1. Terms and Conditions of Use. These Terms and Conditions of Use (these “Terms”) apply to Poten.com (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. This Website contains a link to Poten’s extranet (the “Poten Portal”), use of which is restricted to authorized users and subject to additional terms and conditions.
2. Please Read These Terms 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, please do not access this Website.
3. Changes to these Terms. 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, will indicate acceptance by you of such rules, changes or modifications.
4. 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.
5. 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.
6. 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 of the Services), 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, trademarks, 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.
7. Poten Portal. You may not access the Poten Portal unless you are an authorized user. By accessing the Poten Portal, you signify your agreement to be bound by the terms and conditions of its use, including, without limitation, confidentiality obligations.
8. DISCLAIMER. NEITHER POTEN NOR ANY OF ITS REPRESENTATIVES MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THIS WEBSITE, THE MATERIALS, INFORMATION OR THE SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE. POTEN HEREBY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT AND TITLE, AND WARRANTIES THAT THIS WEBSITE AND THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF ERRORS OF VIRUSES. POTEN AND ITS REPRESENTATIVES DO NOT REVIEW OR VERIFY THE CONTENT CONTAINED IN OTHER SERVICES AND ARE NOT RESPONSIBLE, IN ANY MANNER, FOR THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR OTHERWISE.
9. 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 direct, 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.
10. 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.
11. Governing Law. These 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 these 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.
12. 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.
13. 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.
1. Terms and Conditions of Use. This material has been compiled by gathering market intelligence from various public and industry sources which is subject to limited validation procedures and may include estimates or judgments. No representation or warranty, express or implied, is made as to the fairness, accuracy, completeness or correctness of the information, opinions and conclusions contained in this report. To the maximum extent permitted by law, Poten & Partners, Inc., together with its affiliates and their respective officers, directors, employees and agents disclaim any liability (including without limitation any liability arising from fault or negligence) for any loss arising from any use of this report or its contents or otherwise arising in connection with this report.