Terms & Conditions
WELCOME TO CALIFORNIAPULSE.COM (“WEBSITE”). PLEASE READ THESE TERMS AND CONDITIONS OF ONLINE SALE (“TERMS”) CAREFULLY BEFORE SUBMITTING AN ORDER THROUGH THE WEBSITE. BY USING THE WEBSITE TO MAKE A PURCHASE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER ANY PRODUCTS USING THE WEBSITE. BY PLACING AN ORDER USING THE WEBSITE, YOU AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE AND OF LEGAL AGE TO ENTER INTO AN E-COMMERCE TRANSACTION. IN THESE TERMS, “YOU” AND “YOUR” MEANS THE INDIVIDUAL USING THE WEBSITE TO MAKE A PURCHASE, OR THE COMPANY, OR OTHER LEGAL ENTITY ON BEHALF OF WHICH SUCH INDIVIDUAL IS USING THE WEBSITE TO MAKE A PURCHASE, AS APPLICABLE.
APPLICABILITY: These Terms govern the online purchase of any products available on the Website (“Product” or “Products”). The Terms posted on the Website at the time You place Your order will govern that purchase. California Pulse (“CP”) may revise these Terms at any time, at its sole discretion, by posting an updated version on the Website. Please check this page periodically for changes.
SUBMISSION OF PERSONAL INFORMATION: Your submission of personal information through the Website is governed by California Pulse’s Privacy Policy, which can be found at https://californiapulse.com/privacy-policy/. These Terms incorporate by reference the terms and conditions of such Privacy Policy. When you submit an order through the Website, Your credit card details are encrypted and securely transferred to California Pulse’s payment service provider for processing; they are not stored by California Pulse.
ACCEPTANCE: When You submit an order, California Pulse will send You an email acknowledging receipt of Your order. Your order is an offer to purchase the Products ordered. All orders must be accepted by California Pulse, and California Pulse’s acceptance of Your order takes place when the Products are shipped to You. California Pulse reserves the right to reject any order placed by You. All orders are subject to Product availability.
PRICES AND SALES TAX: All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a Product will be the price advertised on the Website at the time Your order is placed. Product prices shown on the Website do not include sales tax. Taxes and any applicable delivery charges/fees will be calculated and displayed during checkout.
PRODUCT INFORMATION: California Pulse strives to display accurate Product information (such as Product descriptions, pricing, and availability) on the Website; however, on occasion, inadvertent errors, inaccuracies, or omissions may occur. California Pulse reserves the right to correct any such errors, inaccuracies, or omissions at any time and to cancel any orders arising from any such occurrences.
PAYMENT: California Pulse accepts the following payment options: Visa, Mastercard, Discover, and American Express. You represent and warrant to California Pulse that the credit card information You provide is true, accurate, and complete. You further represent and warrant that You are duly authorized to use such credit card, and that You will pay the charges incurred by You in connection with Your order. Your credit card will be charged at the time of shipment of Your order.
FORCE MAJEURE: California Pulse will not be liable to You for any failure to perform its obligations where such failure results from any cause or circumstance beyond its reasonable control, including, but not limited to, acts of God, acts of any government authority, fire, flood, earthquake, unusually severe weather, epidemic, pandemic, quarantine, strikes, embargoes, riots, civil disobedience, armed conflict, acts of terrorism, war, or shortages or inability to obtain materials or components.
TRAINING MANUALS AND LAWS/REGULATIONS: For each Product purchased, You assume full responsibility, as applicable, for the proper installation, operation, use, and maintenance of the Product in accordance with all written instructions/training manuals provided by California Pulse and/or the Product manufacturer and all applicable laws and regulations.
LIMITED WARRANTY: For any specific limited warranties related to Products purchased from California Pulse, such warranties are set forth in the applicable product documentation. Unless otherwise specified, California Pulse disclaims all warranties except those expressly provided by the manufacturer.
DISCLAIMERS OF WARRANTIES: EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS: (1) ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES, IF ANY, PROVIDED BY THEIR RESPECTIVE MANUFACTURERS; (2) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CALIFORNIA PULSE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR AT COMMON LAW, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CALIFORNIA PULSE BE LIABLE FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INDIRECT DAMAGES, LOSS OF PROFITS, LOSS OF REVENUES OR LOSS OF USE ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR YOUR PURCHASE OF ANY PRODUCT, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, CALIFORNIA PULSE’S ENTIRE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO YOUR PURCHASE OF ANY PRODUCT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, IN THE EVENT OF ANY PROBLEM WITH A PRODUCT YOU HAVE PURCHASED THROUGH THE WEBSITE, YOUR SOLE REMEDY IS FROM THE MANUFACTURER OF SUCH PRODUCT IN ACCORDANCE WITH ANY APPLICABLE WARRANTY PROVIDED BY SUCH MANUFACTURER, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH THESE TERMS. IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE, YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE.
INTELLECTUAL PROPERTY: Except as otherwise indicated, the Website and its contents, including but not limited to California Pulse’s name and logo, the design, all text, information, images, video, and audio (collectively, “Intellectual Property”), are owned by California Pulse and are protected by copyright, trademark, and other laws. California Pulse makes no proprietary claim to any third party copyrights, names, trademarks, or service marks appearing on the Website. Any such third party copyrights, names, trademarks, or service marks are the properties of their respective owners. You may not display, copy, reproduce, modify, publish, upload, download, post, transmit, or distribute the Intellectual Property in any way without California Pulse’s prior written permission.
DISPUTES/GOVERNING LAW: These Terms shall be governed by and construed under the laws of the state of California, without regard to its conflicts of law provisions. Venue for any disputes arising out of or related to Your purchase or use of the Product(s), Your use of the Website, these Terms, or the breach thereof, shall be in the state or federal courts located in California.
INDEMNIFICATION: You agree to defend, indemnify, and hold California Pulse harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising out of (i) Your breach of these Terms and (ii) Your negligent or intentional acts or omissions in connection with any purchase and/or use of the Website.
WAIVER: California Pulse’s failure to enforce any of the provisions of these Terms will not waive that provision, nor will any such failure prejudice or affect California Pulse’s right to enforce that provision in the future.
SEVERABILITY: In the event that any provision of these Terms is held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions will not be affected.