It is important to invite at least one other person to go through this with you.
A. Collection of Information.
You acknowledge and agree that Pulse Outreach may collect information from you and about you when you use the Services. The information collected will be used to communicate with you. In some instances, Pulse Outreach may collect and use your information for other purposes detailed below.
Specifically, Pulse Outreach may collect the following information from you:
B. Use of Information
Generally speaking, Pulse Outreach will use information collected from you to provide you with the Services and to improve the Services. You thus acknowledge and agree that Pulse Outreach may use information collected from you for the following purposes.
C. Disclosure of Information.
You acknowledge and agree that Pulse Outreach may share information about you in the following circumstances:
D. Complaint Procedure and Your Right to Request Removal of Information.
E. Pulse Outreach’s Right to Amend Policy.
F. Pulse Outreach’s Efforts to Secure Information.
Pulse Outreach uses technical and physical safeguards to protect against foreseeable breaches of its data, including the unauthorized use, access, or destruction of any information subject to this policy. You agree that Pulse Outreach is not responsible for the actions of third parties who may compromise Pulse Outreach’s safeguards to access your information.
G. Disclaimers and Limitation of Liability
The Services and access to Pulse Outreach’s site is provided on a “as is” and “as available” basis, “with all faults” and without warranty of any kind. Pulse Outreach, its licensors, and its affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the website offered and the Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Pulse Outreach knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Pulse Outreach, its licensors, and its and their affiliates make no warranty that (1) the Services will operate properly, (2) that the Services will meet your requirements, (3) that the operation of the Services will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Services can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. Pulse Outreach, its licensors, and either of their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Services. This paragraph will apply to the maximum extent permitted by applicable law.
Further, to the maximum extent permitted by applicable law, neither Pulse Outreach, nor its licensors, nor its or their affiliates, nor any of Pulse’s service providers (collectively, the “Pulse Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Services, or the delay or inability to use or lack of functionality of the Services, even in the event of a Pulse Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if a Pulse Party has been advised of the possibility of such damages.
You agree to indemnify, pay the defense costs of, and hold Pulse Outreach, its licensors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, or (b) any act or omission by you in using the Services. You agree to reimburse Pulse Outreach on demand for any defense costs incurred by Pulse Outreach and any payments made or loss suffered by Pulse Outreach, whether in a court judgment or settlement, based on any matter covered by this provision. If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.
I. Governing Law and Jurisdiction
You agree that this Agreement will be deemed to have been made and executed in the State of Minnesota, U.S.A., and any dispute will be resolved in accordance with the laws of Minnesota, excluding that body of law related to choice of laws, and of the United States of America. Any action or proceeding brought to enforce the terms of this Agreement or to adjudicate any dispute must be brought in the state or federal courts encompassing Hennepin County, Minnesota. You agree to the exclusive jurisdiction and venue of these courts. You waive any claim of inconvenient forum and any right to a jury trial. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement.
J. Class Action Waiver
You agree not to bring or participate in a class or representative action, private attorney general action, or collective arbitration related to the Services or this Agreement. You also agree not to seek to combine any action or arbitration related to the Services or this Agreement with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.