These terms and conditions (the "Terms of Service") govern your access to and use of PulseTread, LLC's ("Pulse") mobile application consisting of exercise routines and training instruction (the “Application”). By downloading or using the Application, you are agreeing to the Terms of Service and concluding a legally binding contract with Pulse. You will not be able to access or use the Application if you are unwilling or unable to be bound by the Terms of Service.
Pulse reserves the right to change the Terms of Service at any time. By using the Application, you agree in advance to be bound by all of the changes as well.
The Application provides exercise routines intended to promote, facilitate and maintain physical fitness. Pulse is not a medical organization and cannot give you medical advice or diagnose any conditions. Prior to participating in any exercise program or activity, you should seek the advice of a physician or other qualified health professional. Use of or reliance on the exercise routines and training instruction accessed through the Application is at your sole discretion and risk.
You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Application pursuant to the requirements and restrictions of the Terms of Service. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Application. Except as provided in the Terms of Service, you shall have no right to directly or indirectly own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Application, or any of its contents (including software) in whole or in part.
Unless otherwise indicted, the Application and its design, text, content, selection and arrangement of elements, organization, graphics and the design, compilation, and other matters related to the Application (“Content”) are protected under applicable intellectual property and other laws, including without limitation those of the United States, and all Content and intellectual property rights therein are the property of Pulse or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. You may only use the Application or its contents as expressly permitted in the Terms of Service and for no other purpose. Pulse retains exclusive ownership of all data, material and other information pertaining to your use of the Application. Except as it may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials in the Application. Systematic retrieval of data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited.
The trademarks, logos and service marks displayed in the Application are the property of Pulse or other third parties. Users are not permitted to use trademarks, logos and service marks without prior written consent.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE APPLICATION (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SUBSCRIPTION-BASED SERVICES OR OTHER PAID PRODUCTS OR SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED "AS IS" AND "AS AVAILABLE." PULSE DOES NOT WARRANT THAT YOUR ACCESS TO THE APPLICATION THROUGH "THE APP STORE" OR YOUR MOBILE SERVICE PROVIDER WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE APPLICATION WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PULSE AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.
USE OF THE APPLICATION IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF THE APPLICATION (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF "THE APP STORE" OR YOUR MOBILE SERVICE PROVIDER.
UNDER NO CIRCUMSTANCES SHALL PULSE OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SITE SOFTWARE OR SITE CONTENT FOR PULSE OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, EVEN IF PULSE, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES, CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE TOTAL LIABILITY OF PULSE AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE APPLICATION. YOU HEREBY RELEASE PULSE AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
You hereby agree to indemnify, defend and hold harmless PULSE and its Affiliates from and against any and all liability and costs incurred by PULSE or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. PULSE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of PULSE.
You hereby agree to indemnify, defend and hold harmless PULSE and its Affiliates from and against any and all liability and costs incurred by PULSE or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. PULSE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of PULSE.
The invalidity or unenforceability of any provision of the Terms of Service shall in no way affect the validity and enforceability of any other provision hereof. A waiver by Pulse of any term or condition of the Terms of Service shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. All remedies, rights, undertakings, obligations, and agreements contained in the Terms of Service shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of any party.