Pulse Charter Connect INC.
Terms AND CONDITIONS of Use
Last Modified: 12/31/23
TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement between you and Pulse Charter Connect Inc. (“Pulse Charter Connect” or “we”) governing your use of the Pulse Charter Connect Platform. Pulse Charter Connect’s website (the “Site”), mobile applications (the “Apps”), and related services, information and communications are collectively referred to as the “Platform.” This Platform is maintained as a service to our customers. By using this Platform, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this Platform.
1. Agreement. This Terms and Conditions of Use agreement (the "Agreement") specifies the terms and conditions for access to and use of this Platform. This Agreement may be modified at any time by Pulse Charter Connect upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time within the Platform. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Privacy. Your use of our Platform is also governed by our Privacy Policy. Please review our Privacy Policy as available on the Platform.
3. Pulse Charter Connect Platform Connects Users. The Pulse Charter Connect Platform is a web- and app-based marketplace which enables connections between Transplant Centers and Charter Operators. “Transplant Centers” are licensed medical facilities that coordinate and conduct organ transplants in the ordinary course of business. “Charter Operators” are businesses seeking to transport organs to and from Transport Centers through aircraft services. “Brokers” are individuals or entities that arrange transactions between third parties in the transplant industry. “Organ Procurement Organizations” are organizations responsible for the recovery of organs for transplantation. Transport Centers, Charter Operators, Brokers, and Organ Procurement Organizations together are hereinafter referred to as “Users,” and the organ transplant services provided between the Users are hereinafter referred to as “Services.”
USERS ARE INDEPENDENT BUSINESS OWNERS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF PULSE CHARTER CONNECT. PULSE CHARTER CONNECT DOES NOT PERFORM ORGAN TRANSPLANT SERVICES, INCLUDING TRANSPORTATION, AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM ORGAN TRANSPLANT SERVICES, INCLUDING TRANSPORTATION. PULSE CHARTER CONNECT OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS USERS WITH SERVICE PROVIDERS WHO WISH TO PERFORM A VARIETY OF SERVICES.
USERS HEREBY ACKNOWLEDGE THAT PULSE CHARTER CONNECT DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL, OR MONITOR A USER’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
Any reference on the Platform to a User being licensed or credentialed in some manner indicates only that the User has completed a relevant account registration process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification, or guarantee by Pulse Charter Connect of such User’s skills or qualifications or whether they are licensed, insured, trustworthy, safe, or suitable. Instead, any such description is intended to be useful information for other Users to evaluate when they make their own decisions about the identity and suitability of Users whom they select, interact, or contract with via the Pulse Charter Connect Platform.
The Pulse Charter Connect Platform enables connections between Users for the fulfillment of Services. Pulse Charter Connect is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the Services or Users, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Pulse Charter Connect makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Services requested or Services provided by, or the communications of or between, Users identified through the Pulse Charter Connect Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
4. Verification. Users may be subject to a review process before they can register for and during their use of the Pulse Charter Connect Platform, which may include but is not limited to identity verification and background checks, using third party services as appropriate (“Background Checks”). Although Pulse Charter Connect may perform Background Checks, Pulse Charter Connect cannot confirm that any User is who they claim to be, and Pulse Charter Connect cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property. Pulse Charter Connect will not be liable for any false or misleading statements made by Users of the Pulse Charter Connect Platform.
NEITHER PULSE CHARTER CONNECT, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES” ) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PULSE CHARTER CONNECT PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE PULSE CHARTER CONNECT AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PULSE CHARTER CONNECT PLATFORM.
5. Online Marketplace. The Platform operates as an online marketplace that connects Users with who wish to perform Services. Pulse Charter Connect does not perform the Services and does not employ people to perform the Services. Pulse Charter Connect Users are independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the Services performed by and for Users through the Platform. Pulse Charter Connect does not control or direct the Users’ performance of their services or set their work locations, work hours, or terms of work. Users provide the Services under their own name or business name, and not under Pulse Charter Connect’s name. Users provide their own tools and supplies to perform their Services; Pulse Charter Connect does not provide the tools or supplies. Users are free to maintain a clientele without any restrictions from Pulse Charter Connect and are free to offer and provide their Services elsewhere, including through competing platforms, unless Users initially engage through the Platform. If Users initially engage through the Platform, such Users agree to complete the engaged transaction through the Platform. Users are free to accept or reject other Users and contracts. Users are not penalized for rejecting other Users or contracts, though if Users engage with another User or contract through the Platform, they are expected to fulfill their contractual obligations. Users set their own rates for Services performed through the Platform, without deduction by Pulse Charter Connect.
The Pulse Charter Connect Platform is not an employment agency service or business and Pulse Charter Connect is not an employer of any User. Users acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements (as defined below) and performing Services and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by agreeing to these Terms.
6. User Representations and Warranties. All Users represent and warrant that:
(a) You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for U.S. based users), and are otherwise capable of entering into binding contracts;
(b) You have the right, authority and capacity to enter into this Agreement and to abide by these Terms, and that you will so abide;
(c) You have read, understand, and agree to be bound by these Terms and the Privacy Policy applicable to the country where the Services are performed;
(d) Services shall only be performed in a country where the Pulse Charter Connect Platform has a presence;
(e) You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users;
(f) You will fulfill the commitments you make to other Users, communicate clearly and promptly, be present and/or available at the time you agree upon with other Users as the case may be, and only utilize the third party payment service provider specified or approved by Pulse Charter Connect to make or receive payment for Services provided through the Pulse Charter Connect Platform;
(g) You will act professionally and responsibly in your interactions with other Users;
(h) You will perform the Services in a timely manner;
(i) You will use your real name or business name on your profile;
(j) When using or accessing the Pulse Charter Connect Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
(k) Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement;
(l) Other than as fully and promptly disclosed in writing to Pulse Charter Connect, you do not have any motivation, status, or interest that Pulse Charter Connect may reasonably wish to know about in connection with the Pulse Charter Connect Platform, including without limitation, if you are using or will or intend to use the Pulse Charter Connect Platform for any journalistic, academic, investigative, or unlawful purpose;
(m) When using the Pulse Charter Connect Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
(n) You are customarily engaged in an independently established business of the same nature as the services performed for Users through the Pulse Charter Connect Platform, and maintain an independent clientele;
(o) You have the unrestricted right to work in the jurisdiction in which you will be performing Services;
(p) If the Services are performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
(q) You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking the Services;
(r) You have any and all insurance required to operate your business and provide your Services;
(s) You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Services as agreed upon; and providing timely, high-quality services;
(t) You will only offer and provide Services for which you have the necessary skills and expertise and provide those services safely and in accordance with all applicable laws.
7. Contract Between Users. You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a Service. The terms of the Service Agreement include the terms set forth in this Section 7, the engagement terms proposed and accepted on the Pulse Charter Connect Platform, and any other contractual terms accepted by both the User and you to the extent such terms do not conflict with the terms in these Terms, including this Section 7, and do not expand Pulse Charter Connect’s obligations or restrict Pulse Charter Connect’s rights under these Terms. If a Charter Operator or Broker chooses to bid on a flight to transport organs or other medical material, the Charter Operator or Broker must be available for such flight. Pulse Charter Connect is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Pulse Charter Connect and the User, nor will it create an employment relationship between the Users. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Pulse Charter Connect.
A User’s failure to comply with this provision shall be a violation of these Terms and could lead to removal from the Pulse Charter Connect Platform. Users assume full and sole responsibility for the acts and omissions of all of its employees, agents, and representatives.
Users shall pay any User that they engage with in full for all Services as indicated on the Pulse Charter Connect Platform, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance, and completion of the Services.
8. User Requirements. Upon registration for the Pulse Charter Connect Platform, Charter Operators and Brokers shall provide to Pulse Charter Connect a copy of:
(a) Part 135 Operating Certificate;
(b) Safety certificate (ARG/US Gold, ARG/US Gold Plus, ARG/US Platinum, WYVERN Registered, WYVERN Wingman, ISBAO-I, ISBAO-II, ISBAO-III, CAMTS) or other, if applicable;
(c) Security Program Certificates, if applicable (i.e. 12-5 Program); and
(d) An applicable Certificate of Insurance.
Upon written request and at any time, Users shall provide to Pulse Charter Connect a copy of:
(a) Any applicable incident report;
(b) Type ratings and qualifications of flight crew members;
(c) Pilot training recency (e.g. medical certifications, currency, etc.);
(d) Inspection reports;
(e) Maintenance reports; and
(f) Flight crew training reports.
Pulse Charter Connect recommends that Charter Operators and Brokers require pilots to obtain:
(a) Basic Indoctrination Training;
(b) Emergency Training;
(c) Crew Resource Management Training;
(d) Initial Ground and Flight Training;
(e) Upgrade Ground and Flight Training;
(f) Recurrent Ground and Flight Training;
(g) Requalification Training;
(h) Differences Ground and Flight Training;
(i) Transition Ground and Flight Training;
(j) Hazardous Materials; and
(k) Recency (day/night landings in category/class/type).
Pulse Charter Connect recommends that Charter Operators and Brokers require the the following for applicable aircraft:
(a) 100-hour inspection
(b) ELT/Transponder
9. Ownership. All content included on the Pulse Charter Connect Platform, including but not limited to text, formulas, or outputs, is and shall continue to be the property of Pulse Charter Connect or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Platform is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Platform.
By submitting any comments, suggestions, ideas, questions, postings, web forms, contest entries, and other information and content to us (“Comments”), you grant to us the worldwide, perpetual, non-exclusive, transferable, sublicensable right and license to freely use your Comments to market and improve the Platform and its services and for other promotional purposes through all sales channels and in all media, whether now known or later created, as we deem necessary. You are solely responsible for all of your Comments, and you waive any claim arising from or relating to use of your Comments.
10. Intended Audience. This Platform is not intended for any children under the age of 18 and such use is restricted.
11. Trademarks. Any trademarks or registered trademarks of Pulse Charter Connect, including but not limited to the “Pulse Charter Connect” mark relating to the Platform, shall remain the sole property of Pulse Charter Connect and no license to such trademarks is granted to you by your use of this Platform. Other product and company names mentioned on this Platform may be trademarks of their respective owners.
12. Platform Use. Pulse Charter Connect grants you a limited, revocable, nonexclusive license to use the Platform solely for commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Platform, reverse engineer or break into the Platform, circumvent the Platform, or use materials, products, or services in violation of any law. The use of the Platform is at the discretion of Pulse Charter Connect and Pulse Charter Connect may terminate your use of this Platform at any time.
Pulse Charter Connect reserves the right to withdraw or amend this Platform, and any service or material Pulse Charter Connect provides on the Platform, in our sole discretion without notice. Pulse Charter Connect will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, Pulse Charter Connect may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
You are responsible for both:
(a) Making all arrangements necessary for you to have access to the Platform; and
(b) Ensuring that all persons who access the Platform through your internet connection are aware of these Terms and Conditions of Use and comply with them.
To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You are fully responsible for all uses of your password, including any unauthorized use. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions of Use.
13. Payment Terms. Your use of the Platform is subject to a subscription and fee as indicated below. Once charged, a subscription cannot be reversed and no refunds can be processed. You agree to pay all fees or charges to your account in accordance with the billing terms in effect at the time a fee or charge is due and payable. Pulse Charter Connect reserves the right at any time to change its prices and billing methods by posting such information on its website. There may be an option for automatic renewal with the purchase of some Products or services. If you agree to the automatic renewal of the product or service at the time of your purchase of such product or service, you agree that Pulse Charter Connect is authorized to automatically charge your credit or debit card at the time of renewal unless otherwise notified by you.
Transplant Centers. Transplant Centers will be charged an annual fee of $5,000 per year in equal monthly installments.
Charter Operators. Charter Operators will be charged a monthly fee of $350.00 per month for up to five (5) aircraft and $150.00 per month for each additional aircraft thereafter.
Brokers. Brokers will be charged a fee of $500.00 per month.
Promotional Offers. Pulse Charter Connect may make certain promotional offers available, which may require a nonrefundable deposit. You agree to be bound by the terms of such promotional offer, including the nonrefundable nature of the deposit.
Billing and Payments. By providing your credit or debit card information (or other payment method accepted by Pulse Charter Connect from time to time) when you sign up, and as updated from time to time on your account (your “Payment Method”), you authorize Pulse Charter Connect and/or our third-party payment processor to charge your Payment Method the then-effective rate for your subscription. If your Payment Method cannot be authorized or is otherwise in error, we may suspend or cancel your delivery for the affected period of the subscription. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. We are not responsible for any fees incurred by you when charging or retrying your Payment Method, including but not limited to, overdraft fees. You can update or change your Payment Method and other billing and payment account information by visiting your account page in the Platform. We use a third-party payment service to process your Payment Method. We do not receive, store, or process your Payment Method. By submitting your Payment Method through the Platform, you agree that we may use a third party to receive, store and process your Payment Method. You further agree that we will not be responsible for any failures of the third party to adequately protect your Payment Method and other information in such third party’s possession. You agree that your provision of your Payment Method and other information to such third party is subject to the conditions of the third-party payment service provider's terms of service and by providing your Payment Method and related information you agree to such third party’s terms and conditions of service. You acknowledge that we may change the third-party payment service and move your information to other service providers that encrypt your information using industry standard security technology.
14. Geography. Pulse Charter Connect is based in the State of Illinois in the United States. Pulse Charter Connect provides the Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
15. Prohibited Uses. You may use the Platform only for lawful purposes and in accordance with these Terms and Conditions of Use. You agree not to use the Platform:
(a) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
(c) In any manner that discriminates on the basis of race, color, ethnicity, national origin, ancestry, religion, sex, gender, gender identity or expression, sexual orientation, age, military or veteran status, marital status, or disability;
(d) In any manner that abuses, threatens, defames, libels, incites hatred or violence toward, victimizes, intimidates, or otherwise harasses any person or group of persons;
(e) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
(f) To impersonate or attempt to impersonate Pulse Charter Connect, a Pulse Charter Connect employee, another user, or any other person or entity (including, without limitation, by using email addresses or unique identifier associated with any of the foregoing); or
(g) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm Pulse Charter Connect or the users of the Platform, or expose them to liability.
Additionally, you agree not to:
(a) Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform;
(b) Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
(c) Use any manual process to monitor, modify, or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms and Conditions of Use, without our prior written consent;
(d) Use any device, software, or routine that interferes with the proper working of the Platform;
(e) Use the Platform for benchmarking, or to compile content for a competitive product or service;
(f) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(g) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform;
(h) Take any action that may damage or falsify Pulse Charter Connect’s or the Platform’s rating in any online marketplace;
(i) Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or
(j) Otherwise attempt to interfere with the proper working of the Platform.
16. Deactivation and Suspension. Pulse Charter Connect may suspend your right to use the Platform pending its investigation of a potential breach by you of these Terms. Pulse Charter Connect may deactivate your account or limit your use of the Pulse Charter Connect Platform upon its determination that you breached a provision of these Terms (a “User Breach”). Pulse Charter Connect will provide you with written notice of its determination as required by law, unless we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety.
If Pulse Charter Connects suspends or deactivates your account or limits your use of the Pulse Charter Connect Platform pursuant to this Section 16, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Even after your right to use the Pulse Charter Connect Platform is suspended, terminated, or limited, these Terms will remain enforceable against you. Pulse Charter Connect reserves the right to take appropriate legal action pursuant to these Terms.
Pulse Charter Connect reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Pulse Charter Connect Platform at its sole discretion. Pulse Charter Connect will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Pulse Charter Connect shall not be liable to you for any modification or discontinuance of all or any portion of the Pulse Charter Connect Platform. Pulse Charter Connect has the right to restrict anyone from completing registration if such person or entity may threaten the safety and integrity of the Pulse Charter Connect Platform, or if such restriction is necessary to address any other reasonable business concern.
17. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Platform, including laws with respect to the use of plug-ins. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
18. Indemnification. You agree to defend, indemnify, and hold harmless Pulse Charter Connect, its Affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions of Use or your use of the Platform, including, but not limited to (i) your use or inability to use, or your participation on, the Pulse Charter Connect Platform; (ii) your participation in the Services, or your ability or inability to perform or obtain the performance of the Services or to receive payment therefore; (iii) your breach or violation of these Terms; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Section 6; (vi) any content submitted by you or using your account to the Pulse Charter Connect Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) the acts or omissions of another User’s agents or representatives.
19. Disclaimer. THE INFORMATION ON THIS PLATFORM IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS PLATFORM IS AT YOUR SOLE RISK. PULSE CHARTER CONNECT DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE PLATFORM SHALL BE TO DISCONTINUE USING THE PLATFORM.
20. Limitation of Liability. You acknowledge and agree that Pulse Charter Connect is only willing to provide the Pulse Charter Connect Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Pulse Charter Connect and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys’ fees and costs (collectively, “Liabilities” ) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Pulse Charter Connect Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User, any dispute with any User, any instruction, advice, act, or service provided by Pulse Charter Connect and Affiliates, and any destruction of your user generated content.
UNDER NO CIRCUMSTANCES WILL PULSE CHARTER CONNECT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE PLATFORM, YOUR PLATFORM USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM AND/OR CONTENT IS TO CEASE ALL OF YOUR PLATFORM USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
PULSE CHARTER CONNECT AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS PULSE CHARTER CONNECT PLATFORM. PULSE CHARTER CONNECT AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF SERVICES PROVIDED VIA THE PULSE CHARTER CONNECT PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT PULSE CHARTER CONNECT AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO PULSE CHARTER CONNECT DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
21. Use of Information. Pulse Charter Connect reserves the right, and you authorize us, to use and assign all information regarding Platform uses by you and all information provided by you in any manner consistent with our Privacy Policy.
22. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Platform;
(d) Your address, telephone number, and e-mail address;
(e) 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
(f) 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.
Our Copyright Agent for Notice of claims of copyright infringement on the Platform is our Support Team, who can be reached as follows:
By Email: info@pulsecharterconnect.com
23. Applicable Law. You agree that the laws of the state of Delaware, without regard to conflicts of laws provisions will govern these Terms and Conditions of Use and any dispute that may arise between you and Pulse Charter Connect or its Affiliates.
24. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
25. Waiver. The failure of Pulse Charter Connect to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Pulse Charter Connect must be in writing and signed by an authorized representative of Pulse Charter Connect.
26. Termination. Pulse Charter Connect may terminate this Agreement at any time, with or without notice, for any reason.
27. Relationship of the Parties. Nothing contained in this Agreement or your use of the Platform shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended that all parties shall remain independent contractors responsible for its own actions.
28. Entire Agreement. These Terms and Conditions of Use constitute the entire agreement between you and Pulse Charter Connect and govern the terms and conditions of your use of the Platform, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Pulse Charter Connect with respect to this Platform. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Platform. Pulse Charter Connect may revise and update these Terms and Conditions of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. Accordingly, you should visit the Platform and review the Terms and Conditions of Use periodically to determine if any changes have been made. Your continued use of this Platform after any changes have been made to the Terms and Conditions of Use signifies and confirms your acceptance of any such changes or amendments to the Terms and Conditions of Use.
29. Contact Information.
Pulse Charter Connect Inc.
info@pulsecharterconnect.com