ACCEPTANCE OF TERMS
This Agreement defines the relationship between Impulse.com and you (“you”, “your”, the “client”). If you are entering into this Agreement on behalf of a company or other legal entity, you also represent that you have the authority to bind such an entity to these terms, in which case the terms “you”, “your” or “client” shall refer to such an entity. If you do not have such authority, or if you do not agree with these terms, you must not accept this Agreement and may not use the Impulse.com site or its services.
By using this website or any of the services offered, you represent and warrant that (a) all registration information you submit is truthful and accurate;
(b) You will maintain the accuracy of such information, and (c) you are 18 years of age or older. A person under the age of 18 are prohibited from creating any accounts or purchasing or enrolling for any Services. Your information and profile may be deleted any Services may be terminated without warning if we believe that you are less than 18 years of age.
You must register with Impulse to use the Services through the online registration and the account maintenance process (“Registration”). During registration, you will need to include your name and information when prompted including contact information. You must provide accurate and complete information in response to Our questions. You must also, keep the information that you provide up-to-date. You must use Your or your business’ true and accurate name in registering for Impulse Services. Impulse reserves the right to seek additional information from you at any time, including without limitation as needed to provide the Services. Moreover, You will cooperate with Impulse in connection with the performance of this Agreement and provision of the Services, by making available such personnel and information as may be reasonably required, and taking such other actions as Impulse may reasonably request. We reserve the right to suspend or terminate use of Impulse Services if You provide inaccurately, untrue, or incomplete information, or fail to comply with the account registration requirements.
Impulse.com provides online reputation management related products and services (“Services”). The Services are described in the individual pages for each service, which can be accessed https://www.Impulsereputation.com. We may, at our discretion, periodically change the description or content of our Services to reflect changes to the Service offerings and features, including, without limitation, to
reflect enhanced capabilities, changes in the service terms, changes in regulatory requirements, and/or any other modification intended to improve the efficacy of the Services or better address a perceived need among our customers.
ENROLLMENT FOR FREE SERVICES OR PURCHASE OF PAID SERVICES
When you sign up for free Services when you create user accounts, and/or when you purchase paid Services, you are agreeing to the specific terms of service established for each type of Service.
USER ACCOUNTS AND PASSWORDS
Certain features or services offered on or through the Site may require you to open an account (including setting up an Impulse.com ID and/or password(s)). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your login ID and password, and any activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other breaches of security. Impulse.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
We take seriously our responsibility to keep secure the information that our users and customers entrust to us. To protect this confidential information, we use industry-standard safeguards to protect confidential information stored on our systems. We take reasonable measures, including administrative, technical, and physical safeguards, to protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction.
Nevertheless, Impulse cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. If any information in our possession or under our control is compromised as a result of a security breach, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps following applicable laws or regulations.
You may only use or reproduce the Content for your own personal and non-commercial use. The following activities are prohibited: (i) using any robot, spider or other an automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (ii) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (iii) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (iv) taking any action that imposes an unreasonable or disproportionately large load on Impulse.com’s hardware and software infrastructure (collectively, “Prohibited Activities”).
We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users
of our Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing copyright(s) in a work, and you wish to have the allegedly infringing material removed, the following information in the form of a
written notification (according to 17 U.S.C. ss 512(c)) must be provided to our designated Copyright Agent:
1.Your physical or electronic signature;
2.Identification of the copyrighted work(s) that you claim to have been infringed;
3. Identification of the material on our services that you claim is infringing and that you request us to remove;
4.Sufficient information to permit us to locate such material;
5.Your address, telephone number, and e-mail address;
6.A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7.A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, according to 17 U.S.C. SS 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection
with the written notification and allegation of copyright infringement
LINKS TO OTHER SITES
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors.
Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your independent judgment regarding your interaction with these Linked Sites.
You agree to indemnify, hold harmless and defend us, our officers, directors, employees, agents, and third-party suppliers or affiliates, at your expense, against all third-party claims, actions, proceedings, and suits brought against us or any of our officers, directors, employees, agents, third-party suppliers or affiliates, and pay all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by us or any of our officers, directors, employees, agents, third-party suppliers or affiliates, arising out of or relating to: (a) your breach of any term or condition of this Agreement; (b) you’re fraudulent or malicious use of the Services; (c) your violation of applicable laws, rules or regulations in connection with the Services; or (d) our use of any content or information, including Client Materials or Reviewer Information, you provide to us.
In such a case, we will provide you with written or electronic notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
LIMITATION OF LIABILITY
Types of Damages. NEITHER WE NOR OUR THIRD PARTY SUPPLIERS WILL BE LIABLE TO YOU OR
ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
Amount of Damages.
OUR MAXIMUM LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU HAVE PAID TO US under THE ORDER THAT IS THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY
General Payment Terms.
To the extent you use a Service that is made available for a fee, you will be required to select a payment plan and provide accurate information regarding your credit card, ACH or other payment instruments. You will promptly update your account information with any changes in your payment information. You agree to pay Impulse in accordance with the terms set forth on Impulse.com and related pages and this An agreement and you authorize Impulse, or its third-party payment processors, to bill your payment instrument in advance periodically under such terms (the “Billing Period”). Any free trial that provides access to a Service that otherwise is available for a fee must be used within the specified time of the trial (a “Trial”). You must stop using such paid Service before the end of the Trial in order to avoid being charged for that paid Service.
Third-Party Billing. If you do not select a different payment instrument, you authorize Impulse to bill you for Services through your payment processor, bank, or other third parties via ACH or another method.
If you dispute any charges you must let Impulse know within thirty (30) days after the date that Impulse invoices you. If we increase our prices for your Service plan, we will provide notice of the change on the Site and in an email to you at least 30 days before the change is to take effect. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount.
The impulse may choose to bill you directly (online) or through an invoice (the “Preferred Billing Method”). Depending on your Preferred Billing Method, full payment must be made by an online method on the stated due date, or in the case of an invoice, no later than the date specified in the invoice. Notwithstanding the foregoing, at Impulse’s sole discretion, Impulse may elect to bill you via any means that is available to Impulse if Impulse encounters any difficulty in billing you via the Preferred Billing Method or otherwise has difficulty in receiving
timely payment from you. If Impulse is unable to collect fees when due from you, Impulse may suspend your access to the Services or terminate this Agreement.
Impulse is not responsible for any payment processing errors or fees or other
Services-related issues, including those issues that may arise from inaccurate account information or errors by independent third-party billing services.
If you have not received a free trial (or any other free access) to the Service, Impulse will refund You the pre-paid subscription fees for Your initial purchase of any paid subscription to the Services if, and only if, Impuse receives a written request for such a refund within thirty (30) days of the commencement of, the earlier of, such a subscription via an email to firstname.lastname@example.org. If you request such a refund, Your paid subscription to the Services may cease immediately without further notice including, without limitation, access to portions or features of the Services that require a paid subscription and any User Data or Content contained in the Services may be irretrievably deleted or removed without further notice. Please note that the foregoing refund does not include any separate fees or taxes that you may
have been included in Your purchase. For clarity, if you have previously received a free trial to the Services, You are not entitled to (and Impulse will not provide) any such refund.
NOTICES AND SERVICE MESSAGES
You agree that we may use our website, mobile apps, and email to provide you with important notices. You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) an text to you at the mobile number you provided, or (4) through other means including telephone, or mail. You agree to keep your contact information up to date.
AMENDMENTS OR MODIFICATIONS
We may amend, modify or terminate any terms of this Agreement at any time and such an amendment, modification or termination will be effective at the time we post the revised terms on the site. You can determine when this agreement was last revised by referring to the “last updated” legend at the top of this agreement. You’re continued
use of the site or services after we have posted revised terms signifies your acceptance of such revised terms. No amendment to or modification of this agreement will be binding unless in writing and signed by our duly authorized representative or posted to the site by our duly authorized representative.