Terms And Conditions Of Use

Terms and Conditions of Use

IMPORTANT—PLEASE READ CAREFULLY

1. INTRODUCTION

1.1

This Exchange Pulse, Ltd. ("Exchange Pulse") Terms and Conditions of Service ("Agreement") sets forth the terms and conditions which apply to your use of the Exchange Pulse website. By accessing or using the Exchange Pulse website, you agree to be bound by the terms of this Agreement just as if you had signed the Agreement. If you do not agree to the terms and conditions contained herein, you should terminate use and are immediately prohibited from the use of the Exchange Pulse website.

1.2

Exchange Pulse, Ltd., or any of its related, affiliated or subsidiary companies (individually and collectively, "Exchange Pulse"), reserves the right to modify, amend or otherwise change the Agreement at any time without prior notice. By accessing the Exchange Pulse website you signify your agreement to this Agreement as it has been modified or amended.

2. RESTRICTIONS ON USE

2.1

Material from the Exchange Pulse website (www.exchangepulse.com), or any other World Wide Web site owned, operated, licensed, or controlled by Exchange Pulse may not be copied, distributed, republished, uploaded, posted or transmitted in any way, without the prior written consent of Exchange Pulse. The material on this site is provided for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material Exchange Pulse judges to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Exchange Pulse from any claims resulting from the use of service which damages the subscriber or any other party.

2.2

If you download materials from the Exchange Pulse website, the materials, including all files, images, software, and accompanying information (together, the "Materials") are deemed to be licensed to you by Exchange Pulse. Neither title nor intellectual property rights are transferred to you, but remain with Exchange Pulse, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, use the Materials for any commercial purpose, or for any public display (commercial or non-commercial), remove any copyright or other proprietary notations from the Materials, transfer the Materials to another person or "mirror" the Materials on any other server, or otherwise convert the Materials to any human perceivable form. This license shall automatically terminate if you violate any of these restrictions and Exchange Pulse reserves the right to terminate this license at any time.

2.3

It is a condition of your use of the Exchange Pulse website that you do not:

(a)
restrict or inhibit any other user(s) from using and enjoying the Exchange Pulse website;
(b)
post or transmit any unlawful, threatening, abusive, libelous, illegal, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind;
(c)
post or transmit comments containing harassing or offensive language;
(d)
post or transmit any material which is in violation of any law or another’s’ intellectual property rights;
(e)
post or transmit any material which contains a harmful component;
(f)
post or transmit content that encourages or provides instructional activities about illegal activities;
(g)
post, transmit or in any way exploit any materials for commercial purposes or which contains advertising;
(h)
solicit other users to join, become members of, or contribute money to any online service or organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; and
(i)
impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity.

2.3.1

NOTICE: If your account is found to contain any of the illegal activity or illegal files stated above or any illegal activity or files considered illegal by the federal government, your account will be terminated immediately without notice. Additionally, Exchange Pulse will notify the proper authorities of your actions. As Exchange Pulse customers, you are responsible for all your accounts. Should you violate the Agreement outlined within, your account will be cancelled without refund.

3. PRODUCTS AND SERVICES

3.1

The materials on Exchange Pulse's website are provided "as is". Exchange Pulse makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Exchange Pulse does not warrant nor make any representations concerning the accuracy, legality, likely results, validity, or reliability of the use of the materials on its internet website or otherwise relating to such materials or on any sites linked to this site. The materials appearing on Exchange Pulse's website could include technical, typographical, or other errors. Exchange Pulse may make changes to the materials contained on its website at any time without notice. Exchange Pulse does not, however, make any commitment to update the materials.

3.2

The Exchange Pulse website may contain links to other Internet sites on the World Wide Web. Exchange Pulse provides such links for your convenience only, and is not responsible for the content of any website linked to or from the Exchange Pulse website. Links from its website to any other website do not mean that Exchange Pulse approves of, endorses, or recommends that website. Use of any such linked web site is at the user's own risk.

3.3

The products and services on the Exchange Pulse website may not be available for purchase and/or use in your particular country or locality and reference to such products and services on its website does not imply or warrant that these products or services will be available at any time in your particular location.

3.4 Billing

3.4.1

By the Account Activation Date of each month, Exchange Pulse shall either: (1) debit the your credit card (when such information has been provided by you);or (2) deliver, by e-mail, an invoice in accordance with the applicable charges for services rendered for the current month. When an invoice is delivered to you, payment shall be remitted to Exchange Pulse by no later than the specified payment due date. Exchange Pulse shall be entitled to immediately terminate this agreement for your failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is your responsibility to ensure that you have sufficient credit to cover this transaction. In the event that there is insufficient credit, Exchange Pulse will send an e-mail notification, at which point they will need to be provided with another credit card account number within 24 hours. If Exchange Pulse does not receive a response within 24 hours, your account, and all accounts under your account plan, will be suspended.
3.4.2

If you terminates this Agreement, you shall be responsible for any and all outstanding charges owed to Exchange Pulse and agrees to pay any and all charges incurred by client. Because the services are provided on a monthly basis, you will be responsible for service charges incurred each month, regardless of when you provide notice of termination. For example, if you provide notice of termination on the 15th day of a particular month, you will be responsible for service charge for the entire month, and such charges will not be pro-rated or refunded.

3.5 Refund Policy

Since Exchange Pulse is a monthly service and you are not bound by any long-term contract, Exchange Pulse DOES NOT provide refunds. You are billed every 30 days for the service. You can cancel the service at any time. Once you cancel you won’t be charged again, but you are responsible for whatever charges have already been incurred for the current billing period. For example, if your billing cycle is on the 12th of every month, and you cancel on the 20th, you’ll still have to pay for the current month, but you won’t be charged again after that. In order to treat everyone equally, no exceptions will be made. In case of violations of the Agreement, any and all refunds are forfeit.

3.6

Exchange Pulse offers its customers "live," "30-minute delayed," "Day Old," and "Week Old" data. This hereby means the Exchange Pulse server is constantly gathering data in increments of up to 10 seconds or more for "live" data, 30 minutes or more for "30-minute delayed," 24 hours old for "Day Old", and seven days old for "Week Old". Exchange Pulse assumes no liability, damages, costs, or expenses for delays in "live" or any other data feed. The speed of Exchange Pulse data feeds is directly dependent upon the speed of its third party data provider, Thomson Reuters.

4. LIMITATION OF LIABILITY

4.1

Exchange Pulse makes no guarantee of the availability of its website and reserves the right to change, withdraw, suspend or discontinue any functionality or feature of its website at any time. The content on the website is made available for your general information and use, and is not intended for trading purposes or to address your particular requirements. IN NO EVENT will Exchange Pulse be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Exchange Pulse website or any content thereon for any reason including, without limitation, Exchange Pulse’s removal or deletion of any materials or records submitted or posted on its website for any reason. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused; any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.

4.2

(a)
any incidental, punitive, special or consequential damage, loss or expenses including but not limited to any loss of business, contracts, revenue, or profits, any business interruption, security breach, loss of data, loss of goodwill or reputation or other pecuniary loss suffered by you;
(b)
any damage, loss or expenses suffered by you as a result of any viruses, worms, or similar programs, denial or service attack, spamming or hacking or consequential damages or any claim against us by any other party;
(c)
any fault, inaccuracy, omission, delay or any other failure in the website or service caused by your computer equipment or arising from your use of the service on such equipment;
(d)
any inaccuracies or errors in or omissions from the website or service including, but not limited to, quotes and financial data;
(e)
any delays, errors or interruptions in the transmission or delivery of the website or service; and/or
(f)
any loss or damage arising by any reason of non-performance.

4.3

You agree to defend, indemnify and hold harmless Exchange Pulse, its affiliates and its respective directors, officers, employees suppliers, general partners, affiliates, subsidiaries, successors, assigns, and third party agents from and against the above stated liabilities and damages done to you directly or indirectly arising out of or accruing from:

(a)
any material posted or otherwise provided by you that infringes any intellectual property right of any person or defames any person or violates their rights of publicity or privacy;
(b)
any misrepresentation made by you in connection with your use of the Exchange Pulse website;
(c)
any non-compliance by you with the terms and conditions of this Agreement; and/or
(d)
claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Exchange Pulse website, including information obtained through any offered services.

4.4

We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, or any user of this site or other person or entity. Reliance upon any such opinion, advice, statement, or other information shall also be at your own risk. Appropriate independent advice should be obtained before making any such decision. Any arrangements made between you and any third party named on this website are at your sole risk and responsibility.

4.5

Exchange Pulse reserves the right to refuse, cancel or suspend service, at their sole discretion. All sub-networks, distributive hosting sites and dedicated servers of Exchange Pulse must adhere to the Agreement set herein, with the exception of system resources in respect to dedicated servers.

4.6 Server Uptime Guarantee

Although Exchange Pulse has an excellent record for reliability, there is no offer of an uptime guarantee. However, the Exchange Pulse network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades. Exchange Pulse is not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website or service.

4.7

Exchange Pulse cannot be held liable for system down time, crashes or data loss. Exchange Pulse cannot be held liable for any predicated estimate of profits which a client would have gained if the site was functioning. Certain services provided by Exchange Pulse are resold. Thus, certain equipment, routing, software and programming used by Exchange Pulse are not directly owned or written by it. Moreover, Exchange Pulse holds no responsibility for the use of your accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. Exchange Pulse reserves the right to remove any account, without advance notice for any reason without restitution, as it sees fit.

5. TRADEMARKS, INTELLECTUAL PROPERTY, AND OTHER PROPRIETARY INFORMATION

5.1

All trademarks and trade name rights used on this website are owned worldwide by Exchange Pulse or our affiliated companies. The copying, redistribution, use or publication by you of any of our marks, except as expressly agreed to in writing by Exchange Pulse is strictly prohibited.

5.2

All remarks, suggestions, ideas, graphics, or other information communicated to Exchange Pulse through this site (together, the "Submissions") will forever be the property of Exchange Pulse. Exchange Pulse will not be required to treat any Submissions as confidential, except for that information given protection under the "Exchange Pulse Privacy Policy," and will not incur any liability as a result of any similarities in future Exchange Pulse operations.

6. Privacy

6.1 Information Collected

6.1.1

The information Exchange Pulse collects is used to improve the content of the website, used to notify consumers about updates to the website, used by Exchange Pulse to contact consumers for marketing purposes, disclosed when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing its website and applicable laws or to protect against misuse or unauthorized use of the website.
6.1.2 Statistical Data:

Exchange Pulse servers track traffic metrics such as IP addresses, browser type, operating system, number of subscribers to exchanges, and referring pages to help with site maintenance, marketing impressions, and improvements. This data is viewed only as anonymous statistics to show the busiest traffic times of the day or week, pages with errors, number of exchange subscribers, and how effective our advertising has been. Unique identifiers are collected from website visitors to verify the user's identity. This information is not used for any other purpose. Your name and other information is NOT collected unless you specifically provide it.
6.1.3 Personal Information

This notice applies to all information collected or submitted on the Exchange Pulse website. On some pages, you can order services, make requests, and register to receive information, etc. Some examples of the types of personal information collected at these pages include:
  Name
  Address
  Email address
  Phone number
  Credit/Debit Card Information
  Company Information
  (etc.)
6.1.4 Cookies:

Exchange Pulse uses cookies to store your preferences, record session information, such as items that consumers add to their shopping cart, alert visitors to new areas that they think might be of interest to you when you return to the website, and ensure that you are not repeatedly sent the same banner ads.
6.1.5 Demographics and Profile Data:

Demographic and profile data is also collected on the website. Exchange Pulse uses this data to tailor your experience on the website by showing you content that it think visitors might be interested in, and displaying the content according to its preferences.
6.1.6 Domain Names and E-mail Addresses

Exchange Pulse collects your domain name and e-mail address (where possible) to its website, the e-mail addresses of those who communicate with it via e-mail, aggregate information on what pages you access or visit, information volunteered by you, such as survey information and/or site registrations, name and address, telephone number, fax number, payment information (e.g., credit card number and billing address).
6.1.7 Postal Addresses

If you supply Exchange Pulse with your postal address on-line you may receive periodic mailings from Exchange Pulse with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let send an email to info@exchangepulse.com.
6.1.8 Telephone Numbers

Persons who supply Exchange Pulse with their telephone numbers on-line may receive telephone contact from Exchange Pulse with information regarding new products and services or upcoming events. If you do not wish to receive such telephone calls, please send an email to info@exchangepulse.com.
6.1.9 Ad Servers

With respect to Ad Servers, Exchange Pulse will try and bring you offers that are of interest to you and has relationships with other companies that it allows to place ads on its website. As a result of your visit to the Exchange Pulse website, ad server companies may collect information such as your domain type, your IP address and clickstream information. For further information, consult the privacy policies of Google AdSense. https://www.google.com/adsense/support/bin/answer.py?answer=48182&hl=en&sourceid=aso&subid=ww-en-et-storefrontEN_v2_ProgramPoliciesLink&medium=link
6.1.10 Third Parties:

Information collected on this site is strictly for the use of Exchange Pulse only. No other outside persons may view your personal information (credit card information, telephone, address, e-mail, etc.).
6.1.11

From time to time, Exchange Pulse may use your information for new, unanticipated uses not previously disclosed in this privacy policy. If the information practices change at some time in the future they will post the policy changes to its website to notify you of these changes. Exchange Pulse will use, for these new purposes, only data collected from the time of the policy change forward. If you are concerned about how your information is used, you should check back at the website periodically.

6.2 Our Commitment to Data Security

6.2.1

To ensure data accuracy, the correct and accurate use of information and to prevent unauthorized access, Exchange Pulse has employed appropriate reasonable physical, electronic, and managerial procedures to safeguard and secure the information collected online. For example, Exchange Pulse uses strong SSL encryption to ensure your privacy. When Exchange Pulse transfers and receives certain types of sensitive information such as financial information, you are redirected to a secure server. Exchange Pulse has appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that is collected from you at the website.
6.2.2

Though these precautions have been taken, transmissions of data over the Internet are not guaranteed to be completely secure. Third parties, unrelated to Exchange Pulse, may be able to intercept or access transmissions or private communications unlawfully. While Exchange Pulse strives to protect your information, they cannot ensure or warrant the security of any information you transmit to them, and any such transmission is done at your own risk.

6.3 Information Collection or Removal

6.3.1

If you wish to correct, update or remove any information about you that may be in the Exchange Pulse records, please send an e-mail to info@exchangepulse.com with the details of your request. You can also access and edit your information by accessing your account settings at any time on the website under "My Account". To protect your privacy and security, Exchange Pulse reserves the right to take reasonable steps to verify your identity before granting access or making corrections. If you wish to contact Exchange Pulse further, please find complete contact information on the "Contact Us" page on the website.

7. TERMINATION

7.1

At any time, Exchange Pulse may terminate your account immediately without notice if, in its sole discretion, you breach any term or condition of this Agreement.

8. SITE MODIFICATIONS

8.1

Exchange Pulse reserves the right to revise this Agreement for its website at any time without notice. It is your responsibility to refer back to these terms on a regular basis to note the revisions. Exchange Pulse also retains the right to increase any pricing and make changes to account plans without notification. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Service at all times.

9. GOVERNING LAW

9.1

When you access the Exchange Pulse website from anywhere in the world, regardless of territory, this Agreement, to the maximum extent permissible under the law of the territory that you are located in, will be governed by the laws of the United States of America and will be subject to the non-exclusive jurisdiction of the United States of America courts.

9.2

When you access the Exchange Pulse website, this Agreement, to the maximum extent permissible under the law of the territory that you are located in, shall be governed by the laws of the State of Hawaii and, where applicable, the laws of the United States of America. Any action to enforce this Agreement shall be brought in the federal or state courts located in the State of Hawaii, without regard to its conflict of law provisions. You agree to submit yourself to the personal jurisdiction of those courts.

9.3

This Agreement is deemed to contain all of the terms and conditions with respect to the Exchange Pulse website pursuant hereto. Any individual representations, warranties or other statements made by persons associated with Exchange Pulse are not deemed to be part of the stated terms and conditions unless they are explicitly provided hereto.

9.4

The headings used in this Agreement are for convenience and reference purposes only, and shall not be used in construing or interpreting the scope or intent of this Agreement or any provision hereof.

10. VIOLATIONS

10.1

Violations of this Agreement should be reported to info@exchangepulse.com. All complaints will be investigated promptly. Failure to follow any part of this Agreement will be grounds for immediate account deactivation.

Any correspondence or questions should be sent to:: info@exchangepulse.com ">info@exchangepulse.com