stated hereunder are a legally binding contract between you (hereinafter “You” or “User”) and
OnePulse, Inc., a California nonprofit public benefit corporation (hereinafter “OnePulse” or
“our” or “we” or “us”) pertaining to the access and use of the services, information, and content
accessible from www.rideonepulse.org or any sub-domains thereof (collectively the “Website”).
These Terms apply exclusively to your access to, and use of, the Website and do not alter in any
way the terms or conditions of any other agreements you may have with OnePulse.
Your access to and use of the Website is subject to the express condition that You accept,
without modification, and abide by these Terms. OnePulse reserves the right to change the Terms
any time by posting revised Terms on the Website and such amended Terms will be binding
upon You, and Your continued use of the Website after the posted changes will constitute Your
acceptance of the Terms.
OnePulse is a California nonprofit public benefit corporation in the process of obtaining tax-
exempt status under IRC § 501(c)(3). OnePulse was founded to unite charities and people
through the power of biking. OnePulse is committed to raising money to support charities and
organizations in their efforts to address the needs of people and the environment around us
(the “Mission”). The Website is designed, and all uses of the Website are intended, to be in
furtherance of the Mission and to provide information about its charitable projects, sponsors, and
affiliated organizations, as well as a means of registering participants for the 2014 charity ride
organized by OnePulse. OnePulse also provides a means of donating to OnePulse, and shares
various online social media tools for its Users.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS
WEBSITE IS PROVIDED BY ONEPULSE ON AN “AS IS” AND “AS AVAILABLE”
BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ONEPULSE MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH
THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ONEPULSE DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. ONEPULSE DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION,
CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR ELECTRONIC
COMMUNICATIONS SENT FROM ONEPULSE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. ONEPULSE AND ITS DESIGNEES WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE
OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED
ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE WEBSITE IS MANAGED IN THE STATE OF CALIFORNIA, UNITED STATES OF
AMERICA. ONEPULSE MAKES NO REPRESENTATION THAT IT OPERATES (OR IS
LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. ONEPULSE /
MAKES NO REPRESENTATION THAT THE WEBSITE, SERVICES OR INFORMATION
FOUND THROUGH THE WEBSITE OR SERVICES IS APPROPRIATE OR AVAILABLE
FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE WEBSITE FROM
TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY
PROHIBITED. IF YOU VIEW THE WEBSITE AND/OR ACCESS THE SERVICES
FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU
ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU
ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
In certain instances OnePulse may permit third parties, such as affiliated charities, to provide
testimonials and information for fundraising purposes in furtherance of the Mission. OnePulse
may from time to time post information provided by third parties that might be of interest or
benefit to the User. You acknowledge that the opinions and recommendations of third parties
contained on the Website are not necessarily those of OnePulse or endorsed by OnePulse.
RESTRICTIONS ON USE OF MATERIALS
Unless otherwise indicated, OnePulse or its licensors holds the copyright to all materials on the
Website, including without limitation, photographs, text, graphics, logos, icons, images, content,
sound recordings, audio/visual clips and design (collectively, the “Materials”). Additionally,
OnePulse owns all of the trademarks, service marks, slogans and logos (collectively, the
“Marks”) used and displayed on the Website, unless otherwise noted. Without the explicit
consent of OnePulse, no Materials from the Website (including, without limitation, the Marks),
may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated,
modified, transmitted, distributed or commercially exploited in any way. Any unauthorized
use of Materials contained on the Website may violate copyright, trademark and other laws.
OnePulse retains all rights not expressly granted, and nothing in these Terms constitutes a waiver
of any rights under copyright laws or any other federal, state or local law, regulation, ordinance
or treaty. Nothing in these Terms should be construed as conferring by implication, estoppel
or otherwise, any license or right under or to any intellectual property right, including without
limitation, any patent, trademark, service mark or copyright of OnePulse or any third party.
You may make a single copy of the Materials displayed on any page of the Website for personal
and noncommercial uses which do not harm the reputation of OnePulse, provided that You
include attribution and do not remove any legal notices, including any trademark, copyright or
other notices contained in such Materials.
OnePulse may choose to acknowledge sponsors who have provided donations or sponsorships in
furtherance of the Mission. Such acknowledgement may be in the form of mention or recognition
on the Website by use of the sponsor’s names or marks and/or links to their websites. If You visit
the links to any of our sponsors’ websites or otherwise engage in any communication or business
transactions or dealings with any of the OnePulse sponsors, You do so on Your own initiative
and You agree that OnePulse is not responsible or liable for any loss or damages of any kind
incurred as a result of any such transactions or dealings or as a result of OnePulse’s recognition
and acknowledgement of or links to such sponsors in conjunction with the Website.
If You wish to make a donation to OnePulse through the Website or through an affiliated website
used and/or operated by OnePulse’s donation processing system (a “Donation”), You may be
asked to supply certain information relevant to Your Donation, including without limitation Your
payment account number and Your billing address. By submitting such information, You grant
OnePulse and/or its donation processor the right to provide such information to third parties
for purposes of facilitating the processing of Donations initiated by You or on Your behalf.
Verification of information provided by You may be required prior to the acknowledgment or
completion of any Donation.
IF YOU ENGAGE IN A DONATION, YOU REPRESENT AND WARRANT THAT YOU
ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE THE LEGAL RIGHT AND
CAPACITY TO USE THE ASSERTED PAYMENT MEANS TO INITIATE A DONATION.
You agree that You will hold harmless OnePulse, its officers, directors, employees, agents,
volunteers, and licensors from all claims arising out of or related to Your access or use of, or
Your inability to access or use, the Website or 3rd of Materials from the Website results in the need for servicing or repair of equipment, You will assume any costs thereof.
OnePulse recognizes that its Mission may attract Users who are underage and thereby requires
that riders participating in the charity rides who are under the age of 18 to be accompanied by
a chaperone. OnePulse does not knowingly solicit data from children or knowingly market
to children. OnePulse is concerned about the safety of children and their use of the Website.
Therefore, in accordance with the U.S. Childrens’ Online Privacy Protection Act of 1998,
OnePulse does not knowingly request or solicit personally identifiable information from anyone
under the age of 13 without verifiable parental consent.
OnePulse understands that many visitors to the Website may be concerned about the information
that they may provide or that may be generated from their use of the Website and how OnePulse
use, retention and disclosure of personal information gathered from the Website.
GOVERNING LAW & VENUE
These Terms are governed by the laws of the State of California, U.S.A., excluding any conflict
of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United
States of America. Any action arising out of any dispute with respect to these Terms will only be
brought in the state or federal courts located in Los Angeles, California.
If, for any reason, any provision of these Terms will be determined to be invalid or inoperative,
the validity and effect of the other provisions of the Terms will not be affected thereby and
will remain enforceable. OnePulse’s failure to enforce any particular term of these Terms will
not be construed as a waiver of any of its rights hereunder. These Terms constitutes the entire
agreement between You and OnePulse with respect to the Website and matters thereof.
If you have any questions regarding these Terms, you may contact OnePulse at:
1171 S. Robertson Blvd #243
Los Angeles, CA 90035