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Terms of Use

This www.pulsenomics.com web site (“Site”) is owned and operated by Pulsenomics LLC (“Pulsenomics”, “we”, “our” or “us”) in conjunction with others pursuant to contractual arrangements.

 

Your right to access this website is subject to the general terms and conditions set forth below. ANY BREACH OF THE TERMS AND CONDITIONS SET FORTH BELOW IMMEDIATELY TERMINATES ALL OF YOUR RIGHTS TO ACCESS AND USE THE CONTENT ON THIS SITE.

 

We reserve the right at any time to change the terms and conditions set forth herein. Any changes we make will be effective immediately upon notice to you of such changes, which we may provide by means including, without limitation, posting notice of such changes on this website. Your continued access to and use of this website after such notice shall constitute your acceptance of all such changes.


We also reserve the right to limit the availability of this website and/or the provision of any content, service, or product described herein to any person, geographic area or jurisdiction, and to limit the quantities of any content, service, or product(s) that we may provide, at any time, in our sole discretion, and without notice.


You use this Site at your sole risk, and you are personally responsible for your use of this Site and for all of your activity on this Site.



Content


The content appearing on this Site (“Content”) is intended for U.S. residents only.

 

The Content and any and all intellectual property rights therein are and shall remain at all times the property of Pulsenomics or its licensors or suppliers.  You may download and print the Content for your personal, non-commercial use, keeping all copyright and other notices on such content. You may not re-sell or commercially exploit the Content, nor may you download or copy Content for the benefit of a third party or use this Site or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website without our express written consent.

 

Any use of data mining, robots, or similar data gathering and extraction tools is expressly prohibited. You may not create a hyperlink to this Site, frame or utilize framing techniques to enclose any Content without the express written consent of Pulsenomics. Any unauthorized link to, framing, or use of Content immediately terminates your rights to access this Site and to use content appearing on this Site.


Certain information used on this website may be obtained from non-proprietary sources, and may be subject to frequent change. Pulsenomics cannot attest to the accuracy, completeness, or timeliness of any information obtained from third party sources. In addition, Pulsenomics cannot guarantee that technical difficulties will not occur during the uploading of the Content to your computer or that the Content will upload successfully to your computer.

 

The Content may contain "forward-looking statements," including projections, forecasts and estimates. These forward-looking statements are based upon certain assumptions and/or opinions. Actual events are difficult to predict and may differ from those assumed herein or used within any pricing calculators. Accordingly, there can be no assurance that any estimated returns or outcomes described or computed herein can be realized, that the factual assumptions or opinions upon which forward-looking statements are based will materialize or that actual results will not be materially different than those presented on this Site.

 


Polls , Surveys, and other online Pulsenomic Services
(individually and collectively, “Services”). 


By participating in or receiving any Services, you represent that you are eligible to participate and agree to be bound by the following terms and conditions.

A) Eligibility for Membership

Services are open to individuals who are 18 years of age and older.  Any one or more of our Services may specify additional eligibility requirements.   If you do not qualify or are ineligible, you should not use our Services.  We may refuse Services to anyone at any time, in our sole discretion.

B) Limitations of membership, Non-Transferability

Memberships are limited to one per qualified individual with a unique e-mail address.  Any Service provided by Pulsenomics is intended strictly for the individual who completed relevant Service membership, registration, or profile form(s). 

C) True and Accurate Disclosures

You, as a Service member, agree to provide true and accurate information during any Service registration process, while completing any applicable Service profile forms, and when responding to any Service questions.  If you provide any information that is untrue, inaccurate, fraudulent, intentionally misleading, or if Pulsenomics has reasonable grounds to believe any information or data provided by you is suspicious, we reserve the right to suspend or terminate your membership and/or refuse any and all related Services.  

D) Notification of Changes in Personal & Other Information

You agree as a Service member to notify Pulsenomics of any relevant updates to your profile information (e.g., a change of address) on a best-efforts basis. 

E) Notification of Unauthorized Use

You agree to (a) protect and maintain any credentials (e.g., passwords) that you may choose or that may be issued in connection with the Service in order to prevent unauthorized use of your Service membership or account, (b) not share any such credentials, and (c) notify us of any known or suspected improper uses of your membership or account.

F) Privacy

Our Privacy Policy is incorporated herein by reference, and you should read and understand it before using any Service.

G) Respondent Confidentiality

By becoming a registered Service user, survey panel member, or research project participant, you agree to hold in confidence information learned in connection with any Service (e.g., poll, survey, research activity or other project) rendered by us unless such information has already been publicly disclosed by us, or authorized by us in writing to be disclosed by you.  Such Confidential Information includes, but is not limited to, the content (e.g., questions, information, responses, forms) that comprise our surveys.   You agree to notify us at info@pulsenomics.com in the event that you discover any actual or impending unauthorized disclosure of Confidential Information.

H) Membership Cancellation

Service membership and registration are voluntary and may be terminated by you at will.  You may terminate your membership by sending an email to info@pulsenomics.com, clicking on an applicable “unsubscribe” link, or otherwise contacting us.   

I) General Compliance with Laws

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Services.


Intellectual Property Rights

The names, logos, icons, and graphics used on the Site and in connection with or identifying our products and Services, any other content or material comprising patentable or copyrightable work on the Site are proprietary marks of Pulsenomics. All other trademarks and or copyrights appearing on the Site are the property of their respective owners, and unless otherwise stated, are not affiliated with us. Such third-party designations may not be used without the prior written permission of their respective owners.  Our Services and Site content are intended for the personal, noncommercial use of our customers, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content (including our intellectual property) without our express written consent.

No Agency


No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Notices


Except as stated or agreed otherwise, any notices to us shall be given via email to
info@pulsenomics.comAny notices to you shall be given via the email address that you provided when you complete(d) your Service registration or profile form(s). 

Arbitration


Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Middlesex County, Massachusetts, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Pulsenomics may seek any interim or preliminary relief from a court of competent jurisdiction in Middlesex County, Massachusetts that is necessary to protect the rights or property of you or Pulsenomics pending the completion of arbitration.

No Advice or Solicitation/Interest in Securities


The information within this Site is solely for informational purposes and constitutes neither an offer to sell nor the solicitation of an offer to buy securities to any person in any jurisdiction. The information presented herein is not, and is not intended to be, a complete discussion of all material information you should know about any product or Service.

 

No Endorsements; Third-Party Websites

 

We provide hyperlinks and references, in our sole discretion, to other web sites on the internet for your convenience in locating related information and content, and such content may be available through third-party sites. These sites have not necessarily been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites. In addition, such links to, or the display of content on, such third-party sites does not imply an endorsement by us of any third party or any website or the products or services provided by any third party. 

 

Anti-hacking Provision


You may not, nor may you allow others to, directly or indirectly attempt to or actually disrupt, impair or interfere with, alter or modify this Site or any Content.

 

No Representations or Warranties

 

BOTH THIS SITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

 

WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION, DATA, OR OTHER WEBSITE CONTENT, OR ANY COMMUNICATIONS RELATED THERETO.  IN ADDITION, WE ARE NOT RESPONSIBLE FOR THE CONTENT OR ACCURACY OF ANY OFF-SITE PAGES NOR ARE WE RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL WEBSITES OR RESOURCES, AND DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR THE PRIVACY PRACTICES OR THE CONTENT OF SUCH WEBSITES, INCLUDING (WITHOUT LIMITATION) ANY ADVERTISING, PRODUCTS OR OTHER MATERIALS OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES, NOR FOR ANY DAMAGE, LOSS OR OFFENCE CAUSED OR ALLEGED TO BE CAUSED BY, OR IN CONNECTION WITH, THE USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON SUCH EXTERNAL WEBSITES OR RESOURCES.

 

Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.


Limitation of Liability

 

IN NO EVENT WHATSOEVER SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, TRADING LOSSES, LOST TIME OR GOODWILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.  IN ADDITION, WE SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS OF THE DISSEMINATION OF ANY CONTENT.  YOU FURTHER ACKNOWLEDGE THAT WE NEITHER ENDORSE THE CONTENTS OF ADVERTISEMENTS OR PARTNER WEBSITES, NOR ASSUME RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF MATERIAL CONTAINED THEREIN, OR ANY INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM, OR ANY FRAUD OR OTHER CRIME FACILITATED THEREBY.

 

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Breach


We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership or Services, if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.

Indemnification


You agree fully to defend, indemnify and hold us harmless immediately on demand, our officers, directors, agents, affiliates, licensors, employees, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these terms and conditions by you or any other liabilities arising out of your use of this Site or our Services, or the use by any other persons accessing this Site using your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. You further agree to indemnify and hold us, our representatives, officers, agents, directors and employees harmless from any claim, demand, expense or damage, including reasonable attorneys' fees relating to use of this Site or our Services.


General


This Agreement shall be governed in all respects by the laws of the Commonwealth of Massachusetts without giving effect to that state’s provisions regarding conflicts of laws.  We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If you do not agree with these terms and conditions, or any future modifications to these terms and conditions, your sole and exclusive recourse is to cancel your Service(s). This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

 

© 2011 Pulsenomics LLC