PRIVACY POLICY

PULSE by Julie D Privacy Policy

Last revised and effective as of: August 16, 2020

This Privacy Policy relates to information collected online by PULSE BY JULIE D (“PULSE” "we" or “us” or “our”) through your use of the PULSE website at www.pulsebyjulied.com and any subdomains (the “Site”) and the services, features, and information available on the Site and/or any mobile applications we may offer (together with the Site, along with associated and successor websites, applications, features, information, and services, or any part thereof, the “Service”). This Privacy Policy is incorporated into, a part of, and governed by the PULSE Terms of Use. As used herein, “you” and “your” mean a user of the Service.  

You should carefully read this Privacy Policy. By using the Service, you are signifying your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you may not use the Service.

As used in this Privacy Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

WHAT INFORMATION ABOUT ME IS COLLECTED?

Depending on your use of the Service, we may collect two types of information: personally identifiable information and non-personally identifiable information.

Personally Identifiable Information 

Personally identifiable information is information that identifies you or can be used to identify or contact you. Such information may include your name, address, e-mail address, telephone number, and billing and credit card information. 

Non-Personally Identifiable Information

Non-personally identifiable information is information, any single item of which, by itself, cannot be used to identify or contact you, including demographic information (such as age, profession, gender, current location, zip code, birth date, or year of birth), browser types, unique device identifiers, device types, requested URL, referring URL, browser language, the pages you view, the date and time of your visit, domain names, and statistical data involving the use of the Service. Certain non-personally identifiable information may be considered a part of your personally identifiable information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. However, the same pieces of information are considered non-personally identifiable information when they are taken alone or combined only with other non-personally identifiable information (for example, your viewing preferences).

WHERE AND WHEN IS INFORMATION COLLECTED (INCLUDING THROUGH THE USE OF COOKIES AND ACTION TAGS)?

We will collect personally identifiable information that you submit to us. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of your use of the Service. 

Registering to Use the Service and in the Course of Using the Service.

You may be required to establish an account in order to take advantage of certain features of the Service. If so, if you wish to establish an account you will be required to provide us with information (including personally identifiable information and non-personally identifiable information) such as name, postal address, e-mail address, birth date and credit card and billing information. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of the registration process. In addition, we may obtain your personally identifiable information from you if you identify yourself to us by sending us an e-mail with questions or comments. Also, we will have access to any personally identifiable information that you choose to share through the Service (such as your name if you include it in an article or story that you post to the Service).     

Cookies and Action Tags.

We may collect information passively using “cookies” and “action tags.”

“Cookies” are small text files that can be placed on your computer or mobile device in order to identify your Web browser and the activities of your computer on the Service and other websites. Cookies can be used to personalize your experience on the Service (such as dynamically generating content on webpages specifically designed for you), to assist you in using the Service (such as saving time by not having to reenter your name each time you use the Service), to allow us to statistically monitor how you are using the Service to help us improve our offerings, and to target certain advertisements to your browser which may be of interest to you or to determine the popularity of certain content.

In addition to cookies that we may place on your computer or mobile device, cookies might also be placed on your computer or mobile device by third parties that we use to display or serve advertisements or to collect non-personally identifiable information in order to provide advertising-related services. In the course of serving advertisements, such third-party advertisers could place or recognize unique cookies on your browser.

You do not have to accept cookies to use the Service. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the "Help" section of the toolbar. However, if you reject cookies, certain features or resources of the Service may not work properly or at all and you may experience some loss of convenience.

"Action tags," also known as web beacons or gif tags, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the Service, including advertisements, or e-mail sent on our behalf, may contain action tags.

By using cookies and action tags together, we are able to gain valuable information to improve the Service and measure the effectiveness of our advertising and marketing campaigns. 

Finally, you should be aware that advertisers and other third parties may use their own cookies or action tags when you click on their advertisement or a link to their websites or services on or from the Service. This Privacy Policy does not govern the use of cookies or action tags or the use of your information by such third-party websites or services or providers of third-party advertising.

Log Files.

We also collect non-personally identifiable information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Service. This information may be used to analyze trends, to administer the Service, to monitor the use of the Service, and to gather general demographic information. We may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the Service and evaluating the Service in general.

Public Areas.

The Service features various community areas and other public forums (the "Public Areas") where Service users with similar interests can share information and support one another or where members can post questions for others to answer. These Public Areas are open to the public and should not be considered private. We cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, or your personal privacy. We are not responsible for the results of such postings or for the accuracy of any information contained in those postings. 

Any information you share in a Public Area (including personally identifiable information) is by design open to the public and is not private. You should think carefully before posting any information in any Public Area. What you post can be seen, disclosed to or collected by others and may be used by others in ways we cannot control or predict. As with any public forum on any website, the information you post may also show up in third-party search engines like Google, Yahoo, MSN, and Bing. If you mistakenly post personal information in a Public Area you can send us an e-mail to request that we remove it by contacting us at juliedpulse@gmail.com. You should understand that in some cases, we may not be able to remove your information.

IS INFORMATION SUBMITTED TO THE PUBLIC AREAS OF THE SERVICE PRIVATE?

No.  Any information shared in the Public Areas (as defined above) of the Service is available to the public, including to all users.  Such information is not protected or treated as confidential, can be used in any manner, and is not subject to this Privacy Policy.  If you wish to keep any information private or proprietary, do not submit it to the Public Areas of the Service.  NOTWITHSTANDING THE FOREGOING, WE HAVE NO RESPONSIBILITY OR LIABILITY IF A USER’S INFORMATION OR IDENTITY IS MISUSED OR STOLEN, OR IF A USER SUFFERS HARM AS A RESULT OF VOLUNTARY DISCLOSURES. 

DOES  PULSE COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?

We are committed to protecting the privacy of children. The Service is not designed for or directed to children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13. By providing information to PULSE, you represent that you are 18 years of age or older.

WHAT DOES PULSE DO WITH THE INFORMATION IT COLLECTS?

In general, we use the information collected to provide the Service to you and process your transactions, to help us understand who uses the Service, for internal operations such as operating and improving the Service, to contact you for customer service and billing purposes. We may use your information to send you a welcoming e-mail that may confirm your user name and password. Unless you opt out, we (and third parties) may send you electronic newsletters, contact you about the Service, products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to change your preferences. If you identify yourself to us by sending us an e-mail with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments (with your information) for future reference. We may also use the information collected to send announcements and updates regarding the Service or, if applicable, about your billing account status. You will not be able to unsubscribe from these Service announcements and updates as they contain important information relevant to your use of the Service.

We may also use the information gathered to perform statistical analysis of user behavior or to evaluate and improve the Service. We may link some of this information to personally identifiable information for internal purposes or to improve your experience with the Service.

WHEN DOES PULSE DISCLOSE INFORMATION TO THIRD PARTIES?

We generally disclose information we gather from you through the Service to the following types of third parties and as otherwise set forth in this Privacy Policy or our Terms of Use or as specifically authorized by you.

Laws and Legal Rights.

We may disclose your information (including personally identifiable information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the PULSE Terms of Use, to detect fraud, for assistance with a delinquent account, or to protect the safety and/or security of our users, the Service or the general public.

Third Parties Generally.

We may provide to third parties non-personally identifiable information, including where such information is combined with similar information of other users of the Service. For example, we might inform third parties regarding the number of unique users who use the Service, the demographic breakdown of our users of the Service, or the products and/or services purchased using the Service and the vendors of such products and services. If you opt in, we may also provide to third parties personally identifiable information. For example, we might share our users’ responses to questionnaires and e-mail addresses with third parties in order for third parties to contact users about products and services that may be of interest. The third parties to which we may provide or who may independently directly collect personally identifiable and non-personally identifiable information may include potential or actual advertisers, providers of advertising products or services (including vendors and website tracking services), merchants, affiliates and other actual or potential commercial partners, sponsors, licensees, researchers and other similar parties.

DOES THIS PRIVACY POLICY APPLY WHEN I LINK TO OTHER WEBSITES OR SERVICES?

Our Service may provide you with access to other websites and services. This may include providing you with the ability to automatically post updates on Facebook, Instagram and/or Twitter. Please be aware that we are not responsible for the privacy practices of any websites or services other than the Service. We encourage you to read the privacy policies or statements of each and every such website and service. This Privacy Policy applies solely to information collected by us through the Service.

IS THE INFORMATION COLLECTED THROUGH THE SERVICE SECURE?

We want your information (including personally identifiable information) to remain secure. We strive to provide transmission of your information from your computer or mobile device to our servers through techniques that are consistent with industry standards and to employ administrative, physical, and electronic measures designed to protect your information from unauthorized access. 

Notwithstanding the above, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security or privacy of any information you transmit to us, and you do so at your own risk.

COULD MY INFORMATION BE TRANSFERRED TO OTHER COUNTRIES?

Personally identifiable information collected on the Service may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, and the Service may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such data. By using the Service and submitting such information on it, you voluntarily consent to the trans-border transfer and hosting of such information. If you are a user accessing the Service from a jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from those of the United States, please be advised that all aspects of the Service are governed by the internal laws of the United States and the State of New York regardless of your location.

WHAT CHOICES DO I HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?

We generally use personally identifiable information as described in this Privacy Policy or our Terms of Use or as authorized by you or as otherwise disclosed at the time we request such information from you. You generally must "opt in" and give us permission to use your personally identifiable information for any other purpose. You may also change your preference and "opt out" of receiving certain marketing communications from us by following the directions provided in association with the communication or such other directions we may provide or by contacting juliedpulse@gmail.com.

DO NOT TRACK

The term “Do Not Track” refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to Do Not Track requests.

CAN I UPDATE OR CORRECT MY PERSONALLY IDENTIFIABLE INFORMATION?

You have the right to request the restriction of certain uses and disclosures of personally identifiable information as follows. You can contact us in order to (1) update or correct your personally identifiable information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personally identifiable information maintained about you on our systems (subject to the following paragraph), by submitting your contact information to juliedpulse@gmail.com or following other directions we may provide. Such updates, corrections, changes and deletions will have no effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. After receiving your request, we will use commercially reasonable efforts to update, correct, change, or delete, as appropriate, all personally identifiable information stored in databases we actively use and other readily searchable media as appropriate, as soon as and to the extent reasonably practicable.

HOW WILL I KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY POLICY?

We may revise this Privacy Policy from time to time.  We will not make changes that result in significant additional uses or disclosures of your personally identifiable information without allowing you to “opt in” to such changes. We may also make non-significant changes to this Privacy Policy that generally will not significantly affect our use of your personally identifiable information, for which your opt-in is not required. We encourage you to check this page periodically for any changes. If any non-significant changes to this Privacy Policy are unacceptable to you, you must immediately contact us and, until the issue is resolved, stop using the Service. Your continued use of the Service following the posting of non-significant changes to this Privacy Policy constitutes your acceptance of those changes.

WHO DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?

If you have any questions or comments about this Privacy Policy or feel that we are not abiding by the terms of this Privacy Policy, please contact our Privacy Agent in any of the following ways:

By e-mail: juliedpulse@gmail.com

BY USING THE SERVICE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT USE THE SERVICE.  CONTINUED USE OF THE SERVICE, FOLLOWING THE POSTING OF CHANGES TO THIS PRIVACY POLICY THAT DO NOT SIGNIFICANTLY AFFECT THE USE OR DISCLOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION, MEANS THAT YOU ACCEPT THOSE CHANGES.

PULSE by Julie D TERMS OF USE

Last modified August 16, 2020

THESE TERMS OF USE (AND PULSE BY JULIE D’S PRIVACY POLICY, AS NOTED BELOW) CREATE A LEGAL AGREEMENT BETWEEN PULSE BY JULIE D (“PULSE” OR “WE” OR “US” OR “OUR”) AND THE USER OF THE SERVICE ENTERING INTO THIS AGREEMENT (“YOU” OR “YOUR”). YOU SHOULD CAREFULLY READ THIS AGREEMENT, AND THE PULSE PRIVACY POLICY (the “Privacy Policy”), WHICH IS INCORPORATED INTO AND GOVERNED BY THIS AGREEMENT. THIS AGREEMENT GOVERNS YOUR USE (AND THAT OF ANY PERSON YOU REGISTER) OF THE WEBSITE WWW.PULSEBYJULIED.COM AND ANY SUBDOMAINS (the “Site”) AND THE SERVICES, FEATURES, AND INFORMATION AVAILABLE ON THE SITE AND/OR ANY MOBILE APPLICATIONS WE MAY OFFER (TOGETHER WITH THE SITE, ALONG WITH ASSOCIATED AND SUCCESSOR WEBSITES, APPLICATIONS, FEATURES, INFORMATION, AND SERVICES, OR ANY PART THEREOF, THE “SERVICE”). THE SERVICE MAY BE ACCESSED THROUGH INSTAGRAM AND OTHER ONLINE CHANNELS. BY USING OR ACCESSING THE SERVICE YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, OR IF YOU ARE BELOW THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, YOU ARE NOT PERMITTED TO USE THE SERVICE. PULSE IS NOT LIABLE FOR THE USE OF THIS SERVICE BY, OR FOR ANY CONTENT OR ADVERTISEMENTS VIEWED BY, MINOR CHILDREN IN VIOLATION OF THIS AGREEMENT.

1. Changes to this Agreement. Except with respect to Section 14.4 (Mandatory Arbitration), PULSE reserves the right, in its sole discretion, to change, modify, add to, supplement or delete any terms and conditions of this Agreement (including the Privacy Policy, which is incorporated into and governed by this Agreement) at any time; provided, however, that PULSE will use reasonable efforts to provide you with notification of any  material changes (as determined in PULSE’s sole discretion)  by email, postal mail, website posting, pop-up screen, or in-service notice. You should visit this page whenever you use the Service to review this Agreement and learn if any terms have changed.  If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes. 
2. Access to the Service.
   1. Subject to your acceptance of and compliance with this Agreement, PULSE grants to you a non-exclusive, non-transferable, revocable limited license to use the Service and associated Content for your personal non-commercial use. You agree not to use the Service for any other purpose, or to download, save, copy or distribute the Content that is not owned by or contributed by you except strictly in connection with your proper use of the Service or as specifically allowed in this Agreement. For purposes of this Agreement, “Content” means all texts, images, articles, photographs, illustrations, audio, graphics, graphs, video clips, and other materials available through the Service (including without limitation material on the Service’s Public Areas (as defined below) and learning center and material created via the Service.
   2. PULSE may change, modify, suspend, or discontinue in its entirety or any aspect of the Service at any time. PULSE may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service at any time, all without notice or liability.
   3. You expressly agree that the Content may be viewed and accessed only by end users and not by any other website or web publisher. 
   4. Your use of the Service is conditioned upon your compliance with this Agreement and any use of the Service in violation of this Agreement will be regarded as may constitute infringement of PULSE’s copyrights in and to the Service and Content (as applicable). PULSE reserves the right to terminate your access to the Service without notice if you violate this Agreement or for any reason at PULSE’s discretion.

2.6  Registration and Subscription.  In order to access certain features and services, you may be required to create an account and/or subscribe to the Service. 

2.7 Payment. You understand that use of the Services may result in payments by you for the services you receive (“Charges”). PULSE will process payment of the applicable Charges, using the preferred payment method designated in your account, and will send you a receipt by email.

Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by PULSE.  Any request for lower Charges or disagreement with the Charges should be addressed to PULSE by contacting juliedpulse@gmail.com.

We reserve the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in our sole discretion, by posting or otherwise delivering notice to you.  Any use of the Services after a notice of new or revised Charges has been posted on the Site or delivered to you will be deemed your acceptance of these new or revised Charges.

PULSE may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

2.8 Use of the Service by Minors.  Individuals under the age of majority in the jurisdiction in which they are located may not use the Service.

1. Ownership of Intellectual Property.
   1. Unless otherwise specified in writing, all Content and other materials that are part of the Service are owned, controlled, or licensed by PULSE and its licensors and are protected by law from unauthorized use. The entire Contents of the Service are copyrighted under the U.S. copyright laws and/or similar laws of other jurisdictions. PULSE, and the PULSE by Julie d logos, are trademarks of PULSE and may not be used without the express written permission of PULSE.
   2. You do not acquire any ownership rights by using the Service, or by copying or downloading material from the Service, or by purchasing any virtual goods. However, you retain ownership of any information or content initially owned by you that you upload or incorporate into the Service.
   3. You agree not to copy, redistribute, publish or otherwise exploit Content, except as expressly permitted herein, without the express prior written permission of PULSE.
   4. You hereby grant to PULSE a limited, non-exclusive, worldwide, perpetual, irrevocable, royal-free, sublicensable (through multiple tiers), and transferable right and license to use all comments, feedback, blog or forum statements, suggestions, ideas, emails, and other submissions disclosed or submitted to PULSE (if any) in connection with your use of the Service (collectively, “Submissions”) in any manner PULSE may desire, including, but not limited to, to make, have made, use, sell, offer to sell, import, reproduce, modify, create derivative versions of, distribute, publicly display and publicly perform such Submissions, in any and all forms and media now known or hereafter devised, without compensation to you and without identifying you as the creator. You agree that the provisions in this Section will survive any termination of your account(s), the Service, or this Agreement. 
   5. "Your Information" is defined as any information or content you provide to PULSE or other users, or to which you provide PULSE or other users access, in the registration or transaction process (including without limitation your name, photograph); in any Public Areas (as defined below), as well as your user profile and in-Service messages (including those between users); or through any e-mail or other feature of the Service. 
   6. You hereby grant to PULSE a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers), and transferable right, license, and permission, in all forms and media, now known or hereafter devised, to exercise all rights you have in Your Information (including without limitation to use, adapt, reproduce, distribute, edit, exhibit, publicly display, publicly perform, and publish your name and photograph) in connection with providing the Service, subject to our Privacy Policy 
   7. You hereby waive any right you may have to inspect or approve the materials that may be used in connection with your name and/or photograph, or the uses made of Your Information in connection with providing the Service. You hereby waive and release any claims you may have against PULSE for any damages, costs or liabilities you incur from PULSE’s use of Your Information, including but not limited to damages caused by any distortion, alteration, optical illusion or composite use, whether intentional or otherwise, that may occur in making, processing, duplicating, distributing or displaying Your Information. 
   8. You agree to include, and to not remove or alter, PULSE’s trademark, copyright or other proprietary rights notices, as provided by PULSE on or in connection with the Service, when using or sharing content, or otherwise using the Service, and you agree to comply with usage guidelines that may be provided by PULSE from time to time. You agree that all goodwill that arises in connection with your use of PULSE trademarks inures exclusively to PULSE, and you agree not to challenge PULSE’s ownership or control of any PULSE’s trademarks, nor use or adopt any trademarks that might be confusingly similar to such PULSE’s trademarks.
2. Public Areas. The Service may feature various community areas and other public forums, including but not limited to blogs or member communities, discussion boards, question and answer areas and comment areas (the "Public Areas").  If you use a Public Area you are solely responsible for your own Submissions, the consequences of posting your Submissions, and your reliance on any information in the Public Areas or other areas of the Service.  If you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately.  Any information you share, including without limitation any discussions with others, in any online Public Area is by design open to the public and is not private.  The PULSE Parties (as defined herein) reserve the right, but shall not be obligated, to record any dialogue or exchanges in the Public Areas of the Service.  The PULSE Parties shall have no responsibility for any actions taken, or failures to take action, with respect to the Public Areas of the Service or any submissions by you or other users.  As with any public forum on any website, the information you post may show up in third-party search engine results.
3. Passwords. PULSE has several tools that allow you to record and store information in your account. You are responsible for all actions on the Service by you or under your password or account and for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account [and you are responsible for all actions taken by individuals who use the Service through your password or account]. Without limiting the foregoing, it is your sole responsibility to (1) control the dissemination and use of any login code and password; (2) authorize, monitor, and control access to and use of your Service account and password; (3) promptly inform PULSE of any need to deactivate a password. You grant PULSE and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use any information recorded and/or stored in your account in connection with the operation of the Service.
4. Usage Rules. As a condition of your use of and access to the Service, you agree to comply with any application-, tool-, or content-specific rules published within the Service as well as the following usage rules, which PULSE may modify or supplement in its discretion from time to time (with notice to you of material changes, per Section 1). You agree that you will not, in regard to the Service (as determined by PULSE in its discretion):
5. Copy, adapt, reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service creates to generate web pages or any software or other products or processes accessible through the Service;
6. use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
7. distribute any virus, time bomb, trap door, Trojan horse, worm, malware, ransomware or other harmful, malicious or disruptive computer code, mechanism, software, script, agent or program;
8. cover or obscure any notice, legend, warning, banner or advertisement contained on the Service;
9. interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
10. sell the Service or any part thereof including but not limited to Virtual Goods or Virtual Currency user accounts and access to them in exchange for real currency or items of value; 
11. violate any applicable law, including without limitation any applicable export laws;
12. harvest or otherwise collect information about others, including email addresses, without their permission for posting or viewing Submissions;
13. infringe or violate the rights of any other party, including without limitation any intellectual property rights or rights of privacy or publicity;
14. engage in conduct that is obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causes embarrassment to any other person;
15. further any chain letters or pyramid schemes, transmit unsolicited messages, or engage in “spam;”
16. deliberately mislead anyone as to your identity, impersonate another, falsely identify the source of any Submissions, or allow another person or entity to use your identity in order to access the Service or post or view Submissions;
17. engage in conduct that conflicts with the spirit or intent of the Service, including without limitation, by disrupting the flow of dialogue in a Public Area (as defined above), restricting any other user from using or enjoying the Service, or exposing PULSE or another to any liability or detriment of any kind; 
18. use automated queries, including screen and database scraping, spiders, robots, crawlers, information harvesting, and any other automated activity with the purpose of obtaining Content, information or data from the Service, unless you receive the express written permission of PULSE; or
19. violate the terms of service of Instagram or any other channel by which you access the Service.
20. Privacy and Protection of Personal Information. PULSE respects the privacy of visitors to and users of the Service. Information collected from you and any individual you register to use the Service by PULSE is subject to the PULSE Privacy Policy. By using the Service, you may be granting Instagram permission to share your e-mail address and any other personally identifiable information with PULSE. Please see the PULSE Privacy Policy for more information on the collection and use of your information. You acknowledge and agree that the PULSE Privacy Policy, including, but not limited to, the manner in which PULSE collects, uses and discloses your personally identifiable information and non-personally identifiable information, is incorporated into and governed by this Agreement. By accepting this Agreement, you agree to all of the terms of the PULSE Privacy Policy. You further agree to comply with all applicable laws with respect to all information you may receive from PULSE.
21. Child Online Protection Act Notification. Pursuant to 47 U.S.C. § 230(d) as amended, PULSE hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protection is available on the websites StaySafeOnline (http://staysafeonline.org/stay-safe-online/), GetNetWise (http://kids.getnetwise.org/), and OnGuardOnline (http://www.onguardonline.com/). Please note that PULSE is not affiliated with the above listed sites, nor is the above intended as an endorsement of any of the products or services listed on such sites.
22. Disclaimers; Limitations; Waivers of Liability.
    1. THE CONTENT PROVIDED THROUGH THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS HEALTH ADVICE OR A SUBSTITUTE FOR MEDICAL ATTENTION. You should consult your physician or other health care professional before using PULSE’s fitness programs, fitness advice, nutrition guides, nutrition advice and/or other products to determine if it is right for you. All content provided by PULSE is for informational purposes only, is intended to be general, and cannot be substituted for medical advice. Developments in medical research may impact the health, fitness, and nutritional advice offered by PULSE. No assurance can be given that the advice contained in PULSE’s fitness or nutrition guides and/or other products or materials will always include the most recent findings or developments with respect to the particular material. PULSE does not make any guarantee of weight loss or improved fitness and does not make any express or implied warranties of any type.  Using PULSE’s fitness guides or other fitness advice means that you are voluntarily engaging in strenuous physical activity, including, but not limited to, muscular resistance and strength, endurance training, cardiovascular conditioning, and stretching. All exercise programs carry a potential risk. Such risks include, but are not limited to, heart attack, stroke, abnormal breathing, abnormal blood pressure, fainting, irregular heartbeat, muscle strain, muscle pull, muscle tear, joint sprain/strain in neck, back, shoulders, elbows, wrists, hips, knees, ankles, and feet, muscle soreness, or death. Women who are pregnant and engaging in physical activity have additional risks, including, but not limited to, premature labor, premature rupture of membranes, placenta previa, placental abruption, bleeding or spotting, preeclampsia/eclampsia, uterine rupture, and miscarriage. Women who are postpartum and engaging in physical activity have additional risks, including, but not limited to, possible hemorrhage, infection, or tearing of the perineal scar or cesarean section scar and pelvic organ prolapse. If you are pregnant or postpartum, please consult your physician to determine if you are physically able to use and/or participate in PULSE’s fitness programs. 
    2. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT THIS DISCLAIMER IS PROHIBITED UNDER APPLICABLE LAWS, AND WITH ANY LEGALLY REQUIRED WARRANTY PERIOD LIMITED TO THE SHORTER OF 30 DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER PULSE NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "PULSE PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, UNCORRUPTED, TIMELY, OR ERROR-FREE. 
    3. THE PULSE PARTIES FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR THE CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY. THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. PULSE IS NOT RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OR OTHER PROBLEMS OF TELEPHONE NETWORKS OR SERVICES, COMPUTER SYSTEMS, MOBILE PHONE EQUIPMENT, SOFTWARE, OR EMAIL, INCLUDING TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO A USER'S OR TO ANY OTHER PERSON'S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICES.
    4. THE PULSE PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE PULSE PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, AND A DETERMINATION IS MADE THAT PULSE IS LIABLE, UNDER NO CIRCUMSTANCES WILL THE PULSE PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID PULSE IN THE 90 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT THE CLAIM.  
    5. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE). 
    6. Assumption of Medical Risk. You expressly acknowledge and agree that your access, use and/or involvement with any PULSE’s fitness or nutrition guides and/or other products or materials may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless PULSE from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any PULSE’s fitness or nutrition guides and/or other products or materials.
    7. Release.  You forever release, discharge, and covenant not to sue the PULSE Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the PULSE Parties or otherwise, in connection with your use of the Service or your interaction with any party through or as a result of the Service. In other words, you cannot sue the PULSE Parties if anything happens to you or your property from using the Service or interacting with any party through the Service.  You agree that the provisions in this Section 10 will survive any termination of your account(s), the Service, or this Agreement.
23. Indemnification. You agree to defend, indemnify and hold harmless the PULSE Parties from and against all liability, claims, actions and expenses, including attorneys' fees and costs, arising out of your use of the Service or your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement. You agree that the provisions in this paragraph will survive any termination of your account(s) the Service, or this Agreement.
24. Copyright Policy; Objectionable Content: If you believe your rights have been violated by, or you otherwise object to, any posting, content or information on the Service, please contact us promptly so we can evaluate the claim and take appropriate action. If your complaint includes a claim of copyright infringement, the following policy will apply: 

It is PULSE’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the content or materials appearing on this Service contain infringements, please send a notice to our designated agent at the address stated below. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. PULSE will also terminate a user's account if a user is deemed to be a repeat infringer, namely, one who has been notified of bona fide infringing activity more than twice. Our designated agent, to whom you should direct your infringement claim (or other complaints), is:

Attention: Julie Dermer

PULSE by julie d

Telephone Number: ____________

E-mail: _______________

1. Third Party Sites and Products. We may include links to third-party sites or services, or information about third-party products or services, which are typically subject to service terms and policies that differ from ours. Therefore, you should review the terms of use and privacy policies of all sites and services you link to from or are referred to by our Service. We do not endorse or take responsibility for these third party offerings, nor do we vet or take responsibility for third-party sites, services or products or for the postings or communications of other users.
2. Governing Law/Waiver of Injunctive Relief.
   1. This Agreement and all aspects of the Service will be governed by and construed in accordance with the internal laws of the U.S. and the State of New York governing contracts entered into and to be fully performed in New York (thus, without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts located in New York, New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in New York, New York.
   2. You acknowledge that the rights granted and obligations made hereunder to PULSE are of a unique and irreplaceable nature, the loss of which will irreparably harm PULSE and which cannot be replaced by monetary damages alone, so that PULSE will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
   3. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and PULSE agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to PULSE Media c/o Sarah Kuhn at sarah@PULSE.co. 
   4. Mandatory Arbitration. If you and PULSE are unable to resolve a Dispute through informal negotiations within 30 days, either you or PULSE may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Streamlined Arbitration Rules and Procedures (the “Rules”) of JAMS, which is available at the JAMS website www.jamsadr.com. The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
   5. Notwithstanding the above, you and PULSE agree that arbitration will be limited to the Dispute between PULSE and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
   6. You and PULSE agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or PULSE’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief or to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
3. Waiver/Severability.
   1. The failure of PULSE to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under any provision of this Agreement will not be construed as a waiver or relinquishment of PULSE’s right to assert or rely upon any such provision or right in that or any other instance.
   2. You and PULSE agree that if any portion of this Agreement, except any portion of Section 14.4, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect. If Section 14.4 is found to be illegal or unenforceable then neither you nor PULSE will elect to arbitrate any Dispute falling within that portion of Section 14.4 found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within New York, New York, and you and PULSE agree to submit to the personal jurisdiction of that court.
4. Term and Termination. This Agreement will remain in effect as long as your account is up-to-date and you remain in compliance with the terms hereof, unless it has been voluntarily suspended or terminated by you or PULSE. You may terminate this Agreement by destroying all Service-related materials obtained from the Service, PULSE or any other web site or source. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from PULSE if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in PULSE’s sole discretion.  Following the termination of this Agreement, your account(s), or the Service, PULSE shall retain all rights to the Submissions pursuant to this Agreement. 
5. Miscellaneous. PULSE operates and controls the Service from its offices in the United States. PULSE makes no representation that the Service is appropriate, lawful or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject PULSE to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement. PULSE may assign this Agreement to any party at any time without any notice to you.  You may not assign this Agreement without PULSE’s prior written consent. This Agreement (including the PULSE Privacy Policy) contains the entire understanding of you and PULSE’s, and supersedes all prior understandings between the parties concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import. Upon PULSE’s request, you will furnish PULSE with any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against PULSE by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
6. Statute of Limitations. You and PULSE both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement (including the Privacy Policy) must be filed within ONE (1) YEAR after such claim or cause of action arose (or, if longer, within the shortest statute of limitations for such claim which the parties may establish by agreement) or the claim will be forever barred.

Questions? If you have any questions about this Agreement, its terms, your account or your rights hereunder, or if you have any complaints or claims, please contact: Julie Dermer juliedpulse@gmail.com.