TERMS OF USE

Copyright © 2009 PulseFactors.com
All rights reserved.

The copyright in this World Wide website, in the materials displayed or otherwise available at this World Wide website, and in the underlying source files which implement the features of this World Wide Web Site ("website"), is owned by PulseFactors.com. Any person is authorized to view, reproduce, print, link to, and distribute this website and/or any portion thereof, pursuant to the following conditions:

1. Copies of this website may only be used for informational, non-commercial purposes;
2. This website may only be used as set forth in the terms of use documented below;
3. Any copy of this website or portion thereof must include this copyright notice;
4. Notification must precede any use of the website for purposes of public dissemination; and
5. This authorization may be revoked at any time.

No claim is made on copyrights or trademarks owned by others which appear on this website. Certain elements of text and graphics remain the property of others. Permission for use within this website has been granted by the appropriate copyright owners or their agents.

All text and images © 2008-2009 PulseFactors LLC, with the exception of photos of individual buildings and neighborhoods, which are © 2008-2009 Dan Friedman Photography.

READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. YOUR CONTINUED USE OF THE SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.

Continued use of the information, services and products offered at the PulseFactors.com website is expressly conditioned upon acceptance of these terms and conditions. This agreement represents the entire agreement between you and PulseFactors.com and supersedes any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revision of this page or in writing signed by an authorized agent of PulseFactors.com, which reserves sole discretion in revising these terms and conditions from time to time by updating this page.

PulseFactors.com grants users a non-exclusive, non-transferable, limited right to access, use and display the contents of this website. You agree that PulseFactors.com does not have any liability for any delays, omissions, inaccuracies or failures relating to products or services not directly provided by PulseFactors.com.

Neither PulseFactors.com nor any of its service providers shall have any liability for the actions of advertisers, partners or users of the site, or for the contents of any advertisements or user comments, or for assertions or omissions therein. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.

PulseFactors.com will use reasonable efforts to include only accurate and up to date information on this website, but it makes no warranties or representations about accuracy. Neither PulseFactors.com nor any of its agents makes any warranties, express or implied, about results obtained from use of any information found on this website.

THIS SERVICE IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT.

All users agree that access and use of PulseFactors.com and the content thereof is at their own risk and that users will be solely responsible for information transmitted, whether by email or this website. Neither PulseFactors.com nor any other party involved in providing this website to the Internet community shall be liable for any direct, incidental, consequential, indirect or punitive damages or damages of any kind arising out of anyone's access, use or inability to use PulseFactors.com, or any errors or omissions in the content found therein. In states that do not allow the exclusion or limitation of incidental or consequential damages, PulseFactors.com’s total liability to any one user for all damages, losses, or causes of action shall not exceed $100.00. Users agree to indemnify and hold harmless PulseFactors.com, its owners and agents from and against any and all liability and costs incurred in connection with any claim arising out of any breach by you, including, without limitation, attorneys' fees and costs. PulseFactors.com is not responsible for any damages, including damages that result from, but are not limited to, negligence.

Interpretation and enforcement of this agreement shall be governed by the laws of the state of California. You consent to personal jurisdiction in the federal and state courts of San Francisco County, California, for any action arising out of or relating to your use of this website and agree that the federal and state courts of San Francisco County, California, shall have exclusive jurisdiction over such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorneys' fees.

In the event any portion of this agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

You agree that any communication or material transmitted to PulseFactors.com via this website or Internet email is not confidential and that your communications may be read or intercepted by others. Communication or material sent to PulseFactors.com, its owners or agents may be used in any manner it sees fit, whether posting, publication, reproduction, broadcast or submission to proper legal authorities.

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