Terms of Use

TERMS OF USE AGREEMENT

3CG MarketplacePulse LLC, a Delaware limited liability company (“Marketplace Pulse,” “we,” “our,” or “us”), provides market research, data analytics, and trend analysis content through its website and email newsletter (collectively, the “Services”). This Terms of Use Agreement (“Agreement”) governs your access to and use of our Services.

This Agreement is effective when you access or use the Services. By accessing or using the Services, you agree to be bound by the terms of this Agreement. If you do not wish to be bound by the terms of this Agreement, you must immediately discontinue your use of the Services.

We reserve the right to change, modify, rescind, or remove the terms of this Agreement at any time and without prior notice. Your continued use of the Services after any change constitutes your acceptance of such change. If you do not agree with these terms, you must immediately discontinue your use of the Services.

NOTICE OF ARBITRATION

THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND MARKETPLACE PULSE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

NOTICE OF LIMITATION OF LIABILITY

THIS TERMS OF USE AGREEMENT CONTAINS A LIMITATION OF LIABILITY CLAUSE THAT LIMITS MARKETPLACE PULSE’S TOTAL MONETARY LIABILITY TO $1,000. YOU ARE INSTRUCTED TO REVIEW THIS LIMITATION OF LIABILITY AND, IF YOU DO NOT AGREE WITH IT, TO DISCONTINUE YOUR USE OF THE SERVICES IMMEDIATELY.

Warranties

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is thirteen (13) years of age or older and that you are not a bot, script, or other computer or machine. You warrant that you are not prohibited from assenting to this Agreement by any preexisting agreement. If you are using the Services on behalf of a third party, including but not limited to a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.

Privacy Notice

We have adopted a Privacy Notice to disclose to you our collection, use, and disclosure of personal and personally identifiable information. You are directed to review our Privacy Notice, which is incorporated into this Agreement by reference.

Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with this Agreement. You agree not to:

  • Use the Services in any way that violates any applicable federal, state, local, or international law or regulation
  • Use the Services to transmit, or procure the sending of, any advertising or promotional material without our prior written consent Impersonate or attempt to impersonate Marketplace Pulse, a Marketplace Pulse employee, another user, or any other person or entity
  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which may harm Marketplace Pulse or users of the Services
  • Use any robot, spider, scraper, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services
  • Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose
  • Use any device, software, or routine that interferes with the proper working of the Services
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack
  • Otherwise attempt to interfere with the proper working of the Services

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Marketplace Pulse, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may access and use the Services for your personal, non-commercial use. You may share and cite our content with proper attribution to Marketplace Pulse. Except as expressly permitted above, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent.

Newsletter Subscription

When you subscribe to our email newsletter, you consent to receive periodic emails from us containing market research, data analytics, trend analysis, and related content. You may unsubscribe from our newsletter at any time by clicking the unsubscribe link in any email or by contacting us at [email protected].

Third-Party Content and Advertising

The Services may contain advertisements from third parties and links to third-party websites. We do not endorse or assume any responsibility for any third-party sites, information, materials, products, or services. Your interactions with advertisers and third-party websites are solely between you and such third parties. You agree that Marketplace Pulse is not responsible or liable for any loss or damage incurred as a result of any such interactions or the presence of such advertisers or third parties on the Services.

Disclaimer of Warranties and Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT.

MARKETPLACE PULSE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT, INFORMATION, OR DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT.

THE CONTENT PROVIDED THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. MARKETPLACE PULSE DOES NOT PROVIDE INVESTMENT, FINANCIAL, LEGAL, OR BUSINESS ADVICE. YOU SHOULD NOT RELY ON THE CONTENT AS THE SOLE BASIS FOR ANY BUSINESS, INVESTMENT, OR FINANCIAL DECISIONS. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT MARKETPLACE PULSE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE SERVICES OR DOWNTIME.

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT MARKETPLACE PULSE’S LIABILITY IS LIMITED TO $1,000 OR THE AMOUNT YOU PAID TO MARKETPLACE PULSE IN THE PAST TWELVE MONTHS, WHICHEVER IS LESS.

Indemnification

You agree to indemnify, defend, and hold harmless Marketplace Pulse, its officers, shareholders, directors, employees, affiliates, and representatives, from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Services, (ii) your violation of any term or condition of this Agreement; (iii) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (iv) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Marketplace Pulse will not provide you with the ability to control Marketplace Pulse’s defense, and Marketplace Pulse reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

ARBITRATION

YOU AND MARKETPLACE PULSE AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICES WILL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES.

EXCEPT FOR CLAIMS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, OR CLAIMS FOR INJUNCTIVE RELIEF BY EITHER PARTY, YOU AND MARKETPLACE PULSE AGREE THAT ANY DISPUTE OR CONTROVERSY ARISING OUT OF, IN RELATION TO, OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DISPUTES, CLAIMS (WHETHER IN TORT, CONTRACT, STATUTORY, OR OTHERWISE), OR DISAGREEMENTS CONCERNING THE EXISTENCE, BREACH, INTERPRETATION, APPLICATION, OR TERMINATION OF THIS AGREEMENT, WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT.

THIS ARBITRATION WILL BE HELD THROUGH THE PLATFORM PROVIDED BY NEW ERA ADR, INC. (https://app.neweraadr.com) (THE “NEW ERA PLATFORM”) IN ACCORDANCE WITH ITS RULES AND PROCEDURES FOR “VIRTUAL EXPEDITED ARBITRATIONS” BY A PROFESSIONAL NEUTRAL WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL DISPUTES (THE “NEUTRAL”). THE NEUTRAL SHALL BE CHOSEN IN ACCORDANCE WITH THE RULES AND PROCEDURES OF THE NEW ERA PLATFORM. THIS ARBITRATION WILL BE CONDUCTED IN THE ENGLISH LANGUAGE. THE DECISION OF THE NEUTRAL WILL BE FINAL AND BINDING ON THE PARTIES AND JUDGMENT ON ANY AWARD(S) RENDERED BY THE NEUTRAL MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. NOTHING IN THIS SECTION WILL PREVENT EITHER PARTY FROM SEEKING IMMEDIATE INJUNCTIVE RELIEF FROM ANY COURT OF COMPETENT JURISDICTION, AND ANY SUCH REQUEST SHALL NOT BE DEEMED INCOMPATIBLE WITH THE AGREEMENT TO ARBITRATE OR A WAIVER OF THE RIGHT TO ARBITRATE. THE PARTIES UNDERTAKE TO KEEP CONFIDENTIAL ALL AWARDS IN THEIR ARBITRATION, TOGETHER WITH ALL CONFIDENTIAL INFORMATION, ALL MATERIALS IN THE PROCEEDINGS CREATED FOR THE PURPOSE OF THE ARBITRATION, AND ALL OTHER DOCUMENTS PRODUCED BY THE OTHER PARTY IN THE PROCEEDINGS AND NOT OTHERWISE IN THE PUBLIC DOMAIN, SAVE AND TO THE EXTENT THAT DISCLOSURE MAY BE REQUIRED OF A PARTY BY LEGAL DUTY, TO PROTECT OR PURSUE A LEGAL RIGHT OR TO ENFORCE OR CHALLENGE AN AWARD IN LEGAL PROCEEDINGS BEFORE A COURT OR OTHER JUDICIAL AUTHORITY. THE NEUTRAL SHALL AWARD ALL FEES AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, TO THE PREVAILING PARTY. ANY JUDGMENT RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND YOU AND MARKETPLACE PULSE EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS. ANY CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF THE ALLEGED INJURY OR WILL OTHERWISE BE BARRED.

Force Majeure

Marketplace Pulse will not be responsible for any delay or failure in performance of the Services arising out of any cause beyond our control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.

Term and Termination

The term of this Agreement will begin upon your first accessing of the Services and will continue until you cease using the Services. We reserve the right to terminate or suspend access to the Services in our sole and absolute discretion and without prior notice.

Survivability

The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Services, including, but not limited to, your duty to indemnify and defend Marketplace Pulse.

Interpretation

This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

Assignment

You are expressly prohibited from assigning your rights and duties under this Agreement. Marketplace Pulse reserves the right to assign its rights and duties under this Agreement, including in a sale of the company or the Services.

Waiver and Integration

No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is in writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.

Contact Information

All correspondence regarding this Agreement should be addressed to: 3CG MarketplacePulse LLC 16192 Coastal Highway Lewes, Delaware 19958 United States of America [email protected]

Last Updated: October 13, 2025

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