Terms and conditions
TERMS AND CONDITIONS
OVERVIEW
This website/application is operated by the Custom Pulse team. Throughout the site, the terms "we," "us," and "our" refer to Custom Pulse. By accessing this website/application and using its services, tools, and information, you, the user, agree to comply with all terms, conditions, policies, and notices outlined here.
By visiting our site or making a purchase, you engage with our "Service" and agree to be bound by these Terms and Conditions (referred to as "Terms"). This includes any additional terms, conditions, or policies referenced herein or accessible via hyperlinks. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors.
Please read these Terms carefully before using the website/application. By accessing or using any part of the site, you confirm your acceptance of these Terms. If you do not agree with any part of this agreement, you must refrain from accessing or using the site or its services. If these Terms are considered an offer, acceptance is limited solely to these Terms.
Any new features or tools added to the store will also be governed by these Terms. You can review the latest version of these Terms at any time on this page. We reserve the right to update, modify, or replace any part of these Terms by posting changes on the website/application. It is your responsibility to check for updates periodically. Continued use of the website/application after changes are posted constitutes your acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you confirm that you will not use our products or services for any illegal or unauthorized purposes. You also agree not to violate any laws in your jurisdiction, including but not limited to copyright laws.
You are prohibited from transmitting viruses, worms, or any other harmful code.
Any violation of these Terms will result in immediate termination of your services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content (excluding credit card information) may be transferred unencrypted and could involve (a) transmissions over various networks; and (b) adjustments to meet technical requirements for connecting networks or devices. Credit card information will always be encrypted during transmission.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or any access to the Service or its content without our express written permission.
The headings used in this agreement are for convenience only and will not affect the interpretation of these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible for any inaccuracies, incompleteness, or outdated information on this site. The material provided is for general information purposes and should not be relied upon as the sole basis for making decisions. We recommend consulting more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may include historical information, which is provided for reference only. While we may update the content of this site, we are under no obligation to do so. You are responsible for monitoring any changes to the site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time, without prior notice.
We will not be held liable to you or any third party for any changes to the Service, including modifications, price adjustments, suspensions, or discontinuations.
SECTION 5 - PRODUCTS AND SERVICES (if applicable)
Certain products or services may be available exclusively online through our website/application. These products may have limited quantities and can only be returned or exchanged according to our Return Policy.
While we make every effort to display the colors and images of our products as accurately as possible, we cannot guarantee that the display on your computer monitor will be exact.
We reserve the right to limit the sale of our products or services to any individual, geographic location, or jurisdiction, which we may enforce on a case-by-case basis. Additionally, we may limit the quantities of products or services offered. All product descriptions and pricing are subject to change without notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offers made on this site are void where prohibited by law.
We do not guarantee that the quality of any products, services, or information purchased or obtained will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. At our discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed using the same customer account, credit card, or billing/shipping address. If we make changes or cancel an order, we will attempt to notify you via the email and/or billing address or phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be made by dealers, resellers, or distributors.
You agree to provide accurate, current, and complete information for all purchases made at our store. You also agree to promptly update your account details, including your email address, credit card information, and expiration dates, so that we can process your transactions and contact you when necessary.
For further details, please refer to our Return Policy.
Here’s a refined version of your sections:
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor or control in any way.
You acknowledge and agree that we provide access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement. We are not liable for any damages or issues arising from your use of these optional third-party tools.
Your use of these optional tools is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms provided by the relevant third-party providers before using their tools.
In the future, we may offer new services and/or features through our website/application, including the release of new tools and resources. These new features and services will also be subject to these Terms and Conditions.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for the content or accuracy of these sites, and we do not warrant, nor assume liability for, any third-party materials, websites, products, or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review the third-party policies and practices carefully before making any transactions. Any complaints or concerns regarding third-party products should be directed to the relevant third party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you submit specific materials at our request (e.g., contest entries), or send us creative ideas, suggestions, proposals, or other materials (collectively referred to as "comments"), you grant us permission to use these comments in any way, without restriction. This includes the right to edit, copy, publish, distribute, translate, and otherwise use them in any medium. We are not obligated to (1) keep any comments confidential; (2) compensate you for any comments; or (3) respond to any comments.
We may, at our sole discretion, monitor, edit, or remove content that we deem unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any intellectual property or these Terms and Conditions.
You agree that your comments will not infringe on any third-party rights, including copyright, trademark, privacy, or proprietary rights. Additionally, your comments will not contain unlawful, abusive, obscene, or harmful material, or any viruses or malware that could affect the operation of the Service or related websites/applications. You may not use a false email address, impersonate someone else, or mislead us or third parties regarding the origin of any comments. You are solely responsible for the accuracy of your comments and any liability arising from them. We are not responsible for any comments made by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to update or change information, including canceling orders, if any information in the Service or on any related website/application is found to be inaccurate, without prior notice (including after you’ve placed an order).
We are under no obligation to update, amend, or clarify information in the Service or on any related website/application, including pricing information, except as required by law.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions outlined in these Terms and Conditions, you are prohibited from using the site or its content for the following purposes:
- Engaging in unlawful activities;
- Soliciting others to participate in unlawful acts;
- Violating any international, federal, provincial, state, or local laws or regulations;
- Infringing upon or violating our intellectual property rights or those of others;
- Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against any individual or group based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- Submitting false or misleading information;
- Uploading or transmitting viruses or other malicious code that could harm or affect the functionality of the Service or any related websites or the Internet;
- Collecting or tracking the personal information of others;
- Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;
- Using the site for obscene or immoral purposes;
- Interfering with or circumventing the security features of the Service, any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results obtained from using the Service will be accurate or reliable.
You agree that we may remove the Service for indefinite periods or cancel it at any time without notice.
Your use of the Service is at your own risk. The Service, along with all products and services delivered through it, is provided "as is" and "as available" without any warranties or representations, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement.
In no event will Custom Pulse, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), or otherwise, arising from your use of the Service or any products procured through it, or for any claim related to your use of the Service or products, including any errors or omissions in content, or any loss or damage of any kind incurred as a result of the use of the Service or content, even if we were advised of the possibility of such damages.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law in such jurisdictions.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Custom Pulse, including our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by a third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be severed from these Terms. This determination will not affect the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing use of the site.
We may, at our sole discretion, terminate this agreement if we believe you have failed, or we suspect you have failed, to comply with any term or provision of these Terms and Conditions. In such a case, we may terminate your access without notice, and you will remain liable for all amounts due up until the termination date.
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of that right or provision.
These Terms and Conditions, along with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement between you and us. This supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including prior versions of the Terms).
Any ambiguities in interpreting these Terms shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms and Conditions, along with any separate agreements in which we provide Services to you, shall be governed by and construed in accordance with the laws of the applicable jurisdiction.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms and Conditions at any time on this page.
We reserve the right to update, change, or replace any part of these Terms at our sole discretion by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or Services following the posting of changes constitutes your acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
For questions about these Terms and Conditions, please contact us via our customer support channel.