TERMS OF SERVICE

Welcome to PulseOn Inc.!

These terms of use and all other legal documents incorporated by reference (collectively, the "Terms") are a legal contract between "you" and PulseOn Inc. and our brands, affiliates, and subsidiaries, (collectively "Company," "we," "our," or "us") with respect to access to and use of our associated internet property located at https://pulseonworld.com/ and as linked and offered by us, and govern your use of all the text, data, information, graphics, photographs, audio, video, content, materials, brochures, downloads, Brands (defined in Section 9 below), and more contained therein (all of which we refer to as our "Content") that we and our affiliates may make available to you, as well as any products and services ("Products and Services") that we may provide through our website (all of which are referred to in these Terms, collectively, as the "Site").

We reserve the right to modify these Terms and the Privacy Policy from time to time without notice to you. If you are under 18 (a "Minor"), you may only use the Site under the supervision and consent of a parent or guardian. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless the Company if the Minor breaches any of these Terms. If you are not at least 18 years old, you may not use the Site at any time or in any manner or submit any information to the Company or the Site. Supplemental terms may apply to some Products and Services, such as refund and shipping policies, and are deemed a part of these Terms as appropriate. The supplemental terms will apply to the extent there is a conflict with these Terms. These Terms (including the Privacy Policy and any additional terms incorporated by reference) constitute the entire agreement between you and us, and supersede all other written or oral agreements.

1. PURPOSE AND USE

A. We provide the Site and its content ("Site Content") for informational and/or promotional purposes only. We are not selling the Site or any Site Content to you; rather, subject to these Terms, we grant you a non-exclusive, non-assignable, non-sublicensable, limited license to access, view, and use the Site and Site Content solely for your personal, non-commercial use.

"Site Content" includes, without limitation, all videos, music, text, images, graphics, sounds, information, URLs, technology, documentation, and interactive features included with or available through the Site, any derivative works or enhancements, and all related intellectual property rights, including copyrights, patents, trademarks, service marks, trade names, and trade dress.

You must retain all proprietary notices (including copyright and trademark notices) contained in the original Site Content and on any copies you make. You are not authorized to modify, reproduce, distribute, publicly display, or create derivative works of any Site Content without our express written permission. In addition, you may not, without our prior written consent, "mirror" any material or Site Content contained on this Site on any other server.

B. We reserve the right to terminate or modify the Site in whole or in part, in any manner in our sole discretion, without notice. To the extent permitted by law, we will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Site to a subset of permitted users. You are solely responsible for making all arrangements necessary for you to access the Site.

2. UNAUTHORIZED ACTIVITIES

You are responsible for your use of the Site. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain conduct that may be harmful to other users or to us. When you use the Site, you agree not to:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Use racially, ethnically, or otherwise offensive language.
• Discuss or incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
• Post anything that exploits children or minors or that depicts cruelty to animals.
• Post any copyrighted or trademarked materials without the express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
• Use any robot, spider, scraper or other automated means to access the Site.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Alter the opinions or comments posted by others on this Site.
• Post anything clearly false or misleading.
• Post anything unrelated to our business, products or services.
• Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.

This list of prohibitions provides examples and is not complete or exclusive. The Company reserves the right to suspend access to or ban users from the Site, with or without notice, for violations of this Section 2, or for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to this Site or to any other user of this Site. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company's discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

You agree to indemnify and hold the Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys'/lawyers' fees and costs of defense) the Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.

3. USER CONTENT AND SUBMISSION

A. If and to the extent that we elect to accept and/or allow user generated material, you may have the opportunity to publish, transmit, submit or otherwise post reviews, ratings, comments, feedback, videos, text, images, sounds and any other information (including names and likenesses), material or ideas or other materials on the Site and, including any information you submit to us directly, collectively "User Submissions."

B. While we do not offer public forums for users, in the event we offer features that allow User Submissions to be accessible and/or viewable by the public, these are/will be subject to these Terms, including Sections 2, 3 and 10.

C. With respect to User Submissions provided by you, you represent that (i) you created and own the rights to the content or you have the owner's express permission to post such content, and (ii) the content does not infringe any other person's or entity's rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms or any of our other posted policies.

D. We do not claim ownership to User Submissions. However, by providing or posting User Submissions, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Submissions that you post on the Site.

E. We may refuse, alter, or remove User Submissions without notice for any reason at Company's sole discretion, including our belief that a User Submission may violate these Terms or be otherwise objectionable. If and to the extent that we elect to accept User Submissions, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, alter and store all User Submissions posted on the Site, at any time and for any reason, without notice, including to ensure that all such User Submissions comply with these Terms. We do not endorse any User Submissions and the User Submissions posted do not reflect our opinions, views or advice. You are solely responsible for your User Submissions and the consequences of posting and publishing them and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Submissions. We take no responsibility and assume no liability for any User Submissions that you or any other user or third-party post or send on or through the Site, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Company shall have no obligation to maintain any User Submission after termination of the Site.

F. Notwithstanding our rules with regard to User Submissions, you may be exposed to content on the Site that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Submissions on the Site, whether or not it violates our Terms.

G. If and to the extent that we elect to accept User Submissions, please choose carefully the information you post on the public areas Site and that you give to other users. For any information, you are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you may come in contact through the Site, and to the extent that the law permits, you release us from any claims or liability related to any User Submissions posted on the Site and from any claims related to the conduct of any other users.

H. You agree and understand that PulseOn Inc. is not obligated to use any User Submission and you have no right to compel such use. You understand and acknowledge that PulseOn Inc. has wide access to ideas, stories, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by PulseOn Inc.'s own employees. Many ideas or stories may be competitive with, similar or identical to your User Submission in structure, purpose, function, theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of PulseOn Inc.'s use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of PulseOn Inc.'s actual or alleged exploitation or use of any User Submission or other material you submit to the Site or PulseOn Inc., the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law consistent with the terms set forth in the sections entitled "DISPUTE RESOLUTION & MANDATORY ARBITRATION"; "NO CLASS ACTIONS"; AND "NO TRIAL BY JURY".

I. If you are a California resident, you waive California Civil Code § 1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

4. USER FEEDBACK

If you send or transmit any communications, comments, questions, suggestions, or related materials to the Company, whether through the Site or by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Site or to our Content, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and the Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that the Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

5. ACCESS TO THE SITE

You can visit, view and access the Site without creating an account or logging in. Some features (like "contacting us" or requests for our information) may require you providing certain information (such as your name and email, for example).

We may offer certain Content, services or features on a restricted basis (under password-restricted areas of the Site, for example). In the event we require you to register with the Site for an account and receive a password, we will require certain information from you. Please refer to our Privacy Policy for the information we may require from you.

Once you have submitted your information, the Site administrator shall have the right to approve or reject your request (or registration if applicable), in the Site administrator's sole discretion. If your request or account is approved by the Site administrator, you will be sent an e-mail that contains such information or, if for an account, a password that will allow you to log-on to the Site using that password for the first time you log into your account on the Site to complete the account registration process.

You are responsible for maintaining the confidentiality of your "Password", and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password. You agree to notify the Company if your Password on this Site is lost, stolen, if you are aware of any unauthorized use of your Password on this Site or if you know of any other breach of security in relation to this Site.

All the information that you provide when requesting information or materials, or when registering for an account and otherwise through the Site, must be accurate, complete and up to date.

6. PRODUCT INFORMATION AND PURCHASES

Access to the Site is currently free of charge. From time to time, PulseOn Inc. ("Company," "we," or "us") may provide information, descriptions, or images relating to our products or services ("Products") as part of our content.

We make reasonable efforts to ensure that all Product information presented on the Site is accurate and current. However, certain information—including prices, availability, specifications, or images—may be inaccurate, incomplete, or outdated. Product colors and appearances may vary depending on your device, lighting, or regional packaging differences. We do not guarantee that all Products or services shown on the Site will be available in your location.

Where the Site contains links to third-party retailers, affiliates, or business partners, your purchases from those sites are subject to their own terms and policies. We do not control, endorse, or assume responsibility for any third-party sales or delivery processes (see Section [Third-Party Links]).

7. DIRECT PURCHASES

If we offer Products, subscriptions, or other paid features for sale directly through the Site:

Pricing and Payment

• a. Prices and available payment methods will be displayed at checkout.
• b. You agree to pay all fees, charges, and applicable taxes associated with your order according to the billing terms in effect at the time of purchase.
• c. By providing a payment method, you authorize the Company (or its payment processor) to charge that method for all applicable amounts.

Billing and Recurring Charges

• a. If a Product or service involves a recurring payment (e.g., subscription), we will disclose the billing frequency and terms before you confirm your purchase.
• b. You may cancel recurring services by following the instructions provided at the time of purchase or in your account settings, if available.

Failed Payments

• a. If your payment method cannot be charged for any reason, we may suspend or terminate your access to the purchased Product or feature until payment is received.
• b. You remain responsible for all outstanding amounts due.

Refunds and Cancellations

• a. Refund policies, if applicable, will be presented at the time of purchase.
• b. Unless otherwise stated, all sales are final once confirmed.

Errors and Corrections

• a. We reserve the right to correct any pricing, typographical, or display errors and to cancel or refuse any order placed based on inaccurate information, even after confirmation.
• b. If your payment was processed before such correction, we will issue a prompt refund of the amount charged.

8. PROMOTIONAL OFFERS

All promotional offers, sweepstakes, contests, giveaways and other promotions ("Promotions") we may offer from time to time are subject to these Terms and any supplemental terms we disclose. Generally, with or without notice, we reserve the right to modify, suspend, cancel or terminate any Promotion in appropriate circumstances, including to extend or resume the stated entry period, disqualify any participant or entry, or award prizes in an alternate manner. You are responsible for all costs, expenses or taxes associated with your participation and/or receipt of any prizes or awards. We may condition your participation or receipt of a prize/award on the execution of a release and/or other agreements. By accepting a prize or award, you consent to and grant us and the applicable prize providers the right to use your name, image, likeness, statements, biographical information and other information about you for publicity, advertising and promotional purposes, all without additional permission, limitation, or review from or compensation to you.

9. PROMOTIONAL MESSAGES

A. Our Site may include sending you promotional and non-promotional e-mails/newsletters, text/SMS messages, chat messages, or other electronic or offline messages. The promotional messages may be recurring, meaning we will continue to send them to you until you unsubscribe via any of our disclosed methods. To receive any of these communications from us, you will be required to provide certain information about you. Our use of the information you provide is governed by our Privacy Policy.

B. Text/SMS Messages ("Message Service"). In addition to any terms specifically disclosed when you enroll for a Message Service:

• i. "Message and Data Rates May Apply" which means that you may be charged message and/or data charges by your wireless carrier depending on your service plan. If you have any questions about your text plan or data plan, it is best to contact your wireless carrier.
• ii. By enrolling in the Message Service, you certify that you are either the account holder or are otherwise responsible for paying any wireless carrier charges associated with the Message Service or, if you are under the age of 18, that you have the permission of the account holder/person responsible for any such charges.
• iii. Messaging frequency may vary.
• iv. You may opt-out of receiving messages from us as set forth in our Privacy Policy, or by texting "STOP" as a reply to any of our messages. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.
• v. If you have any questions about our Message Service or need assistance, you may text "HELP" as a reply to any of our messages, or you can get help directly by contacting us at Contact Us.
• vi. We are not aware of any wireless carriers that do not support our Message Service. However, you must have a text or SMS enabled mobile phone. Consent is not a condition of the purchase of any goods or services.
• vii. We do not guarantee or warrant that you will receive all or any of our messages. We are not liable for delayed or undelivered messages.
• viii. Our Message Services may be administered by a third party (the "Administrator") and reserve the right to condition use of our Message Service to your acceptance of applicable Administrator terms and conditions.

C. E-mails/Newsletters. You may opt-out of receiving our e-mails/newsletters as set forth in our Privacy Policy or by using the options included in the communication, we send you (e.g., using the "Unsubscribe" feature provided in the footer of our e-mails).

10. OUR OWNERSHIP AND OUR INTELLECTUAL PROPERTY

A. You acknowledge and agree that the content and materials displayed on or through this Site, including without limitation all information, data, text, software, photographs, graphics, video, audio, product information, news and press releases, brochures, spec sheets, and other materials (collectively, the "Content"), is owned by or licensed to us and is protected by applicable laws of the United States. Our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission for commercial purpose, except as otherwise expressly permitted by us. You must abide by all proprietary notices and restrictions contained in or attached to any Content, including the Site itself. Our Copyright: ©2025 PulseOn Inc. All rights reserved.

B. The Company logos, brands, trademarks, Product identifiers, and certain other words and logos displayed on this Site and which may or may not be designated on this Site by "TM" or "SM" or other similar designations, constitute trademarks, trade names, and/or service marks (collectively, "Brands") of Company or other entities. You are not authorized to use any such Brands without our prior written consent. Ownership of all such Brands and the goodwill associated therewith remains with us or our respective licensors.

C. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material or any trademark is strictly prohibited without the express written consent of the copyright owner or license. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; or (b) with prior written permission from us.

11. INFRINGEMENT

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we may remove any content that violates intellectual property rights of others, suspend access to the Site (or any portion thereof) to any user who uses this Site in violation of someone's intellectual property rights, and/or terminate in appropriate circumstances, if applicable, the access or account of any user who uses the Site in violation of someone's intellectual property rights.

12. LINKS TO OTHER SITES

This Site may provide links to other websites or resources, including those of third-parties, and/or contain third-party advertisements. We may also offer links to certain services provided by our affiliates or business partners through this Site, including selling our Products. You agree and understand that such other websites or resources are subject to their own privacy policies and terms of use, that you are subject to those legal terms, and that we have no control over such websites and resources. You acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources, including pricing and/or pricing policies. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that this Site provides links to or that provide links to this Site, or (ii) any content, goods, Products, or services available on or through any such websites or resources. To the extent permitted by applicable law, we take no responsibility for third party advertisements which are posted on this Site, nor do we take any responsibility for the goods or services provided by advertisers. Your dealings with, or participation in promotions of, any third-party advertisers or providers of goods or services found on or through this Site and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.

In no event shall any reference to any third party or third-party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.

13. THIRD PARTY INDEMNITY

You agree to indemnify and hold harmless the "PulseOn Inc. Indemnitees" (as defined below) from and against any and all "Losses" (as defined below) that may arise in connection with: (i) your use of the Site or Site Content in violation of these Terms; (ii) User Submission provided by you or through the use of your Account; (iii) any actual or alleged violation or breach by you of these Terms; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. "PulseOn Inc. Indemnitees" means PulseOn Inc. and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies. "Losses" means claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs). You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

14. DISCLAIMER OF WARRANTIES

Your use of this Site is at your own risk. The Content has not been verified or authenticated in whole or in part by the Company, and may include inaccuracies or typographical or other errors. The Company does not warrant the accuracy of timeliness of the Content contained on this Site. To the extent permitted by applicable law, the Company has no liability for any errors or omissions in the Content, whether provided by the Company, our licensors or suppliers or other users.

WHILE COMPANY ENDEAVORS TO ENSURE THAT THE INFORMATION PROVIDED ON THE SITE REGARDING STORE LOCATIONS AND PRODUCT AVAILABILITY, IS CURRENT AND ACCURATE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, OR AVAILABILITY WITH RESPECT TO THE SITE OR THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.

Disclaimer and User Risk Acknowledgement

Users are cautioned to consult healthcare professionals before using any of our Products, especially if they are pregnant, nursing, taking medication, or have a medical condition. Company recommends consulting with a qualified healthcare professional for health issues. Your use of any Product purchased through any of Company's business partners and/or retailers is purely at your own risk.

These disclaimers apply to the extent applicable in your jurisdiction.

15. LIMITATION OF LIABILITY

If you are a consumer, nothing in these Terms shall affect your legal rights as a consumer or exclude or limit any liability, which cannot be legally excluded, or limited.

16. GOVERNING LAWS

These Terms shall be construed in accordance with the laws of the State of Texas without regard to its conflict of laws rules. Any permitted court legal proceedings against PulseOn Inc. (i.e., those not subject to mandatory arbitration, as provided below) that may arise out of, relate to, or be in any way connected with our Site shall be brought exclusively in the state or federal courts applicable to Dallas, Texas and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

17. DISPUTE RESOLUTION & MANDATORY ARBITRATION

A. We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at Contact Us. We will contact you based on the contact information you have provided us.

B. If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with this Section. We each understand that either of us would have had the right or opportunity to litigate disputes through a court and to have a judge or jury decide the case, but we are instead voluntarily choosing to have any disputes resolved through binding arbitration.

C. We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS' website (www.jamsadr.com) or by calling JAMS at 949-224-1810.

D. We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

E. Exception to Arbitrate. We each agree as follows: (i) either of us may bring qualifying claims in small claims court; (ii) to the extent state law permits either of us to seek injunctive or other equitable relief outside of arbitration, we each agree that such actions will be brought exclusively in the U.S. District Court for the Northern District of Texas (Dallas Division) or the state courts located in Dallas County, Texas. We each consent and submit to the personal jurisdictions of these courts; and (iii) as set forth below, we each agree that any arbitration will be solely between you and PulseOn Inc., not as part of a classwide claim. If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and we each agree to resolve the dispute in court.

18. NO CLASS ACTIONS

19. NO TRIAL BY JURY

20. AMENDMENTS; ASSIGNMENT

You agree that PulseOn Inc. may update or otherwise modify these Terms at any time without notice to you, and it is your obligation to check for updates. Updates do not apply retroactively. You may not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part.

21. MISCELLANEOUS

A. Except as provided in these Terms, these Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof.

B. These Terms do not create any rights in favor of any third party. Our failure to take action to enforce our rights does not mean that we give up those rights or cannot take such action in the future.

C. If you access the Site from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

D. If a provision in these Terms is found to be illegal or unenforceable, that provision shall be removed from these Terms and the remaining provisions of these Terms shall remain in force.

E. At any time and for any reason or no reason we may restrict, suspend or terminate your access to the Site, terminate your Account, and add, remove or modify functionality.

F. When using our Site, you agree to comply with all applicable laws and regulations.

G. You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms.

H. Sections concerning intellectual property, disclaimers, limitation of liability, indemnity, and dispute resolution shall survive termination of these Terms.

I. If you have a question, concern or complaint about these Terms, you can contact us at Contact Us.

22. CALIFORNIA CONSUMER NOTICE

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site is provided by PulseOn Inc., 1101 E Arapaho Rd, #2411, Richardson, TX 75081. If You have a question or complaint regarding the Site, please contact our general Customer Service as set forth in the Contact Us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.