Please read these Terms of Service ("Terms") carefully before using the NetSuite Pulse application operated by Businessance, LLC ("we", "us", or "our").
By accessing or using our service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the service.
Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis. You may cancel your subscription at any time through the billing portal, but we do not issue refunds for partial billing periods.
The Service and its original content, features, and functionality are and will remain the exclusive property of Businessance, LLC and its licensors. The Service is protected by copyright, trademark, and other laws.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Businessance, LLC makes no representations or warranties of any kind, express or implied, regarding the uptime, accuracy, or availability of your NetSuite environment or the Service. We are a monitoring tool, not an insurance policy or a system of record.
NetSuite Pulse provides data on a near real-time basis, subject to natural synchronization intervals (typically 10 to 15 minutes) and third-party API availability. Businessance, LLC makes no warranties regarding the absolute accuracy, completeness, or timeliness of the data displayed. You acknowledge that data may be delayed and agree that Businessance, LLC is not liable for any business decisions, delayed shipments, or operational disruptions resulting from such delays.
In no event shall Businessance, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any unauthorized access to or use of our secure servers and/or any personal information stored therein; or (iii) any failure of the NetSuite API or third-party infrastructure.
You agree to defend, indemnify and hold harmless Businessance, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
These Terms shall be governed and construed in accordance with the laws of the State of Nevada, United States, without regard to its conflict of law provisions. You explicitly agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be instituted exclusively in the state or federal courts located in Clark County, Nevada.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
To ask questions or comment about these Terms of Service, contact us at: support@netsuitepulse.com.
