1. Terms and Conditions of Use. These Terms and Conditions of Use (these "Terms") apply to Poten Portal (this "Website") and all documents, data and services presented therein (collectively, the "Services"). Certain sections and pages of this Website may contain separate terms and conditions, which are in addition to these Terms. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. This Website may contain, link, frame or otherwise present websites, documents, data and services not owned by Poten & Partners (collectively, the "Other Services") which may be subject to separate terms and conditions.
2. Please Read These Terms And Conditions Of Use Carefully Before Using This Website. By accessing this Website, you signify your agreement to be bound by the terms and conditions below. If you do not agree with these terms and conditions of use, please do not access this Website.
3. Changes to Terms and Conditions of Use. We reserve the right, at our discretion, to change, modify, add or remove all or portions of these terms at any time. Your continued use of this Website now, or following the posting of notice of any changes in these terms and conditions, will indicate acceptance by you of such rules, changes or modifications.
4. Registration. The Registration page requires new users to enter basic demographic information. Registration is not effective unless users accept the Terms of Use and enter and verify their passwords. Users may login and access public areas of this Website once basic demographic information is submitted. Self-registered users are provided Guest level rights that provide limited access to portal features and do not support personalization. More advanced access may be obtained by e-mailing the portal administrator at portaladmin@poten.com.
5. User Codes. As part of the registration process, you will select a User Name and password (collectively, "User Codes."). As a registered user you are responsible for the confidentiality of the User Codes, and hereby agree that the User Codes are for your personal use only and you will not provide them to any third party. You are responsible for all acts or omissions that occur while your User Codes are being used. Poten is not responsible for any breach of security caused by your failure to maintain the confidentiality of your User Codes. You agree to immediately notify Poten in the event that any or all of your User Codes are lost or stolen, there is a possible or actual unauthorized use of this Website or the Services, or you believe that the confidentiality of any or all of your User Codes has been compromised in any way. Poten hereby reserves the right to modify or revoke your User Codes at any time without prior notice.
6. Fees And Payments. Portions of this Website are only available to paid subscribers. Poten reserves the right to revoke access in the event a User fails to adhere to the terms of subscription. Poten reserves the right to charge fees for access to portions of this Website or the Website as a whole. However, in no event will you be charged for access unless we obtain your prior agreement to pay such charges.
7. Links To Third Party Sites. Poten does not control the availability and content of Other Services and is not responsible for the content, or any changes or updates to such sites. The Other Services are provided to you only as a convenience, and their inclusion does not imply endorsement by Poten.
8. Materials Provided. Poten has used reasonable efforts in collecting, preparing and providing quality information and materials, but does not warrant or guarantee the accuracy, completeness, or adequacy of the information contained in this Website or the Services.
9. Use Of Software. Any software and accompanying documentation that is made available to download from this Website are the copyrighted work of Poten and/or its suppliers. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software.
10. Restrictions On Use Of Materials. Unless otherwise noted (whether in this Website, in the materials contained herein or in separate subscription agreements relating to any Service), all materials contained in this Website (including documents, reports, publications, data, database structures, software code, images, illustrations, graphs, charts, designs and icons; collectively, the "Materials") are protected by copyrights, trademarks, and/or other intellectual properties laws. No Materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, provided, however, you may download, where specifically permitted, one copy of the reports and publications on any single computer for your personal use only, provided you keep intact all copyright and other notices. You may not store any of the Materials in any intranet, extranet or other electronic system that provides access to more than one person.
Notwithstanding the foregoing, the design and layout of this Website are protected by copyrights, patents, trademark, and other laws and may not be copied, downloaded or imitated in whole or in part. No logo, graphic, or image from this Website may be copied or retransmitted unless expressly permitted by Poten or the owner thereof.
11. Confidentiality. Poten may disclose to Users through this Website information that is confidential, proprietary or otherwise not generally available to the public. You agree that you shall treat such information as confidential and neither disclose nor copy, reproduce, republish, uploaded, post, transmit, or distribute such information in any way. Confidential information does not include (i) information which is or becomes generally available to the public other than as a result of a disclosure in violation of this Agreement or another confidentiality undertaking, (ii) information which was already known to the User prior to being furnished pursuant to this Agreement, and (iii) information which becomes available on a non-confidential basis from a source other than Poten if such source was not subject to any prohibition against transmitting the information to Poten.
12. Disclaimer. Poten and its representatives make no representations about the suitability of the Materials or Services. All Materials and Services are provided without warranty of any kind, either express or implied. Poten and its representatives hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Poten does not warrant that this Website and the Services will be uninterrupted or error-free, that defects will be corrected, or that this Website is free of viruses or other harmful components. Poten does not warrant or make any representations regarding the use or the results of the materials in this Website in terms of their correctness, accuracy, reliability, or otherwise.
13. Limitation Of Liability. In no event shall Poten and/or its affiliates and any of their respective officers, directors, employees, or agents be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of this Website or with the delay or inability to use this Website, the Services or the Other Services.
14. Jurisdiction. Unless otherwise specified, the materials in this Website are presented solely for the purpose of informational use in the United States, its territories, possessions, and protectorates, as well as all international countries that are entitled to conduct business with the United States. This Website is controlled and operated by Poten from its offices within the State of New York. Poten makes no representation that content or materials in this Website, the Materials, the Services or the other Services are appropriate or available for use in other jurisdictions.
This Website is not intended for distribution to, or use by, any person or entity, or any jurisdiction or country where such distribution or use would be contrary to local law or regulation or would subject Poten or any of its affiliates to any liability.
You may not access this Website, the Materials, the Services or the Other Services from jurisdictions where such access is illegal or prohibited or where such access would subject Poten or its affiliates to any liability.
You may not use this Website, the Materials, the Services or the Other Services in violation of U.S. export laws and regulations. The U.S. export control laws regulate the distribution of materials and services originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. Users agree to abide by these laws and their regulations and not to transfer, by electronic transmission or otherwise, any Materials, Services, Other Services or other content derived from this Website to either a foreign national or a foreign destination in violation of such laws.
15. Governing Law. The Terms shall be governed by and construed in accordance with the laws of the State of New York. You agree that any action at law or in equity arising out of or relating to the Terms, this Website, the Materials, the Services or the Other Services shall be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, waive any objection to the laying of venue of any such litigation in New York Courts, and agree not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum.
16. Severability. The provisions of these Terms are intended to be severable. If for any reason any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these terms and shall not affect the validity and enforceability of any remaining provisions.
17. Entire Agreement. The Terms, together with the other terms and conditions referred to in Section 1 above, represent the entire agreement between you and Poten relating to the subject matter herein and shall not be modified except as provided herein or in a writing, signed by both parties. Any rights not expressly granted herein are reserved.
