PokitDok Terms of Service and Sale
Last updated: May 11, 2012
THESE PokitDok TERMS OF SERVICE AND SALE (THE "AGREEMENT") ARE A LEGAL AGREEMENT BETWEEN YOU AND PokitDok, ("PokitDok," "Us," "OUR" OR "WE"), THE OWNER AND OPERATOR OF PokitDok.COM (the "Site") AND ALL SITE-RELATED SERVICES ("Service"). THIS AGREEMENT APPLIES TO ALL VISITORS TO OR USERS OF THE SITE, AND SUBSCRIBERS TO THE SERVICE.
THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE service. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THIS SITE.
MODIFICATIONS AND CHANGES
Changes. We reserve the right at any time and without prior notice, to:
- Add to, change or remove any part, term or condition of this Agreement;
- Change the Site or Service, including by eliminating, modifying or discontinuing any content on or feature of the Site or Service, restricting the hours of its availability or limiting the amount of use permitted; or
- Change any fees or charges for use of the Site or Service, including instituting new or increased fees or charges for the use of the Site or Service or any feature thereof.
Notice. We will notify you of changes to this Agreement by changing the "Last Updated" date above, and by providing notice by any other means, including posting a notice that this Agreement has changed on the Site or Service, or sending an email to your last email address of record if you have provided your email address to us. Any changes we make will be effective immediately upon notice. Your continued use of the Site or Service after such notice constitutes your acceptance of such changes.
Registration. You may access many areas of the Site without registering your details with PokitDok. To access certain areas of the Site, and to use the Service, you must register with us. Each registration is for a single user only. PokitDok does not permit you to share your person.name and password with any other person or with multiple users on a network.
Account Security. You are entirely responsible for all activities that occur under your current_account(s) and for maintaining the confidentiality of your username(s), password(s), and your current_account(s). You also hereby agree to promptly notify us via email at firstname.lastname@example.org of any unauthorized use of your username, password, other current_account information, or any other breach of security that you become aware of involving or relating to the Site or Service. In addition, you agree to take adequate measures to safeguard your information and current_account, including exiting from your current_account at the end of each session. PokitDok is not liable for any loss that you may incur as a result of any unauthorized use of your user current_account and password.
Account Information. You understand and hereby acknowledge that you have no ownership rights in your PokitDok Account, and that if you cancel your PokitDok Account (or your Account is terminated by PokitDok in accordance with this Agreement), we may delete and remove all of your current_account information from any public area of the Site and from the Service. Information may continue to be stored on PokitDok's web servers or retained by third parties as cached copies for the convenience of those entities but will not be accessible to you after termination of your PokitDok Account.
Accurate Information. You hereby agree to provide and maintain true, accurate, current, and complete information about you or your company, where applicable, as prompted by our registration processes or as required for the use of the Service or Site, or any portion thereof. You hereby acknowledge that, if you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your current_account and refuse any and all current or future use of the Site or Service.
Communications from PokitDok and other Users. By creating an current_account, you agree to receive certain communications by email or mobile phone in connection with the Site, including daily or weekly emails regarding Offerings, features, programs and services on the Site. You can opt-out of receiving certain of these communications through an unsubscribe mechanism, but you will still be required to receive certain essential communications regarding your current_account as long as you continue to be a registered user.
Site Information. The term "Site Information" means all information, text, pictures, sound, graphics, scripts, photos, software, designs, design rights, video, data, sounds, music, interactive features, content and the like that is displayed on the Site or Service and any and all other proprietary rights contained therein, including, without limitation, the trademarks, service marks, logos, patent rights, copy rights, other proprietary material, marks or rights, know-how, concept, methods, techniques, ideas and all other intellectual property rights and rights of a similar character whether registered or capable of registration. Site Information does not include User-Generated Content.
Ownership. You hereby expressly acknowledge that PokitDok or it licensors own all legal right, title and interest in the Site Information. PokitDok reserves all rights not expressly granted in and to the Site, Service and Site Information.
Reservation of Rights. Any rights not expressly granted in these terms are reserved.
Unlimited License. The Site or Service may, now or in the future, permit users to submit content, such as comments and reviews and may also provide for the hosting, sharing or publishing of such content ("User-Generated Content"). We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. You hereby grant PokitDok a perpetual, royalty-free, unlimited right to use, share, distribute, disseminate, duplicate and create derivative works from any User-Generated Content that you submit to the Site or Service.
Non-confidential and Non-proprietary. Any User-Generated Content you submit may be publicly available to other Site Users as well as members of the general public. You agree and acknowledge that, without regard to whether such content is published, PokitDok cannot and does not guarantee any confidentiality or security of any User-Generated Content. You further understand and agree that PokitDok does not warrant or verify the accuracy of any User-Generated Content. Your decision to submit, accept or rely on any User-Generated Content is at your own risk.
Liability. You shall also be solely responsible for any User-Generated Content you submit and the consequences of posting or publishing such, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. With respect to any User-Generated Content you submit, you agree you will not: (i) submit any content that is copyrighted, protected by trade secret or otherwise subject to any third party intellectual property rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such content and to grant PokitDok all of the license rights and other rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) use the Site or Service to harm minors in any way; (iv) impersonate any person or entity, including but not limited to, a representative of PokitDok, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site or Service; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or NASDAQ, and any regulations having the force of law; and (ix) collect or store personal data about other Users.
Removal of Content. While we are not obligated to do so, we reserve the right to refuse or remove any User-Generated Content from the Site or Service that we reasonably consider to violate this Agreement or to otherwise be illegal or objectionable. Further, if we deem appropriate in our sole discretion, we reserve the right to preserve a record of any User-Generated Content that we reasonably believe may to be illegally posted or to otherwise violate the law or the rights of a third party, and to turn all or a portion thereof over to law enforcement officials.
Site Monitoring. You hereby acknowledge and agree that PokitDok has the right, but not the obligation, to monitor the Site or Service, the Site Information and any User-Generated Content that you or any third party transmit or post, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site or Service properly, to protect itself, its sponsors, its registered Users and visitors, and to comply with legal obligations or governmental requests. PokitDok also reserves the right to, without advance notice, suspend, block or deny any User access to the Site, Service or Site Information when in PokitDok's sole discretion we believe the User has violated any of the terms of this Agreement.
TERMS OF SALE OF OFFERINGS
PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND POKITDOK AND APPLY TO ALL PURCHASES OF VOUCHERS THROUGH THE SITE.
The Site may include various offers ("Offerings") from third parties ("Merchants") for you to purchase the goods and services of a particular Merchant at a particular price. When you place an order for an Offering, you have agreed to purchase that Offering at the price indicated for that Offering and to accept all terms and conditions associated with that Offering. Some Offering may require a minimum number of purchasers before the Offering becomes valid ("Minimum Threshold"). When have you completed and paid for an Offering, and any Minimum Threshold has been met, you will be issued a voucher ("Voucher") that can be downloaded either to your mobile device or printed off your computer. You must present the Voucher to redeem the Offering, and neither we nor the Merchant are responsible for replacing or honoring any Voucher that is lost, stolen, copied, mutilated or altered. Merchants can choose to sell Offerings at an undiscounted price ("Retail Price") or a discounted price ("Promotional Price"). Offerings sold at the Retail Price are redeemed for the face value of the Voucher. For Offerings sold at a Promotional Price, the Voucher has two portions: the "Paid Portion", which is the amount you paid for the Voucher and the "Promotional Portion", which is the amount the Merchant has discounted its products and service, and is the difference between the face value of the Voucher and the Paid Portion. When redeemed, any charges shall be applied first to the Promotional Portion and then to the Paid Portion. You agree that the Merchant is the issuer of the Voucher, not PokitDok, and that the Merchant is solely responsible for redeeming the Voucher and for providing all goods and services specified on the Voucher.
All Offerings shall be subject to the following general terms, unless otherwise stated on the offering Voucher:
- Vouchers have no cash value and no cash back will be issued for partial redemption of the paid or promotional portion of a Voucher, except as required by law.
- Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher.
- The price you paid for the Voucher does not include sale, use, value added or other taxes and you may be separately charged by the Merchant such taxes when you redeem the Voucher. Vouchers also cannot be used for taxes, tips, prior balances, or shipping or handling.
Restrictions on Vouchers: You may not duplicate, sell, transfer or trade Vouchers. You may only use a Voucher once and you must present the original Voucher when redeeming it. Photocopies will not be accepted.
Expiration Dates for Promotional Portion: Some Offerings may have an expiration date by which the Promotional Portion of the Voucher must be redeemed ("Promotional Offer Period"). If the Voucher is not redeemed within the Promotional Offer Period, the Promotional Portion of the Voucher will expire and you will only be able to redeem the Paid Portion of the Voucher for goods and services of the Merchant equal to the Paid Portion until such Paid Portion is redeemed in full.
Cancellation of Offerings: We reserve the right to cancel any Offerings at any time, with or without notice, in our sole discretion. You agree that in such a case, your sole and exclusive remedy, and our sole and exclusive obligation, is to refund the amount you paid, if any, for the Offering.
Refunds: PokitDok will provide a refund if you change your mind within five (5) days after you have purchased your Voucher and want to 'return' the unused Voucher. After that, we do not provide refunds except that we will provide a refund if you are unable to redeem a Voucher because the Merchant has gone out of business, as determined by us in our sole discretion. There are no refunds for a Voucher that has been used in whole or in part.
NO RESPONSIBILITY FOR MERCHANT OFFERINGS. If you accept or use a Voucher for an Offering, you agree that such Offering is made only by the Merchant named in the Offering and that the Merchant is solely responsible for honoring and redeeming the Voucher and for providing the goods and services specified in the Voucher. You further agree that PokitDok is not obligated to redeem the Voucher, provide the goods and services specified in the Offering, or provide any refunds on the Offering if a Merchant fails to redeem the Voucher or fails to provide the products and services specified in the Voucher, or if you are dissatisfied in any way with those products and services. While we may attempt to assist you and work with a Merchant if you have concerns about an Offering, you acknowledge that by doing so we are not assuming any liability to you relating to the Offering or the products and services provided by that Merchant. You understand and agree that PokitDok makes no guarantees or warranties about any product or service offered by a Merchant, is not responsible for bad services or defective products provided by a Merchant, and is not responsible for any statement, representations or warranties made by a Merchant in a Voucher or Offering. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE, RELEASE AND DISCHARGE POKITDOK AND ANY OF ITS PARENT, SUBSIDIARY AND RELATED COMPANIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, INJURIES, EXPENSES AND CAUSES OF ACTION ARISING OUT OF YOUR PURCHASE OR USE OF THE OFFERING, THE MERCHANT'S FAILURE TO REDEEM ANY VOUCHER, THE GOODS AND SERVICES PROVIDED BY A MERCHANT, OR YOUR SATISFACTION WITH THE GOODS AND SERVICES PROVIDED BY A MERCHANT.
CODE OF CONDUCT; IMPROPER USE OF SITE
Use of the Site or Service. While using the Site or Service (including in connection with any User-Generated Content), you will not, and will not induce any third party to: (i) use the Site, Service or any of the Site Information in a way that is unlawful, harms PokitDok or any User of the Site, or otherwise violates the rights of any party; (ii) use the Site, Service or any of the Site Information in a way that could overburden, or impair the Site or Service (or the networks or systems connected to such); (iii) attempt to disable or circumvent any security mechanisms used by the Site, Service or Site Information, or otherwise attempt to gain unauthorized access to any portion or feature of the Site, Service or Site Information or any other systems or networks connected to the Site or Service, or to any server of PokitDok or its third party service providers, by hacking, password "mining", or any other illegal means; (iv) use any "deep-link", "page-scrape", "robot", "spider", or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site, Service or Site Information; (v) use any device, software, instrumentality or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or Service, or with any other person's use of the Site or Service; (vi) breach any security measures implemented on the Site or Service or in the Site Information; (vii) track or seek to trace any information on any other person who visits the Site or uses the Service; (viii) use the Site, Service or Site Information for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; or (ix) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to, the Site, Service or Site Information, or otherwise made available to you in connection with the Site, Service or Site Information; or (x) use the Site, Service or Site Information in any manner that otherwise violates this Agreement.
Intellectual Property Rights. PokitDok respects the intellectual property of others, and we ask you and all Users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the current_accounts of Users of the Site or Service who may infringe or repeatedly infringe the copyrights or other intellectual property rights of PokitDok or others.
Cooperation with Law Enforcement. PokitDok shall fully co-operate with any law enforcement authorities or court order requesting or directing PokitDok to disclose the identity or locate anyone who uses the Website in violation of any applicable laws or this Agreement.
Notice of Infringement. If you are a copyright owner or an agent thereof and believe any Site Information or User-Generated Content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice to our Designated Copyright Agent ("Designated Copyright Agent") containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright Agent. PokitDok's Designated Copyright Agent to receive notifications of claimed infringement is:
Please send only DMCA notices to our Designated Copyright Agent. You acknowledge that if you fail to comply with all of the above requirements of this Section 8, your DMCA notice may not be valid.
No Guarantee. While PokitDok endeavors to ensure that the Site and Service continue to be available, we cannot guarantee that the Site or Service shall operate or be available in an uninterrupted manner. PokitDok shall not be liable if for any reason the Site or Service is unavailable at any time or for any period.
Downtime or Outage. Access to the Site or Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond PokitDok's control.
Reporting Errors. You may report Site problems and errors by email to email@example.com.
Links to Third-Party Websites
Links to Third-party Websites. Links to third party websites on the Site or Service are provided solely for your convenience. If you use these links, you leave the Site or Service and may be subject to the terms and conditions of the third party websites. PokitDok has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. PokitDok therefore does not endorse or make any representations about, any material or content found within or any results that may be obtained by using, them. If you decide to access any of the third party websites linked to the Site or Service, you do so entirely at your own risk.
Not Liable. To the maximum extent permitted by law, under no circumstances will PokitDok be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within any third party hyperlinked sites.
Links From Other Websites.
If you would like to link to the Site, you may only do so on the basis that you link to, but do not replicate, the home page of the Site, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of PokitDok's trademarks logo;
- you do not create a frame or any other browser or border environment around the Site;
- you do not in any way imply that PokitDok is endorsing any products or services other than its own;
- you do not misrepresent your relationship with, nor present any other false information about, PokitDok;
- you do not otherwise use any of PokitDok's trademarks displayed on the Site or Service without express written permission from PokitDok;
- you do not link from a website that is not owned by you;
- your website does not contain content that is distasteful, offensive or controversial, infringes any Intellectual Property Rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations; and
- you do not link to a page on the Site other than the homepage.
PokitDok expressly reserves the right to revoke, at any time, your right to link to the Site.
You shall fully indemnify PokitDok for any loss or damage suffered by PokitDok, its affiliates, and their respective officers, directors, employees, agents, licensors or representatives for breach of this clause 11
PAYMENT FOR SUBSCRIPTION OF SERVICES
Registered users may access some or all portions of the Service free of charge. However, PokitDok reserves the right to require a fee, either on a one-time or subscription basis, in the future for certain of those Services ("Premium Services"). If PokitDok offers and you purchase any Premium Services, you agree to pay the applicable fees for the Premium Services in accordance with the terms specified by PokitDok (including, without limitation, periodic fees for premium current_accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts.
Compliance with Law
General Compliance. You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the Site or Service. PokitDok reserves the right to terminate your current_account and to prevent your use of the Site Service if your current_account is used to engage in illegal activity or to violate this Agreement.
Export Laws. The Service may be subject to United States export controls, and export controls of other jurisdictions. By using Service or Content or downloading any PokitDok Software, you warrant that you are not located in any country, or exporting PokitDok software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or PokitDok software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Service any content, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
You shall not violate or attempt to violate the security of the Site or Service. Violations of system or network security may result in civil or criminal liability. PokitDok reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who have participated in such violations.
YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. ALL SITE INFORMATION, OFFERINGS, AND USER-GENERATED CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, OF ANY KIND. YOUR USE OF THE SITE, INCLUDING ANY CONTENT OR SERVICES THEREIN, IS ENTIRELY AT YOUR OWN DISCRETION AND RISK, AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE.
POKITDOK, ON BEHALF OF ITSELF AND ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AND THIRD-PARTY SERVICES PROVIDERS, INCLUDING ANY RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS THEREOF, AND ANY OF THE FOREGOING ENTITIES' RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "POKITDOK PARTIES"): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. POKITDOK DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICE, OR ANY CONTENTS THEREIN, WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, TIMELY, ERROR-FREE OR COMPLETELY SECURE MANNER, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICE OR ANY CONTENTS THEREOF WILL MEET YOUR REQUIREMENTS; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, SERVICE OR ANY CONTENT THEREIN, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
Some jurisdictions may not allow the exclusion or limitation of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. In such event, PokitDok's warranties and conditions with respect to the Site and Service will be limited to the greatest extent permitted by applicable law in such jurisdiction.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE POKITDOK PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE OR ANY OFFERING OR VOUCHER, EVEN IF A POKITDOK PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, A POKITDOK PARTY IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, OR ANY CONTENT, OFFERING, VOUCHER OR SERVICES THEREIN, THE RELEVANT POKITDOK PARTY'S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID POKITDOK FOR YOUR USE OF THE SITE, SERVICE AND ANY CONTENT THEREIN; OR (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.
Some jurisdictions may not allow the exclusion or limitation of incidental, special, consequential, or other damages, so the above limitations or exclusions may not apply to you. In such event, PokitDok's liability for such damages with respect to the Site, Offerings, Vouchers and Service will be limited to the greatest extent permitted by applicable law in such jurisdiction.
You agree to indemnify, defend and hold harmless, PokitDok, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site or Service from and against any and all claims or liability, including costs and attorney's fees, arising from or in connection with your violation of this Agreement and your use of the site or Service. PokitDok reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with PokitDok in asserting any available defenses.
Right of access
In order to use the Site or Service you must be at least 13 years of age or older. You affirm that you are either: (a) 18 years old or more and are fully able and competent to enter into and comply with the terms and conditions of this Agreement; or (b) if you are under 18 years old but at least 13 years old, that you have your parent's permission to enter into this Agreement and are fully able to comply with the terms and conditions of this Agreement.
You agree that PokitDok, in its sole discretion, may terminate your use of the Site or Service, and remove and discard your User-Generated Content, for any reason, if PokitDok believes that you have or may have violated or acted inconsistently with the letter and spirit of this Agreement. PokitDok may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or Service, under any provision of this Agreement, may be effected without prior notice to you, and acknowledge and agree that PokitDok may bar any further access to the Site or Service. Further, you agree that PokitDok shall not be liable to you or any third-party for any termination of access to the Site or Service.
In the event that PokitDok discontinues the Site or Service, PokitDok may, at its sole discretion, either (i) continue to provide to you the Service for the period for which you have already paid, or (ii) provide you with a refund on a pro-rata basis.
Limited time to bring claim
Where permitted by law, you and PokitDok agree that any cause of action arising out of or related to the Site or any Site Information must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
ENTIRE AGREEMENT, NOTICE, WAIVER, AND SEVERABILITY
This Agreement constitutes the entire Agreement between you and PokitDok in connection with the Site or Services and supersedes all prior agreements between you and PokitDok regarding the subject matter contained herein. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture, agency or other like relationship between you and PokitDok or any of the PokitDok Parties.
The failure of PokitDok to insist upon performance of any of the terms and conditions of this Agreement, or the waiver of any breach of, or the decision to not exercise any of its rights under, any of the terms or conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, or any other terms and conditions of this Agreement. Any waiver must in writing and signed by PokitDok.
Jurisdiction, Venue; Waiver Of jury trial
This Agreement and all claims or issues regarding the Site shall be governed according to the laws of the State of California, in the United States of America, except for the conflict or choice-of-law principles thereof.
Except in those cases where contractual attribution of jurisdiction is not enforceable, any disputes that may arise concerning the formation, interpretation or performance of this Agreement which are not amicably resolved or resolved by arbitration, shall be brought in the courts of the United States.
TO THE EXTENT NOT OTHERWISE PROHIBITED BY APPLICABLE LAW, THE PARTIES HERETO AGREE TO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS AGREEMENT WHICH ARE NOT RESOLVED BY ARBITRATION.
Any questions or comments about the Site or Service should be directed to us at firstname.lastname@example.org.