The Website is available only to entities and persons over the legal age of majority for the purpose of forming binding contracts as defined by applicable law. If You are not of the legal age of majority for the purpose of forming binding contracts, You are not permitted to use the Website.
Informational Purposes Only
The Website and other materials provided or published by Pulsar may from time to time contain information related to various health, medical, and fitness conditions and their treatment, particularly in the areas of fatigue management and sleep science. These materials, as with all content appearing on the Website, are meant for informational purposes only. YOU AGREE THAT IN NO FASHION WHATSOEVER DO YOU CONSIDER ANY INFORMATION WITHIN THE SERVICES OR ANY OTHER CONTENT AVAILABLE ON THE WEBSITE TO BE AN ACCEPTABLE SUBSTITUTE FOR PROPER MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR CARE. You agree not to use the Services or any other content available on the Website for the diagnosis or treatment of any health condition, illness, or disease, whether related to fatigue management and sleep medicine or otherwise. If You have or suspect that You have a health condition or problem, You should consult a trained healthcare professional to determine what courses of treatment, if any, may be appropriate for you.
Authorization to Sell Medical Devices
Limited Scope of Product Functionality
Services made available on the Website may from time to time advertise or describe various Pulsar products, including the Pulsar PVT software (among others). The Pulsar PVT is designed to operate in such a manner that under some limited circumstances it can determine whether a given testing subject is not suitably rested to engage in active military duty or in certain high-risk industrial, laboratory, or transportation jobs. This determination, however, is one-way in its logic. It detects when someone is not suitable for work. It is understood that under no circumstances will the Pulsar PVT suffice to determine whether someone is positively suitable for work. Suitability for work depends upon a large number of factors, of which the Pulsar PVT tests only one—the vigilance level of psychomotor response. By way of non-limiting example, the Pulsar PVT does not test for judgment, intelligence, intoxication, physical fitness, overall attentiveness and motivation, neuro-motor coordination, mental illness, or job-specific training and skills (among others). By downloading and installing the Pulsar PVT, you specifically acknowledge this and other limitations of the Pulsar PVT and agree not to use the Pulsar PVT in a manner for which it was not intended. Vendor accepts no risk whatsoever for unauthorized and/or unlicensed use of the Pulsar PVT. Should you choose to ignore this warning, you do so at your sole and exclusive risk, and in so doing you are in breach of these Terms.
Restrictions on Use
In addition to the other restrictions set forth in these Terms, You agree that:
- a) You will not use or access any service, information, application, or software available through the Website in a manner not explicitly permitted by Pulsar;
- b) Certain areas of the Website may be restricted only to customers, suppliers, vendors, agents, investors, or other business partners of Pulsar;
- c) You may not use or access the Website or the Services in any way that, in Pulsar's sole judgment, adversely affects the performance or function of the Website or the Services or otherwise interferes with ability of authorized parties to access the Website and the Services; and
- d) You may not frame or utilize any framing techniques or technologies to enclose any portion or aspect of the Website or the Services on another Internet website or other computer network, without the express prior written permission of Pulsar.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PULSAR OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE WEBSITE OR THE SERVICES OR ANY CONTENT CONTAINED ON THE WEBSITE OR WITHIN THE SERVICES, OR, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS AND REGULATIONS REGARDING THE SECURITY OF PERSONAL DATA, RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGE FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF PULSAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK, EVEN IF PULSAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF SPECIFIC LIABILITIES. THE ABOVE LIMITATIONS THEREFORE MAY NOT APPLY TO YOU. PULSAR'S LIABILITY IN SUCH CASE WOULD BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Waiver of Warranty
You understand and agree that You are solely and personally responsible for your behavior on the Website. You agree to indemnify, to defend, and to hold harmless Pulsar, its affiliated companies, joint venturers, business partners, licensors, investors, employees, agents, and any third-party information providers to the Website or the Services from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorney's fees, resulting from or arising out of Your use, misuse, or inability to use the Website or the Services or by any violation of these Terms by You.
Compliance with Law
You agree to use the Website in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in Pulsar's sole judgment, negatively reflect upon Pulsar's goodwill or reputation and shall take no actions that would cause Pulsar to be in violation of any laws, rulings, or regulations that apply to Pulsar.
Restriction on Sale and Export
Pulsar and the Website are based in the United States, which, along with certain other jurisdictions, control or otherwise restrict the export of certain products and information. You agree to comply with all such restrictions and not to export or to re-export the Services or other content available from the Website to countries or persons prohibited under the laws of the United States or other export control laws or regulations. If You access or download the Services or any other content from the Website, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding import, export, or re-export of the Services or other content from the Website.
Any and all intellectual-property rights ("IP") associated with the Website or with the Services are solely Pulsar's properties (with the exception of the Third-Party Trademarks and Third-Party Copyrights, as defined and addressed below). The Services and other aspects of the Website are protected by copyright, trademark, trade dress, unfair competition, and other applicable laws in both the United States and in other countries and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks, or trade-dress elements ("Marks") of Pulsar, its affiliates, or other entities that have granted Pulsar the right and license to use such Marks and may not be used or interfered with in any manner without the express prior written consent of Pulsar. Except as otherwise expressly authorized by these Terms, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the IP or Marks from the Website in any way without Pulsar's or the appropriate third party's express prior written permission. Except as expressly provided herein, Pulsar does not grant You any express or implied rights to Pulsar's or any third party's IP.
Limited Website License
Pulsar grants you a limited, personal, nontransferable, nonsublicensable, revocable, license to:
- a) Access and use only the Website and the Services and only in the manner presented by Pulsar; and
- b) Access and use only the Pulsar computer and network services offered within the Website ("System") and only in the manner expressly permitted by Pulsar.
Except for this limited license, Pulsar does not convey any interest in or to the Website, Services, IP, Marks, or System or any other Pulsar property, intellectual property, copyrights, trademarks, or know-how to You by permitting You to access the Website. Except to the extent required by applicable law or as expressly provided herein, none of the Services or other content on the Website may be reverse engineered, modified, reproduced, republished, translated into any language (whether human or computer), re-transmitted in any form, or, by any means, resold or redistributed, without Pulsar's express prior written permission. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit, or otherwise use the Services in any way, unless given Pulsar's express prior written consent.
The Website and much of its contents are protected by the copyright laws of the United States and several other foreign countries and, with the exceptions noted below, belong exclusively to Pulsar or its partners, affiliates, contributors, or third parties. Such copyrights include the Website as a whole along with any and all animated videos appearing on the Website, the Website text, and the Website designs and layouts individually and as used apart from the Website as whole. The copyrights within the Services and other content available on the Website are owned by Pulsar and other copyright owners (except as noted below) who have authorized their use on the Website. You may download and reprint content from the Website for non-commercial, non-public, personal use only. If You are browsing the Website in Your capacity as an employee, agent, independent contractor, or other representative of any business or organization, you may download and reprint content from the Website or the Services for educational or other non-commercial purposes only and only for use within your business or organization. You may not manipulate or alter any content taken from the Website or the Services in any fashion whatsoever, including but not limited to the creation of derivative works, without Pulsar's express prior written permission. The Website, in both its rendered and HTML formats, constitutes an original work of authorship registered with the U.S. Copyright Office, Library of Congress, and owned by Pulsar. The Website was first published in its present form in 2011, and Pulsar reserves all rights to it, except as expressly provided herein.
You are prohibited from using any of the Marks or logos appearing throughout the Website without the express prior written permission of the Mark's or logo's owner, including but not limited to Pulsar, except as otherwise permitted by applicable law. The word marks PULSAR and PULSAR INFORMATICS and the PULSAR and PVT logos are trademarks owned by Pulsar. All rights to these marks are reserved exclusively by Pulsar.
Third-Party Copyrights and Trademarks
From time to time logos, trademarks, trade names, and service marks owned and/or registered by parties other than Pulsar ("Third-Party Marks") may appear on the Website. Additionally, from time to time images, photographs, written text, or other works of authorship that are owned by parties other than Pulsar and that may or may not be protected or protectable under state, federal, or international statutory or common law (referred to herein collectively as "Third-Party Copyrights" irrespective of legal status) may also appear on the Website. Pulsar makes no representation of affiliation, endorsement of or by, joint ventureship, existing or future business dealings, or other connection with or to these other parties unless otherwise explicitly stated in clear terms on the Website. By way of example, and without limitation, the following Third-Party Marks and Third-Party Copyrights appear or may at any future time appear on the Website: images from NASA and images from the US Navy. Should You wish to use any of the Third-Party Trademarks or Third-Party Copyright, You agree to do so at your sole risk and discretion and agree that You alone bear the burden of complying with any laws or regulations concerning their use. For an explanation of NASA's policy on use of NASA photographs, among other resources You are advised to see: NASA's Content Policy (last visited January 20, 2012). In accordance with NASA's policy, no claim of affiliation with or endorsement by NASA is made by Pulsar. For an explanation of the US Navy's policy on use of US Navy photographs, among other resources You are advised to see: Navy's Content Policy (last visited January 20, 2012). In accordance with the US Navy's policy, no claim of affiliation with or endorsement by the US Navy is made by Pulsar.
Links to and from Third-Party Websites
Submission of Unsolicited Ideas
Neither Pulsar nor any of its employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. Pulsar has found this policy necessary in order to avoid misunderstandings should Pulsar's business activities bear coincidental similarities with one or more of the unsolicited ideas submitted. Please do not send Your unsolicited ideas to Pulsar or anyone at Pulsar. If, in spite of our request that You not send Your unsolicited ideas, You still send them, then regardless of what Your email, letter, or other transmission may say: (1) Your idea will automatically become the property of Pulsar, without any compensation to You; (2) Pulsar will have no obligation to return to You any materials submitted in connection with Your idea or otherwise to respond to You in any way; (3) Pulsar will have no obligation to keep Your idea confidential; and (4) Pulsar may use your idea for any purposes whatsoever, including giving Your idea to others.
Modifications and Updates
Pulsar may modify or update these Terms at any time and without notice. Your continued use of the Website and the Services after any changes to these Terms will mean that You accept those changes. Any aspect of the Website may be changed, supplemented, updated, modified, or deleted in the sole discretion of Pulsar and at any time without notice.
You agree that Pulsar, in its sole discretion, may terminate or suspend Your use of the Website and the Services at any time and for any reason or for no reason at all, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately: (1) discontinue use of the Website; and (2) destroy any copies You have made of any portion of the Website or that otherwise contain information pertaining to the Services. Accessing the Website after such termination, suspension, or discontinuation shall constitute an act of trespass punishable at law. Further, You agree that Pulsar shall not be liable to You or to any third party for termination or suspension of Your access to the Website or the Services.
TTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ANY PROCEEDINGS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR THE SERVICES SHALL BE INSTITUTED IN PHILADELPHIA COUNTY OF THE COMMONWEALTH OF PENNSYLVANIA, LOCATED IN THE UNITED STATES OF AMERICA. YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY NOW OR HEREAFTER HAVE AS TO THE LAYING OF VENUE OR THE DETERMINATION OF JURISDICTION IN ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND/OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE TERMS SHALL BE GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, LOCATED IN THE UNITED STATES OF AMERICA, EXCLUDING ANY OF PENNSYLVANIA'S CHOICE OF LAWS PRINCIPLES. EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE PROVISION, OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND PULSAR, THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND PULSAR WITH RESPECT TO THE USE OF THE WEBSITE AND/OR THE SERVICES, AND THESE TERMS SUPERCEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS, AND AGREEMENTS CONCERNING THE SUBJECT MATTER THEREOF. YOU MAY NOT ASSIGN THESE TERMS OR ANY OF YOUR INTERESTS, RIGHTS, OR OBLIGATIONS UNDER THESE TERMS TO ANY OTHER PARTY. IF ANY OF PROVISION OF THESE TERMS IS FOUND TO BE INVALID BY ANY COURT HAVING COMMPETENT JURISDICTION, THE INVALIDITY OF SUCH PROVISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS OF THESE TERMS, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. NO WAIVER OF ANY OF THESE TERMS OR PROVISION THEREOF SHALL BE DEEMED A FURTHER OR CONTINUING WAIVER OF SUCH TERMS OR PROVISION THEREOF OR OF ANY OTHER TERM OR PROVISION THEREOF. YOU MAY PRESERVE THESE TERMS IN WRITTEN FORM BY PRINTING THEM FOR YOUR RECORDS, AND YOU WAIVE ANY OTHER REQUIREMENT THAT THESE TERMS BE EVIDENCED BY A WRITTEN DOCUMENT.
DAMIAN M. BIONDO, ESQ.
Intellectual Property Counsel
PULSAR INFORMATICS, INC.
3401 Market Street, Suite 318
Philadelphia, Pennsylvania 19104
Phone: (215) 220-4264
Fax: (215) 796-9003