General Disclaimer and Terms of Use
The following terms constitute an agreement between you and Pulse of the Patient (“Pulse”), the entity operating the online interactive community (www.pulseofthepatient.com). This agreement governs your use of Pulse, both as a guest, casual visitor and a registered member as described in the Membership Eligibility section below.
You, the user, agree to be bound by the terms of this agreement when accessing or using the site to the extent you register on the site as a member, then in addition to the terms that are applicable to all users on the site.
Membership Eligibility
To become a member and access the area on Pulse reserved for members, Pulse requires that you are either a (a) diagnosed patient of the particular condition community you are joining, (b) caregiver for a patient eligible to join such a community, (c) guest with legitimate, non-commercial interests or reasons to participate in the community and who agrees to respect the privacy and preserve the dignity of all community participants or (d) guest as authorized by a Pulse member or employee.
Pulse relies upon the shared experience and knowledge of its online community of patients, family members, friends, and caregivers to provide key content intended to benefit the community through Pulse's innovative applications at no cost to members. We are NOT doctors, NOR do we provide medical advice. All materials on this website, including any links to other sites, is provided "as is" and is without any express or implied warranties, including warranties of merchantability or fitness for a particular purpose. Due to the nature of the Internet and the interactive nature of Pulse and the Pulse community, Pulse does not warrant or make any representations regarding the usefulness of or the expected results of the material provided on the Pulse website, by the Pulse community, or linked websites.
Member Password and Login Identity
You, the user, are responsible for maintaining the confidentiality of your membership login and password information, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated. You agree to immediately notify Pulse of any unauthorized use of your membership password or login or any other breach of security.
Links to Other Websites
Pulse may contain links, documents and videos to other websites that are not under the control of Pulse. The inclusion of any link does not imply endorsement by Pulse of such site and Pulse is not responsible for the content of such linked sites. Any links or embedded media submitted by Pulse members and Pulse Staff from publicly available sources such as YouTube, Ustream, and other information sharing sites (including blogs and news sites) does not imply endorsement by Pulse as medical advice. You, the user, agree that any content that you upload and share to communities is not pornography, spam, money-laundering schemes, viruses, or any other inappropriate content that may be harmful to other members in the community. In the case of inappropriate content, Pulse reserves the right to immediately revoke your account and take all necessary legal actions for any damages caused to the community.
Posting and Use of Content in the Member Area
The Member Area includes all community pages (My Profile, Polls, My Journey, My Challenge, Pulse Network, Pulse Companion and all other pages and sub-pages where members may post messages, images, and other content (“User Submissions”). If you are a member, you (or the author) owns the copyright in the messages, images, and other content you post in the Member Area, but by posting such content within User Submissions to the Member Area you grant Pulse and our affiliates the right to use, copy, display, perform, distribute, translate, edit, and create derivative works of your User Submissions, subject to the terms of the Privacy Policy.
While some community areas in the Member Area are monitored periodically for topicality, Pulse has no obligation to prescreen postings and is not responsible for their content. We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason.
You agree not to disclose to any person or entity personally identifiable information about other members that you encounter while using this Site (whether posted in the Member Area by a member or emailed to you by a member) without the express consent of such member. You may disclose information of a general nature (that could not identify the member who provided such information or whom such information is about) to third parties outside this Site, subject to the above restriction on non-commercial use.
Membership Termination
You agree that Pulse may, with or without cause, immediately terminate your Pulse membership or limit or terminate your access to the Member Area or the Site without prior notice. Without limiting the foregoing, the following may lead to a termination by Pulse of a member's membership and use of the Site: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Pulse has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.
Modifications to this Agreement
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.
Indemnification
You agree to indemnify and hold harmless Pulse, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
International Users
Pulse makes no claims that information on the Site is appropriate or may be downloaded outside of the United States. Personal information (“Information”) that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy. If you are a non-U.S. user, you acknowledge and agree that Pulse may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Site.
Member Notices
If you register as a member, you agree that Pulse may send notices to you by email at the email address you provide when registering to become a member (or which you later update using the functionality of the Site).
Miscellaneous Terms
Pulse of the Patient, LLC ® and the Pulse logo are trademarks of Pulse. You agree not to display or use these trademarks in any manner without Pulse's prior, written permission.
Pulse may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement.
If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.