any other person. You may not share or transfer Your subscription. Pulse Grids does not allow multiple users (networked or otherwise) to access Pulse Grids Content and/or any Digital Application through a single name and password and may cancel or suspend Your access to Pulse Grids Content and/or a Digital Application if You do this, or breach any of these Terms without further obligation to You.
Changes to Pulse Grids Content and Digital Applications
Pulse Grids reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of Pulse Grids Content available on Pulse Grids Content and/or on a Digital Application at any time and to restrict the use and accessibility of Pulse Grids Content and its Digital Applications.
No Warranties
Pulse Grids DOES NOT REPRESENT THAT PULSE GRIDS CONTENT, SERVICES OR FEATURES IS OR WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF PULSE GRIDS CONTENT WILL PROVIDE SPECIFIC RESULTS. PULSE GRIDS CONTENT IS PROVIDED “AS IS” AND  ON AN “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY. Pulse Grids assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing of Pulse Grids Content or Your downloading of any materials, text, images, video or audio from such content.
Limitation of Liability
In no event shall Pulse Grids, its affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or Your browsing in, or Your links to other websites from, Pulse Grids Content. You acknowledge by Your use of Pulse Grids Content, that Your use is at Your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if these apply to You, some or all of the above disclaimers may not apply, and You might have additional rights.
Indemnification
You agree to defend, indemnify and hold Pulse Grids harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to Your use of Pulse Grids Content.
Additional Terms and Conditions
Additional terms and conditions may apply to purchases of goods and services and to specific portions of features of Pulse Grids Content, including but not limited to sales, licenses, contests, sweepstakes, invitations, or other similar features (each an “Application”), all of which additional terms and conditions are made a part of these legal terms of use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.
Communications with Pulse Grids Content
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Pulse Grids will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that You have had with Pulse Grids Content, disclosing Your identity or helping to identify You, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority. Any communication or material You transmit to Pulse Grids or by interacting with Pulse Grids Content, by email or otherwise, including data, questions, comments, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Pulse Grids cannot prevent the harvesting of information from Pulse Grids Content, and You may be contacted by Pulse Grids or unrelated parties, by email or otherwise, within or outside of Pulse Grids Content. Anything You transmit may be edited by or on behalf of Pulse Grids, may or may not be posted as Pulse Grids Content at the sole discretion of Pulse Grids and may be used by Pulse Grids or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Pulse Grids is free to use any ideas, concepts, know-how, or techniques contained in any communication You send to Pulse Grids or provide through an interaction with Pulse Grids Content, for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products use of such information. If You transmit any ideas, concepts, materials or other communications to Pulse Grids or through an interaction with Pulse Grids Content, You accept that it will not be treated as confidential and may be used by Pulse Grids without compensation in any manner whatsoever, including without limitation to reproduction, transmission, publication, marketing, product development, etc. Although Pulse Grids may from time to time monitor or review discussion, chats, postings, transmissions, and bulletin boards, and the like on or through Pulse Grids Content, Pulse Grids is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations, on Pulse Grids Content. Pulse Grids assumes no responsibility or liability for any actions or communications by You or any related third party within or outside of Pulse Grids Content.
Notice and Procedure for Making U.S. Claims of Copyright Infringement

If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide a Notice with the following information to the Pulse Grids’ Copyright Agent: 

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A detailed description of the copyright work that You claim has been infringed; 
  3. A description of precisely where the material that You claim is being infringed is located on Pulse Grids Content;
  4. Your address, telephone number, and email address;
  5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and 
  6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Pulse Grids’ Copyright Agent for Notice is:

Pulse Grids, LLC
ATTN: Copyright Agent
1270 Avenue of the Americas
Floor 8
New York, NY 10020

Email: info@pulsegrids.com

We may give notice to our users by means of a general notice on Pulse Grids Content, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If You receive such a notice, You may provide counter-notification in writing to the designated Copyright Agent. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access had been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake to misidentification of the material to be removed or disabled; and 
  4. Your name, physical address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which Pulse Grids may be found, and that You will accept service or process from the person who provided notification of alleged infringing material or an agent of such person.
  5.  

Pulse Grids may terminate user accounts that have been the subject of five (5) separate infringement notices. In the event a user’s materials are removed due to an infringement notice and then subsequently restored due to the filing of a infringement notices counter-notification, Pulse Grids will treat the underlying infringement notice as withdrawn. Pulse Grids reserves the right to terminate user accounts that are the subject of fewer than five (5) infringement notices in appropriate circumstances – such as where the user has a history of violating or willfully disregarding Pulse Grids’ Terms of Service. 

Notice and Procedure for Making U.S. Claims of Trademark Infringement

If You believe that Your work has been copied in a way that constitutes trademark infringement, please provide a Notice with the following information to the Pulse Grids’ trademark Agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark interest;
  2. A detailed description of the trademark work that You claim has been infringed;
  3. A description of precisely where the material that You claim is being infringed is located on Pulse Grids Content;
  4. Your address, telephone number, and email address;
  5. A statement by You that You have a good faith belief that the disputed use is not authorized by the trademark owner, its agent or the law; and
  6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the trademark owner or authorized to act on the trademark owner’s behalf.
Pulse Grids’ Agent for Notice is:

Pulse Grids, LLC
ATTN: Legal Department
1270 Avenue of the Americas
Floor 8
New York, NY 10020

Email: info@pulsegrids.com

We may give notice to our users by means of a general notice on Pulse Grids Content, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If You receive such a notice, You may provide counter-notification in writing to the designated Copyright Agent. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access had been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake to misidentification of the material to be removed or disabled; and
  4. Your name, physical address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which Pulse Grids may be found, and that You will accept service or process from the person who provided notification of alleged infringing material or an agent of such person.

Pulse Grids may terminate user accounts that have been the subject of five (5) separate infringement notices. In the event a user’s materials are removed due to an infringement notice and then subsequently restored due to the filing of a infringement notice counter-notification, Pulse Grids will treat the underlying infringement notice as withdrawn. Pulse Grids reserves the right to terminate user accounts that are the subject of fewer than five (5) infringement notices in appropriate circumstances – such as where the user has a history of violating or willfully disregarding Pulse Grids’ Terms of Service.

Force Majeure
Pulse Grids will not be held responsible for circumstances beyond its control.
Pulse Grids, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Pulse Grids Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Termination
At its sole discretion, Pulse Grids may modify or discontinue Pulse Grids Content, or may modify or terminate Your account or Your access to this Pulse Grids Content, for any reason, with or without notice to You and without liability to You or any third party.
Unaffiliated Products, Websites, and Digital Applications
Descriptions of, or references to, products, publications, websites or digital applications not owned by Pulse Grids or its affiliates do not imply endorsement of any such content provided therein. Pulse Grids has not reviewed all material linked to Pulse Grids Content and is not responsible for the content of any such material. Your linking to any other products, publications, websites or digital applications not controlled by Pulse Grids is at Your own risk.
Linking Policy
Pulse Grids may provide, as a convenience to You, links to websites owned or operated by parties other than Pulse Grids. Each linked website may have its own terms and conditions of use, as described in that website’s legal notice/terms of use. Those terms and conditions may be different than these legal terms of use, and we urge You to read each website’s legal notice/ terms carefully before You use that website. Pulse Grids does not control, and is not responsible for the availability, content or security of these external Websites, nor Your experience interacting or using these external websites. Pulse Grids does not endorse the content, or any products or services available, on such websites.
United States Governing Law / Void Where Prohibited
These Terms shall be governed by, and Your browsing in and use of Pulse Grids Content shall be deemed acceptance of and consent to, the laws of the State of New York, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, Pulse Grids Content may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service does not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Pulse Grids intends to make such products or services available in such countries. Any offer for any product, feature, service, or application made by Pulse Grids is void where prohibited. Your information will be transferred to Pulse Grids in the United States, which may be outside of Your own country, and by providing us with Your information, You are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.
Changes to These Terms
Pulse Grids may, in its sole discretion, change these Terms (including those that relate to Your use of the website, Digital Applications and/or Pulse Grids Content). Whenever the Terms are changed, Pulse Grids will notify You by e-mail or by publishing the revised terms on Pulse Grids Content. If You use Pulse Grids Content and/or a Digital Application after Pulse Grids has published or notified You of the changes, You are agreeing to be bound by those changes. If You do not agree to be bound by those changes, You should not use Pulse Grids Content or a Digital Application any further after they are published. Access to certain the Pulse Grids Content may be subject to additional terms and conditions.
Assignment of Agreement
This agreement is personal to You and Your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Pulse Grids.
Non-Waiver
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices
Notices to Pulse Grids must be given in writing, by letter, and sent to Pulse Grids, LLC at:

Pulse Grids, LLC
ATTN: Copyright Agent
1270 Avenue of the Americas
Floor 8
New York, NY 10020

Email: info@pulsegrids.com

Severability
If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein.
Whole Agreement
Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.