Last updated: January 21, 2014
Welcome to PulsarFour.com. PulsarFour.com provides website features and other products and services to you when you visit PulsarFour.com. PulsarFour LLC., (“PulsarFour”) provides the features and services subject to the following conditions.
By using PulsarFour.com, you agree to these conditions. Please read them carefully.
We offer a wide range of PulsarFour services, and sometimes additional terms may apply. When you use a PulsarFour service you also will be subject to the guidelines, terms and agreements applicable to that PulsarFour service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of PulsarFour Services, to understand our practices.
When you use any PulsarFour service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other PulsarFour services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any PulsarFour service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of PulsarFour or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any PulsarFour service is the exclusive property of PulsarFour and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any PulsarFour service are trademarks or trade dress of PulsarFour in the U.S. and other countries. PulsarFour’s trademarks and trade dress may not be used in connection with any product or service that is not PulsarFour’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PulsarFour. All other trademarks not owned by PulsarFour that appear in any PulsarFour service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PulsarFour.
If you use any PulsarFour service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the PulsarFour services only with involvement of a parent or guardian. PulsarFour reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
PulsarFour respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PulsarFour the written information specified below. Please note that this procedure is exclusively for notifying PulsarFour that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed upon
- A description of where the material that you claim is infringing is located on the site
- Your address, telephone number, and e-mail address
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
PulsarFour’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
2977 Ygnacio Valley Road, Ste. 241
Walnut Creek, CA 94598, USA
PulsarFour attempts to be as accurate as possible. However, PulsarFour does not warrant that service descriptions or other content of any PulsarFour Service is accurate, complete, reliable, current, or error-free.
Except where noted otherwise, the price displayed for services on any PulsarFour Service represents the price estimated in accordance with standard industry practice.
With respect to services sold by PulsarFour, we cannot confirm the price of a service until you order. Despite our best efforts, a small number of the services in our catalog may be mispriced. If the correct price of a service sold by PulsarFour is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PULSARFOUR SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PULSARFOUR SERVICES ARE PROVIDED BY PULSARFOUR ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PULSARFOUR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PULSARFOUR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PULSARFOUR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PULSARFOUR SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PULSARFOUR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PULSARFOUR DOES NOT WARRANT THAT THE PULSARFOUR SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PULSARFOUR SERVICES, PULSARFOUR’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PULSARFOUR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PULSARFOUR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PULSARFOUR SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PULSARFOUR SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any PulsarFour Service, or to any products or services sold or distributed by PulsarFour or through PulsarFour.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The US Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 2877 Ygnacio Valley Rd., Ste. 241, Walnut Creek, CA, 94598, USA . The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. PulsarFour will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any PulsarFour Service, you agree that the US Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and PulsarFour.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
2977 Ygnacio Valley Road, Ste. 241
Walnut Creek, CA 94598, USA