NOTE: THIS WEBSITE AND THE SERVICES PROVIDED HEREIN DO NOT OFFER “REAL MONEY GAMBLING”. No actual money is required to play, and the Service is intended for entertainment purposes only.
You represent and warrant that You have the right, authority, and capacity to accept these Terms and to abide by them, that You are of legal age and that You have fully read and understood the Terms. You must read these Terms carefully in their entirety before checking the box for acceptance of these Terms. By checking the acceptance, or by accessing the Games or creating a User Account, You confirm that You have read and agree to be bound by these Terms.
1.3. If You have any questions about these Terms or the Incorporated Policies, please contact customer support using the Contact Us link on the Site.
1.4. In the event of any conflict between the Terms and the Incorporated Policies, the Terms shall control.
2. Limited Revocable License
2.1. Virtual Coins. The Services may include a virtual, in-game tokens ("Virtual Coins") including, but not limited to chips, coins, credits, or points, that may be provided for free or purchased through the Services for "real world" money where legally permissible. On the Site, Games are currently played with Gold Coins and the Sweepstakes Promotions utilize Sweepstakes Coins. Subject to Your agreement and continuing compliance with these Terms, we grant You a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable, license to access and use the Service, solely for Your personal, private entertainment and no other reason. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Coins with the Services, You have no right or title in or to any such Virtual Coins appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. You acknowledge and agree that Your license to use the Service is limited by these Terms and if You do not agree to, or act in contravention of, these Terms, Your license to use the Service may be immediately terminated. We have the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Coins as it sees fit in its sole discretion to the extent legally permissible, and We shall have no liability to You or anyone for the exercise of such rights.
2.2. The transfer or sale of Virtual Coins by You to any other person is strictly prohibited. Nor may You sell or assign Your User Account to any other person under any circumstances. Any attempt to do so is in violation of these Terms, will result in in closure and forfeiture of the User Account, and may result in a lifetime ban from the Services and possible legal action.
2.3. You understand and agree that any sales of Virtual Coins are final and that We are not required to provide a refund for any reason. All Virtual Coins are forfeited if Your account is terminated or suspended for any reason, in our sole and absolute discretion or if the Services are no longer available. To the extent legally permissible, if Your account, or a particular subscription for the Service associated with Your account, is terminated, suspended and/or if any Virtual Coins are selectively removed or revoked by Us from Your account, no refund will be granted, no Virtual Coins will be credited to You or converted to cash or other forms of reimbursement.
2.4. These Terms do not grant You any right, title or interest in the Service.
2.5. This Service is licensed, not sold, to You. You agree that we and our licensors own all rights, title and interest in and to the Service, including all intellectual property rights therein as further specified below in Section 10, and that we retain ownership of the Service even after installation on Your device. You agree not to delete or in any manner alter the copyright, trademark or other proprietary rights notices or markings which may appear on the Service.
2.6. Except as identified and specified in these Terms, You agree not to:
2.6.1. sell, rent, distribute, transfer, license, sub-license, lend or otherwise assign any rights of any part of the Service to any third party;
2.6.2. copy, modify, create derivative works of the Service (including but not limited to any software that forms part of the Service), including, without limitation, making adaptations or modifications to the Service;
2.6.3. reproduce the Service or any part in any form or by any means;
2.6.4. exploit the Service in any unauthorized way whatsoever, including without limitation, by trespass or burdening network capacity;
2.6.5. disassemble, decompile, reverse engineer, or attempt to derive the source code of the Service, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law;
2.6.6. make the Service available to multiple users by any means, including by uploading the Service to a file-sharing service or other type of hosting service or by otherwise making the Service available over a network where it could be used by multiple devices at the same time;
2.6.7. misrepresent the source of ownership of the Service;
2.6.8. scrape, build databases or otherwise create permanent copies of any content derived from the Service; or
2.6.9. use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.
Your eligibility for continued use of the Service is contingent on Your ongoing compliance with these Terms, in particular:
3.1. You are over 18 years of age or the minimum legal age of majority whichever is higher in the jurisdiction of Your residence and are, under the laws of the jurisdiction(s) applicable to You, You are legally allowed to participate in the Games and access the Service;
3.2. You understand and accept that we are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Service;
3.3. You will monitor Your User Account and ensure that no child under the age of 18 can access the Service using Your User Account. You accept full responsibility for any unauthorized use of the Service by minors and You acknowledge that You are responsible for any use of the Service, including use of Your credit card or other payment instrument by minors;
3.4. You do not reside in and will not access the Games or Service from the states of Washington, Idaho or Nevada (USA);
3.5. You participate in the Games strictly in Your personal capacity for recreational and entertainment purposes only;
3.6. all information that You provide to us during the term of validity of these Terms is true, complete and correct;
3.7. You will not be involved in any fraudulent or other unlawful activity in relation to Your participation in any of the Games and You will not use any software-assisted methods or techniques (including but not limited to “bots” designed to play automatically) for Your participation in any of the Games. We reserve the right to invalidate any participation in the event of such behavior;
3.8. in relation to the purchase of Gold Coins You must only use a valid Payment Mechanism which lawfully belongs to You.
4. Your User Account
4.1. Only one User Account is permitted per person. In the event You open or try to open more than one User Account, all User Accounts You have opened or try to open may then be terminated or suspended any prizes or Virtual Coins balances may be voided.
4.2. If You lose access to Your User Account , You must not register a new User Account. Rather You must contact customer support via the Contact Us form to have Your account status updated.
4.3. You are required to keep Your personal details up to date. If You change Your address, email, phone number or any other contact details or personal information please contact customer support. The name that You provide to us at registration must be match any identification You provide for Your User Account verification.
4.4. During the registration process You will be required to select a password unless (i) You login to Your User Account using the Facebook® login facility in which case Your Facebook® password will apply or (ii) You login to Your User Account using the Google® login facility in which case Your Google® password will apply.
4.5. You confirm that You will not share Your User Account or password with another person or let anyone else access or use Your User Account without our written permission. You will not access or use a User Account which has been rented, leased, sold, traded, or otherwise transferred from the account creator without our written permission.
4.6. If You become aware that or have reasons to suspect that the security of Your User Account may have been compromised, including loss, theft or unauthorized disclosure of Your password and User Account details, You must notify us immediately.
4.7. You are responsible for maintaining the confidentiality of Your User Account and accept responsibility for all uses of the User Account, including any purchases (whether or not authorized by You).
4.8. We reserve the right to close Your User Account if it is inactive for a period of sixty days or longer. You agree that We are not required to give notice to You prior to taking such action, although we may choose to do so in our sole discretion.
4.9. If You wish to close Your User Account, You may do so at any time by contacting customer support. Closing Your User Account will forfeit all continued access to and right to use, enjoy or benefit from any Virtual Coins associated with Your User Account.
4.10. We reserve the right to refuse or close a User Account at our sole discretion.
4.11. You may close Your User Account at any time by contacting customer support.
4.12. User Account registrations may be limited to a one account registrations per IP address at our sole discretion.
5. Games and Contests
5.1. In addition to these Terms, Games offered on the Service may have their own rules which are available on the Service. It is Your responsibility to read the rules of a Game before playing. You must familiarize Yourself with the applicable terms of play and read the relevant rules before playing any Game.
5.2. In addition to these Terms, Sweepstakes Promotions offered through the Service have their own rules which are available on the Service. For current Rules, see official Sweepstakes Rules. It is Your responsibility to read the rules of a Game before playing. You must familiarize Yourself with the applicable terms of play and read the relevant rules before playing any Game.
6. Purchases of Gold Coins
6.1. The name on Your Payment Mechanism must match the name on Your User Account. If it comes to our attention that the name You registered on Your User Account and the name linked to Your Payment Mechanism differ, Your User Account will be suspended, purchases may be voided, and any Virtual Coins balance may be adjusted accordingly. You must promptly notify us if Your Payment Mechanism is cancelled, lost or stolen or if the security of Your Payment Mechanism has otherwise become compromised.
6.2. You acknowledge and agree that we may, from time to time and without notice, appoint one or more Payment Agents to process or make payments from or to You on our behalf.
6.3. If one or more of Your Gold Coins purchases is subject to a charge back request, Your account will be suspended. In the event of any charge back on Your account, the amount of the charge back will be a debt owed by You to us and You must immediately submit payment for such purchases through an alternative Payment Mechanism.
6.4. You agree that we and/or our Payment Agents appointed by us from time to time may store Your Payment Mechanism details to process future purchases. By accepting these Terms, you authorize us and/or our Payment Agents to store Your payment credentials in compliance with applicable payment processing regulations.
6.5. A Payment Agent will have the same rights, powers and privileges that we have under these Terms and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event will we be liable to You for any loss, damage or liability resulting from the Payment Agent’s negligence and/or acts beyond the authority given by us.
6.6. All Gold Coins purchases will be in USD.
6.7. If You purchase Gold Coins, they will be added to Your account instantaneously unless there is any delay due to situations outside our control such as poor internet connectivity, internet failure or electricity outages.
6.8. When You purchase Gold Coins, it will appear on Your statement as a purchase from “pulsz.com”.
6.9. When You purchase Gold Coins, You will receive two confirmations: (i) an on-screen confirmation that the transaction has taken place; and (ii) an email to the email address on Your account confirming that the transaction has taken place.
6.10. When You log into Your User Account Your Gold Coins balance will be displayed in the upper right-hand corner of Your screen both on mobile and on desktop.
6.11. Gold Coins will automatically expire after an account becomes Dormant. For the purpose of these Terms “Dormant” means there has been no game play activity utilizing either Gold Coins or Sweepstakes Coins for a consecutive period of sixty (60) days.
6.12. Our Customer Support can be reached twenty-four hours seven days a week via the Contact Us page by submitting a request form. The expected response time is as soon as possible up but can take up to twelve (12) hours. For payment related queries please call +1 (424) 371-7304 which is also available twenty-four (24) hours a day seven days a week.
7.1. If You have a complaint in relation to the Service, You may contact us by selecting the “Contact Us” link on the Site and filling in the form.
7.2. Customer complaints/claims of any nature must be submitted for consideration within three (3) months of the issue giving rise to the complaint.
7.3. To protect Your privacy, all communications between You and us should be carried out using or referencing the email address that You used to register Your User Account for the Service. Failure to do so may result in our response being delayed. The following information must be included in any written communication with us (including a complaint):
7.3.1. Your user ID;
7.3.2. Your first and last name, as registered on Your User Account;
7.3.3. detailed explanation of the complaint/claim;
7.3.4. any specific dates and times associated with the complaint/claim (if applicable).
7.4. Failure to submit a written communication with the information outlined above may result in a delay in our ability to identify and respond to Your complaint/claim in a timely manner. Upon receipt, we will endeavor to reply to Your communication within seventy-two (72) hours.
7.5. Further, best efforts will be made to resolve any complaint/claim promptly, if for some reason You are not satisfied with the resolution of Your complaint/claim, You may pursue arbitration as set out below in Section 16.
8.1. All promotions including Sweepstakes Promotions, contests, and special offers are subject to these Terms, the Official Sweepstakes Rules and any additional terms that may be published at the time of the promotion, contest or special offer.
8.2. We reserve the right to withdraw or alter any such promotions without prior notice to You at our sole discretion.
8.3. We reserve the right at our sole discretion and without any requirement to give reasons to exclude You from any promotions, contests or special offers that are offered from time to time.
8.4. We reserve the right to exclude You from any promotions, contests or special offers if we believe that You have tried to enter by using more than one User Account or are otherwise engaging in any fraudulent or illegal activity (including participation that would be in breach of the law in Your local jurisdiction), whether or not You would have or might have won but for such activity. Where multiple entries/accounts have been used, we reserve the right to suspend these accounts and withhold any promotional benefits.
8.5. You confirm that You grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free License to use in whatever way we see fit, and without further acknowledgement of You as the author, any content You post or publish as part of a promotion, contest or competition.
9.1. You acknowledge that we are entitled to conduct any verification checks (including but not limited to credit background checks) that we may reasonably require and/or that are required of us under applicable laws and regulations or by relevant regulatory authorities. You agree to comply with all verification checks in a timely manner.
9.2. You agree that we may restrict Your opening or use of a User Account pending any verification checks having been completed to our satisfaction.
9.3. The documents required may include identification documentation (including photo identification) including but not limited to a government issued identification document such as a passport or driver’s license; a utility bill that matches the address registered on Your User Account; and source of wealth or source of funds documentation such as a payslip or bank statement.
9.4. In the event that any verification check cannot be completed because You have failed to provide any document, we requested from You in the form that we require within 40 days’ from the date the document was first requested, then we may, in our sole discretion, deactivate or otherwise restrict Your User Account.
9.5. You acknowledge and agree that we may use third party service providers to run external identification, location verification and other verification checks based on the information provided by You from time to time. You must enable and allow “Locations Services” on Your device or PC in order to operate the Services or access your User Account.
10. Intellectual Property
10.1. These Terms confer only the right to use the Service and they do not convey any rights of ownership in or to the Service.
10.2. All rights, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service will remain our sole property or where licensed from a third party their sole property.
10.3. Your use of the Games will not convey any ownership rights in the intellectual property to You. The titles, source and object codes, game client and server software, the “look and feel” of the Games, sounds, musical compositions, audio-visual effects, concepts and methods of operation, layout, text, data, User Accounts, themes, objects, characters and character likenesses, character names and character profile information, stories, dialogue, catch phrases, locations, artwork, animations files, images, graphics, documentation, gaming history and recording of game play, transcripts of any chat rooms, and moral rights, whether registered or not, and all applications related to the above will remain vested in us or any third party supplier of the Games.
10.4. Notwithstanding, anything to the contrary in these terms, You acknowledge and agree that You shall have no ownership or other property interest in the User Account, and You further acknowledge and agree that all rights in and to the user account are and shall forever be owned by and inure to the benefit of us.
11. Responsibility for User Generated Content
11.1. You are responsible for complying with all laws applicable to Your User Content. You agree not to submit to the Service, or send to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, illegal material or any material that infringes or violates another party’s rights.
11.2. You will not provide inaccurate, misleading or false information to us or to any other user of the Service. If information provided to us, or another user of the Service, subsequently becomes inaccurate, misleading or false, You will notify us of such change immediately.
11.3. We may, in our sole discretion, delete any User Content without notice but are under no obligation to do so. We have no responsibility for the conduct of any user in the Service, including any User Content submitted in the Service. We assume no responsibility for monitoring the Service for inappropriate content or conduct. Your use of the Service is at Your own risk.
11.4. You hereby grant us the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display and use any User Content and to incorporate the same in other works in any form, media, or technology now known or later developed.
11.5. You further hereby grant to us the unconditional, right to use and exploit Your name, likeness and any other information or material included in any User Content and in connection with any User Content or Your User Account, without any obligation to You. You waive any rights of attribution and/or any moral rights You may have in Your User Content, regardless of whether Your User Content is altered or changed in any manner except as prohibited by law.
11.6. You acknowledge and agree that all User Content whether publicly posted or privately transmitted to the Service is at Your sole responsibility and risk. We disclaim any responsibility for the backup and/or retention of any User Content transmitted to the Service.
11.7. Prohibited Content; User Content that is prohibited in the Service includes, but is not limited to:
11.7.1. User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
11.7.2. Harassing User Content;
11.7.3. User Content of a sexual or offensive nature;
11.7.4. User Content that promotes terrorism or religious hatred;
11.7.5. User Content that promotes illegal activities or conduct that is abusive, threatening, obscene or defamatory;
11.7.6. User Content of commercial nature without authorization from us; or
11.7.7. Content promoting the services of another business or competitor.
11.8. If You see any material in the Service that in Your belief is offensive, hateful, harassing or that You otherwise think is prohibited, You may notify us by contacting us at [email protected].
12. Third Party Websites & Content
12.1. The Service may contain links to content owned and/or operated by third parties, for instance third parties who may invite You to participate in promotional offers or rewards programs or third-party advertisers or payment providers. Any separate charges or obligations that You may incur in Your dealings with these third parties are Your sole responsibility. We are not responsible for any such third-party services or content and do not have control over any materials made available therein.
12.2. Our inclusion of a link to a third-party website, services or content in the Service does not imply our endorsement, advertising, or promotion of such websites, services or content or any materials available and we make no guarantee as to the content, functionality, or accuracy of any third-party website.
12.4. We do not endorse, do not assume and will not have any liability or responsibility to You or any other person for any third-party products, services, materials or websites. Please note that the relevant third party is fully responsible for all goods and services it provides to You and for any and all damages, claims, liabilities and costs it may cause You to suffer, directly or indirectly, in full or in part.
12.5. If You use third party social networking websites to discuss the Service such as Facebook® and Twitter®, You acknowledge and agree that:
- any content that You post on such social networking sites are subject to the relevant terms and conditions of that website;
- You will not post any comments that are false, misleading or deceptive or defamatory to us, our employees, agents, officers or other Players; and
- we are not responsible or liable for any comments or content that You or others post on social networking sites.
13. Infringement Notice
13.1. We respect the intellectual property rights of others and require that our users do the same. If You believe Your work has been copied in a manner that constitutes copyright infringement, or You believe Your rights are otherwise infringed or violated by anything on the Site, please notify us by sending an email to the following address: [email protected].
13.2. In order for us to more effectively assist You, applicable law requires that the notification must include all of the following:
- A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
- A description of the copyrighted work or other right You claim has been infringed or violated;
- Information reasonably sufficient to locate the material in question on the Site;
- Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact You;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
13.3. Before You file Your notification, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If You file a notification when there is no infringing use, You could be liable for costs and attorneys’ fees.
14. Disruptions, Errors & Omissions
14.1. Disclaimer of Warranties
THE SERVICES, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE "AS IS" AND “AS AVAILABLE” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14.3. We are not liable for any downtime, server disruptions, errors, lagging, or any technical or political disturbance to the Service or Games, nor attempts by You to participate by methods, means or ways not intended by us.
14.4. We accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with any Service including, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of a Service or any errors or omissions in the Service.
14.5. In the event of a Service system malfunction then all Game play on the Service will be void.
14.6. In the event of an error or malfunction in a Game, then all Game play resulting from the error or malfunction will be voided.
14.7. We reserve the right to remove any part of the Games from the Service at any time. Any part of the Games that indicate incorrect behavior affecting, game data, Virtual Coins balances, balances or other balances, that may be due to misconfiguration or a bug, will be cancelled and removed from the Service. Player balances and account details may be altered by us in such cases in order to correct any mistake.
14.8. We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but will not be obliged to, give You as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after such temporary suspension.
14.9. We reserve the right to declare participation in a Game void, partially or in full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical error on the pay-table, win-table, minimum or maximum stakes, odds or software.
14.10. If You are incorrectly awarded any Virtual Coins or prizes as a result of (a) any human error; (b) any bug, defect or error in the Service; or (c) the failure of any Games to operate in accordance with the rules of the relevant game, then we will not be liable to award You any such Virtual Coins or prizes and You agree that any such Virtual Coins or prizes that have been awarded in error to Your User Account will be voided.
14.11. We retain absolute discretion in the event of a discrepancy between the result showing on a user’s device and the server software. Such discretion includes the authority to recognize the result showing on the server software as the official and governing result.
15. Indemnity and Limitation of Liability
15.1. To the maximum extent permitted by applicable law, we and our subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, personal injury or property damage, loss of data, loss of use, loss of anticipated savings, accrued but wasted expenditure, cost of procurement of substitute goods or services, loss of good-will, or other intangible losses, resulting from:
15.1.1. Your access to or use of or inability to access or use the service;
15.1.2. any conduct or content of any third party on the service, including without limitation any content, products or services provided by any advertisers, affiliate advertising networks, rewards program operators or payment providers we may cooperate with or any other users of the service;
15.1.3. any content and/or information obtained from the service or reliance upon the service or any part thereof;
15.1.4. unauthorized access or use or alteration of any material or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we knew of or ought to have known of the possibility of such damages.
15.2. In some jurisdictions the applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to You. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Nothing in these terms removes or supersedes Your rights as a consumer based on mandatory provisions of law.
15.3. To the maximum extent permissible under applicable law, our total liability and/or the liability of our affiliates is limited to the total amount You have paid us in the one hundred and eighty (180) days immediately preceding the date on which You first assert any such claim.
15.4. We are not under any circumstances liable for any damages relating to or caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software, or program malfunctions, or any other errors, failures, or delays in computer transmissions or network, connections on account of Your access to or use of the services. We cannot and do not guarantee continuous, uninterrupted, or secure access to the Service.
15.5. We are not under any circumstances liable for any damages, claims, liabilities or costs that You may incur or suffer in connection with any content, products or services offered by any third parties we cooperate with.
15.6. You waive and release us and our subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities arising from or related to any act or omission of such third parties in connection with Your use of the service.
15.7. You agree to indemnify and hold us harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of Your use of or access to the Service, Your breach of these Terms, or Your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit Your liability in respect of any indemnity given by You under these Terms.
15.8. Nothing in these terms will operate so as to exclude our liability for death or personal physical injury that is directly and proximately caused by our negligence or willful misconduct.
16. Dispute resolution and Agreement to Arbitrate all Disputes
16.1. Binding Arbitration and Class Waiver.
THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST PULSZ. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST PULSZ BY SOMEONE ELSE. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
OPTION TO OPT OUT. IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MAY OPT OUT OF THESE ARBITRATION AND CLASS ACTION PROVISIONS BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THESE TERMS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.
Location of Arbitration and Applicable Rules. You and Pulsz agree that such arbitration shall occur in Wilmington, Delaware. You may appear in such proceedings telephonically. You and Pulsz agree that such arbitration shall be conducted by a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association (“AAA”), as modified by these Terms of Service.
Authority of Arbitrator. With the exception of class procedures and remedies as discussed above under "Waiver of Class Relief," the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.
Confidentiality. You and Pulsz shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Allocation of Arbitration Fees. If you assert a Dispute as an individual, you will only be required to pay arbitration fees of $250 in connection with any arbitration under this section, and Pulsz will bear all other costs charged by AAA or the arbitrator up to $5,000. You will still be responsible for paying your own attorneys’ fees.
Each party shall bear its own costs in the arbitration proceeding. If any portion of this section entitled "Binding Arbitration and Class Waiver" is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
17. One Year Limitations Period
18.1. Entire Agreement. These Terms constitute the entire agreement between You and us with respect to Your use of the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and us with respect to Your participation.
18.3. Tax. You are solely responsible for any taxes which apply to Your use of the Service.
18.4. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside of our reasonable control.
18.5. Severability. If for any reason any provision of the Terms or portion thereof, is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part of Terms will be deemed severable and shall not affect the validity and enforceability of the remainder of these Terms which shall continue in full force and effect.
18.6. Assignment. These Terms are personal to You, and are not assignable, transferable or sub-licensable by You except with our prior written consent. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder to any third party without notice to You.
18.7. Entire Agreement. These Terms contain the entire understanding between You and us, and supersede all prior understandings between You and us relating to the subject matter.
18.8. Business Transfers. In the event we undergo a change of control, merger, acquisition, or sale of assets, Your User Account and associated data may be part of the assets transferred to the purchaser or acquiring party.
18.9. Waiver. Our failure to assert breach or a violation of these Terms or otherwise failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future.
19. Applicable Law and Jurisdiction
19.1. GOVERNING LAW. The parties agree that this Agreement and related Services are governed by and shall be construed in accordance with the laws of the State of Delaware USA without regard to its principles of conflicts of law.
19.2. Subject to the arbitration previsions contained in Section 16 the parties agree that any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination or invalidity of these Terms, will be submitted exclusively to the courts in Delaware, and You and we consent to the venue and personal jurisdiction of those courts. Notwithstanding the foregoing, any motion to compel arbitration or to enforce an arbitral award issued hereunder may be brought before any court of competent jurisdiction.