BEYOND PULSE TERMS

These Terms of Use (the “Terms”) govern your access to and use of the http://beyondpulse.com/ website, its subdomains, and all of the website and Internet properties owned or operated by Beyond Pulse (the “Site”), our mobile application (the “Beyond Pulse App,” or “App”), and our wireless health and wellness monitoring devices (the “Devices”), and any information, text, graphics, photos, or other materials uploaded to, downloaded from, or appearing on the Site, App, and Devices (collectively, the “Content”). We refer to the Site, the App, the Devices, and related services collectively throughout this policy as the “Services.” By accessing or using the Services, you agree to be bound by these Terms. Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. These Terms are an agreement between you and Beyond Pulse (“we,” “us”).

Privacy Policy

We are committed to protecting the privacy of your information. Please review our Privacy Policy at [ http://www.beyondpulse.com/privacy-policy] for details about how we collect, use, and disclose your information in connection with your access and use of the Services. Please also review our Children’s Online Privacy Policy at [ http://www.beyondpulse.com/coppa-policy]. By accessing or using the Services, you agree to the terms of our Privacy Policy and Children’s Online Privacy Policy.

Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available through our Services is not accurate, complete, or current. The material offered through the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the Content provided through the Services is at your own risk. The Content may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Content offered through our Services at any time, but we have no obligation to update any Content. You agree that it is your responsibility to monitor changes to our Services.

Intellectual Property and Use of Services

The Services are protected by copyright, trademark, and other intellectual property rights and laws of the United States and other applicable countries. You agree to abide by all applicable proprietary rights and laws, as well as any trademark or copyright notices or restrictions contained in the Terms. The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed in the Content of the Services are our property, unless as otherwise disclosed. You are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Content for commercial or public purposes without our express authorization. You may copy material in limited quantities from the Content for your personal noncommercial use, provided that our copyrights notice is affixed to the copied material. We reserve the right to terminate at any time your permission to make personal copies of material from the Content. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright or other proprietary right of Beyond Pulse.
Subject to your compliance with the Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access, use, display, and navigate the Services solely for your personal use.
We may display advertisements or other content from third parties on the Site or App, such as banner advertisements, pop-up windows, and links to third-party websites. We are not responsible for such advertisements and content, or for any products, services, or other materials relating to such advertisements or content. Your linking to any sites from the Site or App is at your own risk. We do not endorse the website operator or content of any third-party website.
You are prohibited from using the Site or App to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage unlawful conduct. We may from time to time monitor or review material transmitted or posted using the Site or App, and we reserve the right to delete any material our company deems inappropriate. We are under no obligation to do so and assume no responsibility or liability arising from any material transmitted or posted using the Site or App.
We do not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. We welcome your comments and suggestions regarding the Services, but we do not seek to solicit any confidential or proprietary ideas, suggestions, materials, or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products.
Apart from the personal information covered under our Privacy Policy and Children’s Online Privacy policy, any and all communications or materials sent through the Services, electronically or otherwise, including, but not limited to, data, questions, comments, suggestions, or submissions, are and will be treated as non-confidential and non-proprietary. By submitting material to us, you irrevocably transfer and assign to us, and forever waive and agree never to assert, any copyrights, “moral” rights, or other rights that you may have in such material. We are free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to through the Services for any purpose whatsoever, including, but not limited to, developing and marketing products and services, without liability or compensation to you.
By using the Services, you may submit, or we may gather, certain limited information about you and your usage of the Services. Subject to the terms of our Privacy Policy and Children’s Online Privacy Policy, we are free to use such information for any purpose we deem appropriate.

Online Purchases

Our online store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you. All orders made through the Site or App will be subject to the terms and conditions outlined herein as well as any additional terms and conditions set forth by Shopify at www.shopify.com. In the event of a conflict between these Terms and Shopify’s terms and conditions, these Terms shall govern.

Pricing and other terms and conditions relating to the purchase of the product in question will be as stated on the Site and App, and this information may be changed at any time without notice. Prices may differ from those for purchases made through other channels. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site and App. You have a legal obligation to pay for any orders indicated to be made by you. You must be of the age of majority in your jurisdiction to make online purchases.

Certain products or services may be available exclusively online. These products or services may have limited quantities and are subject to return or exchange only according to our return policy, which can be found at [insert URL for return policy]. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR APP WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE SERVICES HAS NOT BEEN VERIFIED, AND WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOU, YOUR COMPUTER, OR YOUR OTHER PROPERTY DUE TO YOUR ACCESS TO OR USE OF THE SERVICES OR ANY MATERIALS PROVIDED ON THE SERVICES. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER BEYOND PULSE, NOR ANY OF OUR EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “OUR ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF WE OR AN ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH US IS TO STOP USING THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT BEYOND PULSE’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO BEYOND PULSE IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BEYOND PULSE AND OUR ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS’ FEES, ARISING IN CONNECTION WITH USE OF THE SERVICES BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN BEYOND PULSE AND YOU.

Prohibited Uses

You may use the Services only for lawful purposes and only for your personal noncommercial use, which includes viewing and requesting information about our service offerings and products. You are responsible for any communications you make to us through the Services. We prohibit the use of our Services for any of the following: submitting information that is false, inaccurate, or not your own; engaging in conduct that is illegal or would constitute a criminal offense; transmitting information that is copyrighted or otherwise owned by a third party unless you are the copyright owner or you have the owner’s permission to transmit it; transmitting information that infringes on another individual’s intellectual property or privacy rights; communicating information derived from the site to foreign nations in violation of applicable export control laws; or attempting to use the Services to gain unauthorized access to our networks or otherwise interfering with our network security.

Applicable Law

You agree that the laws of the State of New York, without regard to the conflict of laws principles, shall govern these Terms and any dispute arising out of your use of the Services or material from the Services that might arise between you and Beyond Pulse. The federal and state courts of the State of New York shall have exclusive jurisdiction over all claims. Notwithstanding the foregoing, you agree that we may, in our sole discretion, bring a claim in any forum in which personal jurisdiction can be exercised.
Unless otherwise specified, the Services and their Content are solely for promoting products, programs, and business operations within the United States. Software and other materials from the Services may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to any country or anyone prohibited by law. We prohibit your downloading or exporting of software or other material from the Services in violation of United States Export Laws and the laws of your resident country. By downloading software or other material from the Services, you represent and warrant that you are able to do so in full compliance with the laws of the United States and your resident country.

Right of Modification and Termination

We may at any time revise these Terms by updating this posting. You are bound by such revisions and should therefore periodically visit this page to review the current Terms. Additionally, we may terminate this agreement at any time, without notice to you, if we believe, in our sole discretion, that you have breached or may breach any term or condition of the Terms, or we may terminate this agreement for our convenience. You may terminate this agreement at any time by destroying all materials received from our Services and ceasing to use our Services.
We reserve the right, without notice and for any reason, to remove any Content from the Site and App, correct any errors, inaccuracies, or omissions in any Content on the Site and App, change or update any Content on the Site and App, and to deny access of any user(s) to all or any part of the Services at any time and without prior notice. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Site and App constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Questions and Feedback

If you have any questions or comments about these Terms or our Services, please contact us at:

Beyond Pulse
121 SW Salmon St, 11th Floor, Portland, OR 97204
info@beyondpulse.com