Terms of Service

Terms of Use

Last modified: January 12, 2020.

Acceptance of these Terms

By using movecloser.org and/or mobile applications Move Closer (together, “MOVE”), whether as a guest or a registered user, you accept and agree to these Terms. Please read these Terms as well as the Privacy Policy carefully before you start to use MOVE. If you do not agree to these Terms or the Privacy Policy you must not access or use MOVE.

Changes to the Terms

MOVE is offered by PULSE Outreach. (“PULSE”, “we” or “us”). We may revise and update these Terms from time to time at our sole discretion. Any changes are effective when we post them. Your continued use of MOVE following the posting of revised Terms means that you accept and agree to the changes.

Changes to MOVE

While we hope to always offer MOVE and all of its features, we reserve the right to change or cease offering MOVE or any part, portion or functionality of MOVE without notice. We will not be liable if for any reason all or any part of MOVE is unavailable at any time.

Information About You and Your Access of MOVE

All information we collect on or through MOVE is subject to our Privacy Policy. By using MOVE, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Permitted and Unpermitted Use

These Terms allow you to use MOVE in accordance with these Terms for either your personal and non-commercial use or for the internal use of your non-profit organization. All rights not expressly granted to you are reserved by PULSE. You agree you are not permitted and will not use MOVE as follows:

  • in any way that violates any federal, state, local or international law or regulation;
  • 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;
  • to impersonate or attempt to impersonate any company or person, including PULSE or another MOVE user;
  • to engage in any other conduct which, as determined by us, may harm PULSE or users of MOVE or expose them to liability;
  • in any manner that could disable, overburden, damage, or impair MOVE or interfere with another’s use of MOVE;
  • use any robot, spider, or other automatic device, process, or means to access MOVE for any purpose, including monitoring or copying any of the material on MOVE;
  • to introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  • to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of MOVE or any server, computer, or database connected to MOVE;
  • to attack MOVE via a denial-of-service attack or a distributed denial-of-service attack; and
  • otherwise attempt to interfere with the proper working of MOVE.

You also agree that you will not send, knowingly receive, upload, download, use, or re-use any material which, as determined by PULSE in its sole discretion:

  • contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • promotes sexually explicit or pornographic material, violence, or discrimination on any basis, including that based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
  • violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations; or
  • promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
  • involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and
  • gives the impression that the material emanates from or is endorsed by PULSE or any other person or entity, if this is not the case.

User Contributions

MOVE contains interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through MOVE.

However, we do not undertake to review User Contributions or any other material before it is posted on or through MOVE, and cannot ensure prompt removal of objectionable material after it has been posted. So, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

All User Contributions must comply with these Terms. By providing any User Contribution on or through MOVE, you grant us and our service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material in order to offer the MOVE functionality you request or otherwise utilize. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant this license and that all of your User Contributions do and will comply with these Terms. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of MOVE.

Account Security

MOVE allows users to create an account (“Users”) which requires providing certain information to MOVE. You agree that all information you provide to become a User and register with MOVE, including, but not limited to, information provided through the use of any interactive features on MOVE, 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 user name, password, or similar information as part of our security procedures, you agree to treat such information confidential, and agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

Monitoring and Enforcement; Legal Compliance; Termination

You agree that we have the right to:

  • take any action with respect to any User account or User Contribution that we deem necessary or appropriate in our sole discretion if we believe there to be a violation of these Terms, infringement of third party rights, a threat to the personal safety of others, or a threat or liability or harm to the goodwill associated with MOVE or PULSE;
  • take appropriate action, including without limitation, referral to law enforcement and disclosure of your information, for any illegal or unauthorized use of MOVE; and
  • terminate or suspend your access to all or part of MOVE for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through MOVE. YOU WAIVE AND HOLD HARMLESS PULSE AND ITS LICENSEES AND SERVICE PROVIDERS AND ALL OF THEIR EMPLOYEES, OFFICERS AND DIRECTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF LEGAL INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PULSE OR LAW ENFORCEMENT AUTHORITIES.

Your Reliance on Information and Translations

The information presented on or through MOVE is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. In addition, although we will strive to provide information found on MOVE in various languages, translations to languages other than English of MOVE content are provided to us by other parties and we do not represent or warrant the accuracy of those translations. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to MOVE, or by anyone who may be informed of any of its contents.

Intellectual Property Rights

MOVE and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement of the same), are owned by PULSE, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Logos and Designs

The MOVE name, PULSE name and logo, all related names, logos, product and service names, designs and slogans are trademarks and/or copyright of PULSE. You must not use these marks and copyright without the prior written permission of PULSE. All other names, logos, product and service names, designs and slogans on MOVE are the trademarks of their respective owners.

Intellectual Property Infringement

If you believe that any MOVE content, including User Contributions, infringes your intellectual property rights, including copyright, please send notice of the copyright infringement to team@pulsemovement.com. Please be aware that it is the policy of PULSE to terminate the user accounts of repeat infringers.

Third Party Links and Services

MOVE may include content provided by third parties. If MOVE contains links to other sites and pop-ups and similar resources provided by third parties, these links and resources are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked from MOVE, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by PULSE, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of PULSE. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Linking from and to MOVE and Social Media Features

MOVE may provide certain features that enable you to connect or link to or from social media as well as other third party websites and applications and share information and communications to and from MOVE and such third party services. You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with these Terms and any additional terms and conditions we provide with respect to such features. We may disable all or any of this features at any time without notice in our discretion.

Geographic Restrictions

PULSE, the owner of MOVE, is based in the state of Minnesota in the United States. We make no claims that MOVE or any of its content is accessible or appropriate outside of the United States. Access to MOVE may not be legal by certain persons or in certain countries. If you access MOVE from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

YOUR USE OF MOVE, ITS CONTENT AND ANY FUNCTIONALITY, SERVICES OR ITEMS OBTAINED THROUGH MOVE IS AT YOUR OWN RISK, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PULSE NOR ANY PERSON ASSOCIATED WITH PULSE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF MOVE. WITHOUT LIMITING THE FOREGOING, NEITHER PULSE NOR ANYONE ASSOCIATED WITH PULSE REPRESENTS OR WARRANTS THAT MOVE OR ANY FUNCTIONALITY CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH MOVE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT MOVE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT MOVE OR ANY SERVICES OR ITEMS OBTAINED THROUGH MOVE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

PULSE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL PULSE, ITS LICENSORS, SERVICE PROVIDERS, OR ANY OF THEIR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, MOVE, ANY WEBSITES LINKED TO IT, ANY CONTENT OFFERED ON OR THROUGH MOVE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH MOVE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless PULSE, 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 or your use of MOVE, including, but not limited to, your User Contributions, any use of MOVE content, services and products other than as expressly authorized in these Terms or your use of any information obtained from MOVE.

Governing Law and Jurisdiction

All matters, disputes or claims relating to MOVE and these Terms (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms or MOVE shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oklahoma in each case located in the City of Minneapolis, Hennepin County. By agreeing to these Terms and using MOVE, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

PULSE may only waive its rights under these Terms in writing. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and PULSE Outreach with respect to MOVE and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to MOVE.

Your Comments and Concerns

MOVE is operated by PULSE Outreach, a Minnesota non-profit corporation, located at 600 S 9th Street, Minneapolis, MN 55404. All feedback, comments, requests for technical support and other communications relating to MOVE should be directed by emailing team@pulsemovement.com or mailed to the address above. Any feedback you provide to us shall be deemed to be non-confidential. PULSE shall be free to use such information on an unrestricted basis.