Updated on February 17, 2018.
At Pulse Labs, Inc., we strive to offer a first-class experience for our customers, and uphold the highest degree of professionalism. The following terms and conditions (“Terms”) constitute a binding agreement between you and Pulse Labs, Inc., its affiliates, and its and their parent and subsidiary companies (collectively, “Pulse Labs” “we,” or “us”) with respect to your use of this website and any other Pulse Labs owned websites, micro-sites, and social media pages and accounts (collectively, “Pulse Labs Sites”), all Pulse Labs-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with the Pulse Labs Sites and the Applications, the “Services”), including any Content (as defined below). If you do not agree to these Terms, please do not use or access the Pulse Labs Sites, Devices, Applications or Services for any purpose. Additional policies, terms, and conditions applicable to certain Pulse Labs Services, specific areas of certain Pulse Labs Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain Pulse Labs Sites or Applications and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the Pulse Labs Sites or Applications will be controlling with respect to those particular areas. Pulse Labs reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Pulse Labs Sites or Applications. Fraudulent behavior, spamming, flaming, excessive use of profanity or abusive language, on Pulse Labs Sites, Applications or any other website in regards to Pulse Labs, or while contacting any of our Member Services team, will not be tolerated.
Pulse Labs distributes products designed to help customers cultivate herbs, fruits, vegetables and other agricultural products at home. Some Herbs are considered a schedule I controlled substance under the United States Controlled Substances Act, 21 USC § 801, et seq., and, therefore, the possession, cultivation and distribution thereof is federally illegal and can result in significant criminal and civil penalties. Any herbs you choose to use or cultivate with or without Pulse Labs products is done at your own risk and may be a violation of these Terms and Conditions. We specifically prohibit the use our products for any illegal or unauthorized purpose or for uses that violate any laws in your jurisdiction (including but not limited to copyright laws).
Your use of the Pulse Lab Sites, Applications, Devices, and Services is subject to our Privacy Notice located here, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by Pulse Labs.
If you are dissatisfied with your Pulse Labs purchase for any reason, please contact Pulse Labs Member Services at 1-(888) 537-8573 or via chat available at http://pulsegrow.com between 6:00 a.m. and 5:00 p.m. Pacific Time, Monday through Friday or and between 7:00 a.m. and 4:00 p.m. Pacific Time, Saturday and Sunday, so we can resolve your concerns. Subject to the conditions set forth here, Pulse Labs will give you, as your sole remedy, a refund in an amount equal to the price of the product, plus applicable taxes.
PULSE LABS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ABOUT PRODUCTS OFFERED FOR SALE OR PURCHASED THROUGH A PULSE LABS SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT.
THE PULSE LABS SITES, APPLICATIONS, DEVICES, AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE PULSE LABS SITES, APPLICATIONS AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND PULSE LABS HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER PULSE LABS NOR ANY PERSON ASSOCIATED WITH PULSE LABS MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PULSE LABS SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER PULSE LABS NOR ANYONE ASSOCIATED WITH PULSE LABS REPRESENTS OR WARRANTS THAT THE SITES, APPLICATIONS, DEVICES, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PULSE LABS SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
IN NO EVENT WILL PULSE LABS, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, APPLICATIONS, DEVICES AND SERVICES, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE PULSE LABS SITES, APPLICATIONS, DEVICES, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK.
You agree to defend, indemnify and hold harmless Pulse Labs and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of Pulse Labs Sites, Applications, Devices or Services.
The trademarks and service marks displayed on the Pulse Labs Sites, Applications, Devices and Services are the registered and unregistered trademarks, service marks and trade dress of Pulse Labs and its licensors. For a list of Pulse Labs trademarks and service marks please contact Member Services. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Pulse Labs Sites, Applications, Devices and Services are trademarks, service marks or trade dress of Pulse Labs in the U.S. and other countries. Pulse Lab’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Pulse Labs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pulse Labs. All other trademarks not owned by Pulse Labs that appear in any Pulse Labs Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pulse Labs.
All content included on or made available through any Pulse Labs Sites, Applications, Devices and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Pulse Labs 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 Pulse Labs Sites, Applications, Devices and Services is the exclusive property of Pulse Labs and protected by U.S. and international copyright laws.
Pulse Labs Sites, Applications or Services may contain links to third-party websites. These links are provided for your convenience only. Pulse Labs has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Pulse Labs Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.
You and Pulse Labs agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the Pulse Labs Terms, your use of Pulse Labs Sites, Applications or Services, or to any products sold or distributed by Pulse Labs or through Pulse Labs Sites, Applications or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies 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 these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Pulse Labs, Inc. 2711 Centerville Rd., Suite 400, Wilmington, New Castle County, Delaware 19808. 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 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.
The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. You or Pulse Labs may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Pulse Labs subject to the arbitrator’s discretion to require an in-person hearing.
The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Pulse Labs members, but is bound by rulings in prior arbitrations involving the same Pulse Labs member to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.
You and Pulse Labs agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Pulse Labs agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Pulse Labs members.
If for any reason a claim proceeds in court rather than in arbitration both you and Pulse Labs each waive any right to a jury trial. You and Pulse Labs also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any Pulse Labs Sites, Applications or Services, or any products sold or distributed by Pulse Labs or through Pulse Labs Sites, Applications or Services, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Unless you and Pulse Labs agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any Pulse Labs Sites, Applications or Services, or any products sold or distributed by Pulse Labs or through Pulse Labs Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in Los Angeles, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver of these Terms by Pulse Labs shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of Pulse Labs to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Unless otherwise specified, the Pulse Labs Services are presented solely for the purpose of promoting products and services available in the United States. Pulse Labs makes no representation that the Pulse Labs Services are appropriate or available for use in other locations. If you access Pulse Labs Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.
These Terms and our Privacy Notice constitute the sole and entire agreement between you and Pulse Labs with respect to the Pulse Labs Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.
Pulse Labs reserves the right to make changes to these Terms, at any time. If Pulse Labs makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at http://pulsegrow.com/terms, as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes.
Should you wish to terminate your membership due to a modification to the Terms, please contact Pulse Labs at 1-(888) 537-8573 or via live chat available at http://pulsegrow.com between 6:00 a.m. and 5:00 p.m. Pacific Time, Monday through Friday or and between 7:00 a.m. and 4:00 p.m. Pacific Time, Saturday and Sunday, If you choose to continue using the Pulse Labs Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions.
The date these Terms were last updated is set forth at the top of this page.
The Site is not directed to, and we do not knowingly collect or solicit personal information from, anyone under the age of 21. If we learn we have collected or received personal information from a anyone under the age of 21, we will delete that information. If you believe we might have any information from or about anyone under the age of 21, please contact us.
If you have questions or comments about these Terms or the Pulse Labs Sites, Applications, Devices, or Services, please write, phone or email us via the contact information below:
Pulse Labs, Inc.
333 Washington Blvd. #31,
Venice, CA 90292