Terms of Use Agreement
Last update: May 25, 2026
PLEASE READ THIS PLATFORM TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER,” “YOU,” or “YOUR”) AND IMPULSE LABS, INC. (“IMPULSE LABS,” “WE,” or “US”).
Arbitration Agreement
SECTION 14 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 14 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.
By accessing or using any of Impulse Labs’s websites, web applications, mobile applications, or any content, information, services, features or resources available or enabled via any of Impulse Labs’s websites, web applications, mobile applications, or any Products (collectively, the “Services”), making a purchase of a Product, or clicking on a button or taking another action to signify your acceptance of this Agreement, or otherwise registering an Account for access to certain of the Services, you: (1) agree to be bound by this Agreement; (2) represent you are at least eighteen (18) years of age; and (3) represent that you have the authority to enter into this Agreement personally. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use any of the Services.
PLEASE REVIEW OUR PRIVACY POLICY AVAILABLE AT WWW.IMPULSELABS.COM/PRIVACY TO UNDERSTAND HOW WE USE YOUR PERSONAL DATA.
IMPORTANT DISCLAIMERS
THE SERVICES ARE DESIGNED TO ENABLE YOU TO PURCHASE, AND REMOTELY CONNECT TO, CONTROL, AND MONITOR, YOUR IMPULSE LABS COOKTOP OR OTHER COMPATIBLE PRODUCT (“PRODUCTS”). THE SERVICES DO NOT REPLACE DIRECT SUPERVISION OF YOUR PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR PRODUCT IS OPERATED IN A SAFE MANNER AND IN ACCORDANCE WITH ALL APPLICABLE MANUFACTURER INSTRUCTIONS (INCLUDING THE INSTALLATION INSTRUCTION MANUAL), USER MANUAL, AND ANY WARNINGS, AND SAFETY GUIDELINES. Remote control and monitoring of a Product involves inherent risks, including but not limited to the risk of fire, burns, property damage, or personal injury. You should never leave a Product unattended while in operation, even when using the remote monitoring features of the Services. The Services are dependent upon network connectivity, compatible hardware and software, and other factors outside of Impulse Labs’s control, and Impulse Labs does not guarantee uninterrupted, timely, or error-free operation of the Services or continuous connectivity to your Product. You acknowledge that delays, interruptions, or failures in connectivity may occur and that Impulse Labs shall not be liable for any loss or damage arising from such delays, interruptions, or failures. The information displayed through the Services regarding the status or operation of your Product is provided for informational purposes only and may not reflect real-time conditions. You should always verify the status of your Product directly before relying on information provided through the Services. Under no circumstances will Impulse Labs be liable for any loss or damage caused by your reliance on information obtained through the Services or your remote operation of a Product via the Services.
IF YOU EXPERIENCE AN EMERGENCY INVOLVING YOUR PRODUCT, INCLUDING BUT NOT LIMITED TO A FIRE OR GAS LEAK, YOU SHOULD DIAL “911” IMMEDIATELY AND FOLLOW ALL APPLICABLE EMERGENCY PROCEDURES. DO NOT RELY ON THE SERVICES TO ADDRESS ANY EMERGENCY SITUATION.
Impulse Labs does not recommend or endorse any specific third-party products, accessories, installation services, or other information that may be mentioned or made available through the Services. Reliance on any information provided by us, our consultants, our employees, and others appearing through the Services is at your own risk.
The Services are designed to work with specific Impulse Labs Products. Compatibility with your Product may depend on the model, firmware version, and other technical specifications. Impulse Labs does not warrant that the Services will be compatible with all Products or all configurations. You are responsible for ensuring that your Product and associated network environment meet the minimum requirements for use of the Services as set forth in the applicable documentation. Use of the Services with any non-compatible device or in any manner not authorized by Impulse Labs is at your own risk.
You should carefully read all documentation, safety instructions, and user manuals provided with your Product before using the Services to control or monitor such Product.
Supplemental Terms
Your use of the Services is also subject to any additional terms, conditions and policies that we separately post on the Services (“Supplemental Terms”) which are incorporated by reference into this Agreement. To the extent there is any conflict between this Agreement and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement.
Updates to the Agreement
Subject to Section 14.12 of this Agreement, Impulse Labs reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
SERVICES.
GENERAL. THE SERVICES PROVIDE A PLATFORM THROUGH WHICH YOU MAY REMOTELY CONNECT TO, CONTROL, MONITOR, AND RECEIVE INFORMATION FROM YOUR IMPULSE LABS PRODUCT. Features of the Services may include, without limitation, remote operation of Product functions, real-time and historical monitoring of Product status and performance, receipt of alerts and notifications, access to recipes and cooking programs, firmware updates, and personalized usage analytics. Access to certain features of the Services may require a compatible Product, a compatible mobile device or computer, an active internet connection, and, where applicable, Bluetooth or Wi-Fi connectivity. You acknowledge and agree that the availability and performance of the Services are dependent upon your internet service provider, mobile carrier, and other factors outside of Impulse Labs’s control. Impulse Labs does not warrant that the Services will be available at all times or that the Services will operate without interruption or error. Nature of the Services. The data and information presented to you through the Services, including Product temperature readings, cooking status, energy usage, and other operational data, may be inaccurate or delayed due to network latency, device limitations, or other factors. You should not rely solely on the Services for the safe operation of your Product. The Services are intended as a convenience and do not replace direct observation and supervision of your Product during operation. Impulse Labs accepts no liability for any direct or indirect consequences resulting from your or anyone else’s use of the information provided by or through the Services or the remote operation of any Product via the Services.
COMMUNICATIONS.
a) By entering into this Agreement or using the Services, you agree to receive communications from us, including via email. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or your use of the Services, updates concerning new and existing features of the Services, Product firmware updates and safety notices, and news concerning Impulse Labs.
b) Impulse Labs may offer one or more mobile message programs (collectively, the “Message Service”) that allows users to receive SMS/MMS mobile messages. If any Message Service involves the transmission of marketing messages via SMS/MMS (rather than operational messages related to your use of the Services), we will require you to separately opt-in to such Message Service to participate in such Message Service. You agree that your use of the Message Service is governed by these Terms. We do not charge for the Message Service, but you are responsible for all charges and fees associated with mobile messaging imposed by your wireless carrier and you acknowledge that your carrier may charge you or deduct usage credit from your account when you text us or we send messages to you. Message and data rates may apply. By enrolling a telephone number in the Message Service, you authorize us to send recurring SMS and MMS mobile messages to the number you specify, and you represent that you are authorized to receive mobile messages at such number. The messages sent through the Message Service may include marketing messages. You agree that these messages may be transmitted using an automatic telephone dialing system (“ATDS”), other automated systems for the selection or dialing of telephone numbers, or different technology. Your consent to receive mobile messages via an ATDS or other automated system for the selection or dialing of numbers is not required (directly or indirectly) as a condition of purchasing any property, goods or services. While you consent to receive messages sent using an ATDS, the foregoing shall not be interpreted to suggest or imply that any or all of our messages are sent using such a system. Message frequency varies. If you do not wish to continue participating in a Message Service program we offer, you agree to reply STOP, END, UNSUBSCRIBE, or QUIT to any mobile message you receive from that program to opt out. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that that we and our service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those keyword commands set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. To the extent you subscribe to more than one Message Service program that we operate, you must unsubscribe from each program separately. For Message Service support or assistance, text the HELP keyword in response to any message you receive through the Message Service or email us at notices@impulselabs.com. Please note that the use of this email address is not an acceptable method of opting out of Message Service. Opt outs must be submitted in accordance with the procedures set forth above. We may change any short code or telephone number we use to operate the Message Service at any time with notice to you. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we are not responsible for honoring requests made in such messages. The Message Service may not be available in all areas or supported by all carriers or all devices. Check with your carrier for details. Delivery of mobile messages is subject to effective transmission from your wireless carrier/network operator and is outside of our control. We and the wireless carriers supported by the Message Service are not liable for any failed, delayed or undelivered messages. If you decide to change your mobile phone number, you agree to first opt out of each Message Service program in which your number is enrolled. For clarity, you acknowledge and agree that any disputes between you and us related to the Message Service will be governed by Section 14 (Arbitration Agreement).
REGISTRATION. When registering an account for the Services (“Account”), you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary. You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify Impulse Labs immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account for the same Impulse Labs service at any given time. Impulse Labs reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of Impulse Labs.
ORDER PROCESS.
Order Acceptance. Each order that you make through the Services constitutes an offer to purchase. If you do not receive a message from Impulse Labs or its business partner confirming receipt of your order, please contact Impulse Labs’s or such business partner’s customer service department before re-entering your order. Impulse Labs’s or such business partner’s confirmation of receipt of your order does not constitute acceptance of your order. Impulse Labs or such business partner is only deemed to have accepted your order once the Products you ordered have been shipped.
Order Issues. Although we strive to accept all valid orders, Impulse Labs reserves the right to deny any order for any reason, including if: (i) we discover an error in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment, and/or shipping information, (ii) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (iii) the ordered Product is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.
Shipping. Products purchased through the Services will be shipped to the address you designate as the shipping address during the check-out process. We are currently only shipping Products within the United States only. If ship timing is delayed, please contact us at notices@impulselabs.com for a full refund. Please refer to https://www.impulselabs.com/faqs for more information or contact us at notices@impulselabs.com with any questions. Impulse Labs is not responsible for taxes, duties, brokerage, or delivery fees, or return postage applied to international shipments. Impulse Labs recommends that you contact your customs office to inquire about import regulations prior to placing an order for Products, including any Subscription for Products. Impulse Labs will not be liable for packages refused or held for delivery.
Returns. We want you to be happy with the Product that you purchase. If you are not completely happy with the Product, please feel free to contact us at notices@impulselabs.com with any questions or concerns and/or refer to our Return Policy if you would like to return any Product you purchased through the Services. Please note that Return Policy only applies to Products that you purchase directly from Impulse Labs. If you purchase any Products from an authorized reseller of Impulse Labs, please refer to such reseller’s return policy.
Order Cancellation. If any Product is discontinued or otherwise becomes unavailable, Impulse Labs reserves the right to cancel your order and provide you a refund for the amount paid for the Product. Further, all orders are reviewed for fraud or other types of unauthorized activity. We reserve the right to review and refund, cancel, or otherwise not process an order due to suspected fraud or unauthorized activity. We reserve the right to cancel any Accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. For any questions regarding a cancelled order, please reach out to us via email at notices@impulselabs.com.
Warranty. Impulse Labs extends a limited warranty for Products. For more information, please visit our Warranty Page.
Restrictions on Resale. To protect the intellectual property rights of Impulse Labs and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. Impulse Labs reserves the right to decline any order that we deem to possess characteristics of reselling.
Third-Party Provider. Impulse Labs may use a third-party service provider for fulfilling orders. By ordering any Product from your Account, you acknowledge that Impulse Labs has no responsibility or liability for any delays that may result from orders handled by such third-party service provider.
Purchases through Resellers. For purchases made through an authorized reseller, the Impulse Labs brand works hard to ensure that only authentic, high-quality products reach consumers in the condition we intend. For all sales through an authorized reseller, please refer to the return policy, warranty, and terms and conditions, or contact customer service, of the authorized reseller from whom you purchased the Products if you have any issues such Products. Please note that you may be required to provide valid proof of purchase from such authorized reseller in order to process a return or refund in accordance with such reseller’s policy.
FEES AND PURCHASE TERMS.
Payment. You agree to pay for all orders in accordance with the prices and billing terms in effect at the time an order is placed. You also agree to pay all applicable taxes. To make an order, you must provide valid payment information, such as a credit card (Visa, MasterCard or any other issuer accepted by us) or PayPal account (“Payment Method”). By providing your payment information, you agree that Impulse Labs or its Third-Party Service Provider (as defined below) is authorized to immediately invoice your Payment Method for all fees and charges due and payable hereunder and that no additional notice or consent is required. You agree to immediately notify Impulse Labs or the Third-Party Service Provider of any change in your billing address, debit card, credit card, or PayPal account used for payment hereunder. You agree to immediately notify Impulse Labs of any change in your payment information by sending an email to notices@impulselabs.com or updating your information in your Account. Impulse Labs reserves the right at any time to change its prices and billing methods. Please contact notices@impulselabs.com regarding any billing disputes.
Third-Party Service Provider. Impulse Labs uses a third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (“Third-Party Service Provider”). If you make a purchase on the Service, you will be required to provide your payment details and any additional information required to complete your order directly to our Third-Party Service Provider. You hereby consent and authorize Impulse Labs and the Third-Party Service Provider to share any information and payment instructions you provide with one or more Third-Party Service Provider(s) to the minimum extent required to complete your transactions. Please note that online payment transactions may be subject to validation checks by our Third-Party Service Provider and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our Third-Party Service Provider uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our Third-Party Service Provider may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
USAGE DATA AND USER DATA.
Usage and Telemetry Data. You acknowledge and agree that Impulse Labs may collect usage data, telemetry data, diagnostic data, and other information generated by or relating to your access to and use of the Services, including data collected from or transmitted by your Product (collectively, “Usage Data”). Usage Data may include, without limitation, information regarding Product performance, operational status, feature usage, error logs, connectivity data, and interaction with the Services. Impulse Labs may use, reproduce, modify, distribute, display, and otherwise exploit Usage Data for any lawful business purpose, including without limitation to operate, maintain, analyze, and improve the Services and Product, to develop new products and services, and to share such Usage Data with authorized resellers and third-party partners. For the avoidance of doubt, Usage Data does not include Your Data, except to the extent such content is incorporated into Usage Data in de-identified or aggregated form.
Responsible Party for Data. You acknowledge that all content is the sole responsibility of the party from whom such content originated. This means that each User is entirely responsible for all content that that User makes available through the Services (“User Data”). Impulse Labs has no obligation to pre-screen any content. You use all User Data and interact with other Users at your own risk. Without limiting the foregoing, Impulse Labs reserves the right in its sole discretion to pre-screen, refuse, or remove any content. Impulse Labs shall have the right to remove any content that violates this Agreement or is otherwise objectionable to Impulse Labs.
Ownership of Your Data. Impulse Labs does not claim ownership of any User Data you make available on the Services (“Your Data”). However, when you as a User post or publish Your Data on or in the Services, you represent that you have all of the necessary rights to grant Impulse Labs the license set forth below in Section 4.4. Except with respect to Your Data, you agree that you have no right or title in or to any content that appears on or in the Services.
License to Your Data. Subject to any applicable Account settings that you select, you grant Impulse Labs (as well as any business partners with whom Impulse Labs is working with to provide you with Services and/or that referred you to Impulse Labs) a right to use, display, distribute, reproduce, and create derivative works of Your Data (in whole or in part) for its own lawful business purposes, including without limitation, to operate and improve the Services, analyze users’ use of the Services, and develop new products and services. For the avoidance of doubt, the foregoing license grant permits Impulse Labs to use your User Data in de-identified form, in connection with the development and training of artificial intelligence algorithms, models, software, and technology. Note that other Users may search for, see, use, modify and reproduce any of Your Data that you submit to any “public” area of the Services.
Other Restrictions on User Conduct. You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third-party to) (a) take any action or (b) make available any content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Impulse Labs’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (v) impersonates any person or entity, including any employee or representative of Impulse Labs. You may not send any unsolicited e-mail message, commercial or non-commercial, to any e-mail address you have gathered from the Services.
FEEDBACK. You agree that your submission of any ideas, suggestions, documents, and/or proposals to Impulse Labs (“Feedback”) is at your own risk and that Impulse Labs has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Impulse Labs the right to use any Feedback in any way at any time without any additional approval or compensation.
OWNERSHIP OF AND LICENSE TO USE SERVICES.
Use of the Services. Except with respect to User Data, Impulse Labs and its suppliers own all rights, title and interest in the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, Impulse Labs grants you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. Impulse Labs, its suppliers and service providers reserve all rights not granted in this Agreement.
Trademarks. Impulse Labs’s stylized name and other related graphics, logos, trademarks, service marks and trade names used on or in connection with the Services are the property of Impulse Labs and may not be used without our written permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
RESTRICTIONS ON USE OF SERVICES. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not frame or use framing techniques to enclose any trademark, service mark, logo or Services (including images, text, page layout or form) of Impulse Labs; (c) you shall not use any metatags or other “hidden text” using Impulse Labs’s name, service marks, or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Services. Any unauthorized use of the Services terminates the licenses granted by Impulse Labs pursuant to this Agreement.
THIRD-PARTY SERVICES. The Services may contain links to third-party services such as third party websites, applications, or ads (“Third-Party Links”). When you click on such a link, we will not warn you that you have left the Services. Impulse Labs does not control and is not responsible for Third-Party Links. Impulse Labs provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk. When you leave the Services, our Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Links, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
INDEMNIFICATION. You agree to indemnify and hold Impulse Labs, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each (collectively, the “Impulse Labs Indemnitees”) harmless from any damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any claims concerning: (a) Your Data; (b) your misuse of the Services; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Impulse Labs reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Impulse Labs in asserting any available defenses. This provision does not require you to indemnify any of the Impulse Labs Indemnitees for any unconscionable commercial practice by such party or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your Account, this Agreement or your access to the Services.
DISCLAIMER OF WARRANTIES AND CONDITIONS.
AS IS. EXCEPT WITH RESPECT TO THE LIMITED PRODUCT WARRANTY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE IMPULSE LABS INDEMNITEES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM THE PRODUCTS AND SERVICES. THIS SECTION 10 DOES NOT AFFECT IN ANY WAY OUR RETURN POLICY FOR THE PRODUCTS.
PRODUCTS AND OTHER PRODUCTS. DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS, PRICES, AND AVAILABILITY OF ANY PRODUCTS AND OTHER PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. OUR CURRENT PRICES CAN BE FOUND ON THE SERVICES. WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF OUR PRODUCTS AND OTHER PRODUCTS, INCLUDING THE APPLICABLE COLORS; HOWEVER, THE ACTUAL COLOR YOU SEE WILL DEPEND ON YOUR COMPUTER SYSTEM, AND WE CANNOT GUARANTEE THAT YOUR COMPUTER WILL ACCURATELY DISPLAY SUCH COLORS. THE INCLUSION OF ANY PRODUCTS ON THE SERVICES AT A PARTICULAR TIME DOES NOT IMPLY OR WARRANT THAT THESE PRODUCTS WILL BE AVAILABLE AT ANY TIME.
NO LIABILITY FOR CONTENT. THE SERVICES CONTAIN OPINIONS AND VIEWS OF IMPULSE LABS, ITS USERS, AND OTHER THIRD-PARTIES, INCLUDING BUT NOT LIMITED TO AUTHORS OF ARTICLES AND OTHER CONTENT MADE AVAILABLE THROUGH THE SERVICES. IMPULSE LABS DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY, EFFICACY, OR VERACITY OF ANY CONTENT POSTED BY IMPULSE LABS OR ANY OF ITS USERS OR OTHER THIRD-PARTIES THAT ARE MADE AVAILABLE THROUGH THE SERVICES.
NO LIABILITY FOR CONDUCT OF THIRD PARTIES OR PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT THE IMPULSE LABS INDEMNITEES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD IMPULSE LABS INDEMNITEES LIABLE, FOR THE CONDUCT OF THIRD-PARTIES OR ANY PRODUCTS THAT THEY MAY PROVIDE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD-PARTIES AND/OR PRODUCTS RESTS ENTIRELY WITH YOU.
NO LIABILITY FOR CONDUCT OF OTHER USERS OR THIRD-PARTIES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES, INCLUDING ANY AUTHORS OF ANY ARTICLES OR OTHER CONTENT MADE AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND THAT IMPULSE LABS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OR OTHER THIRD-PARTIES MADE AVAILABLE THROUGH THE SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY.
Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE IMPULSE LABS INDEMNITEES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT IMPULSE LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer of Third Party Conduct. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE IMPULSE LABS INDEMNITEES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTIES ON THE SERVICES, INCLUDING WITHOUT ANY LIMITATION, ANY USERS OF THE SERVICES.
Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE IMPULSE LABS INDEMNITEES ARE LIABLE TO YOU EXCEED THE GREATER OF (A) THE AMOUNTS PAID OR PAYABLE BY YOU TO IMPULSE LABS FOR THE PRODUCT(S) PURCHASE THROUGH THE SERVICES, AND (B) ONE HUNDRED U.S. DOLLARS ($100).
User Data and Settings. THE IMPULSE LABS INDEMNITEES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IMPULSE LABS AND YOU.
Exclusions. THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.
TERMINATION. At its sole discretion, Impulse Labs may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, Impulse Labs reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to Impulse Labs for Products purchased will remain due. Upon termination of this Agreement, all provisions which by their nature are intended to survive termination will survive, including without limitation, Sections 2, 5, 6, 9, 10, 11, 14, and 15.
INTERNATIONAL USERS. The Services are controlled and offered by Impulse Labs from its facilities in the United States of America. Impulse Labs makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
ARBITRATION AGREEMENT. Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with Impulse Labs and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Agreement to Arbitrate. Subject to the terms of this Arbitration Agreement, you and Impulse Labs agree that any and all disputes, claims, controversies or disagreements that have arisen or may arise between you and Impulse Labs, whether arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services or this Agreement and prior versions of this Agreement, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a “Dispute”) will be resolved exclusively by final and binding arbitration, in accordance with the terms of this Arbitration Agreement, rather than in court, except that: (i) you and Impulse Labs may assert individual claims in small claims court if such claims qualify and remain in small claims court; and (ii) you or Impulse Labs may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.
Waiver of Jury Trial. YOU AND IMPULSE LABS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Impulse Labs are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the section titled “Agreement to Arbitrate.” There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the section titled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, determines that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Impulse Labs agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or Impulse Labs from participating in a class-wide settlement of claims.
Informal Dispute Resolution. Impulse Labs is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing Impulse Labs’s customer support at notices@impulselabs.com. If such efforts prove unsuccessful, you and Impulse Labs agree that good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and Impulse Labs agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically or via videoconference (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate in the conference. To initiate Informal Dispute Resolution, a party must give notice to the other party (“Notice”). Such Notice to Impulse Labs should be sent by email to notices@impulselabs.com or regular mail to our offices located at Impulse Labs, Inc., 101 15th Street, San Francisco, CA 94103 (“Notice Address”). The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. Impulse Labs will send Notice, including a description of the Dispute, to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date. The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. During this period, either party has the option to ask the other to participate in an Information Dispute Resolution Conference as part of a good faith effort to resolve the Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in Informal Dispute Resolution.
Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. If the Informal Dispute Resolution process described above does not resolve satisfactorily within forty-five (45) days after receipt of your Notice, you and Impulse Labs agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by National Arbitration & Mediation (“NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Comprehensive Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”; together with the NAM Comprehensive Rules, the “NAM Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Demand”). The Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to Impulse Labs should be sent by email to notices@impulselabs.com or the Notice Address. Impulse Labs will provide the Demand to your email address on file.
If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”).
Unless you and Impulse Labs otherwise agree, or the Batch Arbitration process discussed in the section titled “Batch Arbitration” is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in New Castle County, Delaware, or, at your election, in the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”). However, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Impulse Labs will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
You and Impulse Labs agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
You and Impulse Labs agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Delaware and will be selected by the parties from the NAM’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then the NAM will appoint the arbitrator in accordance with the NAM Rules, provided that if the Batch Arbitration process under the section titled “Batch Arbitration” is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment.
Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes arising out of or relating to section titled “Waiver of Class or Other Non-Individualized Relief,” including any claim that all or part of section titled “Waiver of Class or Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such section titled “Waiver of Class or Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules.
Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Impulse Labs agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Impulse Labs by or with the assistance of the same law firm, group of law firms, or organizations(“Claimants’ Counsel”), within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible.
All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the “Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Impulse Labs.
You and Impulse Labs agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the Notice Address, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any opt-out notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or Impulse Labs’s rights. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.
Invalidity, Expiration. Except as provided in the section titled “Waiver of Class or Other Non-Individualized Relief,” if any part or parts of this Arbitration Agreement (other than the subsection titled “Batch Arbitration”) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if subsection titled “Batch Arbitration” of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in New Castle County, Delaware. You further agree that any Dispute that you have with Impulse Labs as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
Future Changes to Arbitration Agreement. You and we agree that Impulse Labs retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted within your Account and on the website and you should check for updates regularly. We agree that if Impulse Labs makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the website or Services, including purchase of Products through the Services, following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of this Agreement with an arbitration agreement and you did not validly opt out of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. Impulse Labs will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.
GENERAL PROVISIONS.
Electronic Communications. The communications between you and Impulse Labs use electronic means, whether you visit the Services or send Impulse Labs e-mails, or whether Impulse Labs posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Impulse Labs in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Impulse Labs provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.
Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Impulse Labs’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. Impulse Labs shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact our customer service department using the contact information available on the Services. We will do our best to address your concerns.
Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Impulse Labs agree that all claims and disputes arising out of or relating to this Agreement that are not brought in a small claims court pursuant to Section 14.1 will be litigated exclusively in the Federal and state courts in New Castle County, Delaware.
Governing Law. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
Notice. Where Impulse Labs requires that you provide an e-mail address, you are responsible for providing Impulse Labs with your most current e-mail address. In the event that the last e-mail address you provided to Impulse Labs is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, Impulse Labs’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Impulse Labs at the following address: Impulse Labs, Inc., 101 15th Street, San Francisco, CA 94103. Such notice shall be deemed given when received by Impulse Labs by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law.
Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.