Terms of Use

TERMS OF USE

Date: 7/21/2026

IMPORTANT -- PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE

These Terms of Use ("Terms") constitute a legally binding agreement between you and The Pulse Boutique LLC. By clicking "I Agree," creating an account, completing a purchase, or otherwise affirmatively indicating your acceptance, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use this Website.

About These Terms

These Terms govern your access to and use of the website operated by The Pulse Boutique LLC ("The Pulse Boutique," "we," "us," or "our") at thepulseboutique.com (the "Website"). The Website is an e-commerce platform offering clothing and accessories.

We may update these Terms from time to time. When we make material changes, we will notify you by posting a prominent notice on the Website or by email at least 14 days before the changes take effect. Your continued use of the Website after the effective date of any update constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Website.

These Terms incorporate our Privacy Policy by reference. Please review the Privacy Policy, available at thepulseboutique.com/pages/privacy-policy, which describes how we collect, use, and share your personal information and your rights under applicable privacy laws including the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA).

Eligibility

The Website is intended for users who are at least 18 years of age. By using the Website, you represent that you are at least 18 years old. We do not knowingly collect personal information from individuals under 18 without verifiable parental consent, consistent with our Privacy Policy and applicable law including COPPA and CPRA.

If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf and consents to your use of the Website.

The Website is operated from the United States. If you access the Website from outside the United States, you are responsible for compliance with all applicable local laws.

Accounts

To access certain features of the Website, including order history and loyalty program benefits, you may need to create an account. When you create an account, you agree to:

Provide accurate, current, and complete information during registration.
Maintain and promptly update your account information to keep it accurate.
Keep your password confidential and not share it with any third party.
Accept responsibility for all activity that occurs under your account.
Notify us immediately at support@thepulseboutique.com if you suspect unauthorized access to your account.

We reserve the right to suspend or terminate your account at any time for any violation of these Terms or for any other reason in our sole discretion, with or without notice.

Products, Pricing, and Orders

Product Descriptions

We make reasonable efforts to accurately display product colors, features, and specifications. However, your electronic display may not accurately reflect actual colors or details. All products are subject to availability. We reserve the right to discontinue any product at any time.

Pricing

All prices are in U.S. dollars and are subject to change without notice. We reserve the right to correct pricing errors at any time, including after an order has been submitted. If we discover a pricing error on your order, we will notify you and give you the option to proceed at the corrected price or cancel your order.

Price Adjustments

Price adjustments are available under the following conditions:

The order must qualify for the posted sale or discount, including any minimum order value or eligibility requirements stated in the promotion.
Discount codes and promotions may not be combined unless the original promotion expressly permits stacking.
Products that were sold out before a sale began are not eligible for price adjustment.
Price adjustment requests must be submitted within 7 business days after a sale or promotion begins.
Orders placed the same day a sale begins may request a refund for the difference.
Orders placed no more than two days before a sale may request store credit for the difference.

Order Acceptance

Submitting an order constitutes an offer to purchase. We reserve the right to accept or decline any order for any reason, including product availability, suspected fraud, or errors in product or pricing information. Your order is accepted when we send an order confirmation email.

Payments

We use third-party payment processors to handle all payment transactions. We do not collect, store, or have access to your payment card number, CVV, or financial account credentials. All payment information is handled directly by our payment processors, which include Shopify Pay, PayPal, Amazon Pay, Apple Pay, Google Pay, and major credit card networks. Each processor's practices are governed by its own terms and privacy policy. All processors adhere to PCI-DSS standards.

Privacy and Data Collection

Your use of the Website is subject to our Privacy Policy, available at thepulseboutique.com/pages/privacy-policy. The Privacy Policy is incorporated into these Terms by reference and describes in detail:

The categories of personal information we collect, including information collected automatically through tracking technologies.
The third-party advertising and analytics platforms that receive your data, including Meta (Facebook/Instagram), TikTok, Google, Pinterest, Snapchat, Klaviyo, and Attentive, among others.
How data is transmitted to those platforms via browser-side pixels and server-side APIs.
Your rights under CCPA/CPRA, including the right to opt out of sharing your personal information for cross-context behavioral advertising.
How to exercise your privacy rights, including through the Do Not Sell or Share My Personal Information link in the Website footer.AI-Assisted Business Operations

A. AI-Assisted Business Operations

We use artificial intelligence tools, including Claude AI provided by Anthropic, PBC, to assist with internal business operations including data analysis, customer service support, and business reporting. In connection with these operations, certain personal information may be processed through AI-assisted tools, including data from our integrated business platforms such as Shopify, Klaviyo, Google Analytics, and Attentive.

Anthropic processes this data solely to provide services to us and does not use your personal information to train its AI models. Anthropic's handling of data submitted through its business services is governed by Anthropic's Privacy Policy, available at anthropic.com/privacy, and its applicable terms of service. We have implemented Anthropic's business suite, which operates under data handling commitments described in Anthropic's enterprise terms.

The use of AI-assisted tools does not change your rights under our Privacy Policy or applicable law. Your personal information is not sold or shared with Anthropic for advertising purposes. For more information about how we use AI tools in our business operations and how your personal information is protected, please review our Privacy Policy or contact us at support@thepulseboutique.com.

By using the Website, you acknowledge that you have reviewed the Privacy Policy. Your use of the Website does not constitute consent to tracking for advertising purposes; consent for non-essential tracking is obtained separately through the cookie consent mechanism described in the Privacy Policy.

Electronic Communications and Marketing

Transactional Communications

By creating an account or placing an order, you consent to receive transactional communications from us relating to your account and orders, including order confirmations, shipping notifications, and account-related notices. These communications are necessary to operate the service and are not subject to marketing opt-out.

Marketing Communications

We will send you marketing emails or SMS messages only where you have provided separate, affirmative consent to receive them. You may withdraw your consent to marketing communications at any time by:

Clicking the unsubscribe link in any marketing email.
Replying STOP to any marketing text message.
Emailing support@thepulseboutique.com with the subject line "Unsubscribe."

Withdrawing consent to marketing communications does not affect your ability to use the Website or the delivery of transactional communications.

Intellectual Property

All content on the Website, including text, graphics, logos, images, product photographs, and software, is owned by or licensed to The Pulse Boutique and is protected by applicable copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial shopping purposes only. This license does not include the right to:

Copy, reproduce, distribute, or publicly display any Website content without our prior written consent.
Modify, create derivative works from, or reverse engineer any portion of the Website.
Use any automated tool, bot, scraper, or script to access or collect data from the Website.
Resell or commercially exploit any Website content or product listings.

User Submissions

If you submit content to the Website, including product reviews, feedback, or photographs ("Submissions"), you grant The Pulse Boutique a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, publish, and display your Submission in connection with the operation of our business, including on the Website and in marketing materials. You will receive no compensation for any use of your Submission.

By submitting content, you represent that you own or have the right to grant the license described above and that your Submission does not infringe any third-party rights or violate any applicable law.

We reserve the right to remove any Submission at any time in our sole discretion.

Prohibited Conduct

You agree not to use the Website to:

Violate any applicable federal, state, or local law or regulation.
Infringe the intellectual property rights of The Pulse Boutique or any third party.
Transmit any harmful, offensive, defamatory, or unlawful content.
Attempt to gain unauthorized access to any portion of the Website or its infrastructure.
Interfere with or disrupt the operation of the Website or servers.
Use automated tools to access, scrape, or collect data from the Website without our express written consent.
Engage in fraudulent activity, including submitting false orders or payment information.

Links to Third-Party Sites

The Website may contain links to third-party websites. Those websites are not operated or controlled by The Pulse Boutique and we are not responsible for their content, privacy practices, or terms of use. Inclusion of a link does not imply our endorsement of the linked site. We encourage you to review the privacy policy and terms of each third-party site you visit.

Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE.

Nothing in this Section limits or excludes any warranty that cannot be disclaimed under applicable law, including any rights you may have under California consumer protection statutes or other applicable state or federal law.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PULSE BOUTIQUE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

The limitations in this Section do not apply to: (a) liability for death or personal injury caused by our negligence; (b) liability for fraud or fraudulent misrepresentation; (c) any liability that cannot be limited or excluded under applicable law, including liability arising under California consumer protection statutes, the California Invasion of Privacy Act, the Electronic Communications Privacy Act, or other applicable state or federal privacy and consumer protection laws; or (d) your indemnification obligations under Section 14.

Indemnification

You agree to indemnify, defend, and hold harmless The Pulse Boutique and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your use of or inability to use the Website.
Your violation of these Terms.
Your violation of any third-party right, including any intellectual property right or privacy right.
Your violation of any applicable law or regulation.
Any content or Submission you provide to the Website.
Any resale, redistribution, or commercial exploitation of products purchased through the Website, including any claims brought by third-party purchasers arising out of your resale of such products, any misrepresentation you make in connection with such resale, or any modification of products prior to resale.

We reserve the right to assume exclusive control of any matter subject to indemnification by you at our own expense, in which case you agree to cooperate with our defense of that matter.

Dispute Resolution -- Binding Arbitration

Informal Resolution First

Before initiating arbitration, you agree to first contact us at support@thepulseboutique.com and describe your dispute in reasonable detail. We will attempt to resolve the dispute informally within 30 days. If we are unable to resolve the dispute informally within 30 days of your notice, either party may proceed to arbitration as described below.

Binding Arbitration

Except as provided in Sections 15(F) and 15(G) below, any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Website, or our Privacy Policy, including disputes about the existence, validity, interpretation, performance, breach, or termination of these Terms, shall be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at adr.org. The arbitration shall be conducted by a single neutral arbitrator. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration provision. The arbitrator shall have authority to award any remedy available at law or in equity to an individual claimant, subject to the limitations in these Terms.

Arbitration Location and Fees

Arbitration may be conducted by telephone, videoconference, written submissions, or in person at a location mutually agreed upon by the parties. AAA filing fees will be allocated in accordance with AAA Consumer Arbitration Rules. We will pay arbitration fees to the extent required by the AAA Consumer Arbitration Rules or applicable law.

Class Action Waiver

YOU AND THE PULSE BOUTIQUE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE ACTION OR PROCEEDING.

THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE AS TO ANY CLAIM, THEN THAT CLAIM WILL PROCEED IN COURT AND NOT IN ARBITRATION, AND THE REMAINING CLAIMS WILL PROCEED IN ARBITRATION ON AN INDIVIDUAL BASIS.

This class action waiver applies independently of and survives any invalidation of the arbitration agreement in Section 15(B). If a court determines that the arbitration agreement is unenforceable for any reason, this class action waiver shall remain in effect to the maximum extent permitted by applicable law.

Mass Arbitration Procedures

If 25 or more claimants submit demands for arbitration raising similar claims against The Pulse Boutique within a 180-day period, the AAA's Mass Arbitration Supplementary Rules shall apply. The parties agree to cooperate in good faith to implement procedures for the efficient and orderly resolution of mass arbitration claims.

Public Injunctive Relief Carve-Out

Notwithstanding the arbitration agreement in Section 15(B) and the class action waiver in Section 15(D), any claim seeking public injunctive relief, meaning injunctive relief that benefits the general public rather than primarily yourself, may be brought in a court of competent jurisdiction and shall not be subject to arbitration. Nothing in these Terms is intended to waive your right to seek public injunctive relief in court.

Small Claims Court

Either party may bring an individual claim in small claims court if the claim qualifies for small claims court jurisdiction and is brought on an individual basis.

Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to support@thepulseboutique.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Your notice must include your name, the email address associated with your account, and a statement that you wish to opt out of arbitration. If you opt out, all disputes will be resolved in court as provided in Section 16. Opting out does not affect any other provision of these Terms.

Governing Law and Jurisdiction

Iowa Law Governs Generally.

These Terms of Use and any dispute arising out of or relating to them, your use of the Website, or any purchase you make through the Website are governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of laws principles, except as provided in Sections 16(B) and 16(C) below.

California Consumers.

If you are a resident of California, your rights under the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA), the California Invasion of Privacy Act (CIPA), and any other California statute that confers rights on California consumers that cannot be waived by contract are governed by California law, regardless of the Iowa choice of law in Section 16(A). Nothing in these Terms limits, waives, or modifies any right you have under California law that is non-waivable by contract. All other aspects of these Terms remain governed by Iowa law.

Other State Statutory Claims.

If you are a resident of a state other than California that has enacted a consumer privacy law, consumer protection statute, or other law that confers rights on consumers that cannot be waived by contract, the law of your state of residence governs your claims under that statute to the extent Iowa law would deprive you of those non-waivable rights. All other aspects of these Terms remain governed by Iowa law.

Jurisdiction and Venue.

For any dispute not subject to arbitration under Section 15 of these Terms, you and The Pulse Boutique consent to the exclusive jurisdiction of the state and federal courts located in Jasper County, Iowa for resolution of that dispute, except that: (i) a California resident asserting claims under California consumer protection statutes may bring those claims in the appropriate state or federal court in California; and (ii) a resident of any other state asserting claims under that state's consumer protection statutes that cannot be waived by contract may bring those claims in the appropriate court in their state of residence.

Federal Arbitration Act.

Notwithstanding the governing law provisions in this Section, the Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of the arbitration agreement and class action waiver in Section 15(D) of these Terms in all circumstances and in all jurisdictions.

Data Breach Notification

In the event of a security breach involving your personal information, we will notify you as required by applicable law, including California Civil Code sections 1798.29 and 1798.82. Notification will be provided by email to the address associated with your account, by prominent notice on the Website, or by other means required or permitted by law. We will also notify the California Attorney General if a breach affects more than 500 California residents, as required by law.

Changes to the Website and Terms

We reserve the right to modify, suspend, or discontinue the Website or any portion of it at any time without notice or liability. We may also update these Terms at any time. For material changes, we will provide at least 14 days' notice by posting a prominent notice on the Website or by email. Your continued use of the Website after the effective date of any update constitutes acceptance of the revised Terms.

We encourage you to review these Terms periodically. The most current version will always be available at thepulseboutique.com/pages/terms-of-use.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features or promotions, constitute the entire agreement between you and The Pulse Boutique regarding your use of the Website and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of The Pulse Boutique.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.