Terms of Use

THE PULSE BOUTIQUE TERMS OF USE


Effective Date: November 4th, 2026

IMPORTANT NOTICE: THESE TERMS REQUIRE BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS, INCLUDING PRIVACY-RELATED CLAIMS ARISING FROM YOUR ACCESS TO OR USE OF THIS SITE AS DETAILED IN THE “DISPUTE RESOLUTION; CLASS ACTION AND JURY TRIAL WAIVER” SECTION BELOW. 

  1. Introduction

Please review this page carefully. These Terms of Use (“Terms” or “Agreement”) constitute a legal contract between you and The Pulse Boutique LLC (“The Pulse Boutique,” “Company,” “we,” “us” or “our”) and govern your access to and use of the https://www.thepulseboutique.com/ website and its subdomains (collectively, the “Website” or “Site”), our mobile application (“App”), and all portals, products, goods, services, events, and interactive features, or other services controlled by us that post a link to these Terms (collectively, the “Services”). By using the Site, App or Services, you agree to these Terms. These Terms form a contract between you and The Pulse Boutique, and if you are using the Site or Services on behalf of an entity or individual, you represent and warrant that you have the authority to bind that entity or individual and such entity or individual will also be considered a party to these Terms. 

All references to “you” or “your” in these Terms mean the person that registers for, accesses, or uses the Site, App, or the Services. Our Services are not intended for those under the age of 18 – if you access our Services, you represent and warrant that you are at least 18 years of age. 

From time to time, The Pulse Boutique may decide to modify, add, or delete portions of these Terms and will post those changes here. If The Pulse Boutique does so, your continued use of the Site, App or the Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Site or App. In addition, The Pulse Boutique reserves the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying or removing features and functionality of the Services, or updating how our Services are provided.

  1. Privacy Policy

Our Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms. By using the Site, App and our Services, you indicate that you understand and consent to the collection, use, and disclosure of your information as described in our Privacy Policy. Our Privacy Policy may provide additional options to opt out of the sharing of this information depending on the jurisdiction in which you reside.

  1. Additional Terms and Conditions 

In connection with your use of the Site, App and Services, you may occasionally be asked to consent to policies or terms and conditions in addition to these Terms. For instance, certain features, purchases, promotions, and services offered through the Site or App may be subject to additional terms and conditions, including but not limited to our Return Policy, Shipping Policy, mobile messaging and SMS terms, any applicable promotional, loyalty, or rewards program terms, or our Brand Ambassador program. These supplemental terms are incorporated into these Terms by reference to the extent applicable. Please read any supplemental policies and terms carefully before making any use of such portions of the Site, App or Services. Any supplemental terms will not vary or replace these Terms regarding any use of our Site, App or Services unless otherwise expressly stated. In the event of a conflict between these Terms and any Supplemental Terms, the more specific Supplemental Terms will govern the applicable product, transaction, or program, except as otherwise expressly provided or required by law. 

  1. Consent to Electronic Communications

By using the Site, App and our Services, you agree that we may communicate with you electronically regarding your use of the Site or Services and that any notices, agreements, disclosures or other communications that The Pulse Boutique sends to you electronically will satisfy any legal communication requirements including any requirement that the communications be in writing. To withdraw your consent from receiving electronic notices, please notify us at support@thepulseboutique.com.

  1. Mobile Messaging and SMS Terms

By providing your mobile phone number and opting in to receive text or SMS messages from The Pulse Boutique, you expressly consent to receive recurring automated promotional and personalized marketing and informational text messages from us at the number you provided. Messages may be sent using an automatic telephone dialing system (“autodialer”), automated technology, or prerecorded/artificial voice. Your consent to receive text messages is not required as a condition of purchasing any goods or Services. You must be 18 or older to enroll. 

Messages may include (but are not limited to): promotional offers, product updates, account or service alerts, appointment reminders, support notifications, and other information related to The Pulse Boutique. Message frequency may vary. You may receive multiple messages per month depending on your interactions with us. Message and data rates may apply based on your mobile carrier’s plan. Carriers are not liable for delayed or undelivered messages. You must provide your own mobile number and promptly notify us if the number is reassigned or disconnected. Your consent is voluntary, and you may withdraw it at any time. 

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). This list may change from time to time, please check with your carrier if you do not receive our messages. 

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our short code you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that The Pulse Boutique and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from The Pulse Boutique through any other programs you have joined until you separately unsubscribe from those programs.

If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email support@attentivemobile.com.

Your participation in the SMS program is subject to our Privacy Policy, which explains how we collect, use, and share information, including your mobile number. By opting in, you acknowledge the transfer of information through networks that may not be fully secure and the involvement of wireless carriers, vendors, and service providers who assist with message delivery. 

We may update or modify these SMS Terms from time to time. Any changes will be effective upon posting to our website. Your continued enrollment after changes are posted constitutes acceptance of the updated Terms.

  1. Third Party Websites

The Site or App may contain links to third party websites that take you outside of The Pulse Boutique websites and the Services (“Linked Sites”), including, without limitation, social media platforms, payment processors, customer support portals, shipping and delivery partners, third-party integrations or plug-ins, returns management platforms, affiliate and promotional partners, and other third-party websites or services. We do not control, endorse, sponsor, recommend or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those policies.

Your correspondence or business dealings with, or participation in promotions offered by, independent advertisers or third parties found on or throughout the Linked Sites, including without limitation with respect to the purchases, payment and delivery of products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on us, except where The Pulse Boutique is itself the seller or otherwise a party to the transaction. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Site or App, and you agree to indemnify us from and against any claims incurred as the result of any such dealings. Nothing in this Section limits The Pulse Boutique's obligations concerning products purchased directly from us through the Site.

  1. Prohibited Conduct

You may not access or use, or attempt to access or use, the Site, App or the Services to take any action that could harm us or any third party, interfere with the operation of the Site, App or the Services, or in a manner that violates any law(s). For example, and without limitation, you may not:

  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;

  • Engage in unauthorized spidering, scraping or harvesting of content or personal information, or use any other unauthorized automated means to compile information;

  • Use any manual or automated process to extract, aggregate, or reproduce content from the Site for commercial purposes, competitive analysis, training of artificial intelligence or machine learning models, or any other purpose not expressly authorized by The Pulse Boutique; 

  • Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site, App or the Services;

  • Collect or store personal data about other users of the Site, App or the Services or solicit personal information from any individual without proper rights or the consent of the individual;

  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, App or the Services or any activity conducted on the Site, App or the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;

  • Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Site or App. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;

  • Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;

  • Upload or otherwise transmit any communication, software or material that contains a virus or is otherwise harmful to The Pulse Boutique’s or its users’ computers or systems;

  • Send or cause to be sent any communication (including email) to other users without their consent (e.g., “mailbombs” or “spamming”);

  • Violate, or encourage any conduct that would violate, any applicable law or regulation; 

  • Engage in fraud or misuse of the Services;

  • Cause damage, embarrassment or adverse publicity to The Pulse Boutique; or

  • Engage in any other conduct that restricts or inhibits any person from using or enjoying the Site, App or the Services or that, in our sole judgment, exposes us or any of our users, affiliates or any other third party to any liability, damages or detriment of any type.

Violating the security of the Site, App or the Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected. 

  1. Accuracy of Content and Invitation to Offer 

The Pulse Boutique has taken care in the preparation of the content of the Site and App, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. Packaging may vary from that shown. The weights, sizes, and dimensions given are approximate only. We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery. To the extent permitted by applicable law, The Pulse Boutique disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Site. The Pulse Boutique shall not be liable to any person for any loss or damage which may arise from the use of any of the information or products contained in any of the materials on the Site.

All products/services and information displayed on the Site constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the Terms as listed herein. The Pulse Boutique reserves the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon shipping of the product(s) ordered. Shipping of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been shipped will be deemed to have been accepted by The Pulse Boutique and the balance would continue to be on offer to The Pulse Boutique and The Pulse Boutique reserves the right to accept or reject such balance order. No act or omission of The Pulse Boutique prior to the actual shipping of the product(s) ordered will constitute acceptance of your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm shipping and therefore acceptance of the order.

  1. Requests for Information / Use of Site  

To sign up for our mailing list or to request information, you may be required to provide certain information, including your name, title, institution or organization, address, email address, country, and phone number. Any information you submit is subject to our Privacy Policy. 

You agree to provide information that is accurate, current, and complete at the time of submission.  You may use the Site and any information provided to you through the Site solely for lawful purposes. You may not use the Site or our Services to engage in fraudulent, deceptive, or unlawful conduct, or in any manner that could give rise to civil and criminal liability.

  1. Placing Orders for Products

By placing an order for products through the Site, you warrant that you are legally capable of entering into binding contracts. Our products and Services may not be available in all areas.

Your Information

If you wish to place an order for goods available on the Site, you may be asked to supply certain information relevant to your ordering, including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.  

You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply us is true, correct and complete.  

By submitting such information, you authorize The Pulse Boutique and its third-party payment processors to use and process the information as necessary to facilitate and complete your order. Payments are processed through authorized third-party payment service providers, and the handling of payment information is subject to their applicable terms and privacy practices, as well as our Privacy Policy. We may also use third-party providers to assist with order fulfillment, shipping, delivery and returns. Where you interact directly with these providers through their websites or services, their respective terms and privacy policies may apply. We handle any transfer of your personal information in accordance with our Privacy Policy.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products. The products available on our Site, in our App and in our online stores may occasionally be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our products on the Site or App in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

All products, including specific sizes, colors, styles, and quantities, are subject to availability. Placing an item in your shopping cart does not reserve the item or guarantee its availability. We reserve the right to discontinue products or limit quantities, subject to applicable law.

Pricing Policy

The Pulse Boutique reserves the right to revise its prices at any time prior to accepting an order.

All prices displayed on the Site are in United States dollars (USD), unless otherwise expressly indicated. Prices are subject to change without notice prior to order acceptance. If we discover a pricing error affecting your order, we will notify you and provide an option to proceed at the corrected price or cancel the affected order. Applicable taxes, shipping charges, and other fees will be disclosed during checkout, where required by law. For international orders, customers may be responsible for applicable customs duties, import taxes, currency conversion charges, and other fees imposed by third parties, as further described in our Shipping Policy. 

Payments

All goods purchased are subject to a one-time payment. Payments are processed through authorized third-party payment processors and payment services, which may include Shopify Pay, PayPal, Amazon Pay, Apple Pay, Google Pay, and major credit or debit card networks. Available payment methods will be displayed at checkout. Each payment provider's services are subject to its applicable terms and privacy practices. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your order.

Order Cancellation

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:

  • Unavailability of Goods

  • Errors in the description or prices for Goods

  • Errors in your order, including incorrect address or payment information

We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. If we cancel an order after payment has been authorized or collected, we will release the applicable authorization or issue a refund for the canceled portion of the order to the original payment method, as appropriate. Refund processing times may vary depending on the applicable payment provider.

Your Order Cancellation Rights

Once an order has been placed through the Site, it generally cannot be modified or canceled. Customers are responsible for reviewing all order details, including product selections, sizes, quantities, billing and shipping addresses, and payment information, before completing their purchase.

Following delivery, eligible merchandise may be returned for a refund or store credit in accordance with our Return Policy, which is incorporated into these Terms by reference. Certain merchandise, including final-sale items, gift cards, and other excluded products, may not qualify for a return or refund.

Nothing in this Section limits any cancellation, refund, or other consumer rights that cannot be waived under applicable law.

Shipping and Delivery

All orders are subject to our Shipping Policy, which is incorporated into these Terms by reference. Our Shipping Policy describes available shipping destinations, shipping methods, estimated processing and delivery times, applicable shipping charges, and other shipping-related conditions.

We currently offer shipping within the United States and to Canada, subject to availability and the restrictions described in our Shipping Policy. Shipping and delivery estimates are provided for informational purposes and are not guaranteed.

Customers are responsible for providing accurate and complete shipping information. Additional charges may apply if an order must be reshipped because of an incorrect or incomplete address.

International customers may be responsible for applicable customs duties, import taxes, and other charges imposed by governmental authorities or third parties. Such charges are not included in the purchase price unless expressly indicated otherwise.

We are not responsible for delays attributable to customs processing, shipping carriers, or other circumstances beyond our reasonable control, except to the extent otherwise required by applicable law. Nothing in this Section limits any non-waivable rights or remedies available to consumers under applicable law.

  1. Shopping Rules and Provisions

The Pulse Boutique reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household, account or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and to orders that use the same billing and/or shipping address. We may refuse or cancel orders due to product availability, suspected fraud, unauthorized resale, violations of these Terms, or other legitimate business reasons, subject to applicable law.  We will provide notification to the customer should such limits be applied. The Pulse Boutique also reserves the right, at our sole discretion, to prohibit sales to anyone as it may deem fit.

The Pulse Boutique hereby disclaims any guarantees of exactness as to the texture, finish, exact color, and appearance of the final Product as ordered by the user.

Price Adjustments

From time to time, The Pulse Boutique may offer sales, promotions, or discounted pricing on certain merchandise. Eligible purchases may qualify for a price adjustment, subject to the following conditions:

  • The original purchase must qualify for the applicable sale or promotion, including any minimum purchase requirements or other eligibility restrictions.

  • Discount codes, promotional offers, and other discounts may not be combined unless expressly permitted by the applicable promotion.

  • Merchandise that was sold out before the sale or promotion began is not eligible for a price adjustment.

  • Requests for price adjustments must be submitted within seven (7) business days after the applicable sale or promotion begins.

  • Orders placed on the same day a sale or promotion begins may qualify for a refund of the applicable price difference.

  • Orders placed no more than two (2) days before a sale or promotion begins may qualify for store credit equal to the applicable price difference.

All price adjustments are subject to verification of eligibility and the applicable promotional terms. To request a price adjustment, please contact us at support@thepulseboutique.com.

Merchandise purchased during promotional events or at discounted prices may be subject to additional restrictions, including final-sale designations and return exclusions, as described in our Return Policy.

  1. Returns, Refunds and Store Credit

All purchases made through the Site are subject to The Pulse Boutique's Return Policy, which is incorporated into these Terms by reference. The Return Policy governs eligibility for returns, refunds, and store credit, including applicable deadlines, merchandise condition requirements, excluded merchandise, return shipping procedures, and any applicable fees.

Eligible merchandise may be returned for a refund to the original payment method or for store credit within the applicable time periods specified in our Return Policy. Merchandise must meet all applicable return requirements, including that items remain unworn, unwashed, unaltered, and in their required original condition with applicable tags attached.

Certain merchandise, including final-sale items, gift cards, and other excluded products identified in our Return Policy, may not be eligible for return or refund. We do not offer exchanges.

Customers who believe they have received defective merchandise should promptly contact us at support@thepulseboutique.com in accordance with the procedures and timeframes specified in our Return Policy.

Original shipping charges, shipping protection fees, return shipping costs, and applicable restocking or handling fees may be nonrefundable or deducted from the amount refunded or credited, as further described in our Return Policy and to the extent permitted by applicable law.

Refunds and store credits will be processed in accordance with our Return Policy. Refunds issued to the original payment method may be subject to additional processing times imposed by the applicable financial institution or payment provider.

Nothing in these Terms or our Return Policy limits or excludes any rights or remedies available to consumers under applicable law.

  1. Account Creation and Use 

To access and use portions of the Site, App or Services, including order history, loyalty or rewards program benefits, and other account-related features, we may require you to register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account. We therefore urge you not to share your Account credentials with anyone, and you agree to notify us immediately of any unauthorized access to or use of your Account. You agree to notify us promptly at support@thepulseboutique.com if you become aware of or suspect any unauthorized access to or use of your Account.

By creating an Account, you represent that you are using your account for a lawful purpose – you may not use your Account or the Site or Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability. All materials uploaded are subject to applicable federal, state, and international laws.

We may, in our sole discretion, to suspend, restrict or terminate your Account, password, (or any part thereof) or use of the Site, App or Services, with or without prior notice, if you violate any of the terms of this Agreement. The Pulse Boutique will not be liable to you or any third party for any termination of your access to the Site for cause. If your status as a user of this Site is terminated, you will (i) stop using the Site or App and any information obtained from the Site or App, and (ii) destroy all copies of your account information, password and any information obtained from this Site. Suspension or termination of an Account will not affect any rights or obligations arising from purchases made before termination, including applicable payment obligations, returns, refunds, or other rights and remedies under our policies and applicable law. 

You may contact us at support@thepulseboutique.com to request assistance with your Account, including available account closure options. Requests to exercise applicable privacy rights concerning personal information will be handled in accordance with our Privacy Policy.

  1. Pulse Perks Reward Program

We offer a customer loyalty and rewards program called the ”Pulse Perks” (“Rewards Program”), through which eligible customers may earn points and receive certain benefits, including discounts, promotional offers, gifts, and other rewards. Customers who create an Account may be automatically enrolled in the Rewards Program, subject to the applicable enrollment terms and requirements.

Participation in the Rewards Program is governed by the Pulse Perks Program and FAQ, which describes applicable membership tiers, methods of earning and redeeming points, eligibility requirements, and other program conditions. Points earned through qualifying purchases may be subject to verification and may be deducted or canceled if the corresponding purchase is returned, refunded, or canceled. Rewards and benefits are subject to availability and any applicable restrictions.

Participation in our Pulse Perks Program is voluntary and requires your prior opt in consent with the creation of an account, which you may revoke at any time. Members may request to withdraw from the program by contacting us at support@thepulseboutique.com. Upon withdrawal, any accumulated points may be forfeited in accordance with the applicable program terms. The Pulse Boutique reserves the right to modify or discontinue the Rewards Program, including its benefits, eligibility requirements, and earning or redemption rules, subject to applicable law and any required notice.

Personal information collected or processed in connection with the Rewards Program will be handled in accordance with our Privacy Policy. Where required by applicable law, additional notices or consents relating to financial incentives or the collection and use of personal information will be provided.

  1. Sweepstakes, Promotions, Surveys, Giveaways, and Offers

From time to time, we may offer sweepstakes, contests, giveaways, promotional discounts, referral incentives, surveys and/or offers to you. Participation in these activities is voluntary and may be subject to additional terms and conditions, including official rules, eligibility requirements, geographic restrictions, entry deadlines, promotional periods, and other applicable limitations. Where required by law, we will provide applicable official rules, including any necessary no-purchase-necessary provisions. Any supplemental terms or official rules governing a particular promotion are incorporated into these Terms by reference to the extent applicable.

We may collect and use Personal Information in connection with your voluntary participation in these activities, including to administer promotions, verify eligibility, contact participants, and distribute rewards or prizes, as described in our Privacy Policy and any applicable promotion-specific privacy disclosures.

  1. Submitted Materials

Unless specifically requested, The Pulse Boutique does not wish to receive any confidential, proprietary, or trade secret information from you via the Site or App (including via contact email, product reviews, or forms made available on the Site or App). You remain fully responsible for the materials or submissions that you provide to us, including, without limitation, any information, requests, creative works, pictures, photographs, idea submissions, suggestions, business plans, concepts, methods, systems, designs, plans, techniques, or demos in any media including photographs, graphics, audiovisual media or other material submitted, posted, uploaded, sent or otherwise transmitted to us through this Site or App or via our social media (“Submitted Material”). Accordingly, if you send us any Submitted Material, you grant The Pulse Boutique a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send The Pulse Boutique any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send The Pulse Boutique any Submitted Material, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize The Pulse Boutique to use Submitted Material as permitted by the license in this Section.

Unless otherwise expressly agreed in writing, you will not be entitled to compensation for our use of Submitted Material, except for any rewards or incentives expressly offered under an applicable promotional or loyalty program.

We may pull content from our users who share photos and videos on social media via direct message or by using our brand hashtags or tagging our social media accounts (collectively, “User Content”). You acknowledge and agree that the Photos may be used in our social media, emails/SMS and on the Site, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the User Content for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services. You represent and warrant that the posting and use of your User Content, including to the extent such User Content includes your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.

We may offer rewards, loyalty points, or other incentives for submitting product reviews or related content, as described in our Rewards Program or applicable promotional terms. Such incentives are not conditioned on providing a positive review or particular rating. Where required by applicable law, reviews submitted in exchange for rewards or incentives must include appropriate disclosures regarding the incentive received. 

In addition to the rights applicable to any Submitted Material and User Content, when you post comments or reviews to the Site or via mentions in social media or third-party websites, you also grant us the right to use the name, username, or profile that you submit with any review, comment, or other content, in connection with such review, comment or other content. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material or User Content, including reviews, comments or other content. We may, but shall not be obligated to, remove or edit any Submitted Material or User Content (including comments or reviews) for any reason.

You agree not to provide Submitted Material or User Content that:

  • Infringes on the copyright, trademark, patent or other intellectual property right of any third party;

  • Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;

  • Violates a third party’s right to privacy or publicity;

  • Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability or other classification;

  • Contains epithets or other language or material intended to intimidate or incite violence;

  • Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;

  • Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity;

  • Contains false or misleading product reviews, fabricated endorsements, or representations of experiences with products or Services that you have not actually used or experienced; or

  • Violates any applicable local, state, national or international law, or advocates illegal activity.

Since The Pulse Boutique does not control the Submitted Material or User Content, we do not guarantee the truthfulness, integrity, suitability, or quality of the Submitted Material or User Content, and we do not endorse such Submitted Material or User Content. We are not obligated to use your Submitted Material or User Content and may delete, modify, reuse, move or remove any Submitted Material or User Content at any time. We do not guarantee any confidentiality with respect to any Submitted Material or User Content. Under no circumstances will The Pulse Boutique be liable in any way for Submitted Material or User Content made available through the Site, App or social media by you or any third party. 

Nothing in this Section is intended to prohibit or restrict honest consumer reviews or other communications protected under applicable law, including the Consumer Review Fairness Act.

  1. Intellectual Property

This Site contains content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights under the intellectual property laws of the United States and other countries (“Content”), and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or otherwise indicated on the Site or App, The Pulse Boutique or its third-party licensors own all Content on this Site or App including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such Content. All trademarks displayed on our Site or App are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, any use of trademarks or links to the websites of third parties is not intended to imply that those third parties endorse or have any affiliation with The Pulse Boutique. 

Your use of this Site shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provide that you maintain any notices contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may provide a link to the top page of the Site or App unless and until The Pulse Boutique gives you notice that you must discontinue linking to the Site or App. You may not publish, reproduce, distribute, display, perform, modify, transmit, participate in the sale of or transfer or, or create derivative works based on any Content, including the Company name and logo, in whole or in part, without our prior written consent. You may not store electronically any significant portion of any Content from the Site or App. The use of Content from the Site or App on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without The Pulse Boutique’s prior written approval. 

For permission to use Content from the Site or App or from marketing material authored and distributed by The Pulse Boutique, you must request written permission in advance and provide full attribution. Permission should be requested by contacting support@thepulseboutique.com..

  1. Claims of Infringement

The Pulse Boutique respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, The Pulse Boutique will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. The Pulse Boutique will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

  • Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.

  • Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.

  • Provide your mailing address, telephone number and, if available, email address.

  • Include both of the following statements in the body of the Notice:

  • “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”

  • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  • Provide your full legal name and your electronic or physical signature.

  • Deliver this Notice, with all items completed, to Company Designated Copyright Agent:

Copyright Agent
The Pulse Boutique LLC
1503 N 13th Ave E 

Newton, Iowa 50208

While The Pulse Boutique considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

  1. Indemnification

You agree to defend, indemnify, and hold harmless The Pulse Boutique, its affiliates, related entities, divisions, subsidiaries, or parent companies, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Site, App or Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable), use of the Site or App, or any other use of the Site, App or the Services using your computer, mobile device, or account credentials.

  1. Disclaimers

YOUR USE OF THE SITE OR APP IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE SITE OR APP OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THE SITE OR APP, ALL OF WHICH ARE PROVIDED “AS IS.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY (1) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OR ANY RIGHT OF PRIVACY; (3) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, APP OR THE SERVICES; (4) WARRANTIES RELATING TO THE COMPLETENESS, ACCURACY, RELIABILITY, CORRECTNESS OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE OR OTHERWISE BY US; (5) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY; AND (6) WARRANTIES OF TITLE. FURTHER, THE PULSE BOUTIQUE DOES NOT WARRANT THAT THE SITE, APP OR THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT (1) THE SITE, APP, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED; (2) THE SITE, APP OR ANY EMAIL WE SEND YOU, OR THE SERVER THAT MAKES THE SITE, APP OR EMAILS AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR DEVICE OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR APP OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE OR APP. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  1. Limitation of Liabilities

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL THE PULSE BOUTIQUE (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR APP) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OR INABILITY TO USE THE SITE, APP OR SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF THE PULSE BOUTIQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE PULSE BOUTIQUE’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE PULSE BOUTIQUE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PULSE BOUTIQUE DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISFIED WITH THE SITE OR APP, YOUR SOLE REMEDY IS TO STOP USING THE SITE OR APP. 

  1. Release

To the fullest extent permitted by applicable law, if you have a dispute with one or more users of the Site or the Services, including disputes between an account holder and its administrators or authorized users, you release The Pulse Boutique (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. This release does not apply to claims arising from The Pulse Boutique’s gross negligence, willful misconduct, or fraud, or to any claim that cannot be released under applicable law.

You acknowledge that you may later discover facts in addition to or different from those you now know or believe to be true regarding the matters released, and you agree that this release applies regardless. If you are a California resident, you expressly waive all rights under Section 1542 of the California Civil Code. That section provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.  You also waive any rights under any comparable statute or common law principle of any other jurisdiction. 

  1. Statute of Limitations

ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, APP OR SERVICES MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

  1. Termination

The Pulse Boutique reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Site, App, Content or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms by discontinuing your use of the Services and access to the Site or App or by notifying us in writing if you have an Account with us (subject to the terms of your agreement). The Pulse Boutique also reserves the right, in its sole discretion, to cease providing the Site, App or Services at any time.

  1. Severability

If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in full force and effect. 

  1. Applicable Law; Jurisdiction/Venue

These Terms will be governed by the Federal Arbitration Act, applicable federal laws and the laws of the State of Iowa, as applicable, without regard to any conflict of laws principles. By using the Site or App, you waive any claims that may arise under the laws of other countries or territories. 

  1. Dispute Resolution; Class Action and Jury Trial Waiver

ARBITRATION NOTICE: These Terms require binding individual arbitration of certain disputes, including privacy-related claims arising from your access to or use of this Site, and waive the right to participate in class actions or jury trials.

With respect to any and all disputes arising out of or in connection with the Site, Services, or these Terms (including, without limitation, claims arising from or relating to website tracking technologies, analytics tools, pixels, session replay, cookies, communications, or data collection practices), The Pulse Boutique and you agree to first negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. You must provide a written demand and identify the dispute and the resolution you are seeking. If you and The Pulse Boutique do not resolve any dispute by informal negotiation within 60 days of your written notice, then either of the parties may, by notice to the other, demand  mediation under the supervision of American Arbitration Association Mediation Procedures (“AAA”) in Jasper County, Iowa or the closest county/state in which an AAA arbitrator is available. Participation in mediation is a condition precedent to arbitration; however, failure to complete mediation shall not waive either party’s right to arbitrate.

If settlement is not reached within 90 days after service of a written demand for mediation (which time can be extended with the agreement of both parties in writing), any unresolved controversy or claim will be resolved by initiating binding arbitration in accordance with the rules of AAA before a single arbitrator in Jasper County, Iowa or the closest county/state in which an AAA arbitrator is available. The selection of the arbitrator shall follow AAA’s standard neutral-selection process. The arbitration may be conducted in person or remotely. The seat of arbitration shall be in Jasper County, Iowa, regardless of whether the hearing is conducted remotely. 

The expenses of the arbitration will be allocated in accordance with the AAA Consumer Arbitration Rules, Forms & Fee Schedule, which states that when you initiate arbitration against The Pulse Boutique as a consumer, the only fee you will be required to pay is $225 (or AAA’s then-current equivalent). The Pulse Boutique will bear all other costs of the consumer arbitration, including the remainder of the AAA Filing Fee, the Case Management Fee, and all professional fees for the arbitrator’s services. When The Pulse Boutique initiates arbitration against you as a consumer, The Pulse Boutique will pay all costs associated with the arbitration. This paragraph does not limit the separate fee allocation applicable to a “Mass Arbitration” under the AAA applicable Mass Arbitration Fee Schedule described below. 

Non-Consumer Disputes. The cost allocation described above applies only where you qualify as a "consumer" as defined in the AAA Consumer Arbitration Rules and Mediation Procedures Pursuant to Pre-Dispute Clauses, Minimum Standards of Procedural Fairness. If you access or use the Site or Services in a business, commercial, or professional capacity and do not qualify as a consumer under that definition, the expenses of arbitration will instead be governed by AAA's Commercial Arbitration Rules and Procedures, including its standard Filing Fee, Case Management Fee, and Arbitrator compensation, and will be allocated equally between the parties unless the arbitrator determines a different allocation is warranted, including as an element of relief to the prevailing party.

Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, conducted expeditiously. The arbitrator may permit additional discovery, including depositions or interrogatories, upon a showing of need. Both you and The Pulse Boutique understand that you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. The arbitrator’s award shall be in writing and include a statement of the disposition of each claim, together with a concise written statement of the essential findings and conclusions on which the award is based. Judgment on the arbitrator’s award may be entered, and the award may be enforced, in any state or federal court located in Jasper County, Iowa having jurisdiction. 

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor The Pulse Boutique will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. If the class action waiver is found to be unenforceable as to a particular claim, then that claim shall be severed and proceed in court, and the remaining claims shall be arbitrated on an individual basis.

Small Claims Court.  Notwithstanding anything to the contrary in this Section, either you or The Pulse Boutique may bring an individual claim in small claims court (or its equivalent) in lieu of arbitration, provided that the claim is within that court’s jurisdictional limits and is brought and maintained on an individual basis only.  A claim filed in small claims court is not subject to the mediation requirement set forth above, but you must first attempt informal negotiation prior to filing your claim as described above. You may proceed to file in small claims court once 60 days have elapsed since your written notice, whether or not that negotiation has concluded. If a claim initially filed in small claims court is transferred, appealed, or otherwise removed to a court of general jurisdiction, or exceeds that court’s jurisdictional limits, either party may elect to require that the claim proceed in arbitration under this section.  

Administrative Coordination of Related Individual Arbitrations.  Notwithstanding the class-action waiver above, if multiple individual arbitration demands are filed that involve materially similar or overlapping facts or legal issues and are submitted by the same counsel or coordinated counsel, or are filed by individual claimants who are not represented by counsel but whose demands share common drafting, factual allegations, or supporting exhibits indicating coordinated origin (collectively, “Coordinated Demands”), either party may request that AAA or the arbitrator implement administrative coordination procedures to promote efficiency. Such procedures may include: (1) assignment of related matters to the same arbitrator; (2) coordinated or consolidated scheduling, discovery, or motion practice; (3) joint resolution of common issues of law or fact; and (4) any other procedures permitted under California law and the AAA Rules that reduce duplication while preserving the individual nature of each claim.

Bellwether Process.  If ten (10) or more Coordinated Demands are filed, the arbitrator may direct that a reasonable number of individual cases proceed first as bellwether matters, with the remaining cases stayed pending those outcomes and any associated filing or administrative fees deferred until the stay is lifted.

Application of AAA “Mass Arbitration” Procedures.  The parties agree that AAA Mass Arbitration Supplementary Rules and the accompanying Mass Arbitration and Mediation Fee Schedule (each as they may be amended by AAA from time to time) shall govern the fee allocation and administration of any “Mass Arbitration” as defined therein; provided, however, that for purposes of this Agreement, a “Mass Arbitration” shall be deemed to exist upon the filing of ten (10) or more Coordinated Demands. For the avoidance of doubt, the consumer-specific fee cap described above applies only to Mass Arbitration demands filed by claimants who qualify as consumers under the AAA Consumer Arbitration Rules and Mediation Procedures; the allocation of the flat filing fee among any non-consumer claimants in a Mass Arbitration shall be determined by the Process Administrator consistent with AAA’s Mass Arbitration and Mediation Fee Schedule. 

These procedures are solely for administrative efficiency and do not authorize class, collective, representative, or aggregated proceedings; each claim must remain an individual arbitration.

No arbitration may be conducted as a class, collective, representative, or aggregated proceeding, and no arbitration will be combined with another for purposes of adjudicating the merits of multiple claims together without the prior written consent of all parties. For clarity, this does not restrict the administrative coordination procedures described above. 

To the extent permitted by law, any claim or dispute under this agreement that is not governed by a statutory limitations period must be filed within one (1) year of when the claim or notice of dispute first could be filed, or it will be permanently barred.  For any claim arising under a federal, state, or local statute that provides its own limitations period, that statute’s limitation period shall govern in lieu of the one-year period in this paragraph. The limitation period shall be tolled during any required informal negotiation or mediation process. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect. 

You agree that The Pulse Boutique is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision, and you and The Pulse Boutique understand that you are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Any disputes that are not handled by arbitration shall be filed only in the state and federal courts located in Jasper County, Iowa, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

  1. General

You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. The Pulse Boutique may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms. Nothing in this Agreement constitutes a partnership or joint venture between you and The Pulse Boutique. The Pulse Boutique does not guarantee continuous, uninterrupted or secure access to this Site, App or the Services, and operation of the Site or App may be interfered with by numerous factors outside of its control. The Pulse Boutique’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. 

These Terms set forth the entire understanding and agreement between you and The Pulse Boutique with respect to the subject matter hereof. The following sections survive any termination or expiration of this Agreement: Additional Terms and Conditions, Mobile Messaging and SMS Terms, Prohibited Conduct; Accuracy of Content and Invitation to Offer; Placing Orders for Products; Shopping Rules and Provisions, Returns, Refunds and Store Credit; Account Creation and Use; Submitted Materials; Intellectual Property; Claims of Infringement; Indemnification; Disclaimers; Limitation of Liabilities; Release; Statute of Limitations; Severability; Applicable Law; Jurisdiction; Dispute Resolution; Class Action and Jury Trial Waiver; and General. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive.

  1. ADA Compliance Comments and Suggestions

We are committed to making the website’s content accessible for all.  If you are having difficulty accessing, viewing, and/or navigating the content on the website, or if you notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please contact us using the information in the Contact Us section below with “Website Access” in the subject line and provide a description of the feature you feel is not fully accessible or give us a suggestion for improvement. We take all such feedback seriously and will consider it as we evaluate ways to accommodate all our customers.

  1. Electronic Commercial Service Disclosure 

Under California Civil Code Section 1789.3, California users of The Pulse Boutique services are entitled to the following specific consumer rights notice: 

The name, address, and telephone number of the provider of the service is listed below in our Contact Us section.  We do not charge you for the use of our website.  If you have a question or complaint regarding our Services, please contact us directly using the information below.   

If we fail to resolve your complaint, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA  95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  1. Contact Us

If you have questions about these Terms or the Services, you may contact us as follows:

The Pulse Boutique LLC
1503 N 13th Ave E 

Newton, Iowa 50208

Email: support@thepulseboutique.com