Terms of Use

Effective Date [6/7/2012]

Welcome to www.connect.onpulse.com, operated by MASH LLC dba OnPulse (referred to herein as the "Site"). Throughout these terms of use, "MASH," “OnPulse,” "we," "us" and "our" refer to MASH LLC and any affiliates along with their directors, officers, employees, agents, and representatives, and “you” and “your” refer to you and all parties with which or with whom you are affiliated (refer to “Ability to Accept Terms, below). your use of this Site is subject to the following terms and conditions (“Terms”), which you affirmatively accept by using the Site. Please read these Terms carefully and ensure that you understand them before you use the Site.

We reserve the right to modify the contents of the Site at any time, including the features, availability, or operation of the Site, these Terms, and/or any policy or notice posted on the Site. You agree to monitor the Site for any changes and agree that your continued use of the Site following the posting of any changes signals your understanding of and agreement to such changes. EACH TIME YOU USE THE SITE, THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE.

  1. Ability to Accept Terms. Each time you use the Site, you signify your agreement, and the agreement of all persons you represent or with whom you are affiliated, without limitation or qualification, to be bound by these Terms, and you represent and warrant that you have the legal authority to agree to and accept these Terms on behalf of yourself and all persons and entities you represent or with whom you are affiliated, including any individual, partnership, corporation, limited liability company, professional association or any other entity of any or no legal status. It includes the situation where a legal entity purchases registrations for employees, contract physicians, or other agents and their authorized users. If you do not agree with each provision of these Terms, or you are not authorized to agree to and accept these Terms, you may not use the Site. You also affirm that you are over the age of legal majority, can form legally binding agreements under applicable law, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to qualify under, abide by, and comply with these Terms.
  2. Use of the Site.
    1. Access Rights. You may not access the Site or use any of its content unless you are a registered user with valid login credentials provided by ONPULSE. Your authorized status and the validity and veracity of any information you provide is subject to verification by ONPULSE at any time. Prior to the use of this Site, you must provide ONPULSE with all of the following: (i) your name; (ii) your age; (iii) your email address; and (iv) other confirmatory demographics. By submitting that information to ONPULSE, you hereby certify all assertions made under this Section and agree that you authorize ONPULSE to confirm the validity and veracity of such information.

      All individual users of the Site (including you and your employees, agents, or others acting on your behalf) must have their own unique access credentials to use the Site and certain features of it, and neither you nor such users may share those credentials with anyone for any purpose. Individual users must safeguard their access credentials and may not write down, display, store in email, or otherwise make available those credentials. You and each individual user with whom or which you are affiliated must immediately report to ONPULSE in writing any incident or occurrence that causes you or them to suspect access credentials, the Site, or any information made available through the Site has been compromised, disclosed, or adversely impacted in any way. You and all individual users that are issued access credentials on your behalf are deemed to have actual and apparent authority to act on your behalf, and you assume all risk of use of login credentials by such individual users and any unauthorized use of such login credentials, and you are responsible for any contract made through the use of the login credentials by any person or entity. Any failure to notify ONPULSE will undermine the security of the Site and information made available through it, and will render our security representations to you and other users invalid.

      ONPULSE reserves the right to terminate your user credentials for any reason, including any actual or perceived violation of these Terms.

    2. Site Content / Use of Information. You may use information available on this Site only if you are an authorized user with valid log-in credentials and only to participate in client care and related services. Any use of information obtained from this Site by you must be consistent with these purposes and in compliance with these Terms. You may not use ONPULSE for the purposes of promoting pharmaceuticals, medical devices, treatment facilities or personnel unless previously authorized in writing by ONPULSE and following review and approval of the proposed approach and communications by ONPULSE. Covered Entity shall not use www.connect.onpulse.com to promote, “off-label” uses of medications or devices, or for the unauthorized disclosure of confidential clinical trial or other proprietary information.

      All content included on the Site, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces and code, software, any intellectual property held by ONPULSE, and the selection and arrangement of any of these, are the exclusive property of ONPULSE, its affiliates, its licensors and/or its content providers and is protected by copyright, trademark, and other applicable laws. The copying, downloading and/or printing of information and/or material included on the Site, other than as otherwise expressly permitted by ONPULSE, is for your use in contracting with ONPULSE only and is conditioned on your prohibition from modifying or deleting any copyright, trademark or other proprietary notice that appears on the information and/or material accessed, copied, downloaded or printed from the Site. Any other use of information and/or material contained on the Site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, is expressly prohibited. ONPULSE retains full and complete title to the information and material provided on the Site, including all associated intellectual property rights. ONPULSE neither warrants nor represents that use of information and/or material from the Site will not infringe rights of third parties not affiliated with ONPULSE.

      You warrant and represent that personal and other information supplied to or obtained from this Site was collected, transmitted and disclosed to ONPULSE and otherwise processed only in strict compliance with applicable law, including privacy and data protection requirements and restrictions. You warrant and represent that any personal or confidential business information you access, manage or maintain on behalf of ONPULSE or in connection with your use of the Site is subject to reasonable and appropriate security measures that comply with all applicable laws and include, at minimum, administrative, physical and technical safeguards that protect against the loss, misuse, or unauthorized access, acquisition, alteration or destruction of information. You warrant and represent that all information you submit, post, transmit, store or otherwise provide on or through this Site is accurate, complete and up-to-date. As a user of this Site, you are liable for the accuracy, completeness and timeliness of the information you provide, post, submit, transmit or store using this Site, or that is provided, posted, submitted, transmitted or stored on your behalf or by persons or legal entities affiliated with you. You agree that you will not disclose information about other people or users of this site unless such disclosure would fully comply with applicable law and this Agreement.

    3. Improper Use. Improper use of information provided on the Site and improper use of any hardware or software, including the intent to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site, is strictly prohibited. you may not interrupt or attempt to interrupt the operation of the Site in any way and ONPULSE reserves the right, in its sole discretion, to terminate access to or use of the Site at any time without notice. Termination of access or use of the Site will not waive or affect any right or relief to which ONPULSE may be entitled at law or in equity.
    4. Information You Submit. Personal information collected by or submitted to ONPULSE is subject to our Privacy Policy [connect.onpulse.com/page/privacy_policy], which is hereby incorporated by reference. You hereby acknowledge responsibility for any information and/or material submitted via the Site, including the legality, reliability, appropriateness, originality and copyright of any such information and/or material. Content that: (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) constitutes or encourages a criminal offense, violates the rights of any party or otherwise gives rise to liability or violations of any law, or (iii) contains software viruses, political campaigning, chain letters, mass mailings, or any form of "spam" may not be uploaded to, distributed or otherwise published through the Site. you may not provide false e-mail addresses or other personally identifying information, or impersonate any person or entity, or otherwise mislead as to the origin of any content, their identity, or their education, background and job qualifications. You may not upload marketing content onto the Site.
  3. Accuracy, Completeness and Timeliness of Information; Professional Judgment; Site Availability.This Site is provided to assist clients, physicians, and others engaged in the provision of health care with the goal of facilitating communication. The content is necessarily provided on as “AS IS” basis because it is submitted and/or produced entirely by users of the Site, and not by ONPULSE or any agent of ONPULSE. Although we intend to provide you with accurate, complete and up-to-date information, we must rely on you and our other users to make this possible and cannot guaranty that the information and content presented is entirely accurate, complete, timely, or authentic. We require in this Agreement that our users submit only accurate, complete and timely information, and we make reasonable efforts to monitor their use. Ultimately, however, our users are responsible for the information they submit, store, transmit and share using our Site. Neither we nor our agents or licensors are liable for any damages resulting from your use of the information made available through the Site, or damages resulting from the use of information posted by other users.

    Please be advised that the Site is dependent on the continued operation of the Internet and supporting information systems, such as servers. Although we strive to provide 24/7 availability, it is possible that system failures, often outside our control, may make that impossible. As such, you should not rely on this Site as your sole source of information, nor should you rely on it in emergency or urgent situations. Regardless of any information presented on the Site, ONPULSE reserves the right, without prior notice, to discontinue services, remove or alter content, or records at any time without incurring any obligations. The Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information.

    If you are a healthcare professional, you should exercise your professional judgment in evaluating any information or content provided on this Site, and we encourage you to confirm the information made available or otherwise obtained through the Service with other sources before undertaking or recommending any action, including treatment, based on it. If you are an individual user, such as a client or family member, you should evaluate the information together with a physician or another qualified healthcare professional before relying on the information or making important decisions concerning your health or the health of another. You must use your best professional judgment in determining when, how, where and whether to render treatment to individual clients. ONPULSE shall not have, exercise, or attempt to exercise any control over the professional judgment and decision-making of health care professionals using this Site. Health care professionals are free to accept and treat clients according to best medical judgment, or to transfer such clients for diagnosis or care to other practitioners or facilities in accordance with the clients’ best medical interest.

    Persons accessing this Site, and information and content made available through it, assume full responsibility for the use of the information and agree that ONPULSE and www.connect.onpulse.com, are not responsible or liable for any claim, loss, or damage arising from the use or misuse of the information or content found on the Site. ONPULSE and www.connect.onpulse.com only provide a forum for discussion and information-sharing and do not provide medical or health care advice, nor recommend or endorse any specific drugs, tests, physicians, health care professionals or establishments, products, procedures, “off-label” drug uses or other information that may be mentioned on the Site. Your reliance upon the information and content on or through this Site is solely at your own risk.

  4. Emergency Situations. You should not use the Site for communications that require a rapid or urgent response. You should only use this Site for communications that can be addressed within 24-48 hours or longer. You may not use the Site to communicate with health care professionals to seek medical advice of an emergent nature. You should not rely on communication through the Site to replace the personal relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult a physician or, in serious cases, seek immediate assistance from emergency personnel.
  5. Subscription and Payment.
    1. Methods of Payment and Taxes. When you provide credit card or other payment information to ONPULSE, you represent to ONPULSE that you are the authorized user of the credit card or other payment method. You hereby agree to permit ONPULSE to automatically collect payment for any charges incurred for the use of the Site by charging a valid credit card number which you have provided to ONPULSE. Your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than ONPULSE's then-current price, excluding any promotional and discount pricing, unless you cancel your subscription. You agree to provide current, complete, and accurate information for your billing account. You agree to promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify ONPULSE if your credit card is canceled (for example, for loss or theft). If you fail to provide ONPULSE any of the foregoing information, you agree that ONPULSE may continue charging you for any subscription automatically renewed unless you cancel your subscription at least thirty (30) days prior to the expiration of the subscription. ONPULSE reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to ONPULSE. Customers who use a payment method other than credit card may incur an additional payment-processing fee, and may not be able to automatically renew subscriptions. In the event any payment due under this Agreement is subject to or becomes subject to any tax or other deduction payable by you, by law or regulation, such tax or deduction shall be timely paid by you, so that the payments made by you to ONPULSE shall be in full, and free of all liability for such tax or other deductions. You agree to pay and bear the expense of local, state and/or federal government licenses, sales and use, foreign withholding tax, property and ad valorem taxes, which may be imposed or assessed with respect to payments made by you to ONPULSE under this Agreement. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to ONPULSE. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
    2. Registration Submission and Payment Policy. Your receipt of an electronic or other form of confirmation does not signify ONPULSE's acceptance of your Registration submission, nor does it constitute confirmation of any obligation by ONPULSE, to accept your submission. ONPULSE reserves the right at any time to withhold or cancel any of your payments or fees due for any reason including any actions or omissions on your part that are unauthorized, fraudulent or otherwise violate the terms of this Agreement.
    3. Modification to Payment or Terms. ONPULSE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PAYMENT AND OTHER TERMS PROVIDED BY THIS SITE, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU OF A NOTICE OF MODIFICATION.
  6. Compliance. If you or the organization you represent is a HIPAA covered entity, the following terms are also applicable and are incorporated herein by reference: INSERT LINK TO BAA

    State and Federal laws, as well as ethical and licensure requirements of impose obligations with respect to client confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain content or information made available through this Site. You represent and warrant that you will comply with all laws, regulations, industry standards, licensure requirements and ethical obligations that are directly or indirectly applicable to you or those with whom or which you are affiliated (the “Requirements”). You agree that you are solely responsible for requiring your agents and those acting on your behalf to comply with the Requirements. You are solely responsible for obtaining and maintaining all individual consents or authorizations, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view personal information and, in particular, individually identifiable health information. You agree that ONPULSE, ONPULSE's licensors and licensees, and all other persons or entities involved in the operation of the Site, or the content and functionalities provided through the Site, have the right to monitor, store, review and use personal information inclusive of individually identifiable health information in connection with the operation or use of the Site.

    WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF INDIVIDUALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE AND THE MATERIALS ON THE SITE. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO THE SITE) THAT IN OUR SOLE DISCRETION VIOLATES THESE TERMS.

    Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and/or computer fraud and abuse, punishable under state and federal laws. ONPULSE hereby notifies you that any or all communications on, with or to the Site can and will be monitored, captured, recorded, and transmitted, including to law enforcement authorities, as deemed necessary by ONPULSE in its sole discretion and without further notice.

  7. Links. The Site may contain links to other websites, which are provided only as a convenience and as an additional avenue of access to the information contained therein. ONPULSE has not necessarily reviewed all of the information on the other websites as mentioned on the Site and is not responsible for the content of any other websites, information, material, products or services that may be offered through any of these other websites. Inclusion of links to other websites should not be viewed as an endorsement of the content of linked websites and different terms and conditions apply to the use of any linked websites. ONPULSE is not responsible for any losses, damages, or other liabilities incurred as the result of the use of any of the websites referenced on the Site.
  8. Intellectual Property. ONPULSE's intellectual property, including trademarks, logos, and service marks as displayed on the Site are registered and unregistered trademarks of ONPULSE, its affiliates, its licensors, its content providers, and other third parties. All such trademarks, logos, and service marks are the property of their respective owners. Nothing on the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner's prior written permission, except as otherwise described herein. ONPULSE reserves all rights not expressly granted in and to the Site and its content.
  9. Infringement Notice. ONPULSE respects the intellectual property rights of others and requests that each User do the same. If there are concerns about possible infringement of intellectual property rights, please notify us at:

    [http://onpulse.com/contact-us]

    To be effective, the notification must include ALL of the following:

    1. a physical or electronic signature of the trademark/copyright owner or the person authorized to act on the owner's behalf;
    2. a description of the trademarked/copyrighted work claimed to have been infringed;
    3. information reasonably sufficient to locate the material in question on the Site;
    4. name, address, telephone number, e-mail address and all other information reasonably sufficient to permit ONPULSE to contact the person reporting alleged infringement;
    5. a statement in good faith that the disputed use is not authorized by the trademark/copyright owner, its agent or the law; and
    6. a statement made under penalty of perjury that the information in the notice, as submitted, is accurate and that the person reporting infringement is the trademark/copyright owner or is otherwise authorized to act on behalf of the trademark/copyright owner.
  10. DISCLAIMERS. USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. ONPULSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, TIMELY, OR AUTHENTIC. IF ANY CONTENT IS DOWNLOADED FROM OR UPLOADED TO THE SITE, IT IS DONE AT YOUR SOLE RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ONPULSE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. ONPULSE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, AUTHENTICITY, OR OTHERWISE.
  11. LIMITATION OF LIABILITY. BY USE OF THE SITE, YOU HEREBY ACKNOWLEDGE THAT ANY INFORMATION SENT OR RECEIVED DURING USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OBTAINED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND ACKNOWLEDGE FULL RESPONSIBILITY FOR USE OF THE SITE AND THAT SUCH USE IS AT YOUR SOLE RISK AND DISCRETION; ONPULSE, ITS AFFILIATES OR BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, ONPULSE'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ONPULSE OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, ANY LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ONPULSE, ITS AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR OTHERWISE INAPPROPRIATE OR OBJECTIONABLE CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH ONPULSE IS TO IMMEDIATELY DISCONTINUE USE OF THE SITE. YOU AND ONPULSE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN SIX MONTHS (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY.
  12. Indemnification. You agree to indemnify, defend and hold harmless ONPULSE and its affiliates, and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from use of the Site and any violation of these Terms. If technical disruption of the Site or the systems supporting the Site occurs due to your action or inaction, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. ONPULSE reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification and, in such case, you agree to cooperate with ONPULSE in defense of such matter.
  13. Applicable Law. This Site is controlled by ONPULSE from its offices within the state of North Carolina, along with any of its vendors, partners and consultants. ONPULSE makes no representation that content or information available at this Site are appropriate or available for use in your location, and it is solely your responsibility to monitor or refrain from accessing the Site from territories where the content is prohibited. Those users who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export content or information in violation of United States export laws or regulations.
  14. Dispute Resolution. Any dispute arising out of this Agreement or related to the Site shall be resolved first by direct communication with one or more of ONPULSE's management team members, at the address provided in the section titled “NOTICE.” Should ONPULSE be unable to resolve the dispute by communication, and both you and ONPULSE jointly agree to do so, ONPULSE or you may submit the dispute to final and binding arbitration administered by the American Arbitration Association nearest the place of ONPULSE’s headquarters and pursuant to Oklahoma law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach or claims for damages which are determined to be unfounded, unmeritorious or brought negligently or with a malicious intent.
  15. Entire Agreement. This Agreement, including the Privacy Policy, and any other ONPULSE policy or terms that are incorporated herein by reference, contains the entire agreement between you and ONPULSE relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any purchase order or similar form originated by you relating to the subject matter hereof, or (2) statements of any of ONPULSE's employees, owners, investors, insurers or legal counsel, other than as made in writing, signed, dated and transmitted according to the provision of this Agreement. ONPULSE reserves the right to make changes to this Agreement at any time without advance notice. ONPULSE agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon posting. You agree that these standards for notice of amendments to this Agreement are reasonable.
  16. Termination. Your right to access and use the Site and/or Materials immediately terminates without further notice upon your breach of this Agreement. ONPULSE may terminate this Agreement and/or your right to use the Site at any time, with or without cause. Sections 1-8, 11, 12, 14, 15, 17-20, and 22 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. ONPULSE reserves the right to discontinue or make changes to the Site and/or Materials at any time.
  17. Assignment. ONPULSE may assign this Agreement, in whole or in part, in its sole discretion. You may not assign your rights under this Agreement without ONPULSE's prior written permission. Any attempt by you to assign your rights under this Agreement without ONPULSE's permission shall be void.
  18. Waiver of Breach. Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
  19. Force Majeure. ONPULSE shall not be liable for any failure or unavailability of the www.connect.onpulse.com Site and/or the Materials or failure by ONPULSE to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond ONPULSE's control.
  20. Notice to You. ONPULSE may deliver notice to you under this Agreement by means of electronic mail, a general notice on www.connect.onpulse.com, or by written communication delivered by first class U.S. mail to your address on record in ONPULSE's account information.
  21. Headings. The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
  22. Severability. If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.
  23. How to Contact Us. Questions or comments about these Terms or the Site may be directed to:

    info@onpulse.com

    MASH, LLC dba OnPulse
    112 South Duke Street
    Durham, NC 27701

    United States Attn: MASH Legal Department

If you object to any material found on this Site, please bring your concerns to the attention of info@onpulse.com. The Site administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.