TERMS AND CONDITIONS
Progress Pulse LLC
Effective Date: 7 August 2026
These Terms and Conditions are a binding agreement between you and Progress Pulse LLC. They govern your use of the website at https://www.progresspulsellc.com, including our product reviews, comparisons, buying guides and email newsletter. Please read them before using the Site. Section 20, Section 21 and Section 23 limit our liability and require most disputes to be resolved by individual arbitration rather than in court.
1. INTRODUCTION AND ACCEPTANCE OF THESE TERMS
1.1 These Terms and Conditions, together with the documents referred to in them (the "Terms"), govern your access to and use of the website located at https://www.progresspulsellc.com and each page, feature, email newsletter and other service made available through it (together, the "Site").
1.2 The Site is operated by Progress Pulse LLC, a limited liability company formed under the laws of the State of Texas, with its principal place of business at Texas ("Progress Pulse", "we", "us" or "our").
1.3 By accessing, browsing or otherwise using the Site, by subscribing to our email newsletter, or by submitting any information to us through the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site.
1.4 We make these Terms available through a conspicuous link on the Site. Where you subscribe to our newsletter or otherwise submit information through the Site, you will be asked to confirm your agreement to these Terms at the point of submission, and your submission will constitute that agreement.
1.5 These Terms incorporate our Privacy Policy and our Cookie Policy, each available on the Site. If there is any inconsistency between these Terms and either of those documents in relation to the handling of personal information, the Privacy Policy or the Cookie Policy, as applicable, prevails to the extent of the inconsistency.
1.6 We may make these Terms available in more than one format or language. The English language version published on the Site is the operative version.
2. DEFINITIONS AND INTERPRETATION
2.1 In these Terms, the following expressions have the following meanings:
"Affiliate Link" means a hyperlink from the Site or our newsletter to a third-party retailer or platform that contains a tracking parameter allowing that retailer or platform to attribute a resulting transaction to us and, where the relevant program conditions are satisfied, to pay us a commission.
"Content" means all text, editorial reviews, comparisons, rankings, buying guides, test notes and results, scoring criteria, photographs, video, graphics, layout, page design, compilations, data and other material published on or through the Site by or on behalf of Progress Pulse, excluding User Submissions and Third-Party Materials.
"Merchant" means any third-party retailer, marketplace, platform or seller to which the Site links, including Amazon.com, Inc. and its affiliates.
"Review" means any product review, hands-on assessment, side-by-side comparison, ranking, scoring, award or buying guide published on the Site.
"Third-Party Materials" means any material appearing on the Site that is owned by a person other than Progress Pulse, including manufacturer product images, product names, brand names, logos and specifications.
"User Submission" means any comment, question, message, suggestion, image, review of our Content, or other material that you submit to us or post through any functionality made available on the Site.
"You" means the individual accessing or using the Site, and "your" is construed accordingly.
2.2 In these Terms: (a) the words "include", "includes" and "including" are to be read as if followed by the words "without limitation"; (b) headings are for convenience only and do not affect interpretation; (c) references to the singular include the plural and vice versa; (d) a reference to a statute or regulation is a reference to it as amended, consolidated or replaced from time to time; and (e) a reference to a Section is a reference to a Section of these Terms.
2.3 If any provision of these Terms is expressed to apply only to the extent permitted by applicable law, that provision applies to the maximum extent so permitted and no further
3. ELIGIBILITY AND AGE REQUIREMENTS
3.1 The Site is a general audience publication intended for adults. It is not directed to children.
3.2 You may subscribe to our newsletter, or otherwise submit any personal information to us, only if you are at least 18 years of age and legally able to enter into a binding agreement.
3.3 We do not knowingly collect personal information from children under the age of 13. If you believe that a child under 13 has provided personal information to us, please contact us at contact@progresspulsellc.com so that we can delete it. Our handling of children's information is described further in our Privacy Policy.
3.4 You are responsible for ensuring that your use of the Site is lawful in the jurisdiction from which you access it. The Site is intended for users located in the United States, and we make no representation that the Content is appropriate or available for use in any other location.
3.5 We may refuse, restrict or withdraw access to the Site, or to any part of it, at our discretion and without notice, including where we reasonably believe that a user does not meet the eligibility requirements in this Section 3.
4. WHAT THE SITE IS AND WHAT IT IS NOT
4.1 The Site is an independent editorial publication. It publishes hands-on product assessments, side-by-side comparisons, category rankings and buying guides prepared by us.
4.2 We are not a retailer, reseller, distributor, importer, manufacturer, agent of any manufacturer, or seller of record for any product referred to on the Site. We do not hold inventory, accept orders, process payments, fulfill orders, ship goods, or administer returns, exchanges, warranties or recalls.
4.3 The Content is general information and editorial opinion. It is not professional advice and must not be relied on as a substitute for advice from a qualified professional. In particular, and without limiting the generality of the foregoing:
(a) nothing on the Site is medical, health, dietary, nutritional or fitness advice, and you should consult a licensed healthcare professional before relying on any statement about a product that may affect your health or the health of any other person;
(b) nothing on the Site is financial, investment, tax, insurance or accounting advice, and no statement about the value, cost effectiveness or long-term economy of any product is a recommendation to enter into any financial transaction;
(c) nothing on the Site is legal advice or an opinion on the legality, regulatory status, certification or approval of any product in any jurisdiction;
(d) nothing on the Site is a safety certification, engineering assessment, laboratory test result or compliance determination, and our testing is practical and comparative in nature rather than an accredited or standards-based test; and
(e) you must follow the manufacturer's instructions, warnings, age gradings and safety information for any product you acquire, which prevail over anything stated on the Site.
4.4 No Review is an offer, solicitation or recommendation to purchase any product. You are responsible for evaluating whether a product is suitable for your circumstances and for verifying its specifications, price, compatibility, certification and availability with the manufacturer or the Merchant before purchasing.
4.5 Nothing in these Terms or on the Site creates any agency, partnership, joint venture, employment or franchise relationship between you and us, or between us and any manufacturer or Merchant.
5. AFFILIATE RELATIONSHIPS AND MATERIAL CONNECTIONS
5.1 The Site is monetized through affiliate marketing. As an Amazon Associate I earn from qualifying purchases.
5.2 This means that certain links on the Site and in our newsletter are Affiliate Links. If you click an Affiliate Link and subsequently complete a qualifying transaction with the relevant Merchant, we may receive a commission from that Merchant.
5.3 Commission is paid by the Merchant out of its own revenue. Clicking an Affiliate Link and purchasing through it does not increase the price you pay, and does not entitle us to any part of the price you pay.
5.4 We are a participant in the Amazon Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or its affiliates. Our participation in that program does not mean that Amazon sponsors, endorses, approves or is otherwise associated with the Site or its Content, and Amazon is not responsible for the Content.
5.5 We may participate in additional affiliate or advertising programs in the future. Where we do so, we will identify the material connection in the same manner described in this Section 5, and will update the Site accordingly.
5.6 We aim to make our affiliate disclosures clear and conspicuous, and to place them close to the relevant links and Reviews, consistent with the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255.
5.7 Where we receive a product free of charge, on loan, at a discount, or on any other basis that constitutes a material connection with a manufacturer, brand or Merchant, we will disclose that fact in the relevant Review. We do not accept any payment or other consideration in exchange for a particular conclusion, score, ranking or recommendation.
5.8 Our newsletter and any social media or third-party channel we operate are subject to the same disclosure practices, adapted to the format of the relevant medium.
6. EDITORIAL INDEPENDENCE AND NO PAID PLACEMENT
6.1 We do not sell placement, inclusion, ranking position, scoring, awards or favorable coverage. We do not accept payment, and we do not permit any manufacturer, brand, Merchant or advertiser to purchase or approve the editorial conclusions we reach.
6.2 The existence or amount of affiliate commission available on a product is not a criterion in our selection, testing, scoring or ranking of products. Products that generate no commission may be, and are, recommended where our assessment supports that outcome.
6.3 Our testing approach varies by product category and reflects practical, hands-on use rather than accredited laboratory testing. Where we describe our methodology in a Review, that description reflects the approach taken for that Review and is not a representation that the same approach was or will be taken elsewhere on the Site.
6.4 Every Review reflects our honest opinion, formed on the basis of the information and units available to us at the time of publication. Different units, firmware versions, production runs, regional variants and use conditions may produce different results.
6.5 If you believe that a Review contains a material factual error, or that a disclosure has been omitted, please contact us at contact@progresspulsellc.com. We will review the matter and, where we agree that a correction is warranted, we will correct or annotate the relevant Content.
7. ACCURACY OF INFORMATION, PRICING AND AVAILABILITY
7.1 We take reasonable care in preparing the Content. However, product specifications, model numbers, firmware, packaging, formulations, regional variants, certifications and availability change frequently and without notice, and the Content may become out of date.
7.2 Any price, discount, promotion or availability statement appearing on the Site is indicative only, reflects the position we understood to apply at the time of writing, and is not an offer. The price, availability, delivery terms, taxes and charges shown by the Merchant at the point of checkout are the only ones that apply to your transaction.
7.3 We are under no obligation to update, retest, re-score or withdraw any Review, and the continued availability of a Review does not imply that its conclusions remain current.
7.4 To the fullest extent permitted by applicable law, we do not warrant the accuracy, completeness, currency, reliability or suitability of any Content, including any specification, measurement, test result, score, comparison or ranking.
7.5 Third-Party Materials, including manufacturer specifications and product images, are reproduced as supplied or as publicly published by the relevant owner. We do not verify Third-Party Materials independently unless a Review expressly states otherwise.
8. TRANSACTIONS WITH MERCHANTS
8.1 We do not sell anything to you. Any purchase you make after leaving the Site is a transaction solely between you and the relevant Merchant or seller, and we are not a party to it.
8.2 That transaction is governed exclusively by the Merchant's own terms of sale, privacy notice, cookie practices, pricing, delivery terms, cancellation and return policy, and warranty terms. You should read them before you purchase.
8.3 We have no responsibility or liability for any matter arising from a transaction with a Merchant, including order acceptance, payment processing, fraud, pricing errors, taxes and duties, delivery, delay, non-delivery, damage in transit, product defects, product safety, counterfeit or misdescribed goods, warranty performance, servicing, recalls, returns, refunds or the Merchant's handling of your personal information.
8.4 All questions, complaints and claims relating to a purchase must be directed to the Merchant or, where applicable, the manufacturer.
8.5 Nothing in these Terms limits, excludes or modifies any right or remedy you may have against a Merchant or manufacturer under applicable law, including any consumer protection statute, any warranty, or any right of return. We have no power to grant, vary or waive any such right.
9. EMAIL NEWSLETTER AND OTHER COMMUNICATIONS
9.1 We offer an optional email newsletter. Subscription requires you to provide an email address and to confirm your agreement to these Terms and our Privacy Policy.
9.2 By subscribing, you confirm that the email address you provide is yours, or that you are authorized to use it for this purpose, and that you consent to receive commercial email messages from us at that address.
9.3 Newsletter content may include Reviews, product recommendations, Affiliate Links and promotional material. Where a message contains Affiliate Links, it will identify itself as containing affiliate advertising.
9.4 You may unsubscribe at any time. Every commercial message we send includes a functioning unsubscribe mechanism, and you may also unsubscribe by contacting us at contact@progresspulsellc.com. We will give effect to an unsubscribe request promptly, and in any event within ten business days of receipt, after which we will not send you further commercial messages.
9.5 Our commercial email messages identify the sender accurately, do not use deceptive subject lines, disclose their advertising nature where applicable, and include a valid physical postal address at which we can be contacted.
9.6 We may continue to send you administrative or transactional messages after you unsubscribe, including confirmations of your unsubscribe request and responses to inquiries you send us.
9.7 We do not sell, rent or trade subscriber email addresses. Our use of subscriber information is described in our Privacy Policy.
10. LICENSE TO USE THE SITE
10.1 Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to access the Site and to view, download and print Content for your own personal, non-commercial use.
10.2 All rights not expressly granted in Section 10.1 are reserved. No other license is granted, whether by implication, estoppel or otherwise.
10.3 Except as permitted by Section 10.4 or by applicable law, you may not copy, reproduce, republish, distribute, transmit, display, perform, sell, license, adapt, translate, create derivative works from, or otherwise exploit any Content, in whole or in substantial part, in any medium.
10.4 You may quote a short extract from a Review for the purposes of commentary, criticism, news reporting or research, provided that the extract is no longer than reasonably necessary for that purpose, that Progress Pulse is clearly identified as the source, that a functioning link to the original page on https://www.progresspulsellc.com accompanies the quotation, and that the extract is not presented in a manner that distorts its meaning, implies our endorsement of a product or business, or substitutes for the original Content.
10.5 We may revoke the license granted by this Section 10 at any time. On revocation, you must cease using the Site and destroy any copies of Content in your possession or control.
11. ACCEPTABLE USE
11.1 You must not use the Site:
(a) in any way that breaches any applicable law or regulation, or that is fraudulent or deceptive;
(b) to impersonate any person, or to misrepresent your identity or affiliation with any person;
(c) to transmit, or procure the sending of, unsolicited commercial communications, chain messages or spam;
(d) to introduce any virus, trojan, worm, logic bomb, keystroke logger, spyware, adware or other material that is malicious or technologically harmful;
(e) to gain or attempt to gain unauthorized access to the Site, the server on which it is stored, or any server, computer or database connected to it, or to probe, scan or test the vulnerability of any such system;
(f) to attack the Site by means of a denial-of-service attack, a distributed denial-of-service attack, or any other attack designed to disrupt availability;
(g) to circumvent, disable or interfere with any security-related feature of the Site, or any feature that restricts use of or copying of Content;
(h) to remove, obscure or alter any copyright, trademark, disclosure or other proprietary notice appearing on the Site;
(i) to reverse engineer, decompile or disassemble any part of the Site, except to the extent that this restriction is prohibited by applicable law;
(j) to interfere with, or to strip, replace or substitute, any Affiliate Link or tracking parameter, or otherwise to interfere with the attribution of any transaction to us; or
(k) for any commercial purpose that is not expressly permitted by these Terms, including resale of Content, use of Content in any competing publication or comparison service, or use of Content in any advertising.
11.2 A breach of this Section 11 may result in immediate withdrawal of your right to use the Site, removal of any material you have posted, and, where we consider it appropriate, disclosure of information to law enforcement authorities.
12. AUTOMATED ACCESS, SCRAPING AND MACHINE LEARNING
12.1 You must not use any robot, spider, scraper, crawler, harvesting tool, script or other automated means to access, monitor, index, copy or extract any part of the Site or the Content, except that a publicly operated search engine may crawl and index the Site to the extent expressly permitted by the robots exclusion file published at https://www.progresspulsellc.com/robots.txt.
12.2 We expressly reserve all rights in the Content in respect of text and data mining, and in respect of the training, fine-tuning, grounding, evaluation, retrieval-augmented generation or other development of any artificial intelligence, machine learning or generative model or system. You must not use the Content for any of those purposes without our prior written consent. This reservation is made in addition to, and does not limit, the rights we hold under copyright law.
12.3 You must not frame the Site, mirror it, embed it, or present the Content in a manner that removes or obscures its source, our branding, or our affiliate disclosures.
12.4 We may apply technical measures to protect the Site, including rate limiting, bot detection and blocking of internet protocol addresses or user agents, and we may do so without notice.
12.5 A breach of this Section 12 is a material breach of these Terms and terminates the license granted by Section 10 automatically.
13. OUR INTELLECTUAL PROPERTY
13.1 The Content is owned by Progress Pulse or licensed to us, and is protected by United States and international copyright, database, trademark and other intellectual property laws.
13.2 Without limiting Section 13.1, our original photography and video, our test observations, measurements and notes, our scoring criteria and weightings, our comparison tables, and the selection, arrangement and presentation of products within a Review are proprietary to us.
13.3 The name Progress Pulse, our logo, and any tagline, product-award name or scoring mark we use are our trademarks, whether or not registered. You must not use them without our prior written consent, except for the purpose of identifying us as the source of quoted material in accordance with Section 10.4.
13.4 Nothing on the Site is to be construed as granting any license or right to use any trademark, service mark, trade dress or logo displayed on the Site.
13.5 Requests for permission to reproduce Content beyond the scope of Section 10 should be sent to contact@progresspulsellc.com.
14. THIRD-PARTY TRADEMARKS AND PRODUCT MATERIALS
14.1 Product names, model designations, brand names, logos, packaging and images referred to or reproduced on the Site are the property of their respective owners.
14.2 We use those marks and materials solely to identify the products that are the subject of our editorial commentary, comparison and criticism. Their use does not indicate any affiliation with, sponsorship by, endorsement by, or approval by the relevant owner, and none should be inferred.
14.3 Product images appearing on the Site are either our own photography or Third-Party Materials made available to us by, or published by, the manufacturer, brand owner or Merchant, or supplied through a Merchant's affiliate program on the terms of that program.
14.4 If you are a rights owner and you consider that any use of your material on the Site exceeds the scope described in this Section 14, please contact us at contact@progresspulsellc.com, or use the procedure in Section 16 where the complaint concerns copyright.
15. USER SUBMISSIONS, COMMENTS AND FEEDBACK
15.1 This Section 15 applies where the Site makes available any functionality allowing you to submit material to us or to post material publicly, including comment fields, contact forms, product suggestion forms and survey responses.
15.2 You must not submit any material that: is unlawful, defamatory, obscene, harassing, threatening, hateful or discriminatory; infringes any intellectual property right, right of privacy or right of publicity; contains personal information about another person; contains confidential information of any person; contains advertising, affiliate links or promotional material; or is knowingly false or intended to manipulate our editorial process or the perception of any product.
15.3 You represent and warrant that you own or otherwise control all rights necessary to submit each User Submission and to grant the license in Section 15.4, and that each User Submission complies with Section 15.2.
15.4 You grant us a non-exclusive, worldwide, royalty-free, fully paid, perpetual, irrevocable, transferable and sublicensable license to use, reproduce, adapt, edit, translate, publish, distribute and display each User Submission, in whole or in part, in any medium and in connection with the Site and our business, including in Content, in our newsletter and in promotional material. You waive any moral rights in each User Submission to the extent permitted by applicable law.
15.5 We are under no obligation to publish, monitor, retain or respond to any User Submission. We may edit, refuse to publish, or remove any User Submission at any time, with or without notice and without giving reasons.
15.6 User Submissions are not confidential and are not submitted in confidence. Do not send us information you wish to keep confidential.
15.7 Any suggestion, idea, request or other feedback you provide about the Site or our Content may be used by us for any purpose without restriction, attribution or compensation.
15.8 Personal information contained in a User Submission is handled in accordance with our Privacy Policy.
16. COPYRIGHT COMPLAINTS AND NOTICE AND TAKEDOWN
16.1 We respect the intellectual property rights of others. If you believe that material accessible on the Site infringes your copyright, you may send a written notification to our designated agent under the Digital Millennium Copyright Act, 17 U.S.C. Section 512.
16.2 To be effective, your notification must be a written communication that includes substantially the following, in accordance with 17 U.S.C. Section 512(c)(3):
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single site are covered by a single notification, a representative list of those works;
(c) identification of the material claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate it, including the full uniform resource locator of the relevant page;
(d) information reasonably sufficient to permit us to contact you, including your address, telephone number and, if available, an email address;
(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
16.3 Notifications should be sent to our designated agent at contact@progresspulsellc.com.
16.4 If material you submitted has been removed or disabled following a notification and you believe that the removal was the result of mistake or misidentification, you may send a counter notification containing the elements set out in 17 U.S.C. Section 512(g)(3). We may restore the material as permitted by that Section.
16.5 Please note that under 17 U.S.C. Section 512(f) a person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees.
16.6 We may terminate the access of any user who is a repeat infringer, and may remove material that we consider in good faith to be infringing, whether or not a formal notification has been received.
17. THIRD-PARTY WEBSITES AND LINKS
17.1 The Site contains links to third-party websites, including Merchant websites, manufacturer websites and other resources. Those links are provided for your convenience and for editorial reference.
17.2 We do not control third-party websites, do not endorse them by linking to them, and are not responsible for their content, products, services, security, availability, advertising practices or handling of personal information.
17.3 When you follow a link away from the Site, these Terms, our Privacy Policy and our Cookie Policy cease to apply, and the policies of the destination website apply instead. You should read them.
17.4 You may link to the home page of the Site or to any individual page in a fair and lawful way that does not damage our reputation or take advantage of it, and that does not suggest any association, approval or endorsement on our part where none exists. You must not frame the Site or establish a link from any website that is not owned by you. We may withdraw linking permission at any time by notice.
18. AVAILABILITY, CHANGES AND DISCONTINUATION OF THE SITE
18.1 The Site is provided free of charge. We do not guarantee that the Site, or any Content on it, will always be available, uninterrupted, secure or error free.
18.2 We may suspend, withdraw, restrict or discontinue all or any part of the Site for business, operational, editorial, technical or legal reasons, at any time and without notice or liability.
18.3 We may add to, alter, correct, annotate, archive, unpublish or delete any Content at any time, including any Review, score, ranking or recommendation.
18.4 You are responsible for arranging your own access to the Site and for ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
19. DISCLAIMER OF WARRANTIES
19.1 The Site and the Content are provided on an "as is" and "as available" basis.
19.2 To the fullest extent permitted by applicable law, we disclaim all representations, warranties, conditions and terms of any kind, whether express, implied or statutory, in relation to the Site and the Content, including any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy or non-infringement, and any warranty arising out of course of dealing or usage of trade.
19.3 Without limiting Section 19.2, we make no warranty that: the Content is accurate, complete, current, reliable or free from error; any product referred to on the Site will meet your requirements, perform as described, be available, be safe for your intended use, or be fit for any particular purpose; the Site will be free from viruses or other harmful components; or that defects will be corrected.
19.4 We make no representation and give no warranty in respect of any product, its manufacturer, or any Merchant, and we do not adopt, endorse or accept responsibility for any statement, representation, specification, certification or warranty made by a manufacturer or Merchant.
19.5 Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions in this Section 19 apply to the maximum extent permitted by the law of that jurisdiction, and you may have additional rights
20. LIMITATION OF LIABILITY
20.1 To the fullest extent permitted by applicable law, in no event will Progress Pulse or its members, managers, officers, employees, contributors, agents or licensors be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, opportunity, anticipated savings, or data, arising out of or in connection with your use of, or inability to use, the Site or the Content, whether in contract, tort, including negligence, strict liability, statute or otherwise, and whether or not we were advised of the possibility of such damages.
20.2 To the fullest extent permitted by applicable law, we will not be liable for: any loss or damage arising from your reliance on any Content; any purchase, transaction or dealing between you and a Merchant or manufacturer; any defect in, or damage, injury or loss caused by, any product referred to on the Site; any act or omission of any Merchant, manufacturer, advertiser or other third party; or any content, policy or practice of any third-party website.
20.3 To the fullest extent permitted by applicable law, our aggregate liability arising out of or in connection with the Site, the Content and these Terms, whatever the cause of action, will not exceed one hundred United States dollars (USD 100).
20.4 The limitations in this Section 20 reflect the fact that the Site is made available to you free of charge, that we receive no payment from you, and that the allocation of risk in these Terms is a fundamental basis on which we make the Site available.
20.5 Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or any liability for death or personal injury to the extent it cannot lawfully be excluded. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations may not apply to you.
20.6 Each provision of Sections 19 and 20 operates separately. If any part is held to be unenforceable, the remaining parts continue in full force.
21. INDEMNIFICATION
21.1 You agree to indemnify, defend and hold harmless Progress Pulse and its members, managers, officers, employees, contributors, agents and licensors from and against any claim, demand, action, proceeding, loss, liability, damage, cost or expense, including reasonable attorneys' fees, arising out of or in connection with: (a) your breach of these Terms; (b) your use of the Site or the Content other than as permitted by these Terms; (c) any User Submission you provide, including any claim that it infringes the rights of a third party; or (d) your violation of any applicable law or the rights of any third party.
21.2 We may assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defense. You may not settle any matter in a way that imposes any obligation or admission on us without our prior written consent.
21.3 This Section 21 survives termination of these Terms and any cessation of your use of the Site.
22. SUSPENSION AND TERMINATION
22.1 These Terms remain in force for as long as you access or use the Site.
22.2 We may suspend or terminate your access to the Site, and revoke the license in Section 10, immediately and without notice, if we reasonably believe that you have breached these Terms, that your use presents a security, legal or reputational risk, or that suspension or termination is required by law.
22.3 You may terminate these Terms at any time by ceasing to use the Site and, if you are a subscriber, unsubscribing from our newsletter.
22.4 Sections 2, 7, 8, 13, 14, 15.4, 15.6, 15.7, 19, 20, 21, 23 and 25, together with any other provision which by its nature is intended to survive, continue in effect after termination.
23. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
23.1 These Terms, their subject matter and their formation, and any non-contractual obligation arising out of or in connection with them, are governed by the laws of the State of contact@progresspulsellc.com, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
23.2 Before commencing any formal proceeding, the party raising a dispute must give the other party written notice describing the dispute and the relief sought, sent to contact@progresspulsellc.com in the case of a notice to us. The parties will then attempt in good faith to resolve the dispute informally for a period of thirty (30) days from receipt of that notice.
23.3 If the dispute is not resolved under Section 23.2, and to the fullest extent permitted by applicable law, the dispute will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator. The arbitration will be seated in the State of Texas, and may be conducted by written submissions, telephone or videoconference unless the arbitrator determines that an in-person hearing is necessary. Judgment on the award may be entered in any court of competent jurisdiction.
23.4 Either party may bring an individual action in a small claims court of competent jurisdiction instead of arbitration, provided the claim remains within that court's jurisdiction and proceeds on an individual basis.
23.5 Nothing in this Section 23 prevents either party from applying to a court of competent jurisdiction for injunctive or other equitable relief in respect of the infringement or misuse of intellectual property rights, or of unauthorized access to the Site.
23.6 To the fullest extent permitted by applicable law, all disputes must be brought on an individual basis. You and we each waive any right to participate in a class action, collective action, consolidated action or representative proceeding, and the arbitrator may not consolidate the claims of more than one person or preside over any form of representative proceeding.
23.7 You may opt out of the arbitration agreement in Section 23.3 and the waiver in Section 23.6 by sending written notice of your decision to opt out to contact@progresspulsellc.com within thirty (30) days of the date on which you first accept these Terms. The notice must state your name and the email address, if any, associated with your use of the Site. Opting out does not affect any other provision of these Terms.
23.8 If Section 23.6 is held to be unenforceable in relation to a particular claim or request for relief, that claim or request will be severed from the arbitration and determined by a court in accordance with Section 23.9, and the remainder of the dispute will proceed in arbitration.
23.9 Where a dispute is not subject to arbitration under this Section 23, the state and federal courts located in the State of Texas have exclusive jurisdiction, and you and we submit to the personal jurisdiction of those courts.
23.10 To the fullest extent permitted by applicable law, any claim arising out of or in connection with the Site, the Content or these Terms must be commenced within one (1) year after the claim accrues, failing which it is permanently barred.
24. CHANGES TO THESE TERMS
24.1 We may amend these Terms from time to time, including to reflect changes in our affiliate relationships, in the functionality of the Site, or in applicable law.
24.2 The amended Terms take effect when posted on the Site, and we will update the Effective Date shown at the top of this document. Where an amendment is material, we will take reasonable steps to bring it to the attention of users, which may include a notice on the Site or a message to newsletter subscribers.
24.3 Your continued use of the Site after the amended Terms take effect constitutes your acceptance of them. If you do not accept an amendment, you must stop using the Site.
24.4 Amendments do not apply retrospectively to any dispute of which either party gave notice under Section 23.2 before the amendment took effect.
25. GENERAL PROVISIONS
25.1 Entire agreement. These Terms, together with the Privacy Policy and the Cookie Policy, constitute the entire agreement between you and us in relation to the Site and supersede all prior communications, understandings and representations, whether oral or written. Nothing in this Section limits liability for fraud or fraudulent misrepresentation.
25.2 Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed. The remaining provisions continue in full force.
25.3 No waiver. A failure or delay by us in exercising any right or remedy under these Terms does not waive that right or remedy, and no single or partial exercise prevents any further exercise. A waiver is effective only if given in writing.
25.4 Assignment. You may not assign, transfer or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, reorganization or sale of all or substantially all of our assets.
25.5 Force majeure. We are not liable for any failure or delay in performing our obligations under these Terms, or for any unavailability of the Site, to the extent caused by an event beyond our reasonable control, including act of God, natural disaster, epidemic, war, civil unrest, terrorism, labor dispute, failure of utilities or telecommunications, failure of a hosting, content delivery or email service provider, cyber attack, or governmental action.
25.6 No third-party beneficiaries. These Terms do not confer any right or benefit on any person other than you and us, except that the persons identified in Sections 20.1 and 21.1 may rely on the protections expressed to be given to them.
25.7 Relationship of the parties. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary or employment relationship between you and us.
25.8 Electronic communications. You consent to receive communications from us electronically, including by email and by notices posted on the Site, and you agree that such communications satisfy any legal requirement that a communication be in writing.
25.9 Notices. Notices to us must be sent to contact@progresspulsellc.com. Notices to you may be sent to the email address you have provided to us or posted on the Site.
25.10 Contact. Progress Pulse LLC can be contacted at contact@progresspulsellc.com. General inquiries about these Terms, editorial corrections, permission requests, copyright complaints and privacy requests may be directed to the addresses identified in the relevant Section above.