TERMS & CONDITIONS
Pulse Auction reserves the right to amend the Terms from time to time without notice to you; you should therefore review the Terms each time you visit Pulse Auction. If you have any questions, comments or concerns regarding the Terms, please email us at email@example.com. Information posted on Pulse Auction, including but not limited to the “Frequently Asked Questions” (FAQ) section of the website, is to be considered recommendations only, and is not intended to constitute firm rules, guidelines or advice upon which any reliance should be placed. To the fullest extent permitted by law, Pulse Auction expressly disclaims all liability that may arise from any reliance placed upon such materials, either by you or by other individuals who have read and/or been informed of the subject information.
Acceptance of Terms:
Use of and/or registration with Pulse Auction constitutes agreement with the Terms; thus, if you do not agree with or otherwise accept the Terms, you should not use Pulse Auction. Where the option is made available to you, you may click to expressly accept or agree to the Terms. You will also be deemed to have accepted or agreed to the Terms by actually using the services provided by Pulse Auction. In such a case, Pulse Auction will treat your use of the services as an express acceptance of the Terms, from the point in time of your first use forward.
Use of and/or registration with Pulse Auction further constitutes confirmation by you that you are eligible to use Pulse Auction. To be eligible, you must be legally capable of entering into a binding contract. You confirm by your use that you are at least 18 years of age, and that you have reached the age of majority as defined by the laws of the jurisdiction in which you reside. You confirm by your use that you have the authority, right and capacity to enter into this agreement with Pulse Auction, and that you are not otherwise barred from receiving the services provided by Pulse Auction.
You confirm by your use that you reside in the United States of America, and that you are a private user (as opposed to a commercial or semi-commercial reseller) of the services provided by Pulse Auction. Pulse Auction reserves the right to exclude from participation in its auctions anyone whom it has reason to believe is a commercial or semi-commercial reseller of the goods being auctioned on this website, and to close their user accounts at any time without prior notice.
All Pulse Auction employees, their family members (defined to include parents, spouses, siblings and children) and any person(s) residing in the same household as a Pulse Auction employee are strictly prohibited from participation in all services provided by Pulse Auction. There are absolutely no exceptions to this prohibition.
Pulse Auction limits the number of user accounts to 2 accounts per each postal address, and or no more than 2 accounts per IP address. Pulse Auction further requires that each account have a single associated email address. Thus, two people (and no more than two people) who live in the same household may each have an account with Pulse Auction, but each account must have its own associated email address. Pulse Auction also limits the number of auctions won per user account. Pulse Auction reserves the right to amend these limits without prior notice to you, so you are encouraged to review these Terms each time you visit Pulse Auction. Please note: It is YOUR OBLIGATION (the bidder) to abide by these limits and spent entrance fees will not be refunded if you exceed these limits.
Once a user reaches one of these predetermined limits, it is strongly recommended that he/she cease participating in the services provided by Pulse Auction until the following day/week/month (as the case may be) commences, as the failure to abide by these limits will result in forfeiture of the entrance fees used in the exceeding auction. Additionally, you must remain mindful of the number of auctions you enter into simultaneously, as entrance fees may be forfeited inadvertently. For example, you may be engaged in 7 auctions simultaneously on a given day, even though the daily win limit is 5 auctions. If you win four of those auctions while two auctions still remain outstanding, you will forfeit the entrance fees that you used to enter those two remaining auctions. Moreover, you will no longer be able to win the two remaining auctions, so your name will be removed from the list of eligible bidders.
WW Pulse Inc. has to right to ban power bidders at our discretion. A “Power Bidder" is defined but not limited to a bidder who repeatedly bids at or above retail price of any given item. Based on the purpose of fundraising events “Power Bidding” restrictions will be waved. Our policy on all accounts that are terminated due to violation(s) of any of our terms and conditions will results in forfeiture of won items paid for and unpaid with no recourse for refund or reversal of charges. In addition, violators are subject to legal proceedings including but not limited to financial and punitive damages. Repeated bidders that exhibit "Power Bidding" are subject to name changes and or account termination.
Any bidder that bids close to, at, or higher than the MSRP (manual or auto) who is deemed as the winner of said auction is obligated to pay and purchase said item. Failure to do so will be subject to termination of account and the forfeiture of purchased or won credits.
Each user may register once using his or her postal address, and a maximum of two accounts may be established per each postal address. Post Office Boxes and/or their equivalents are not permitted. Pulse Auction will not allow a single credit card to be used in conjunction with multiple user accounts; each account must have its own, singular method of payment matching the registrant's account information on file. Pulse Auction may from time to time conduct audits to ensure compliance with these provisions; such audit procedures include, but are not limited to monitoring IP addresses. Should Pulse Auction determine that a violation of these terms has occurred or is ongoing, Pulse Auction reserves the right to cancel your account(s) without notice to you, and you shall forfeit all credit and any rights to won merchandize that has not yet been shipped paid or otherwise. In addition, violators are subject to legal proceedings including but not limited to financial and punitive damages. Individuals that maintain multiple account within the same household or IP address who bid against one another will be in violation as this is strictly prohibited and will result in immediate account closure and forfeit of pending winnings without compensation and or refund of credit. This is a serious violation and will not be tolerated.
During the registration process, you must choose a username. The username shall not be inappropriate, obscene, misleading or deceptive, and it shall not infringe upon the intellectual property rights of third parties. If Pulse Auction is reliably informed that a chosen username is illegal or otherwise breaches these Terms, Pulse Auction will immediately suspend your account, and will simultaneously notify you of the suspension and of the need to change your username. You must response with a new username within 72 hours of this notification; your failure to respond will result in the complete termination of your account. Should Pulse Auction be forced to terminate your account in this manner, your unused, purchased credit will be refunded (unless they are non refundable for some other reason) and any won items that have not yet been paid for will be forfeited.
You agree that all information provided to Pulse Auction for registration purposes, or for any other purpose, will be true, accurate, correct and up to date. You agree to keep Pulse Auction apprised of any changes in personal information that is relevant to your account. Pulse Auction will require you to choose a password. You are solely responsible for keeping your password protected; you understand that you must maintain the confidentiality of passwords associated with any account that you access. As such, you further agree to remain responsible for all activities undertaken through your account(s). User accounts are not transferrable under any circumstances. Unauthorized use or abuse of accounts is strictly prohibited, and may result in temporary or permanent disqualification of the user, disabling of the offending account and/or any other remedy available to Pulse Auction under the law. Examples of unauthorized uses include, but are not limited to non-payment of bids, use of third-party software to make bids, strategic cooperation between bidders or creation and use of multiple accounts (i.e., more than two per household). Pulse Auction reserves the right to temporarily or permanently disqualify the user, disable the offending account and/or report the commission of a crime, where applicable, in its sole discretion, and any failure to do so shall not be considered a waiver by Pulse Auction of its right and ability to do so in the future.
Account Credit (Credit you have purchased in your account):
Upon completion of registration, you must purchase credit to participate in the auction process. Pulse Auction has a no per-bid fee policy. Unlike other penny auction websites, Pulse Auction does not charge you for the privilege of placing bids; rather, Pulse Auction requires only that you have enough credit in your account to cover the entrance fee to bid on desired auctions. Once you bid the entrance fee will be deducted from your account and no further payments will be necessary unless you are the winning bidder, at which time you will be required to pay for the item that you have just won (plus shipping and handling and sales tax, where applicable).
Prior to the start of an auction, each item presented by Pulse Auction will the amount needed to enter the auction, this will be deducted from your account when you place your first bid. You may bid as much or as little as you desire at no additional cost to you. The only way for you to incur any additional charges after unlocking an auction is to be the winner of that auction!
Credit in your account which has been purchased, won or awarded will remain in your personal account until the credit is actually used by bidding on an auction. Upon placing your first bid in any auction the entrance fee for that particular auction will be withdrawn from your account. Unused purchased credits are refundable within the first 30 days of purchase; thereafter, they are nonrefundable. Used credit wins are not subject to return, refund or any adjustments. Any credit that was received free of charge or that are won in auctions have zero dollar value, and are therefore completely nonrefundable.
Pulse Auction offers a Bid-O-Matic function that places bids on your behalf so that you do not have to remain at your computer for extended periods of time while an auction is ongoing. If you choose to use this function, you simply enter the maximum amount that you are willing to bid for the particular item on the auction block. The Bid-O-Matic will continue to place bids on your behalf at regular increments and intervals until it reaches your predetermined maximum amount or less if you are the highest bidder at a lower amount. If you and another user or users have predetermined the same maximum amount, the first user upon whose behalf the Bid-O-Matic submits the bid at that amount will win the item, unless a manual bid is entered at a higher amount. The Bid-O-Matic costs nothing to use; if you are the highest bidder before it reaches your predetermined maximum bid, you will win the auction at the the price where the bidding stops. If someone outbids your maximum bid, you will not win the auction, but you will not pay any additional fees (other than the entrance fee you paid to enter the auction in the first place). The Bid-O-Matic does not submit bids throughout an entire auction; it begins to function only in the last 20 seconds of the auction.
Payment, Cancellation & Delivery:
If you are the highest bidder at an auction, you will win the item on the auction block. You will receive a confirmation email instructing you on how to proceed with payment. Pulse Auction allows four days from the date of the auction for full payment to be made. “Full payment” includes shipping and handling and sales tax, where applicable. If payment is not made within the time allotted, the item will be released for re-auction or re-stocking, and your account will be subject to suspension or termination for nonpayment, at Pulse Auction’s sole discretion. Pulse Auction accepts all forms of major credit cards, as well as PayPal, in most instances. Payments received must be from the owner on record at the time of purchase or win.
All sales are final. Items won at auction may not be returned to Pulse Auction. Cancellation is permitted, but only if it is accomplished within the first 24 hours. If, after winning an auction, you decide that you no longer want the product at issue, you must notify Pulse Auction via email at firstname.lastname@example.org within 24 hours of the end of the subject auction to avoid account disruption. Upon proper notification of cancellation, you will receive an email with a cancellation confirmation number. If you cannot present this cancellation confirmation number when requested, payment will be expected from you within the four day grace period outlined above, and your failure to remit payment within that time may result in account suspension and/or termination. Once an item is paid for and shipped, it cannot be cancelled, refunded or exchanged.
The costs and terms of shipping and handling will vary with each item auctioned; details of the shipping and handling of each item will be given at the time that the auction is taking place. Merchandise will be shipped within 7-10 business days of receiving payment in full and after notification of auction win choice if applicable for the subject auction. Please allow 5-7 business days transit time. Shipping / handling charges on auction wins are non refundable. Pulse Auction has the option of bundling auction win shipments at their discretion. Pulse Auction reserves the right to use third-party carriers for purposes of delivery without prior notice to you. Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by you. Deliveries will be made solely within the 50 states of the United States (expressly excluding the U.S. sovereign territories of Guam, Puerto Rico and the Virgin Islands). Some restrictions and/or higher shipping costs may apply to deliveries in and around Alaska or Hawaii. Please be sure to review the details of delivery for each specific auction in advance of bidding. Delivery times may vary. Any delivery time indicated by Pulse Auction is intended as a guide only and should not be interpreted as a guaranty. You agree to contact Pulse Auction at email@example.com if an item is not received within a reasonable amount of time after the stated delivery time so that Pulse Auction staff can work with you to address any delivery issues that have arisen. Obvious damage to an item or packaging of an item during transit must be reported to the shipper immediately upon taking delivery.
If for any reason Pulse Auction is unable to deliver the item won at auction, Pulse Auction shall promptly notify the intended recipient if it can deliver some comparable substitute item. You must then promptly notify Pulse Auction if you will accept the substituted item, or if you would prefer to receive a refund.
In the event the winner of an auction fails to properly cancel his/her order, and further fails to process payment in full (including shipping and handling costs) within 4 days of winning the auction, the winner will be barred and blocked from any further bidding on pulseauction.com. Pulse Auction, in its sole discretion, reserves the right to temporarily or permanently disable the winner’s account until payment is received in full.
Note: Once a member’s account has been disabled or suspended due to bidding violation(s) it is at the sole discretion of Pulse Auction, its owners and or management team, after review, to grant or deny bidder permission to regain account access including the ability or inability to bid. If an account is reactive, the user/bidder MUST choose a new and unique user name.
Pulse Auction only accepts payment from registered members and only ships to the registered members' address as on file.
Disclaimer of Warranty and Liability:
Pulse Auction makes no warranties, express or implied, with respect to the products offered or any related services performed by Pulse Auction or any of its authorized agents, including but not limited to warranties of fitness for a particular purpose. All new products are sold with the manufacturer’s warranty only. Pulse Auction warrants only that the products offered for auction have the characteristics specified in their respective descriptions, and assumes no further warranties. The warranty period and extent of service/coverage offered varies by manufacturer and product; you are strongly encouraged to review such information prior to bidding on a particular item.
Pulse Auction shall not be liable for any property damage or personal injury that may result from the improper use or handling of the products by you or any other person following delivery. Pulse Auction hereby expressly disclaims liability to any person for incidental or consequential damages relating to the products, whether the claim is brought under theories of contract, tort, breach of warranty or otherwise. All items auctioned by Pulse Auction will be new and factory sealed in their original packaging. They are offered to you “as is”; all warranties come straight from the manufacturer and are not backed by Pulse Auction in any way. If there is some problem with the item, reference must be made to the manufacturer’s warranty. Please be advised that some manufacturers will not honor warranties of products sold through auction sites.
You may refer friends and family members to participate in Pulse Auction by using the form on the Pulse Auction website, which is located under the “My Account” tab (“tell a friend”). Each member who creates an account with Pulse Auction and purchases credit entitles you to one free $1.00 credit. Pulse Auction reserves the right to review each referral for potential fraud, and you must remain mindful of the limitations on the number of accounts permitted per household. Abuse of the referral system will result in revocation of the free credit, and may result in suspension and/or termination of the user account(s) involved. Pulse Auction reserves the right to modify, suspend or terminate this referral program at any time, with no prior notice to you.
System Outages & Technical Failures:
Pulse Auction cannot guaranty 100% uptime with current technology, and system outages and other unforeseen disruptions may occur from time to time through no fault of Pulse Auction. In some cases, a system outage may interrupt your ability to view auctions or to place bids. In such instances, Pulse Auction will halt all pending auctions and all bidding on all pending auctions until the system outage is properly resolved. Halted auctions will clearly be designated as such, and Pulse Auction will make commercially reasonably efforts to resume halted auctions upon resolution of the outage. In the event of a system-wide outage, Pulse Auction reserves the right to revoke a halted auction in its entirety and to credit participants accordingly. Pulse Auction shall not be liable for any failure to receive/consider bids or for any other damages caused by technical failures. Pulse Auction reserves the right to credit users on a case-by-case basis, in its sole discretion, in any permissible manner.
Pulse Auction logos are trademarks of WW Pulse, Inc. All rights reserved. Any trademarks appearing on pulseauction.com are the property of their respective owners, who may or may not be affiliated with Pulse Auction. Pulse Auction’s trademarks may not be used in conjunction with any product or service not belonging to, in any manner likely to cause confusion among customers of or in any manner that discredits Pulse Auction. The absence of any trademark from this site does not constitute a waiver of any intellectual property right Pulse Auction may otherwise have.
All content and the compilation of all content included on this site is the property of WW Pulse, Inc. and is protected by United States and international copyright laws. WW Pulse, Inc. claims copyright in all content on this website. All software used on this site is the property of WW Pulse, Inc. and is protected by United States and international copyright laws. You may not reverse engineer (nor attempt to do so) any of the software comprising or in any way used or downloaded from this website.
Any & All Patents Issued to WW Pulse, Inc. may apply to this website, as well as to the features and services offered on this website.
Applicable Law & Severability Clause:
These Terms and your use of and participation in Pulse Auction services shall be governed by the laws of the State of Florida, without regard to its conflict of laws principals. Any legal action relating to this website shall be commenced exclusively in a state or federal court sitting in the State of Florida. Notwithstanding this choice of forum, you agree that Pulse Auction shall be permitted to bring suit in any jurisdiction if it is deemed necessary to enforce or protect its intellectual property.
You are subject to the laws of the jurisdiction in which you reside and/or from which you access Pulse Auction’s services. The laws governing auctions generally are determined by each individual state and not by the federal government. If you are participating in Pulse Auction services while located in a prohibited or prohibitive jurisdiction, you are in violation of the law and you are in violation of these Terms and you are subject to suspension and/or permanent disablement of your account. You agree to hold Pulse Auction harmless for your illegal participation in Pulse Auction services.
You expressly agree that your use of Pulse Auction is at your sole risk. Pulse Auction does not warrant that its website(s) will be free of viruses, worms, Trojan horses, spyware, malware and/or the like, or that it will be error-free or uninterrupted. Pulse Auction shall not be responsible for any views, opinions or statements posted by any person or entity that is not expressly authorized to speak on behalf of Pulse Auction. Advertisers, content provides, users, guests, independent writers and experts are not so authorized; and this list is not meant to be all-inclusive. Users should at all time seek independent verification of all information upon which important decisions, including but not limited to the decision to purchase, are purported to be based.
Should a court of law with proper jurisdiction determine that any provision of these Terms is invalid, then the offending provision shall be removed from these Terms without affecting the remainder of the agreement, which shall continue to be valid, binding and enforceable.
Protection of Data:
Newly Added For GDPR COMPLIANCE
TERMS AND CONDITIONS
Last Updated: May 25th 2018
The Terms and Conditions (“Terms”) describe how ww Pulse Inc. (“Company,” “we,” and “our”) regulates your use of this website www.PulseAuction.com (the “Site”). Please read the following information carefully to understand our practices regarding your use of the Site. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you check the Site frequently to see the actual version of the Terms and their previous versions.
If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.
YOUR ACCOUNT (IF APPLICABLE)
When using the Site, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate your account, and remove or edit content.
The Company does not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use the Site and may not enter into the Terms under any circumstances.
The Site allows you to use Services available on the Site. You shall not use the services for the illegal aims.
We may, at our sole discretion, set fees for using the Site for you. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees.
We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a payment system. Detailed information about commissions of such payment systems may be found on their websites.
THIRD PARTY SERVICES
The Site may include links to other sites, applications, and platforms (hereinafter the "Linked Sites").
The Company does not control the Linked Sites and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the Site.
PROHIBITED USES AND INTELLECTUAL PROPERTY
The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.
You shall not use the Site for unlawful or prohibited purpose. You may not use the Site in a way that may disable, damage, or interfere in the Site.
All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (hereinafter and hereinbefore the "Content"). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.
THE COMPANY MATERIALS
By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company's business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.
No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.
DISCLAIMER OF CERTAIN LIABILITIES
The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.
The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the "as is" basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.
You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys' fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The may assume the exclusive defense and you shall cooperate with the Company in asserting any available defenses.
TERMINATION AND ACCESS RESTRICTION
The Company may terminate your access and account to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms.
The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site.
Nothing in the Terms shall be a derogation of the Company's right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law