Welcome to the PopoTech Web sites (the "Site"). Through the Site, you have access to a variety of resources and content. These include: (a) software and software as a service offerings ("Software"); (b) Web pages, data, messages, text, images, photographs, graphics, audio and video such as podcasts and Webcasts, and documents such as press releases, white papers and product data sheets ("Materials"); and (c) forums, discussion groups, chat areas, bulletin boards, blogs, wikis, e-mail functions, and other services in connection with which you can upload, download, share, email, post, publish, transmit or otherwise access or make available Content (as defined below) ("Community Services"). Software, Materials, Community Services, and other information, content and services are collectively referred to as "Content." The following are terms of a legal agreement between you ("You" or "Your") and PopoTech Corporation and its affiliated companies ("We" or "PopoTech"). By accessing or using the Site or the Content provided on or through the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided on or through the Site ("Terms of Use") and our Privacy Policy. PopoTech may revise the Terms of Use and Privacy Policy at any time without notice to you. The revised Terms of Use and Privacy Policy will be effective when posted. You can review the most current Terms of Use at https://www.popotech.tk/terms.html and Privacy Policy at http://www.popotech.com/privacy/.
Terms Applicable to Specific Content and Areas of the
Site
Some areas of the Site or Content provided on or
through the Site may have additional rules, guidelines, license
agreements, user agreements or other terms and conditions that apply
to your access or use of that area of the Site or Content (including
terms and conditions applicable to a corporation or other
organization and its users). If there is a conflict or inconsistency
between these Terms of Use and the rules, guidelines, license
agreement, user agreement or other terms and conditions for a
specific area of the Site or for specific Content, the latter shall
have precedence with respect to your access and use of that area of
the Site or Content.
Use of Software
Your use of Software is
subject to all agreements such as a license agreement or user
agreement that accompanies or is included with the Software, ordering
documents, exhibits, and other terms and conditions that apply
("License Terms"). In the event that Software is provided
on or through the Site and is not licensed for your use through
License Terms specific to the Software, you may use the Software
subject to the following: (a) the Software may be used solely for
your personal, informational, noncommercial purposes; (b) the
Software may not be modified or altered in any way; and (c) the
Software may not be redistributed.
Use of Materials
You may download, store,
display on your computer, view, listen to, play and print Materials
that PopoTech publishes or broadcasts on the Site or makes available
for download through the Site subject to the following: (a) the
Materials may be used solely for your personal, informational,
noncommercial purposes; (b) the Materials may not be modified or
altered in any way; and (c) the Materials may not be redistributed.
Use of Community Services
Community Services
are provided as a convenience to users and PopoTech is not obligated
to provide any technical support for, or participate in, Community
Services. While Community Services may include information regarding
PopoTech products and services, including information from PopoTech
employees, they are not an official customer support channel for
PopoTech.
You may use Community Services subject to the following: (a) Community Services may be used solely for your personal, informational, noncommercial purposes; (b) Content provided on or through Community Services may not be redistributed; and (c) personal data about other users may not be stored or collected except where expressly authorized by PopoTech.
Reservation of Rights
The Site and Content
provided on or through the Site are the intellectual property and
copyrighted works of PopoTech or a third party provider. All rights,
title and interest not expressly granted with respect to the Site and
Content provided on or through the Site are reserved. All Content is
provided on an "As Is" and "As Available" basis,
and PopoTech reserves the right to terminate the permissions granted
to you in Sections 2, 3 and 4 above and your use of the Content at
any time.
Your Content
You agree that you will only
upload, share, post, publish, transmit, or otherwise make available
("Share") on or through the Site Content that you have the
right and authority to Share and for which you have the right and
authority to grant to PopoTech all of the licenses and rights set
forth herein. By Sharing Content, you grant PopoTech a worldwide,
perpetual, royalty-free, irrevocable, nonexclusive, fully
sublicensable license to use, reproduce, modify, adapt, translate,
publish, publicly perform, publicly display, broadcast, transmit and
distribute the Content for any purpose and in any form, medium, or
technology now known or later developed. This includes, without
limitation, the right to incorporate or implement the Content into
any PopoTech product or service, and to display, market, sublicense
and distribute the Content as incorporated or embedded in any product
or service distributed or offered by PopoTech without compensation to
you. You warrant that: (a) you have the right and authority to grant
this license; (b) PopoTech's exercise of the rights granted pursuant
to this license will not infringe or otherwise violate any third
party rights; and (c) all so-called moral rights in the Content have
been waived to the full extent allowed by law.
You agree that you will neither use the Site in a manner, nor Share any Content, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer. PopoTech may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.
PopoTech does not want to receive confidential information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with Sharing Content, it shall not be considered confidential information and shall be received and treated by PopoTech on a non-confidential and unrestricted basis and PopoTech shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you Share, other than as specified in PopoTech's Privacy Policy.
Security, Passwords and Means of Accessing the Site and
Content
You agree not to access or use the Site in any
manner that could damage, disable, overburden, or impair any PopoTech
accounts, computer systems or networks. You agree not to attempt to
gain unauthorized access to any parts of the Site or any PopoTech
accounts, computer systems or networks. You agree not to interfere or
attempt to interfere with the proper working of the Site or any
PopoTech accounts, computer systems or networks. You agree not to use
any robot, spider, scraper or other automated means to access the
Site or any PopoTech accounts, computer systems or networks without
PopoTech's express written permission.
If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Site are restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Site. You agree to notify PopoTech immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms of Use.
No Unlawful or Prohibited Use
You agree not
to use the Site, or Content provided on or through the Site, for any
purpose that is unlawful or prohibited by these Terms of Use or the
rules, guidelines or terms of use posted for a specific area of the
Site or Content provided on or through the Site.
Indemnity
You agree to indemnify and hold
harmless PopoTech, its officers, directors, employees and agents from
and against any and all claims, liabilities, damages, losses or
expenses, including reasonable attorneys' fees and costs, due to or
arising out of Content that you Share, your violation of these Terms
of Use or any additional rules, guidelines or terms of use posted for
a specific area of the Site or Content provided on or through the
Site, or your violation or infringement of any third party rights,
including intellectual property rights.
Monitoring
PopoTech has no obligation to
monitor the Site or screen Content that is Shared on or through the
Site. However, PopoTech reserves the right to review the Site and
Content and to monitor all use of and activity on the Site, and to
remove or choose not to make available on or through the Site any
Content in its sole discretion. PopoTech may remove Content that is
confidential or proprietary to a third party without that third
party's permission.
Termination of Use
PopoTech may, in its sole
discretion, at any time discontinue providing or limit access to the
Site, any areas of the Site or Content provided on or through the
Site. You agree that PopoTech may, in its sole discretion, at any
time, terminate or limit your access to, or use of, the Site or any
Content. PopoTech may terminate or limit your access to or use of the
Site if PopoTech determines, in its sole discretion, that you have
infringed the copyrights of a third party. You agree that PopoTech
shall not be liable to you or any third-party for any termination or
limitation of your access to, or use of, the Site or any Content,
including Content that you may have Shared.
Third Party Web Sites, Content, Products and Services
The
Site provides links to Web sites and access to Content, products and
services of third parties, including users, advertisers, affiliates
and sponsors of the Site. PopoTech is not responsible for third party
Content provided on or through the Site or for any changes or updates
to such third party sites, and you bear all risks associated with the
access to, and use of, such Web sites and third party Content,
products and services.
Healthcare
Some of the information contained
on the Site is presented for the purpose of educating consumers on
wellness and disease management topics and/or educating the public on
emerging healthcare issues. Nothing contained in the Site is intended
to be instruction for medical diagnosis or treatment. The information
should not be considered complete, nor should it be relied on to
suggest a course of treatment for a particular individual. It should
not be used in place of the advice of your physician or other
qualified healthcare provider. Information obtained from the Site is
not exhaustive and does not cover all diseases, ailments, physical
conditions or their treatment. Should you have any healthcare related
questions, please consult your physician or other qualified health
care provider promptly. Always consult with your physician or other
qualified healthcare provider before embarking on a new treatment,
diet or fitness program. You should never disregard medical advice or
delay in seeking it because of something you have read on the Site.
The information contained on the Site is compiled from a variety of
sources ("Information Providers"). Neither PopoTech nor the
Information Providers directly or indirectly practice medicine or
dispense medical services as part of the Site.
Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED
OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE,
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. POPOTECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT
PROVIDED ON OR THROUGH THE SITE. POPOTECH MAKES NO WARRANTY THAT: (A)
THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE
AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY
CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE;
OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR
THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
CONTENT PROVIDED ON OR THROUGH THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, TECHNICAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. POPOTECH SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
POPOTECH RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
Limitation of Liability
IN NO EVENT SHALL
POPOTECH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA
OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION
IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE
OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
Exclusions and Limitations
SOME
JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN
WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN
LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID,
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF
USE, INCLUDING THOSE SET FORTH IN SECTIONS 14, 15 AND 16, DO NOT
APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
Privacy Policy
PopoTech is concerned about
your privacy and has developed a policy to address privacy concerns.
For more information, please see PopoTech's Privacy Policy. Any
personal information collected on this Site may be accessed and
stored globally and will be treated in accordance with PopoTech's
Privacy Policy. You understand that PopoTech collects, uses,
processes, possesses, and otherwise stores your personal information
and utilization data and may share such data with third party service
providers for the purpose of improving or providing services subject
to PopoTech's Privacy Policy.
Persons Not of Age of Majority
Persons who
are not of the age of majority are not eligible to use the Site, and
we ask that no information in relation to such persons be submitted
to us.
Export Restrictions/Legal Compliance
You may
not access, download, use or export the Site, or the Content provided
on or through the Site, in violation of U.S. export laws or
regulations, or in violation of any other applicable laws or
regulations. You agree to comply with all export laws, restrictions
and regulations of any United States or applicable agency or
authority, and to not directly or indirectly provide or otherwise
make available any services and products of PopoTech in violation of
any such restrictions, laws or regulations, including, without
limitation, laws, restrictions or regulations pertaining to the
development, design, manufacture or production of nuclear, chemical
or biological weapons or missile technology. As applicable, you shall
obtain and bear all expenses related to any necessary licenses,
authorizations, and/or exemptions with respect to your own use of the
services of PopoTech outside the U.S. Neither the services or
products of PopoTech nor the underlying information or technology may
be downloaded or otherwise provided or made available, either
directly or indirectly, into any country subject to U.S. trade
sanctions, (Supplement No. 1 to Part 740, Export Administration
Regulations, Country Group E:1), to individuals or entities
controlled by such countries, or to nationals or residents of such
countries other than nationals who are lawfully admitted permanent
residents of countries not subject to such sanctions. By agreeing to
these Terms of Use, you agree to the foregoing and represent and
warrant that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
Forward-looking and Cautionary Statements
Statements
set forth in the Site may constitute forward-looking and cautionary
statements within the meaning of the Private Securities Litigation
Reform Act of 1995 or other applicable laws. While these
forward-looking statements represent our current judgment on what the
future holds, they are subject to risks and uncertainties that could
cause actual results to differ materially. You are cautioned not to
place undue reliance on these forward-looking statements, which
reflect our opinions only as of the date such statements are set
forth in the Site. Please keep in mind that we are not obligating
ourselves to revise or publicly release the results of any revision
to these forward-looking statements in light of new information or
future events. You should also review our most recent Form 10-K and
Form 10-Q for a more complete discussion of these factors and other
risks, particularly under the heading "Risk Factors." A
copy of our press release and financial tables which include a GAAP
to non-GAAP reconciliation can be viewed and downloaded on the
PopoTech Investor Relations website at PopoTech.com/investor.
Availability of Products
Information on the
Site may reference or cross-reference PopoTech products, programs, or
services that might not be available in your location. Such
references do not imply that PopoTech plans to make such products,
programs, or services available in your location. Please contact your
PopoTech representative for more information.
Waiver and Severability
The failure of
PopoTech to exercise or enforce any rights or provisions in these
Terms of Use shall not constitute a waiver of such right or
provision. If any part or provision of these Terms of Use is found to
be unenforceable, such part or provision may be modified to make the
Terms of Use as modified legal and enforceable. The balance of the
Terms of Use shall not be affected.
Applicable Laws
All matters relating to your
access to, and use of, the Site and Content provided on or through or
uploaded to the Site shall be governed by U.S. federal law or the
laws of the State of California. Any legal action or proceeding
relating to your access to, or use of, the Site or Content shall be
instituted in a state or federal court in San Francisco or Santa
Clara County, California. You and PopoTech agree to submit to the
jurisdiction of, and agree that venue is proper in, these courts in
any such legal action or proceeding.
Copyright/Trademark
Copyright © 1999, 2023,
PopoTech and/or its affiliates.
PopoTech®, and its products are registered trademarks of PopoTech and/or its affiliates. Other names appearing on the Site may be trademarks of their respective owners.
More information on making claims of copyright infringement. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the rights of the copyright owner. You agree that you will not use the Site or any PopoTech site to infringe PopoTech's Intellectual Property rights or the Intellectual Property rights of others. You may not remove, deface, or overprint any notice of copyright, trademark, logo, or other notice of ownership from any originals or copies of PopoTech software, third party software, or any products or Content you access on or through PopoTech’s Sites.
Contact Information
If you have any
questions regarding these Terms of Use, please contact PopoTech
through our Contact Form.