As used herein, "Website" means the Pulse website, located at lovemypulse.com. "You" and "your" means you, an individual, and/or the company on whose behalf you accept these Terms. "We," "Pulse," "us" and "our" means Toaster Labs, Inc. ("Toaster Labs").
All Intellectual Property on and relating to the Website, Content, and Pulse products is owned by Toaster Labs, which includes materials protected by copyright, trademark, or patent laws (collectively, "Intellectual Property"). All trademarks, service marks and trade names are owned, registered, and/or licensed by Toaster Labs. All content on the Website, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is protected under the United States copyright laws and is the exclusive and proprietary property of Toaster Labs.
You may use the Website and Content only for your own non-commercial, informational use and to place an order or purchase Toaster Labs products. You may not print or download materials from the Website unless specifically authorized, and you agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, post, transmit or sell any Intellectual Property or Content appearing on the Website without Toaster Labs' written consent. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you.
All orders placed through the Website are subject to Toaster Labs' acceptance. This means that Toaster Labs may refuse to accept or cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else, other than to refund any applicable amounts that you have paid in connection with a cancelled order.
Safeguard Your Username/Password
You are responsible for any activities that take place while using your account. Keep your username/password secure and do not allow anyone else to use your username/password to access your account. Toaster Labs is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
Your comments, reviews, suggestions, and any other similar information you choose to submit to us ("User Content") is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Toaster Labs a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual right to use your User Content in any manner now or later developed, for any purpose and without any payment due to you.
Restrictions on Use
You agree not to misuse our Website or to help anyone else to do so. For example, you agree that you will not:
-interfere with or disrupt our Website or services, or any user, for example by sending a virus, flooding, or spamming the Website or any part of our services;
-access, search or create accounts for the Website by any means other than our publicly supported interface;
-send unsolicited communications, promotions, advertisements, or spam; or
-post or otherwise submit any information or material that is abusive, violent, threatening, harassing, defamatory, that advocates bigotry or hatred against any person or group of people, that violates the law in any way, or that infringes any proprietary, personal or intellectual property right of any individual, group or entity.
Third Party Platforms
You agree to indemnify, defend, and hold harmless Toaster Labs, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms, any law or the rights of any third party.
Limitation of Liability
TOASTER LABS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST TOASTER LABS FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF TOASTER LABS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, TOASTER LABS' LIABILITY SHALL NOT EXCEED US$10.00.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions are still valid and enforceable.
Toaster Labs reserves the right in its sole discretion to terminate your account, delete any of your User Content, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. Toaster Labs also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Website. You understand and agree that some of your User Content, such as reviews and/or comments or User Content that is displayed on Third Party Platforms, may continue to appear on the Website or other platforms even after your User Content is removed or your account is terminated. These Terms remain in effect even after your account is terminated. The Terms relating to Intellectual Property, Indemnification, Limitation of Liability, Severability and terms that by their nature may survive termination shall survive any termination.