Terms of Use - Pulcro.io

About These Terms of Use

These terms (“Terms”) are a legal agreement between you and Pulcro.io LLC and its direct and indirect subsidiaries (“Pulcro.io”). The Terms control your use and access to Pulcro.io’s websites and online information (the “Sites” or “Site”). By using Pulcro.io’s Sites, you agree to these Terms. Pulcro.io may revise these Terms at any time by updating this page. You should revisit this page from time to time to determine what terms govern your use of the Site.

License Disclaimer and Use Restrictions

Nothing on any Pulcro.io Site gives you any license under any Pulcro.io or third party intellectual property rights. All intellectual property rights in this Site belong to Pulcro.io or other parties that licensed their material to Pulcro.io. Subject to these Terms, Pulcro.io grants you a limited, revocable, nonexclusive right to access and use the Site and the materials and information on the Site (“Pulcro.io Content”). This limited license is only for your personal, noncommercial use. You must keep Pulcro.io’s proprietary notices on any copies you make of Pulcro.io Content. Unauthorized use of Pulcro.io Content may violate copyright, trademark, privacy, communications, or other laws. You are responsible to Pulcro.io for your unauthorized use of Pulcro.io Content. This right terminates automatically if you breach any part of these Terms. Upon termination, you must immediately destroy any Pulcro.io Content in your possession or control. Other than as stated above, you must not:

change, alter, copy, distribute, republish, download, display, post, or send the Pulcro.io Content in any form or by any means without Pulcro.io’s or the copyright owner’s prior written permission, unless the Site states otherwise about specific Pulcro.io Content;
use the Site or Pulcro.io Content for any purpose that is unlawful or prohibited by these Terms;
use the Site to solicit any activity that is illegal or may infringe upon the rights of others;
“mirror” or “frame” any Pulcro.io Content on any other device without Pulcro.io’s written permission;
use the Pulcro.io Content to benchmark any Pulcro.io Content against any other person’s or entity’s products, services or information; or
use the Pulcro.io Logo or any other Pulcro.io trademark as a “hot” link to any part of the Site unless Pulcro.io approves that use in writing.

Copyright Information

Copyright law protects all Pulcro.io Content. The copyright in all material provided on this site (“Site”), including but not limited to any software, text, images, audio, and video (“Materials”) are copyrighted and are protected by worldwide copyright laws and treaty provisions. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Except as expressly permitted herein, you may not copy, reproduce, distribute, republish, download, display, post, transmit, rent, lease, loan, sell, assign, license, sublicense, modify, reverse engineer, or create derivative words of any of the Materials in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Pulcro.io or the copyright owner. Permission is granted to you to display, copy, distribute and download the Materials on this Site solely for personal, noncommercial use only, provided you do not: (a) modify the Materials in any way, (b) use the Materials for any commercial purpose or any public display, performance, sale, or rental, (c) remove any copyright and other proprietary notices contained in the Materials, (d) “mirror” any Materials contained on this Site on any other server without Pulcro.io’s permission, or (e) interrupt or attempt to interrupt the operation of this Site in any way. This permission terminates automatically if you breach any of the Terms or these terms or conditions.

DMCA COPYRIGHT INFRINGEMENT CLAIM

Pulcro.io has a policy of removing content that violates the intellectual property rights of others, suspending access to Site (or any portion thereof) to any user who uses the Site in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Site in violation of someone’s intellectual property rights. Pursuant to Title 17 of the United States Code, Section 512, Pulcro.io has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law.

NOTIFICATION

If you wish to report a copyright violation in connection with content on the Site, please send a written notice to the following Pulcro.io Designated Agent for notice of claims of copyright infringement:

Pulcro.io LLC
Attention: Legal Office
551 S IH 35, Suite 300
Round Rock, Texas, 78664, USA
Email: legal@pulcro.io

Your written notice must contain each of the following:

An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the work you claim has been infringed;
Identification of the work you claim is infringing and a description of where the work is located on the Pulcro.io website;
Information reasonably sufficient to permit Pulcro.io to contact you, such as an address, telephone number, and email address;
A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner’s agent, or by law; and
A statement by you, under penalty of perjury, that the information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

When Pulcro.io receives a notification of alleged copyright infringement containing the required information, it will remove or disable access to the content that is alleged to be infringing.

COUNTER NOTIFICATION

You may file a written counter-notification with Pulcro.io’s Designated Agent at the address listed above if you have received notice from Pulcro.io that it has removed or disabled access to content on the Site that you provided. Your written counter-notification must contain each of the following:

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled, and the location from where such content was removed or disabled;
A statement from you under the penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled;
Your name, physical address, and telephone number; and
A statement that you consent to the jurisdiction of the Federal District Court in the district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Pulcro.io may be located, and that you will accept service of process from the person that provided the notification of the agent of such person.

ACCOUNT TERMINATION

Pulcro.io may, at its sole discretion, terminate the account or access of any user of the Site who is the subject of repeated DMCA or other infringement notifications.

Trademark Information

Use of any Pulcro.io Trademarks, including the logos, may not be used without prior, written permission from Pulcro.io. Third-party usage of the logos is limited to authorized users and only in accordance with Logo guidelines provided. If you are wanting to use any of our trademarks, please submit a 3rd party license request to the relative party. Any questions concerning the use of these trademarks or any other Pulcro.io names, marks or logos should be directed to legal@pulcro.io.

Intel Trademark Acknowledgement

Ultrabook, Celeron, Celeron Inside, Core Inside, Intel, Intel Logo, Intel Atom, Intel Atom Inside, Intel Core, Intel Inside, Intel Inside Logo, Intel vPro, Itanium, Itanium Inside, Pentium, Pentium Inside, vPro Inside, Xeon, Xeon Phi and Xeon Inside are trademarks of Intel Corporation or its subsidiaries in the U.S. and/or other countries.

Participants in the Pulcro.io Partner Program or other programs should follow the terms of that license.

Privacy

Pulcro.io’s Privacy Statement applies to your use of the Site and is part of these Terms. Please review Pulcro.io’s Privacy Statement and related information about your privacy and Pulcro.io’s use of your information. You acknowledge and agree that you are responsible for:

protecting any account and password information applicable to your use of the Site;
restricting the use and access to your computer, smartphone, or other device used to access the Site; and
any activity that occurs under your account due to your failure to protect such information.

Communicating Electronically

When you use the Site, you are communicating with Pulcro.io. You agree to receive electronic communications related to your use of the Site. Pulcro.io may communicate with you by email or by posting notices on the Site. You agree that all such communications meet any legal rule that those communications be in writing. Pulcro.io may provide notices to you via email or by posts on the Site, and those notices are effective on the date that Pulcro.io sends or posts them.

Export

All Pulcro.io Content is subject to U.S. export control and economic sanctions laws and regulations and may also be subject to the laws of the country where you reside.

Disclaimers

You agree that you take full responsibility for your use of the Site. Pulcro.io provides the Site and all Pulcro.io Content on an “as is” and “as available” basis. Specifically, Pulcro.io:

makes no representation or warranty of any kind;
disclaims all warranties, including warranties of merchantability, fitness, accuracy, non-infringement, or operation; and
does not guarantee that the Site and Pulcro.io Content will be free of errors or defects.

Limitation of Liability

Pulcro.io is not liable under any legal theories (including negligence) for any type of damages, even if Pulcro.io knew of the possibility of such damages. Pulcro.io is not liable for loss of data or profits arising from your use or inability to use the Site or the Pulcro.io Content. If your use of the Pulcro.io Content results in the need for servicing, repairing, or correcting any products or data, you will pay for those repairs. Some jurisdictions restrict the exclusion or limitation of certain damages, so this provision may not apply to you.

Indemnification

You agree to indemnify, defend, and hold Pulcro.io and its agents, employees, and licensors harmless from and against every third party claim and expense, including reasonable attorneys’ fees, related in any way to your use of the Site or your violation of these Terms.

Miscellaneous

These Terms do not create any legal relationship between you and Pulcro.io.
Pulcro.io’s failure to enforce a right does not mean that Pulcro.io has waived that right.
If a court or other tribunal finds any provision of these Terms unenforceable, Pulcro.io will change that provision only to the extent necessary to make it enforceable. Other terms will remain in full force and effect.
Any interpretation of these Terms will look at fair meaning, and ambiguities must not be construed for or against any party.
Pulcro.io may assign its rights under these Terms, but you may not do so.
These Terms, together with any other terms that you agree to when using the Site, comprise the entire agreement between Pulcro.io and you about your use of this Site.
Headings are for reference only.
These Terms supersede any prior agreements with Pulcro.io about using this Site and its content.
Pulcro.io’s direct and indirect subsidiaries are third party beneficiaries of these Terms.

Governing Law; Dispute Resolution

You agree that the laws of the state of Texas will govern any claim or dispute relating to these Terms, the Site, Pulcro.io Content, your access to and use of the Site, or any combination of these items (the “Dispute”), without regard to Texas conflicts of laws principles. You agree to submit to, and waive any objection to, the personal and exclusive jurisdiction of and venue in the federal and state courts located within Williamson and Travis County, Texas. Before you or Pulcro.io file any lawsuit regarding a Dispute, you and Pulcro.io will attempt to resolve the Dispute through negotiation or through mediation using a mutually agreeable mediator. You and Pulcro.io will treat the existence or results of any negotiation or mediation as confidential. If the parties are unable to resolve the Dispute within thirty days of notice of the Dispute to the other party, the parties will be free to pursue all remedies available at law or equity. Notwithstanding the foregoing, either party has the right to seek a temporary restraining order, preliminary injunction, or other equitable relief from a court of competent jurisdiction to preserve the status quo, prevent irreparable harm, avoid the expiration of any applicable limitation periods, or preserve a superior position with respect to other creditors.

Contact Us

Pulcro.io owns this Site. If you have a question or complaint about the Site, please contact us. If you have a question about Pulcro.io’s collection or use of personal information, please see Pulcro.io’s Privacy Statement or contact privacy@pulcro.io. California residents may also send complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Effective Date: October 6, 2024

Last Updated: October 6, 2024