HITECH SYSTEMS, INC. TERMS OF SERVICE, LEGAL NOTICE & DISCLAIMER
Please read the following Terms of Service, Legal Notice and Disclaimer carefully.
Restricted Areas and Downloadable PULSIAM Software
Access to some areas of the Site (the “Restricted Areas”), including, without limitation, MyHitech and all other areas on the Site that provide You with installation, implementation, support and maintenance services, and all areas that permit You to download software updates, new releases, new versions, improvements, modifications, customizations, and enhancements made by PULSIAM or any other User to PULSIAM’s software products (collectively, the “PULSIAM Software”), is open only to Users who have entered into (i) PULSIAM’s Standard Non-Exclusive Software License, Implementation and Maintenance Agreement, or (ii) any other license, implementation, and maintenance agreements with PULSIAM (any and all agreements in (i) and (ii) above, collectively referred to hereinafter as the “License”), and who, at the time of access to the Restricted Areas, are up-to-date on any payments due under the License.
The Restricted Areas are subject to registration and other requirements. If You do not agree to be bound by the terms of the License, You are not permitted to download any PULSIAM Software from, or in any other way use, this Site. Except as set forth in the License, any copying, reproduction. or redistribution of the PULSIAM Software is expressly prohibited. Except as expressly provided in the License, nothing contained herein shall be deemed as conferring any right or license (express, implied or otherwise) upon You or any other User under any of PULSIAM’s or any other third party provider’s intellectual property rights.
The PULSIAM Software and all other technical information provided on this Site are subject to all applicable restrictions concerning the export of products or technical data from the United States. By downloading PULSIAM Software from this Site, You agree that at no time will You export, directly or indirectly, any United States technical data acquired from PULSIAM or any direct products of that technical data to any foreign country that is subject to a United States export embargo, or for which the United States government or any agency thereof at the time of export requires an export license or other governmental approval, without first obtaining such license or approval.
You acknowledge and agree that in connection with Your use of the Site, You must: (i) provide for Your own access to the World Wide Web and pay any service fees associated with such access, and (ii) provide all equipment necessary for You to make such access and connection to the World Wide Web, including a computer, software, and a means of connecting to or accessing the Internet. PULSIAM shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from Your use of the Site.
This Site contains content, including but not limited to, that which is protected by trademarks, service marks, trade names, copyrights and other intellectual property owned by PULSIAM and others (“Site Content”). As between You and PULSIAM, PULSIAM is the sole owner of all right, title and interest in and to Site Content (including, without limitation, the PULSIAM Software). Except as otherwise set forth in the License or in these Terms of Service, Your use of the Site does not grant to You a license to any Site Content. You may not download, archive, or save a copy of the Site for any purpose, except You may download, print, or make copies of individual screens and documents appearing as part of the Site (excluding any PULSIAM Software) solely for Your own personal or business purposes, provided that any marks, logos or other legends that appear on such screens and documents remain on, and are not removed from the downloaded, printed or stored screens or documents. Except as expressly permitted in these Terms of Service and/or in the License, You may not modify, copy, publish, translate, display, transmit, distribute, transfer, frame, adapt, create derivative works from, or in any other way exploit Site Content. You may not, without the prior written consent of PULSIAM, allow access to or use of the Site, including without limitation, the Restricted Areas, or any portion thereof, by or for the benefit of any third parties including, without limitation, to providing timeshare services, servicing bureau services, outsourcing, or providing consulting services. Any commercial use of the Site is strictly prohibited, except as provided for in the License and these Terms of Service.
Peer Groups; User Content
PULSIAM may make available certain public and/or private forums such as bulletin boards, e-mail lists or chat rooms (collectively, “Peer Groups”) on the Site. Use of any Peer Group is subject to these Terms of Service and any other notice or policy applicable to a particular Peer Group or Peer Groups in general. Except as otherwise provided in the License, and specifically excluding any materials deemed PULSIAM Software under the License, any information, data, text, sound, graphics, video, messages and other content and materials that You post to the Site (including, without limitation, the Restricted Areas) via e-mail, uploading, posting, chat room, bulletin board or otherwise, or that You otherwise supply to PULSIAM, shall be referred to herein as “User Content.” Users should be aware that when they voluntarily disclose personal information (e.g., User name, e-mail address, phone number, description of technical problems, questions, answers regarding technical problems, solutions to technical problems, including, without limitation, those sent or posted to the Restricted Areas), on or through Peer Groups or otherwise while communicating with the Site, that such information is generally accessible to and may be collected and used by others and may result in unsolicited messages from other people. To the extent Users of the Site are encouraged to exercise caution when providing personal information about themselves. You agree that You are solely responsible for the origination, accuracy, completeness, ownership, publication and dissemination of, and that You, and not PULSIAM, are entirely responsible for, Your User Content. By submitting or sending User Content to the Site or PULSIAM, You represent and warrant that such User Content is original to You, that no other party has any rights to such User Content and that such User Content does not violate, infringe or misappropriate any third party right or applicable law.
By submitting or sending User Content to PULSIAM or otherwise making User Content available for display on or through the Site, You hereby grant and agree to grant to PULSIAM a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in connection with the Site. You also warrant that any “moral rights” in the User Content have been waived.
PULSIAM does not solicit nor does it wish to receive any confidential, secret, or proprietary information or other material from You through the Site (including, without limitation, its Restricted Areas), any of its services, by e-mail, or in any other way, and any information or material submitted or sent to PULSIAM will be deemed not to be confidential or secret. You agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques, drawings, writings or other similar materials that You submit or otherwise communicate to the Site, may be used by PULSIAM and/or by other Users in any manner.
Except with respect to Use Content provided in the Restricted Areas, PULSIAM does not pre-screen, monitor, review or otherwise edit User Content posted, or otherwise made available, on or through the Site. However, PULSIAM (or a designee) reserves the right (but assumes no obligation) to, at its sole discretion, refuse, edit or remove any User Content, in whole or in part, that, in PULSIAM’s sole judgment, does not comply with these Terms of Service, is illegal, or is otherwise undesirable, inappropriate or inaccurate. PULSIAM is not responsible for any failure, non-failure, or delay in refusing, editing, or removing such User Content.
User Conduct and User Content
You may not upload, post, email or otherwise transmit any User Content on or through the Site that: (i) infringes any proprietary rights of any person; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, sexually graphic, invasive of another’s privacy, or hateful; (iii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age, or disability; (iv) contains unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters,” or any other form of solicitation; or (v) contains software viruses or any other computer code, files, or programs designed to or which may interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, or any other similarly destructive activity.
You further agree that You will not: (i) use the Site, or any part thereof, to “stalk” or harm any other User or any other person in any way; (ii) impersonate any person or entity, including but not limited to an officer, director, or representative of PULSIAM, or falsely state or otherwise misrepresent Your identity or affiliation with a person or entity; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Site; (iv) disrupt the normal flow of dialogue in a Peer Group; (v) interfere with or disrupt the Site, servers, or networks connected to the Site, or the use thereof, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; (vi) “hack,” infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Site; (vii) harvest, collect or store information about the Users of this Site, the User Content posted by others on this Site, or any other data or information on this Site, or use such information for any purpose inconsistent with the purpose of this Site; (viii) breach or attempt to breach the security of software, network, servers, data, computers, or other hardware relating to the Site or that of any third party that is hosting or interfacing with any part of the Site; (ix) create any frames at any other Sites containing or incorporating the Site or any Site Content; or (x) violate any applicable local, state, national, or international law or regulation.
You agree to maintain the strict confidentiality of any passwords issued to You for Your use or access to Restricted Areas of the Site, or any portion thereof, and You agree not to allow any other entity to use any username(s) and/or password(s) that are issued to You.
You may be able to link to third parties’ Sites (“Linked Sites”) from the Site, including, without limitation, web sites of other Users. Linked Sites are not necessarily reviewed, controlled, or examined by PULSIAM in any way, and PULSIAM is not responsible for the content, availability, advertising, products, or other materials of any such Linked Sites, or any additional links contained therein. Links do not imply PULSIAM’s endorsement of, or association with, the Linked Sites.
Disclaimer of Warranties
THIS SITE (INCLUDING THE RESTRICTED AREAS) IS PROVIDED “AS IS” AND “AS AVAILABLE,” (INCLUDING, WITHOUT LIMITATION, THE SUPPORT AREA AND OTHER RESTRICTED AREAS) WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, PULSIAM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE SITE AND THE CONTENT THEREON; AND (ii) ANY WARRANTIES OF TITLE, WARRANTIES OF NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PULSIAM DOES NOT WARRANT THAT THE PULSIAM SOFTWARE AVAILABLE FOR DOWNLOAD ON THIS SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PULSIAM SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. PULSIAM DOES NOT WARRANT THAT YOU WILL RECEIVE A RESPONSE TO YOUR SUPPORT AREA INQUIRIES WITHIN THE STANDARD TWO (2) HOUR TIME PERIOD. NO ORAL OR WRITTEN INFORMATION PROVIDED ON THIS SITE BY PULSIAM OR ANY OTHER USER SHALL BE DEEMED IN ANY WAY TO INCREASE THE SCOPE OF PULSIAM’S WARRANTY AS SET FORTH HEREIN.
Limitation of Liability
IN NO EVENT SHALL PULSIAM OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, AFFILIATES, SUCCESSORS, ASSIGNS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, THE INABILITY TO USE, OR RELIANCE ON THE SITE (INCLUDING WITHOUT LIMITATION, THE RESTRICTED AREAS AND THE SERVICES PROVIDED THEREIN) AND THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS, OR INFORMATION, EVEN IF PULSIAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE NATURE OF THE CLAIM OR FORM OF ACTION. TO THE EXTENT SUCH LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT RECOGNIZED, SUCH LIMITATION OR EXCLUSION WILL BE INTERPRETED TO APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. EXCEPT AS OTHERWISE PROVIDED IN THE LICENSE, IN NO EVENT SHALL PULSIAM BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT (INCLUDING, WITHOUT LIMITATION, THE PULSIAM SOFTWARE) POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER (INCLUDING, WITHOUT LIMITATION, A LICENSEE UNDER THE LICENSE OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF PULSIAM TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF SERVICE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT OF FEES, IF ANY, PAID BY YOU TO PULSIAM UNDER A LICENSE.
ANY USER OF THE DOWNLOADABLE PULSIAM SOFTWARE AVAILABLE AT THIS SITE IS RESPONSIBLE FOR THOROUGHLY TESTING THE PULSIAM SOFTWARE IN THE USER’S SYSTEM FOR THE PURPOSES TO WHICH SUCH USER INTENDS TO PUT THE PULSIAM SOFTWARE.
Access, Maintenance of Site
PULSIAM may, at any time, temporarily limit or suspend, in whole or in part, a User’s access to the Site (or any part thereof, including without limitation, the Restricted Areas) if such User is in breach, or if PULSIAM has reason to believe such User is in breach of these Terms of Service or the License. PULSIAM may change, add, or remove any of the services or features available on the Site (including, without limitation, the Restricted Areas), or may discontinue the Site as a whole, at any time. PULSIAM shall not be responsible for any outages, technical failures or defects in the Site (including, without limitation, the Restricted Areas).
You represent and warrant that Your use of the Site shall be in accordance with these Terms of Service, the License and all applicable laws, statutes, rules, regulations, ordinances and policies of all applicable worldwide jurisdictions.
By agreeing to use the Site, You agree to defend, indemnify, and hold PULSIAM, its affiliates, officers, directors, and employees harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from Your use of the Site, any violation of these Terms of Service by You, or any User Content You post on or through the Site.
We respect the intellectual property rights of others, and require that Users of the Site do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that You claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by You that You have a good faith belief that the disputed use is not authorized by You, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent: firstname.lastname@example.org
Changes to Terms of Service
PULSIAM MAY CHANGE THESE TERMS OF SERVICE FROM TIME TO TIME AND AT ANY TIME, AND WITHOUT ACTUAL NOTICE TO YOU. ALL SUCH CHANGES TO THESE TERMS OF SERVICE WILL APPEAR ON THIS PAGE OF THE SITE. WE ENCOURAGE YOU TO CHECK FOR CHANGES TO THESE TERMS OF SERVICE REGULARLY. BY USING THE SITE FOLLOWING ANY MODIFICATIONS TO THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY ANY SUCH MODIFICATIONS TO THESE TERMS OF SERVICE.
Choice of Law; Applicable Laws/Jurisdiction
These Terms of Service and the relationship between You and PULSIAM shall be governed and interpreted in accordance with the laws of the State of California, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of, and venue in, the federal and state courts in the State of California located in the County of Los Angeles. We control and operate this Site from our offices in the United States of America. Materials on the Site may not be appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws.
The failure of PULSIAM to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect.