Last updated: February 2023
1.1. Subject to these Terms, Pulsenmore allows you to access and use the Site thereon on a non-exclusive basis for informational purposes. The Site provides information about our products, updates about our company, FAQs, and more. Through the Site you may, as available, contact us, register and participate in webinars, join our Clinical Education Hub, sign up for our newsletter, and apply for open positions.
1.2. In using the Site, you agree: (i) not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, networks or networks connected to or accessible through the Site or any linked websites; (ii) not to disrupt or interfere with any other user’s enjoyment of the Site; (iii) not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive, or destructive files; (iv) not to transmit through or on this Site spam, chain letters, junk mail, or any other type of unsolicited mass email; (v) not to attempt to obtain unauthorized access to the site or any portions thereof; (vi) not use this Site to seek, provide or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to a patients particular condition or situation. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted by you, and that you will comply with all applicable local, state, national and international laws and regulations, We make no representation that the Site is appropriate or available for use in your jurisdiction and you are solely responsible for verifying If you are in a jurisdiction that restricts you from accessing this Site.
2.1. Certain types of content may be made available through the Site as used in these Terms means, collectively, all content on or made available through the Site, including any articles, papers, abstracts, case reports, and training materials, pictures, videos, and any modifications or derivatives of the foregoing. All information and Content posted on the Site is for informational purposes only and Pulsenmore provides no guarantees with respect thereto.
2.2. PULSENMORE ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS. PULSENMORE DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT.
2.3. THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT ACCESSED FROM OR THROUGH THE SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM, AND/OR ANY LOSS OF DATA THAT RESULTS FROM YOUR ACCESS OR USE OF THE SITE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY WHATSOEVER.
2.4. No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of warranties.
3.1. You will be able to provide certain content, including information you provide through the contact form, the registration form for the Clinical Education Hub, applications for open positions, and testimonials and profile pictures of those providing the testimonials, referred to herein as “User Content“.
3.2. You are and shall remain at all times fully and solely responsible for any User Content that you provide. You represent and warrant that any User Content that you provide (i) complies with applicable law; (ii) does not infringe or violate any third-party intellectual property rights, privacy or publicity rights, or moral or other rights; and (iii) that you have all necessary rights, licenses, consents, and authorities required under applicable law to submit such User Content.
3.3. You expressly agree that you will not provide any information relating to or otherwise refer to any particular patient, any particular patient’s medical condition, or any other information which could identify a particular patient. In addition, you shall not provide us with any private information of any third party, including but not limited to, Social Security numbers, passwords, credit card numbers, addresses, email addresses, phone numbers, and any other information that enables the reasonable identification of any third party.
3.4. Without limiting the foregoing, you agree that you will not transmit, submit, upload, or otherwise provide any User Content that (i) is unlawful, harmful, inappropriate, false, deceptive, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, promoting of harassment of a third party, threatening, in violation of privacy or publicity rights, abusive, inflammatory, offensive (such as, without limitation, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual), fraudulent or otherwise objectionable; (ii) infringes the intellectual property, moral, publicity, privacy, or other rights of any third party; (iii) would (or would reasonably be believed to) constitute, promote, encourage, provide instructions for, or enable the conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any third party in any country of the world, or that would create liability or violate any local, state, national or international law, such as, without limitation, in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity; (iv) impersonates any person or entity or misrepresents your affiliation with any person or entity; and/or (v) contains hidden or restricted content, or includes or facilitates any virus, worm, trojan horse, or other harmful or disruptive component.
3.5. You further agree not to (i) circumvent, disable, or otherwise interfere with security related features of the Site or features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site or any Content; or (ii) remove or alter any copyrights or other proprietary notices on or in connection with any Content or the Site.
3.6. You agree to hold harmless Pulsenmore (and any parties with whom we have contracted for purposes of maintaining and hosting this Site) from any and all claims based upon your User Content posted on the Site.
3.7. We encourage you to share your comments and questions with us. By submitting any feedback, you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise. For purposes of clarity, feedback shall not be User Content.
3.8. Without derogating from any of the foregoing, Pulsenmore cannot control the functionality of supplementary services provided by third parties. Therefore, we assume no responsibility for any telephone or network line failure or interruption or traffic congestion on the Internet or on the Site itself. We also cannot control the actions of bad actors and therefore do not guarantee that we will successfully prevent unauthorized access to and/or alteration of the Site, Content, User Content, or any resulting theft or destruction thereto. We also assume no responsibility for any incorrect data, including Personal Data, that you provide to us, or within any User Content.
3.9. TO THE FULLEST EXTENT PERMITTED BY LAW, PULSENMORE DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE CONFIDENTIALITY OF USER CONTENT TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.
You may not do or attempt to do or facilitate a third party in doing any of the following: (i) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Site without our prior written authorization, including framing or mirroring any part of the Site; (ii) circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or User Content; (iii) use the Site, or Content in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (iv) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site; (v) use the Site or Content in any manner not permitted by these Terms or applicable law.
5.1. Pulsenmore or its licensors, as the case may be, have all right, title and interest in the Site and any Content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the content of the Site for any purpose. You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Pulsenmore or any third party.
5.2. You have all right, title and interest in the User Content you provide. By providing any User Content, you grant Pulsenmore and its successors and assignees a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license under any of your intellectual property, moral or privacy rights to use and/or copy such User Content on, through, or in connection with the Site, such as for the purposes of responding to your inquiries, contacting you, or for marketing purposes.
You agree to indemnify, defend, and hold harmless Pulsenmore, and its respective employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or mobile device; (b) any claim, loss or damage experienced by us or a third party as a result of your use or attempted use of (or inability to use) the Site; (c) your violation of any law or regulation relating to the Site or User Content submitted by you; or (d) your (or any User Content submitted by you) infringement of any third-party right.
The Site may provide you with third-party links to websites, applications, and services. We make no promises regarding any content, goods, or services provided by such third parties and all use of third-party websites and applications is at your own risk. You acknowledge that we do not control information products or services offered by third parties and that we assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability, or usefulness of any advice, opinion, statement, or other content or any products or services distributed or made available by third parties through the site. You agree that neither Pulsenmore nor its affiliates will have any liability whatsoever to you for any third-party content, goods, or services, nor any third-party websites and applications. Additionally, we do not accept responsibility for the privacy policies of such third parties. We do not endorse any products offered by third parties and we urge our users to exercise caution in using third-party websites or applications.
These Terms shall be governed solely by the laws of the State of Israel, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Pulsenmore or enables you to act on behalf of Pulsenmore. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided when contacting us.