Pulse is an online global marketplace for health care providers ("Providers") outside the United States to provide information about their treatments and for United States based patients and patients based elsewhere to access such providers.
Pulse provides the following Services through its site, www.Pulse.com (“Site”). Pulse provides price and quality information transparently for all procedures and treatments listed by Providers on the Pulse Site. Pulse Users, defined below, may use the site to identify Providers, obtain information about fees and costs, securely exchange health information with Providers, and make all necessary travel arrangements. All communications are through the Pulse secure platform.
Pulse reserves the right to make changes to the Site, Services, Terms, and other policies without notice. Accessing or using the Site shall be acceptance of these Terms. If any condition shall be deemed invalid, void or for any reason unenforceable, then that condition shall be deemed severable and shall not affect the validity of the remaining conditions. Your continued use of the Service and the Site after any such changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, you may not use or access the Service or the Site.
- No Medical Advice
Pulse is a website and is not a health care provider of any kind. Providers may post information, including any text, graphics images or other material contained, accessed or entered on the Site and the Site may include links to third party sources of health care information ("Content"), for educational/informational purposes only. Content on the Site is not a substitute for medical advice, diagnosis or treatment provided by a qualified healthcare professional. Any communication between you and a Provider on the Site or through the Service is for general informational purposes only, or to arrange for health care treatment from one or more Providers and does not create nor is it intended to create a physician-patient relationship with Pulse or a Provider, as defined by United States federal and state law. Your reliance on any information or Content provided on the Site, whether or not it is provided by a Provider, third party or other healthcare professional, is solely at your own risk. You should always seek the advice of your physician or healthcare professional for any questions you may have about any medical condition.
- How and When You May Use the Site or Service
You may use the Service only to search for healthcare providers outside of the United States, obtain information about and arrange for services with such healthcare providers and, following receipt of services, to post reviews based on your personal experiences with Providers engaged through the Site.
Except to the extent you are otherwise directly authorized by Pulse, you may use the Service only for personal, non-commercial uses, and may not use the Service to advertise or promote a product, service, procedure, business, healthcare professional, or other person.
For example, and without limiting the foregoing, you may not use the Service to post any reviews, questions, answers or other information:
- With respect to any provider other than a Provider (i) from which you have received Services through the Site; and (ii) with whom you have no other direct or indirect personal or financial relationship;
- With respect to a business you own or by which you are employed;
- That are false or misleading, including reviews that are fabricated or exaggerate positive results; or
- That are repetitive or duplicative with respect to the product, service, procedure, business, healthcare professional, or other person about which they concern (e.g., it is not acceptable to post multiple similar reviews about your experience with a procedure in one or more areas of the website); or
- That are for, on behalf of, or at the request of another person, if such other person would violate any of the above by posting such content.
Additionally, you may not:
- Use the Site or Service or register as a User of Pulse if you are under the age of 18 years;
- Use the Service in any way or for any purpose that violates any local, state, federal or any other applicable laws of the United States or any applicable laws of your jurisdiction;
- Use the Service in any way or for any purpose that harms or endangers any person or business including Pulse or Pulse affiliates, resellers, distributors, service providers and/or suppliers (collectively, the "Pulse Parties"), or any customer of a Pulse Party, other than an honest review of a Provider based upon personal experience;
- Use the Service to exploit, solicit or harm minors;
- Post or submit any content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, pornographic, false, misleading, fraudulent, invasive of another’s privacy or publicity rights, infringing of another’s intellectual property rights, involves or promotes gambling, contains any trade secrets or other confidential information, or otherwise offensive or objectionable;
- Promote, encourage or glorify violence, self-harm, suicide, anorexia, bulimia, or any other practice that is unhealthy or harmful;
- Post your name, email address(es) or telephone number(s), URL(s) or any other confidential or personally identifiable information for you or any other person, business or entity;
- Provide or purport to provide medical advice, prescription, diagnosis, or treatment recommendations;
- Register for multiple accounts or use the account of another person;
- Impersonate or pretend to be any person other than yourself;
- Use the service to attempt to solicit business or direct website visitors to any non-Pulse third party for any purposes;
- Apply any data mining, robots, or similar data gathering and extraction methods in connection with the Site;
- Post links to sites or files that contain or are viruses, spyware, malware, or other harmful code or content;
- Attempt to interfere with or disrupt the Site or any person’s ability to use the Site; or
- Use the Site for any purposes for which the Service is not intended.
In addition, Pulse is not obligated to enforce these Terms against another user, healthcare professional or other third-party on your behalf. If you believe another user, healthcare professional or other third-party has violated these Terms, then please contact Pulse. Pulse reserves the right to investigate the matter and take whatever action or no action Pulse deems appropriate in its sole discretion.
In order to use some of the features on the Site, you are required to register and provide information about yourself to us and create a service account ("Service Account"). It is your responsibility to maintain the confidentiality of your account information, including your Service Account password. In addition, you are responsible for all activities that occur in connection with your Service Account. You must tell us right away about anyone using your Service Account without your consent, or any security breach that relates to the Service or your Service Account. You agree to provide Pulse accurate, current and complete information about yourself as may be prompted in any registration forms on the Service and promptly update any such information to keep it accurate, current and complete. Pulse reserves the right to refuse the Service to anyone, including terminating your Service Account and/or preventing you from accessing the Service or your Service Account, with or without cause, at any time and in its sole discretion.
By using the Site or Service, you consent to receive emails from Pulse, which may include commercial emails provided such emails are in accordance with the preferences on the Site. Please note that as long as you maintain an account, you may not "opt out" of receiving service or account-related emails from Pulse and such e-mails may be the only form of communication between Pulse and you.
Pulse may have access to or receive certain information of or about you that you designate as confidential or that, under the circumstances surrounding disclosure, ought to be treated as confidential by Pulse ("Confidential Information"). Confidential Information includes information relating to you including medical records and medical information. While Pulse will use due care and diligence to prevent the unauthorized use or disclosure of such information, Pulse is not liable for any harm suffered as a result of unauthorized use or disclosure of such information.
By providing Confidential Information you give explicit consent to Pulse and to Providers to use that information for the purposes of providing you Services.
By posting or otherwise providing your Review, you are expressly granting Pulse a nonexclusive, irrevocable, worldwide, perpetual, royalty free license (including sublicense) to use, copy, distribute, publicly display, publicly perform, modify (including create derivative works) or transmit (including digital transmission of a sound recording) your Review, in connection with the Service and Pulse’s business, including without limitation promoting and redistributing part or all of the Service or Pulse’s business, in any media formats and through any media channels now known or hereafter developed. You also grant Pulse permission to publish your name in connection with your Review and to use your name, likeness and voice in connection with your Review. In addition, by uploading Reviews to the Pulse website, you hereby waive any rights of privacy or publicity. You also grant Pulse the permission to grant any of the above rights to other persons or entities, including for the purpose of promoting the Service or Pulse’s business.
Pulse will not pay you for your Review. Pulse may, in its sole discretion, refuse, or remove part or all of your Review from the Service at any time if Pulse considers the Review to violate these Terms or Pulse’s community guidelines. For each Review, you represent and warrant that you have all rights necessary for you to post or submit the Review and to grant the licenses and permissions in this section. We do not monitor user Reviews or disclose information about your Reviews to third parties. However, we may monitor your Reviews on or through the Service and may disclose information about you, including the contents of such Reviews, if we deem it necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with these Terms or other Pulse guidelines or policies; or (3) protect the rights, property, or interests of Pulse, its employees, its customers, or the public.
Pulse does not have any responsibility, including editorial control, of any content posted by other Pulse users, healthcare professionals or other third party content providers on the Site. The statements or content posted by Pulse users, healthcare professional or other third party content providers on the Site are those of the users, healthcare professional or other third party content providers and are not the opinion of Pulse. Pulse does not make any representations or warranties about the accuracy or reliability of the content, including the opinions, statements or information posted by the Pulse users, healthcare professional or other third party content providers on the Site. The Pulse users, healthcare professionals and other third party content providers are solely responsible for the content posted by them respectively.
Pulse does not endorse or recommend any specific Content, procedures, products, opinions, healthcare professionals (including, but not limited to, doctors and dentists) or any other material or information available on the Site or through the Service. In addition, the healthcare professionals and specialists featured on the Site are not employees or independent contractors of Pulse.
Pulse Site is solely for use by adults. Children under the age of 18 years are not granted User status. There may be medical related or health related materials posted by Pulse users, healthcare professionals or other third parties that may contain nudity. If you find these materials to be offensive, then you may want to use the Site or Service in such a way as to limit your viewing of this material.
We may automatically upload performance and usage data for evaluating the Service, the Site and the software associated with the Service and the Site. This data will not personally identify you.
We provide the Service "AS-IS," "WITH ALL FAULTS" and "AS AVAILABLE." Pulse disclaims all warranties, guarantees or conditions. Without limiting the foregoing, to the extent permitted by law, we exclude and disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement. IN ADDITION, IN NO EVENT SHALL Pulse BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY (INCLUDING, WITHOUT LIMITATION, BY ANY USER) IN RELIANCE ON ANY CONTENT OR OTHER INFORMATION ABOUT PROFESSIONALS OR PROCEDURES POSTED ON THE SITE OR AVAILABLE THROUGH THE SERVICE.
Pulse grants you a limited, personal, revocable, nonassignable and nonexclusive license to use the Site and Service. Pulse owns the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site and Service ("Pulse Content"), excluding Content posted by Providers and other third parties. Pulse owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the Pulse Content and the Service which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, publicly display or create derivative works based on the Service, any of Pulse’s Content in whole or in part, or Pulse’s website except as expressly authorized in writing by Pulse. In addition, Pulse does not grant any express or implied rights, and all rights in and to Pulse’s website, the Service and Pulse’s Content, are retained by Pulse.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL Pulse BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES EVEN IF Pulse HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS CONTRACT, THE AGGREGATE LIABILITY OF Pulse TO YOU IN CONNECTION WITH THE SERVICE (INCLUDING ANY THIRD PARTY CONTENT ON THE SERVICE) AND THIS CONTRACT WILL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO Pulse FOR THE SERVICE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
We may change the Service, the Site or delete features at any time and for any reason. We are not obligated to provide maintenance, technical support or updates to you for the Service or Site, but we may provide these in our discretion. We may cancel or suspend your Service at any time. Our cancellation or suspension may be without cause and/or without notice. You may cancel the Service at any time, with or without cause, upon notice to us as specified in the customer support or "contact us" area for the Service. Upon Service cancellation, your right to use the Service stops right away. Once the Service is cancelled or suspended, any data you have stored on the Service may not be retrieved later. In addition, if you stop the Service or terminate your Service account, Pulse may continue to show some or all of your Reviews.
Pulse controls and operates the Site and the Service from the United States and Pulse makes no representation that the Content, Site or Service is appropriate, available or may be downloaded for use outside the United States. You are responsible for complying with all applicable laws. These Terms, the Site and the Service are governed by United States federal law and the laws of the State of California, excluding any conflicts of law provisions. Accessing, browsing or otherwise using the Service or the Site means you hereby consent to the exclusive jurisdiction of the state and federal courts in California and you waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California.
You agree to indemnify and hold harmless Pulse from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any content you post or submit to or through the Service, your use of the Service, your conduct in connection with the Service or with other users of the Service, and any violation of this contract or of any law or the rights of any third party.
Any dispute, claim or controversy arising out of or relating to these Terms, Pulse, the Site or the Service or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the event first giving rise to the claim. The arbitration shall be held in California before one arbitrator. The arbitration shall be governed by the Federal Arbitration Act and the arbitration shall take place according to the rules of the American Arbitration Association. Judgment on the Award may be entered in any court having jurisdiction. Each of the parties shall bear all of its own costs of arbitration except the fee for the arbitrator shall be equally split between the parties. The arbitrator shall not have the authority to modify these Terms or award punitive or exemplary damages to either party. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Seeking any such remedies shall not constitute a waiver of either party’s right to compel arbitration.
You may notify us by e-mail or postal mail. Your notices to us must be addressed as stated in the info@Pulse.com or "feedback" area for the Service.
This contract is in electronic form. There may be other information regarding the Service that the law requires us to send you. You agree that we may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your ability to use the Service. We may provide required information to you (1) via e-mail at the e-mail address you specified when you signed up for the Service (or subsequently provided when updating your account information), (2) by access to an Pulse web site that will be designated in an e-mail notice sent to you at the time the information is available, or (3) by access to an Pulse web site that will be generally designated in advance for this purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Service, you will have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Service.
These Terms constitute the entire agreement between you and Pulse regarding the use of the Service or the Site, and supersedes any prior agreements between you and Pulse relating to your use of the Service or Site. The failure of Pulse to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
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