Agreement between User and https://www.thepulseboutique.com/
Welcome to https://www.thepulseboutique.com/. The https://www.thepulseboutique.com/ website (the "Site") is comprised of various web pages operated by The Pulse Boutique. https://www.thepulseboutique.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.thepulseboutique.com/ constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register with the Site without the consent of a parent or guardian.
https://www.thepulseboutique.com/ is an E-Commerce Site.
The Pulse Boutique sells cute, casual, and comfy style clothing.
Visiting https://www.thepulseboutique.com/ or sending emails to The Pulse Boutique constitutes electronic communications. By entering your email address, you consent to any and all emails that may be sent until such a time as you opt out. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Pulse Boutique is not responsible for third party access to your account that results from theft or misappropriation of your account. The Pulse Boutique and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Links to Third Party Sites/Third Party Services
https://www.thepulseboutique.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The Pulse Boutique and The Pulse Boutique is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Pulse Boutique is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Pulse Boutique of the site or any association with its operators.
Certain services made available via https://www.thepulseboutique.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.thepulseboutique.com/ domain, you hereby acknowledge and consent that The Pulse Boutique may share such information and data with any third party with whom The Pulse Boutique has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.thepulseboutique.com/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Pulse Boutique or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Pulse Boutique content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of The Pulse Boutique and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Pulse Boutique or our licensors except as expressly authorized by these Terms.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Materials Provided to https://www.thepulseboutique.com/ or Posted on The Pulse Boutique Web Page
The Pulse Boutique does not claim ownership of the materials you provide to https://www.thepulseboutique.com/ (including feedback and reviews) or post, upload, input or submit to any The Pulse Boutique Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Pulse Boutique, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Pulse Boutique is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Pulse Boutique's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your The Pulse Boutique account to third party accounts. By connecting your The Pulse Boutique account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by The Pulse Boutique from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the The Pulse Boutique Content accessed through https://www.thepulseboutique.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
The Pulse Boutique makes every effort to display accurate pricing. While our goal is a 100% error-free Site, we do not guarantee that any content is accurate or complete, including price information. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. The Pulse Boutique reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
The Pulse Boutique reserves the right to offer price adjustments only under the following conditions:
- Orders must qualify for the posted sale or discount [min order value was met, qualified for buy one get one, items were included in sale etc.].
- Unless otherwise permitted in the original sale or promotion, discount codes and sales/promotions are unable to be stacked
- Products that were sold out before the sale started are not eligible to be adjusted.
- The customer must contact Pulse within 7 business days after the sale or promotion starts to receive an adjustment.
Orders placed the same day a sale or price adjustment occurs, the customer can request a refund for the difference.
Orders placed no more than two days before the sale or price adjustment can email in to request a store credit for the difference.
You agree to indemnify, defend and hold harmless The Pulse Boutique, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Pulse Boutique reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Pulse Boutique in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and The Pulse Boutique agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE PULSE BOUTIQUE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE PULSE BOUTIQUE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE PULSE BOUTIQUE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The Pulse Boutique reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Iowa and you hereby consent to the exclusive jurisdiction and venue of courts in Iowa in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Pulse Boutique as a result of this agreement or use of the Site. The Pulse Boutique's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Pulse Boutique's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Pulse Boutique with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Pulse Boutique with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Pulse Boutique with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
The Pulse Boutique reserves the right, in its sole discretion, to change the Terms under which https://www.thepulseboutique.com/ is offered. The most current version of the Terms will supersede all previous versions. The Pulse Boutique encourages you to periodically review the Terms to stay informed of our updates.
Effective as of January 21, 2019