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World Pulse Terms of Service

Welcome to the World Pulse website! We are dedicated to creating a safe, supportive online community that is governed by integrity, authenticity, and respect for all voices. World Pulse ("WP", "we", "us" or "our") owns and operates the World Pulse website ("Site") and provides the services offered through the Site ("Services") subject to these Terms of Service ("TOS").

Please read these TOS carefully. By accessing or using any part of the Services, you accept, without limitation or qualification, these TOS and agree to be legally bound by them. If you do not agree with all of these TOS, you may not use any portion of the Services. If you are dissatisfied with these TOS or any material on the Services, your sole and exclusive remedy is to discontinue using the Services.

ACCESSIBILITY IF YOU ARE HAVING ANY TROUBLE ACCESSING THESE TOS OR THE SERVICES, PLEASE CONTACT US AT +1-503-734-2383. HOURS OF OPERATION Mon-Fri, 9 AM -5 PM PST.

  1. Acceptance of Terms

These TOS may be updated by us from time to time without notice to you. You can review the most current version of these TOS at any time at https://www.worldpulse.com/en/help/terms-of-service. We recommend that you check back here from time to time to review the most current version of these TOS. If you do not agree to these TOS, please do not register with and/or otherwise use the Site or the Services.

When using certain Services you may be subject to posted guidelines or rules applicable to those Services, including our Community Guidelines and Community Moderation Policies which are in addition to these TOS. All such additional guidelines and rules are hereby incorporated by reference into these TOS.

  1. Description of Services

WP is an independent, women-led social network for social change.We provide a supportive, global online space where our members are connecting, gaining digital leadership skills, and exchanging stories and resources.

After registering with the Site you may receive certain communications from WP, such as World Pulse updates and community engagement notifications, the majority of which you will be able to opt out of. However, there may be some service announcements and administrative messages which you will not be able to opt out of unless you terminate your registration with the Site. To terminate your registration, please contact us at info@worldpulse.com. You may access public content on the Site without registering, but you will not be able to take advantage of certain features of the Site; for example, you will not be able to post any Content (defined below) without registering.

You are responsible for obtaining access to the Site and Services, and said access may involve third-party fees (such as Internet service provider or airtime charges). You are solely responsible for payment of those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site and Services. The Site and Services are provided "AS-IS" and WP assumes no responsibility for the operation of the Site and Services, including without limitation the timeliness, deletion, mis-delivery or failure to store any communications or personalization settings on the Site and Services.

  1. Authorized Use of the Services

You may only use the Services as set forth in these TOS and as described on the Services. The Site and Services are designed to appeal to a general audience, and are not directed to children. WP is concerned about the safety and privacy all Site and Services users, particularly children. For this reason, persons under the age of 16 are prohibited from registering with, providing personal information through, and/or otherwise using the Services without the consent and supervision of a parent or legal guardian. Parents and guardians are solely responsible for determining whether the Site and Services are appropriate for minors under their care, and for providing all necessary consents for minors to view or use the Services.

Subject to the foregoing, WP hereby grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access and use the Services on a personal computer, mobile phone or other wireless device, or other Internet enabled device for your personal, non-commercial use only. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Services. You may only use the Services in compliance with all applicable laws, rules, and regulations, and any agreements or terms with third parties to which you are subject ("Applicable Laws").

By using the Services, you agree to:

  • Provide only true, accurate, current, and complete information, and maintain and promptly update such information to keep it true, accurate, current, and complete;
  • Upload and disseminate only content or information that you own all required rights to under Applicable Laws, are authorized to disseminate (including not being subject to any confidentiality obligations), and do so only consistent with Applicable Laws and as permitted by any agreements to which you are bound;
  • Use reasonable efforts to prevent unauthorized access to or use of the Services;
  • Keep user IDs and all other login information confidential;
  • Monitor and control all activity conducted through your account in connection with the Services; and
  • Promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a user ID or account.

WP may, in its sole discretion and without notice to you, suspend or terminate your registration or your use of all or any part of the Site and Services at any time and for any reason, including for any violation of these TOS.

  1. Registered User Account, Password, and Security

You are solely responsible for maintaining the confidentiality of any password and other login information you use in connection with the Site and Services, and for restricting access to your device so that others may not access any password-protected portion of the Services using your account, username, or password. You are solely responsible for all activities that occur in connection with your account, username, and password—whether or not you authorized the activity. For that reason, we recommend that you sign out of the Site at the end of each session of your use of the Site. You are required to immediately notify WP of any unauthorized use of your password, other login information and/or other account details, and/or of any breach of security that you become aware of or have reasonable grounds to suspect, in connection with the Site and Services.

You understand and agree you are solely responsible for taking the necessary security measures to protect your account and personal information. WP makes no warranty, guarantee, or representation that use of any of the Services is protected from viruses, security threats, or other vulnerabilities. We will not be liable for any loss, damage, or other harm (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

  1. Privacy Policy

All information you provide to or through the Site and Services is subject to our Privacy Policy (which is hereby incorporated by reference into these TOS). For more information see our Privacy Policy at https://www.worldpulse.com/en/help/privacy-policy.

  1. Permissible Content and Site and Services Usage

All information, data, text, software, music, sound, photographs, graphics, video, messages and other material that is uploaded, posted, emailed, transmitted and/or otherwise made available through the Site and Services, whether publicly or privately (collectively, "Content"), is the sole responsibility of the person or entity that made said Content available. This means that you, and not WP, are entirely responsible for all Content that you have made available through the Site and Services. WP does not endorse the opinions expressed in any Content that it has not authored, nor does WP guarantee the accuracy, integrity, or quality of any Content whatsoever. You understand that by using the Site and Services, you may be exposed to Content that is offensive, indecent, objectionable, inaccurate, not current, and/or incomplete. Under no circumstances will WP be liable to you in any way for any Content, including without limitation for any of the opinions expressed in any Content, errors or omissions in any Content, and/or loss, damage, or other harm incurred as a result of the publication and/or use of any Content.

The purpose of the Site is to provide users with a forum with which to communicate their opinions and experiences and connect around issues important to them. For WP to carry out this mission, it is important that all users of the Site respect one another. With that in mind, please refrain from using the Site and Services in a manner that overtaxes the Site's bandwidth or otherwise makes it difficult for other users to access the Site and Services, communicate on the Site, and/or use the Site and Services.

You may not use the Site and Services for any unauthorized use or for any illegal or unlawful purpose. Any unauthorized use or violation of these TOS may immediately and automatically terminate your right to use and access the Services and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Services. We may remove any unauthorized Content without notice. Some examples of unauthorized, illegal, or unlawful use of the Services include, but are not limited to:

  1. Uploading, posting, emailing, transmitting and/or otherwise making available any Content that is unlawful, harmful, abusive, harassing, threatening, pornographic, obscene, vulgar, profane, hateful, incites violence, false or misleading, invasive of another's privacy, and/or racially, ethnically, religiously or otherwise objectionable, all as solely determined by WP;
  2. Defaming other persons and/or entities in any way;
  3. Impersonating any person or entity, including without limitation a WP staff member and/or forum moderator, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  4. Forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content (unless done in order to protect your safety and/or security);
  5. Uploading, posting, emailing, transmitting, or otherwise making available any Content that you are prohibited from making available by law and/or under a contractual or fiduciary relationship (such as inside information and/or proprietary and confidential information learned as part of an employment relationship or under a nondisclosure agreement);
  6. Uploading, posting, emailing, transmitting, or otherwise making available any Content that infringes any patent, trademark, trade secret, copyright, and/or other proprietary right of WP or any third party;
  7. Uploading, posting, emailing, transmitting, or otherwise making available any advertising, promotional material, junk mail, spam, chain letter, pyramid scheme, or solicitation, without express authorization from WP and/or the recipient, as applicable (except that WP does allow the posting of advertising and promotional material in support of women's empowerment, as determined by WP in its sole discretion, exclusively on the Resource Exchange section of the Site);
  8. Uploading, posting, emailing, transmitting, or otherwise making available any material that contains software viruses and/or any other computer code, file, or program designed to interrupt, destroy, and/or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. Disrupting or otherwise interfering with the Site, including without limitation any servers and/or networks connecting to the Site, and/or disobey any policies or procedures of servers and/or networks connecting to the Site;
  10. Flooding the Site with Content or otherwise overtaxing the servers and/or the Site's bandwidth in a manner likely to detract from, impede, or otherwise interfere with the operation and/or purpose of the Site;
  11. Intentionally or unintentionally violating any applicable local, state, national, and/or international law; and/or
  12. "Stalking" or otherwise harassing another person and/or entity; and/or collecting and/or storing personal information about Site users.

We are under no obligation to screen or monitor Content, but we may review Content from time to time at our sole discretion to review compliance with these TOS. We will make all determinations as to what Content is appropriate in our sole discretion. We may include, edit, or remove any Content at any time without notice. We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem objectionable. Such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked. Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

You may not access the Site and Services by any means other than the interfaces provided by WP for accessing the Site and Services.

  1. International Use

Recognizing the global nature of the Internet, you are required to comply with all local rules of every jurisdiction where the Site and Services are available regarding online conduct and acceptable Content. Specifically, and among other things, you are required to comply with all applicable laws regarding the transmission of personally identifiable data and other types of data exported from the United States, from the country in which you reside, and/or from the country in which you use the Site and Services.

  1. Content Ownership

You own your content. WP does not claim ownership of Content you make available through and/or for inclusion on the Site and Services. However, with respect to Content you make available for inclusion on publicly accessible areas of the Site, you grant to WP the worldwide, perpetual, royalty-free, irrevocable, and fully sublicensable right to distribute, reproduce, publish, publicly display, publicly perform, modify, adapt, translate, and otherwise use such Content (in whole or in part), and to incorporate such Content (in whole or in part) into other materials in any format or medium now known or later developed, (and/or to give third parties the right to do so), in any and all manner to promote WP's mission, in WP's sole discretion, without notice, payment, or other obligation to you of any kind. WP maintains a protocol to obtain consent and ensure that its and/or any third party's authorized use of Content is appropriate. Where practicable and appropriate, WP will provide attribution to you as the author of Content, unless you notify us in writing upon submission of the Content that you would prefer to remain anonymous. Although WP maintains a protocol to provide attribution for Content and maintain anonymity for Content, as applicable, WP will have no liability for any inadvertent failure to provide attribution to you for any Content for which you were seeking attribution, and/or any inadvertent attribution of authorship to you for any Content for which you provided notice requesting to remain anonymous. Without limiting the foregoing, WP may, in its sole discretion, choose to spotlight or otherwise make more prominent certain Content (or portions or edited versions thereof) on the Site. However, WP's decision to spotlight or otherwise make more prominent any Content will not render WP the author of any such Content.

  1. No Misuse of Site and Services

Except as otherwise expressly set forth in these TOS, you will not reproduce, sell, or otherwise use all or any part of the Site and Services (including any Content that you have not authored) for any purpose, without the prior express written permission of WP. Without limiting the foregoing in any way, please be aware that the Site and Services are made available to you solely for your personal non-commercial use, unless otherwise expressly permitted by WP.

You understand it is a breach of these TOS to use the Site and Services to send spam, and that such breach would cause WP to suffer significant, material damage, the amount of which would be uncertain and not readily ascertainable. Accordingly, as compensation for such breach, you will pay WP US $10,000 for each day that you send spam through the Site and Services, and you agree that such payment is reasonable and not disproportionate to the anticipated probable harm that your breach would cause WP to suffer.

  1. General Practices Regarding Site and Services Use

WP may establish general practices and limits concerning use of the Site and Services, including without limitation setting a maximum number of days that email messages, postings or other Content will be retained by the Site, the maximum number of email messages that may be sent or received by a Site registrant, the maximum size of any email messages that may be sent or received by a Site registrant, the maximum disk space that will be allotted on WP's servers on behalf of a Site registrant, and the maximum number of times (and the maximum duration for which) a user may access the Site and Services in a given period of time. WP will have no responsibility or liability for its storage, failure to store, and/or deletion of all or part of any Content. WP may log out accounts and/or terminate Site registrations (without notice) that are inactive for an extended period of time, in its sole discretion.

  1. Modifications to the Site, Services, and Content

WP may modify or discontinue, temporarily or permanently, all or part of the Site and Services (including any or all Content) without notice to you. WP shall not be liable to you or any third party for any modification, suspension, or discontinuance of all or any part of the Site and Services (including any or all Content), or your access thereto or use thereof.

  1. Links to Third-Party Sites; Advertisers

The Site may display (including as provided by third parties) links to other websites, services, products, or content of third parties not owned or operated by WP ("Third-Party Sites"). Because WP has no control over Third-Party Sites WP is not responsible for the availability or non-availability of Third-Party Sites, and WP does not endorse and is not responsible for any content (including without limitation any goods and/or services) available, directly or indirectly, through Third-Party Sites. Further, WP shall not be responsible for any damage, loss, or other harm arising from the use of or reliance on any content (including without limitation any goods and/or services) available, directly or indirectly, through Third-Party Sites. WP encourages you to carefully review the policies of any Third-Party Sites that you access. Your correspondence and/or other dealings with (including without limitation your participation in promotions of) advertisers and other third parties found, directly or indirectly, through the Site and Services (including without limitation, payment for, receipt of, and/or use of any third-party goods and/or services), and any terms, conditions, warranties and/or representations associated with such dealings, are solely between you and such third parties. WP shall not be responsible for any loss, damage, or other harm of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.

  1. Intellectual Property; Proprietary Rights

The Site and Services contain proprietary information and material owned by WP and/or its licensors, which is protected by applicable intellectual property and other laws. All content of the Site and Services (including, without limitation, text, graphics, icons, images, clips and software) is protected by copyright, trademark, and other laws. World Pulse, World Pulse Voices, the World Pulse logo, WorldPulse.org, WorldPulse.com, Voices Rising, Resource Exchange, Voices Of Our Future, No One Speaks For Me, and other WP product and service names and logos are trademarks of WP (collectively, the "World Pulse Marks"). You may not reproduce, distribute, display and/or otherwise use the World Pulse Marks in any manner without WP's prior express written permission. Unless otherwise indicated, all other intellectual property appearing on the Site and Services is the property of its respective owner. We reserve all rights not expressly granted in and to the Site and Services.

Additionally, Content is protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized by WP in writing or by another owner of any Content, as applicable, you may not distribute, reproduce, publish, publicly display, publicly perform, modify, adapt, translate, sell, and otherwise use that Content (in whole or in part), and/or incorporate that Content (in whole or in part) into any other material. Further, you may not remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notice provided on the Site. Nothing provided on the Site should be construed as granting, by implication, estoppel or otherwise, any right to use any Content, unless explicitly and unambiguously stated. The restrictions set forth in this Section are in addition to the restrictions set forth elsewhere in these TOS. Be aware that in the event that you misuse any Content in violation of these TOS, WP and/or any third-party rightsholder of that Content may enforce its rights to the fullest extent of the law, including by seeking criminal prosecution against you.

  1. Copyrights and Digital Millennium Copyright Act (DMCA) Notice

Content and other materials may be made available via the Site by third parties not within our control (such as photos uploaded by a user). We are under no obligation to, and do not, scan such Content and other materials for the inclusion of anything illegal or impermissible. However, we respect the copyright interests of others. It is our policy not to permit Content or other materials known by us to infringe another party's copyright to remain on the Site.

If you believe any Content or materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA Notices should be sent to WP's designated agent as follows:

World Pulse Voices

Attention: Moutushi Dey

401 NE 19 Ave, Suite 200

Portland, OR 97232

OR

info@worldpulse.com (with the subject line "DMCA")

  1. Termination

WP may, in its sole discretion, and without notice to you: terminate your password and other login information, Site account (or any part thereof), and access to and/or use of all or part of the Site, Services, and Content; and remove, delete, and discard any Content accessed through the Site (including without limitation any information and material in your Site account), at any time and for any reason, including without limitation for lack of use or if WP believes in its sole discretion that you have violated or acted inconsistently with the letter or spirit of these TOS or any other guidelines or rules applicable to the Site, Services, and Content.

  1. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WHILE WE USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SERVICES, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON THE SERVICES, WP MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF INFORMATION OR RESULTS ON THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, IS PROVIDED "AS IS" AND WP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICES. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WP DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE AND SERVICES (INCLUDING ANY CONTENT, OR ITEMS PURCHASED OR OBTAINED THROUGH THE SITE AND SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WP SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SITE AND SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH MATERIAL AND/OR THE ACT OF OBTAINING SUCH MATERIAL. NO ADVICE OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WP OR THROUGH THE SITE AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.

  1. Indemnification

You will indemnify and hold WP and its directors, officers, employees, volunteers, subsidiaries, affiliates, agents, representatives, co-branders and other partners, licensors, licensees, other Site and Services users, donors, and designees harmless against and from all claims, demands, actions, losses, judgments, liabilities, damages, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or otherwise relating to: (i) Content you make available through the Site and Services; (ii) your use of the Site, Services, and Content; (iii) your violation of these TOS; (iv) your negligence and/or willful misconduct; (v) your violation of any rights of any kind of another person or entity; or (vi) your violation of applicable law.

  1. Limitation of Liability

IN NO EVENT WILL WP BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, LOSS OF GOODWILL, INJURY/WRONGFUL DEATH, COSTS OF COVER, OR ANY OTHER INTANGIBLE LOSSES (EVEN IF WP HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES), INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM: (i) THE USE OF OR THE INABILITY TO USE THE SITE (INCLUDING ANY SERVICES AND/OR CONTENT); (ii) THE NEED TO PROCURE SUBSTITUTE GOODS AND/OR SERVICES AS A RESULT OF ANY INFORMATION, GOODS, AND/OR SERVICES OBTAINED, TRANSACTIONS ENTERED INTO, AND/OR COMMUNICATIONS RECEIVED THROUGH THE SITE (INCLUDING ANY SERVICES AND/OR CONTENT); (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA AND/OR OTHER CONTENT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE (INCLUDING THE SERVICES AND/OR CONTENT); AND/OR (v) ANY OTHER MATTER RELATING TO THE SITE (INCLUDING THE SERVICES AND/OR CONTENT). FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WP BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED TO YOUR USE OF THE SITE, SERVICES, OR CONTENT IN EXCESS OF $5.00. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

  1. Notices

Except as otherwise stated in these TOS, notices to you may be made via either email or regular mail.

  1. No Third-Party Beneficiaries

Except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to these TOS.

  1. Governing Law; Dispute Resolution; Arbitration

The laws of the State of Oregon shall govern these TOS. While we will make reasonable efforts to resolve any disagreements you may have with WP, if these efforts fail, you agree that all claims, disputes, or controversies against WP arising out of these TOS, or the purchase of any products or services ("Claims") shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, injunctive, or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and the Company agree in writing, and the arbitrator shall apply Oregon law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association using the contact information noted below.

American Arbitration Association

Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years' experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these TOS, in which case these TOS will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

  1. Entire Agreement

These TOS constitute the entire agreement between you and WP and govern your use of the Site and Services, superseding all prior agreements between you and WP relating to the Site and Services. For the avoidance of doubt, you may be subject to additional terms and conditions, not expressly set forth in these TOS, but incorporated into these TOS by reference, in connection with the Site and Services.

  1. Severability

If any part of these TOS shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these TOS.

  1. Waiver; Remedies

The failure by us to partially or fully exercise any rights or the waiver of any breach of these TOS by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these TOS. Our rights and remedies under these TOS shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

  1. No Right of Survivorship; Non-Transferability

Your rights to use your Site account are non-transferable, and any rights to your Site password, other login information, and account details and other Content terminate upon your death, if not earlier terminated.

  1. Statute of Limitations

Regardless of any statute or legal principle to the contrary, any claim or cause of action arising out of or related to the Site, Services, or Content, and/or these TOS, must be filed within one (1) year after such claim or cause of action arose or it will be forever barred.

  1. Section Titles for Convenience

The section titles and subtitles in these TOS are for convenience only and have no legal or contractual effect.

  1. Contact

Should you have any questions, or if you need to report any violations of these TOS, you may contact us via email at info@worldpulse.com, or via postal mail to:

Customer Service

World Pulse

401 NE 19th Ave, Suite 200

Portland, OR 97232

USA

California Resident Notice: If you would like to request further information regarding the use of the Services or have a complaint, you may contact us at [Customer Service, World Pulse, 401 NE 19th Ave, Suite 200, Portland, OR 97232, +1-503.734.2383]. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210. Hearing impaired persons may call (916) 928-1227 or (800) 326-2297 via TTY device.

These TOS were last updated on January 1, 2022