Website Terms of Use
Last Updated: October 31, 2026
These Website Terms of Use (“Terms”) govern your access to and use of the Website (defined below). These Terms are between Pulver Digital, LLC, an Arizona limited liability company (“Pulver Digital,” “we,” “us,” or “our”), and the individual or entity that accesses or uses the Website (“you” or “your”).
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE WEBSITE, OR BY SUBMITTING A CONTACT FORM OR OTHER INFORMATION THROUGH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ACCESS OR USE THE WEBSITE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE WEBSITE.
1. DEFINITIONS
“Client Agreement” means a master services agreement, statement of work, managed-services agreement, subcontract, or other written agreement executed by Pulver Digital, whether directly with a client or through a managed service provider or other intermediary, that governs Pulver Digital’s provision of Professional Services.
“Privacy Policy” means Pulver Digital’s Privacy Policy, available at www.pulverdigital.com/privacy, as updated from time to time.
“Professional Services” means the information-technology services, technical consulting services, and related professional services that Pulver Digital provides under a Client Agreement.
“Pulver Digital Content” means the Website and all text, articles, graphics, images, designs, logos, page layouts, software, code, and other materials made available by or on behalf of Pulver Digital through the Website, regardless of format, and all intellectual property and proprietary rights in the foregoing.
“Submission” means any information or material that you submit, upload, or otherwise provide through a contact form or other feature of the Website, including your contact information and the content of your message.
“Website” means the Pulver Digital website located at www.pulverdigital.com and any related webpage, form, or online content that links to these Terms.
2. ACCEPTANCE; ACCESS TO THE WEBSITE
2.1. Acceptance. These Terms govern your access to and use of the Website. You accept these Terms by accessing or using the Website or by submitting a Submission. If an individual accepts these Terms on behalf of an entity, that individual represents and warrants that he or she has authority to bind that entity. If you do not agree to these Terms, you may not access or use the Website.
2.2. Eligibility. The Website is intended for individuals who are at least 18 years of age. By accessing or using the Website or submitting a Submission, you represent that you are at least 18 years of age.
2.3. Access Rights. Subject to your compliance with these Terms, Pulver Digital grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and view the Website solely for informational purposes, including to evaluate whether to engage Pulver Digital for Professional Services.
2.4. Changes to the Website. Pulver Digital may modify, suspend, or discontinue the Website or any content, feature, or functionality of the Website at any time, without notice or liability. Pulver Digital does not guarantee that the Website or any Pulver Digital Content will be available at any particular time.
2.5. Updates to These Terms. Pulver Digital may update these Terms from time to time by posting an updated version on the Website. The updated Terms will be effective when posted unless a later effective date is stated. Your continued access to or use of the Website after the updated Terms become effective constitutes acceptance of the updated Terms.
3. USE RESTRICTIONS AND YOUR RESPONSIBILITIES
3.1. Acceptable Use. You will use the Website only in accordance with these Terms and applicable law. You will not, and will not permit any third party to: (a) access or use the Website except as expressly authorized; (b) scrape, crawl, mirror, bulk-download, copy, or reproduce the Website or Pulver Digital Content or any portion thereof, except that search engines may index the Website for the purpose of creating publicly available search indices; (c) reverse engineer, decompile, decrypt, disassemble, or attempt to derive source code or non-public components of the Website except to the extent such restriction is prohibited by law; (d) modify, translate, adapt, or create derivative works of the Website or Pulver Digital Content; (e) sell, resell, sublicense, republish, or otherwise commercially exploit the Website or Pulver Digital Content; (f) interfere with, disrupt, overload, probe, scan, or test the vulnerability of the Website or related systems, including through penetration testing, vulnerability scanning, or other security assessment, unless Pulver Digital has expressly authorized the activity in writing; (g) bypass access controls, security measures, or rate limits; (h) use the Website or Pulver Digital Content to develop, train, fine-tune, or improve any artificial-intelligence or machine-learning model, dataset, or competing product or service; (i) remove, alter, or obscure any copyright or proprietary notices; (j) submit false, misleading, or fraudulent information, impersonate any person or entity, or misrepresent your affiliation with any person or entity; (k) use the Website to send spam or other unsolicited commercial messages; or (l) transmit material that is obscene, objectionable, infringing, or unlawful, or that contains viruses or other harmful computer code or files.
3.2. Submissions. You represent and warrant that each Submission is accurate and that you have the right to provide it, including any information you provide about another individual. You grant Pulver Digital a non-exclusive, worldwide, royalty-free license to use, copy, store, and process Submissions to respond to you, to evaluate and pursue a potential business relationship, and otherwise as described in the Privacy Policy.
3.3. No Confidential or Sensitive Information. Do not submit passwords, access credentials, network or security configurations, confidential or proprietary business information, or sensitive personal information through the Website. Except for Pulver Digital’s handling of personal information as described in the Privacy Policy, Pulver Digital does not assume any confidentiality obligation with respect to Submissions unless and until a Client Agreement or other written confidentiality agreement signed by Pulver Digital provides otherwise.
3.4. Your Systems and Decisions. You are responsible for your networks, devices, internet connectivity, and configurations, and for all technology, operational, legal, compliance, and business decisions you make in reliance on the Website or Pulver Digital Content.
4. NO CLIENT RELATIONSHIP; WEBSITE CONTENT DISCLAIMERS
4.1. No Client Relationship. Your use of the Website, submission of a Submission, request for a consultation, or other communication with Pulver Digital through the Website does not create a client, consulting, agency, fiduciary, or other professional relationship between you and Pulver Digital, and does not obligate Pulver Digital to respond to you, provide any services, or enter into any agreement. A client relationship arises only under a Client Agreement.
4.2. Client Agreements Control. Professional Services are governed exclusively by the applicable Client Agreement. These Terms govern only the Website and do not govern, modify, or supplement any Client Agreement. If there is a conflict between these Terms and a Client Agreement, the Client Agreement controls. Descriptions of services, capabilities, certifications, partnerships, case studies, results, and pricing on the Website are for general informational purposes only, are not offers capable of acceptance, and do not constitute a warranty or commitment. Case studies and results described on the Website do not guarantee similar outcomes. The scope, deliverables, fees, and other terms of any Professional Services are established solely in a Client Agreement.
4.3. Informational Content; No Professional Advice. Pulver Digital Content, including articles, guides, recommendations, and examples, is provided for general informational purposes only and is not technical, security, legal, regulatory-compliance, or other professional advice for your particular systems or circumstances. Technology environments differ, and Pulver Digital Content may be incomplete, outdated, or unsuitable for your environment. You should not act or refrain from acting based on Pulver Digital Content without engaging appropriately qualified professionals, and any implementation of information from the Website is at your sole risk.
4.4. Third-Party Products and Marks. References on the Website to third-party products, services, vendors, platforms, or certifications are for identification and informational purposes only and do not imply endorsement by, or affiliation with, the third party unless expressly stated. Third-party trademarks are the property of their respective owners.
4.5. Third-Party Websites. The Website may contain links to third-party websites and services, such as LinkedIn. Pulver Digital does not control and is not responsible for third-party websites, content, products, or services. Your use of them is governed by the third party’s terms and privacy practices, not these Terms, and any engagement you pursue with a third party is at your own discretion and risk.
5. PRIVACY; ANALYTICS; SECURITY
5.1. Privacy Policy. Pulver Digital’s collection, use, disclosure, and other processing of personal information in connection with the Website is described in the Privacy Policy. The Privacy Policy is a privacy notice and does not modify these Terms.
5.2. Cookies, Analytics, and Session Replay. You acknowledge that the Website uses cookies and analytics technologies, including Google Analytics and PostHog, and that these technologies record information about your interactions with the Website, including through session-replay and heatmap features, as described in the Privacy Policy. By accessing or using the Website, you consent to that collection and use. You may limit this collection through your browser settings and the other means described in the Privacy Policy.
5.3. Security. Pulver Digital maintains commercially reasonable safeguards designed to protect the Website and information submitted through it. You acknowledge that no internet-based service can be guaranteed to be perfectly secure and without security risks, and you accept such risks by using the Website.
6. PULVER DIGITAL INTELLECTUAL PROPERTY; FEEDBACK
6.1. Pulver Digital Ownership. Pulver Digital and its licensors retain all right, title, and interest in and to Pulver Digital Content and all improvements, modifications, derivatives, and intellectual property rights in the foregoing. The Pulver Digital name and logo, and related names, logos, and slogans, are trademarks of Pulver Digital and may not be used without Pulver Digital’s prior written permission. All rights not expressly granted are reserved by Pulver Digital and its licensors.
6.2. Feedback. If you provide comments, ideas, recommendations, or other feedback regarding the Website or Pulver Digital, you grant Pulver Digital a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use the feedback without restriction or compensation, provided Pulver Digital does not identify you as the source without your consent.
7. DISCLAIMERS
7.1. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, (A) THE WEBSITE AND PULVER DIGITAL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”; AND (B) PULVER DIGITAL AND ITS LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PULVER DIGITAL DOES NOT WARRANT THAT THE WEBSITE OR PULVER DIGITAL CONTENT WILL BE ERROR-FREE, ACCURATE, CURRENT, UNINTERRUPTED, SECURE, FREE FROM HARMFUL CODE, OR SUITABLE FOR ANY PARTICULAR SYSTEM, ENVIRONMENT, PROJECT, OR PURPOSE.
7.2. Client Agreements. This Section 7 does not limit or modify any warranty that Pulver Digital expressly provides in a Client Agreement.
8. INDEMNIFICATION
8.1. Indemnity. You will defend, indemnify, and hold harmless Pulver Digital and its members, managers, employees, contractors, agents, licensors, suppliers, and service providers (“Indemnified Parties”) from and against third-party claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) your Submissions; (b) your use of the Website in breach of these Terms; or (c) your violation of law or third-party rights. You may not settle a claim in a manner that admits fault by an Indemnified Party or imposes obligations on an Indemnified Party without Pulver Digital’s prior written consent.
9. LIMITATION OF LIABILITY
9.1. Damages Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PULVER DIGITAL NOR ITS LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING BUSINESS INTERRUPTION OR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR USE DAMAGES) ARISING OUT OF OR RELATING TO THE WEBSITE, PULVER DIGITAL CONTENT, OR THESE TERMS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2. General Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PULVER DIGITAL’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE, PULVER DIGITAL CONTENT, OR THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE CAP APPLIES IN THE AGGREGATE ACROSS ALL CLAIMS AND PROCEEDINGS.
9.3. Exceptions; Client Agreements. The limitations in Sections 9.1 and 9.2 do not limit liability that cannot be limited by law. Liability arising out of or relating to Professional Services is governed by the applicable Client Agreement and not by this Section 9.
9.4. Allocation of Risk. You agree that this Section 9 is an essential basis of the bargain and applies regardless of the theory of liability and whether a remedy fails of its essential purpose.
10. SUSPENSION; TERMINATION
10.1. Suspension and Termination. Pulver Digital may suspend, restrict, or terminate your access to all or any part of the Website at any time, for any reason, without notice or liability, including if Pulver Digital reasonably believes you have breached these Terms.
10.2. Survival. Sections herein that by their nature should survive termination will survive.
11. MISCELLANEOUS
11.1. Governing Law; Venue; Jury Waiver. These Terms are governed by the laws of the State of Arizona, excluding conflict-of-law rules. Subject to Section 11.2, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Arizona for any dispute arising out of or relating to these Terms or the Website. Disputes arising out of or relating to Professional Services are governed by the applicable Client Agreement. EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE.
11.2. Informal Dispute Resolution; Equitable Relief. Before filing litigation, the parties will attempt in good faith to resolve disputes for at least thirty (30) days after written notice describing the dispute. However, each party acknowledges that damages alone may be an inadequate remedy for breach of these Terms pertaining to protection of a party’s intellectual property rights or the security of the Website. Accordingly, each party will have the right, in addition to any other remedies available at law or in equity, to seek injunctive relief to restrain any breach, threatened breach, or otherwise to specifically enforce these Terms without the posting of bond or proving actual damages.
11.3. CLASS ACTION WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.
11.4. Notices. Notices to Pulver Digital must be in writing and delivered by personal delivery, reputable overnight courier, or certified or registered mail to Pulver Digital, LLC, 14818 North 74th Street, Scottsdale, AZ 85260, or via email to notice@pulverdigital.com. Pulver Digital may provide notices to you at the email address included in your Submission or by posting them on the Website. Notices are effective upon receipt. An email notice will be deemed to have been duly given and received on the date and time it is sent, provided the sender does not receive an automated “bounce-back” or delivery failure message.
11.5. Assignment. You may not assign these Terms without Pulver Digital’s prior written consent. Pulver Digital may assign these Terms without your consent, including in connection with a merger, reorganization, financing, sale of assets, or change of control. Any prohibited assignment is void.
11.6. Force Majeure. Neither party is liable for delay or failure to perform due to events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, governmental actions, utility failures, internet or telecommunications failures, cyberattacks, or third-party hosting failures.
11.7. Entire Agreement; Amendment; Severability; Waiver. These Terms are the entire agreement between you and Pulver Digital regarding the Website and supersede all prior or contemporaneous agreements or representations regarding that subject matter. These Terms do not supersede, modify, or otherwise affect any Client Agreement. Except as stated in Section 2.5, these Terms may be amended only by a written instrument signed by both parties. If a provision is unenforceable, it will be modified to the minimum extent necessary to make it enforceable or severed, and the remaining provisions will remain in effect. Failure to enforce a provision is not a waiver.
11.8. Relationship; No Third-Party Beneficiaries. These Terms do not create a partnership, joint venture, agency, fiduciary, employment, or franchise relationship. Except for the Indemnified Parties and Pulver Digital’s licensors, suppliers, and service providers as expressly protected in these Terms, there are no third-party beneficiaries.
11.9. Electronic Communications and Records. You consent to receive communications from Pulver Digital electronically and agree that electronic records, including records of your access to the Website and your Submissions, may be used to evidence your acceptance of these Terms.