POMNOTE website may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of POMNOTE website. POMNOTE website is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. POMNOTE website is not responsible for webcasting or any other form of transmission received from any Linked Site. POMNOTE website is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the POMNOTE Service.
You are responsible for maintaining the security of your account, passwords, and files. We will accept instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information as determined by us in our discretion, by email or by phone, or through a Third Party Service, if any, through which you access the POMNOTE website. We have no knowledge of your organizational structure, including if you are registering for the POMNOTE website as an entity, or your personal relationships, if you are a person. We shall not be responsible for the actions of any individuals who misuse or misappropriate your assets using your username and password or other appropriate account identifying information.
Website prohibits the use of the Service by any person or entity that: Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; dating services; adult “swinger” promotions; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons. Displays or markets material that exploits children, or otherwise exploits children under 18 years of age. Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events. Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content. Posts or discloses any personally identifying information or private information about children without their consent (or their parents’ consent in the case of a minor). Sells or promotes any products or services that are unlawful in the location at which the content is posted or received. Introduces viruses, worms, harmful code and/or Trojan horses on the Internet. Engages in any libelous, defamatory, scandalous, threatening, or harassing activity. Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence. Markets to third party voter registration lists. Provides content, including assets, of authors, artists, photographers or others without the express written consent of the content owner. We may, in our sole discretion, immediately disable your access to Service if we believe, in our sole discretion, that you have violated any of the policies listed above or this Agreement.
THE POMNOTE WEBSITE INCLUDING BUT NOT LIMITED TO MOBILE APPLICATION AND WIDGETS IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE POMNOTE WEBSITE IS WITH YOU, INCLUDING, WITHOUT LIMITATION, RISKS ASSOCIATED WITH THE PRESENCE OF ADWARE, VIRUSES, SPYWARE, AND/OR WORMS, ETC. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT POMNOTE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. POMNOTE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE POMNOTE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, POMNOTE MAKES NO WARRANTY THAT THE POMNOTE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE POMNOTE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE POMNOTE WEBSITE WILL BE CORRECTED. POMNOTE MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE POMNOTE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE POMNOTE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE POMNOTE WEBSITE OR FROM POMNOTE, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE POMNOTE PARTIES”) SHALL CREATE ANY WARRANTY. POMNOTE DISCLAIMS ALL EQUITABLE INDEMNITIES. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL POMNOTE WEBSITE OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTIONS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “POMNOTE WEBSITE ”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF POMNOTE WEBSITE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, POMNOTE WEBSITE IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF POMNOTE WEBSITE TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO [ USD 100], LESS ANY DAMAGES PREVIOUSLY PAID BY POMNOTE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
POMNOTE and any other product or service name or slogan or logo contained in the POMNOTE website including but not limited to mobile application and widgets are trademarks of POMNOTE or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of POMNOTE or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with POMNOTE or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing any name, trademark, or product or service name of POMNOTE without POMNOTE’s prior written permission. In addition, the look and feel of the website (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of POMNOTE and may not be copied, imitated, or used (in whole or in part) without POMNOTE’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by POMNOTE.
Company may change the Terms from time to time, at its sole discretion and without any notice. We will notify You regarding substantial changes of these Terms on the homepage of the Site and/or we will send You an e-mail regarding such changes to the e-mail address that You provided in the registration form. Such substantial changes will take effect five (5) business days after such notice was provided on our website or sent by email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and Your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.