iPOTT, together with its subsidiaries and affiliates (collectively, “iPOTT”) provide you access to iPOTT’s wireless service related websites containing information and data available via your computer and/or a wireless device (“the Sites”) subject to the terms and conditions set forth below, including all documents, policies and guidelines incorporated therein (the “Agreement”). PLEASE READ THIS AGREEMENT CAREFULLY. By accessing, browsing, or using any of our Sites, you agree to be bound by the terms and conditions of the Agreement, including all documents, policies and guidelines incorporated by reference. This Agreement does not alter in any way the terms or conditions of any other written or online agreement you may have or will have with iPOTT, including any website access agreement with an iPOTT affiliate relating to services. iPOTT reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline referenced herein at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on the Sites and change the date accordingly. Any changes or modifications will be effective upon posting of the new Agreement on the Sites as revised, and your access to and use of the Sites following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised.
DESCRIPTION OF SERVICE
iPOTT IKV is a Martech (Marketing Technology) services company, providing Knowledge & Advisory services for marketing in the Digital World.
You also understand and agree that the Service may include advertisements and that these advertisements are necessary for iPOTT to provide the Service. You also understand and agree that the Service may include certain communications from iPOTT, such as service announcements, administrative messages and the iPOTT Newsletter, and that these communications are considered part of iPOTT Service. and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new iPOTT properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that iPOTT assumes no responsibility for the timeliness, deletion, non-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Acceptable Use Policy. When using iPOTT Sites or iPOTT’s products or service, your activities must comply with our Acceptable Use Policy.
Copyright and Authorized Access
All copyrighted and copyrightable materials on iPOTT Sites, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement (“Materials”) thereof are owned by iPOTT. You are granted a limited, non-sub licensable right to access the Sites and print the Materials for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to:
- publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
- market, sell, or make commercial use of the Sites or any Materials;
- systematically collect and use of any data or content including the use of any data mining, robots, or similar data gathering and extraction methods;
- make derivative uses of the Sites or the Materials; or
- use, frame, or utilize framing techniques to enclose any portion of the Sites (including the images found at the Sites or any text or the layout/design of any page or form contained on a page).
Except for the limited license or permission granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of iPOTT or any third party. Any unauthorized use of the Sites will terminate the permission or license granted by this Agreement and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
If you use any part of the Sites that requires a username or password, then you are responsible for maintaining the confidentiality of that username and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your account or password are compromised in any manner, you should notify iPOTT immediately. iPOTT reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, iPOTT may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall iPOTT be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of iPOTT under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. Any unauthorized use of the Sites will terminate the permission or license granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
iPOTT respects the intellectual property of others. If you believe that your work has been copied and has been posted, stored or transmitted to the Sites in a way that constitutes copyright infringement, please provide iPOTT’s the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Sites;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
iPOTT’s Copyright Agent for notice of claims of copyright infringement on the Sites can be reached as follows:
#31/2, Harris Road, Benson Town,
Bengaluru, Karnataka, India
Trademarks and Service Marks
The trademarks and service marks displayed on the Sites are registered and unregistered trademarks of iPOTT IKV and may not be copied, imitated or used, in whole or in part, without the prior written permission of iPOTT IKV or, if applicable, its licensor. In addition, iPOTT custom graphics, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of iPOTT IKV. iPOTT trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits iPOTT. “iPOTT,” “Graphic Icon” design and all other iPOTT marks and logos, and the iPOTT products and services described on the Sites, are either trademarks, service marks, or registered trademarks of iPOTT IKV or iPOTT affiliates, and may not be copied, imitated or used, in whole or in part, without the prior written permission of iPOTT IKV or iPOTT affiliates. All other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by iPOTT. You may not use any metatags or any other “hidden text” utilizing an iPOTT name, trademark, or product name without iPOTT’s express written consent.
Third-Party Products and Services
Parties other than iPOTT offer and provide products and services on or through the Sites. Except for iPOTT -branded information, products or services that are specifically identified as being supplied by iPOTT, iPOTT does not operate, control, or endorse any information, products, or services on the Sites or accessible through the Sites in any way. Except for iPOTT -identified information and iPOTT -branded products or services, all information, products, and services offered through the Sites or Internet generally are offered by third parties that are not affiliated with iPOTT. iPOTT is not responsible for examining or evaluating, and iPOTT does not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. iPOTT does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Product and Service Descriptions and Pricing
iPOTT and third parties offering information, products, or services on the Sites attempt to be as accurate as possible. However, iPOTT does not warrant that information, product, and service descriptions or other content of the Sites is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or cause that a product or service offered on the Sites may be mispriced or contain an inaccuracy in its description. In the event iPOTT determines that a product or service is mispriced or contains an inaccurate description, iPOTT reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order. You agree to notify iPOTT immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Sites and comply with any corrective action taken by iPOTT.
Links to the Sites. You are granted a limited, nonexclusive right to create a hypertext link to the homepage of the Sites, provided such link does not portray iPOTT or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use an iPOTT or other proprietary graphic or trademark of iPOTT to link to the Sites without the express written permission of iPOTT. This limited right may be revoked at any time.
Third-Party Links. iPOTT makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites or services accessible by hyperlink from the Sites, or third-party Web sites linking to the Sites. Such linked Web sites are not under the control of iPOTT and iPOTT is not responsible for the content of any such linked Web site or any link contained in a linked Web site, or any review, changes or updates to such Web sites. iPOTT is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by iPOTT of the Web site or any information contained therein. When leaving the iPOTT Sites, you should be aware that iPOTT’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that Web site.
Any software and all underlying information and technology downloaded from the Sites (collectively the “Software”) by you may be subject to Indian export controls, and the Export Administration Regulations, and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
Financial Material Disclosure
Forward-Looking Statements. The Sites, and any documents issued by iPOTT and available through the Sites, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as “believe,” “expect,” “plan,” “may,” “will,” “should,” “anticipate” or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution, and replenishment systems and operating efficiencies, sales and earnings estimates, or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. The information contained in the most recent iPOTT Annual Reports to stockholders, including information contained under the section captioned “Management’s Discussion and Analysis,” as well as other information included under the caption “Risk Factors” and/or in other iPOTT filings with the Securities and Exchange Commission, identifies important factors that could cause actual results to differ from those contemplated by forward-looking statements. iPOTT undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.
Press Releases. The information contained within press releases issued by iPOTT should not be deemed accurate or current except as of the date the release was posted. iPOTT has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Web Casts/Calls. From time to time, iPOTT may provide earnings or other financial information to the public via Web casts or telephone conference call. Unauthorized recording or downloading of these events is not permitted. Any rebroadcast or re-Web cast of these events is prohibited without the express prior consent of iPOTT. Information provided is only accurate as of the date of the event.
Third-Party Financial Information. iPOTT may provide links to third-party Web sites or services that contain financial or investment information about iPOTT. Access to such Web sites and the information contained therein is provided as service to those interested in the information. iPOTT neither regularly monitors nor has control over the content of third parties’ statements or Web sites. Accordingly, iPOTT does not endorse or adopt these Web sites or any information contained therein, including, without limitation, analyst’s reports and stock quotes. iPOTT makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web sites or other third-party information that is identified on the Sites. Users visit these Web sites and use the information contained therein at their own risk.
“AS IS” AND “AS AVAILABLE” BASIS. THE SITES AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THE SITES. YOU EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES, IS AT YOUR SOLE RISK AND RESPONSIBILITY.
WARRANTY DISCLAIMER. iPOTT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITES. iPOTT DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. iPOTT IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE iPOTT ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITES IS SAFE, iPOTT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER’S REQUIREMENTS.
The information and products available on this Website were compiled with great diligence. iPOTT can give no warranty for timeliness, correctness or completeness of the information and products provided. iPOTT cannot guarantee the Website to be free from faults and without interruptions. iPOTT can incur no liability for actions and decisions made on the basis of this information or these products.
- iPOTT shall endeavour to protect the information provided against viruses, but a warranty for freedom of viruses shall not be given.
- iPOTT is convinced that the products and possible pointers and links within the Website are free of illegal contents. iPOTT has no influence on the present and future presentation as well as the contents of linked Websites. Thus, iPOTT explicitly dissociates from the contents of all linked Websites. No liability shall be incurred for illegal, deficient contents and especially not for corruptions resulting from the utilisation or non-utilisation of such offered information.
iPOTT reserves the right to change any and all content contained on the Sites at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by iPOTT.
YOUR RESPONSIBILITY AND RISK. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided on or through the Sites or on the Internet generally. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. You access such materials at your risk. iPOTT has no control over and accepts no responsibility whatsoever for such materials.
iPOTT reserves the right but does not assume the obligation to strictly enforce this Agreement, including without limitation by issuing warnings, suspension, or termination of service, and/or removal, screening, or editing of posted message, data, information, text or other material (“Content”), self help and active investigation, litigation and prosecution in any court or appropriate venue. iPOTT may access, use, and disclose transaction information and Content to comply with the law (e.g., a lawful subpoena); enforce or apply our customer agreements; to initiate, render, bill, and collect for services; to protect our rights or property, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN iPOTT CUSTOMER, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY SUCH CUSTOMER.
Limitation of Liability
IN NO EVENT SHALL iPOTT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, EVEN IF iPOTT OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF iPOTT (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE USE OF iPOTT’S SITES, EXCEED $5.00 OR THE COMPENSATION YOU PAID iPOTT, WHICHEVER IS LESS.
Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, iPOTT’s liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless iPOTT, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Sites from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you, or your violation of any rights of a third party.
Notwithstanding any of these terms and conditions, this Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer access or use the Sites after this Agreement has been terminated. The provisions of the paragraphs entitled Copyright, Trademarks and Service Marks, Third-Party Content, Submissions, Export Restrictions, Disclaimers, Limitation of Liability, Indemnification, Third-Party Rights, Applicable Law, Venue and Limitation of Actions, Termination, Severability, Enforceability and Admissibility, and Miscellaneous shall survive any termination of this Agreement.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Enforceability and Admissibility
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation, or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Users of iPOTT
- The User of www.ipott.com undertakes to submit true and complete information required for registration. If there are changes to this data, the User will inform www.ipott.com thereof without delay.
- The access to www.ipott.com is only available to registered Users. The granting of usufructuary rights or enabling access to or for non-authorised third parties, in any manner or form whatsoever, is not permitted. The User is responsible for non-disclosure of his password.
- The User is prohibited from, no matter in which manner, inducting single data or records in the service of www.ipott.com and thereby modifying or corrupting the iPOTT system or making it available to third parties. The User undertakes to indemnify iPOTT against claims of third parties, which are lodged as a result of incorrect User data.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify iPOTT! of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. iPOTT! cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the India or the country in which you reside.
iPOTT’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. iPOTT may assign its rights and iPOTT under this Agreement to any party at any time without notice to you.
In order to protect iPOTT and its customers from fraudulent activity, we limit the number of phones and services that may be ordered online by a single individual or entity. iPOTT reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.
Modifications on instructions of use
iPOTT reserves the right to modify the instructions of use at any time without specifying the reasons in question. Users of www.ipott.com will be informed thereof on the Website www.ipott.com. The modifications shall be taken as valid if after publication the User continues to use the service of www.ipott.com without objecting in written form within a month after publication. Upon an objection within the period of one month, iPOTT is entitled to delete the respective registration without further notice.
- All legal transactions concluded between iPOTT and a client shall be governed by the Laws of India and of the courts situated at Bangalore only.
- The application of UN Convention on Contracts for the International Sale of Goods is excluded.
- iPOTT shall comply with the requirements of the data protection authority of India.
- One of the basic principles of iPOTT is not to pass on personal data of Users to third parties. Third parties within these provisions are not affiliates of iPOTT in Asia.
- In the case of “cookies” placed in a file of the browser of the User’s computer, iPOTT will provide for the data to be collected by means of a cookie not being connected to the User, so long and as the User is not informed as to which data is collected and if he has not agreed to a collection of his data. If the User declares his consent, the cookie will only record the general structure of use and be used to identify the User.
- The User may forbid iPOTT at any time from directly contacting him for advertising or marketing purposes. The User is entitled to obtain information about his data recorded, to inspect such data and to request correction of such data.
- On termination of a service subject to the registration of www.ipott.com, the data stored for the User will be deleted upon the effective notice date, unless further safe custody is envisaged by law.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. iPOTT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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.
- iPOTT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM iPOTT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT iPOTT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF iPOTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. iPOTT and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
Entire Agreement. The TOS constitutes the entire agreement between you and iPOTT and governs your use of the Service, superseding any prior agreements between you and iPOTT with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other iPOTT services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and iPOTT shall be governed by the laws of the Karnatak State. without regard to its conflict of law provisions. You and iPOTT agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Karnataka, Bengaluru Jurisdiction.
Waiver and Severability of Terms. The failure of iPOTT to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Terms and conditions for using iPOTT website
Terms and conditions for using iPOTT website. iPOTT consists of information provided by the company or individual listing software or services on iPOTT. This information will be accessible to any ‘User’ logging on to iPOTT. This section will define the Terms and Conditions for accessing the information displayed in the iPOTT site. Registering with iPOTT, is deemed to be an acceptance of the Terms and Conditions and the registering entity is legally bound by these Terms and Conditions. All these Terms and Conditions are available and displayed on the website in relevant pages.
PLEASE REFRAIN FROM USING iPOTT IF ANY OF THE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU. PLEASE READ THIS AGREEMENT CAREFULLY!!
Agreement : Please read this Agreement carefully before using the iPOTT website. This Agreement explains the Terms and Conditions governing usage of the iPOTT website, and it is your responsibility to read and understand them. By using the iPOTT website, you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you may not access or use this website.
- The acceptance of your Registration is based on the information submitted by you to iPOTT at the time of Registration or provided from time to time to be published in the web or for information. iPOTT shall have All Rights Reserved to cancel the Registration and disallow renewal of Registrations, with or without notice. iPOTT will not be liable for any denial of access due to the cancellation. It is the sole discretion of iPOTT to refuse initial Registration, without assigning any reason to it.
- You will be solely and wholly responsible for all information submitted by you at the time of Registration and all information provided thereafter in connection to your registration with iPOTT. All information provided by you will be published on iPOTT as is basis and iPOTT will not be held responsible for any inaccurate, untrue and misleading information provided at the time of Registration.
- Discount , Warranty & other benefits extended. If at the time of Registration you accept to provide discount or extended warranty or any other benefit, the acceptance by itself is considered an agreement to extend the benefit to the ‘Buyer’. The amount of discount or period of warranty extension or the quantity of benefit is not a part of this agreement and this will be at the sole discretion of the Registering company or Individual
- By accepting the term to extend ‘benefit’ the ‘registering company / individual’ becomes liable to extend the benefit to any ‘Buyer / seeker’ routed through iPOTT. Non-extension of benefit will be considered as ‘breach of acceptance’ and ‘misleading information’. Such breach will result in canceling of the registration . The software displayed under such registrations will be removed from display with out any notice. The cancellation is at the sole discretion of iPOTT advisory team.
- When you register with iPOTT with the entity of a Buyer or Seeker, it is deemed that you accept to use the information displayed on iPOTT solely for the purpose intended, i.e with an intention to procure software / service or to contact a vendor. It is also agreed by you that you will copy, print or download information only for reference and will not duplicate the same with an intention to distribute, publish, modify or use it for any other purpose other than the intended purpose.
- Links to Third Party Sites : iPOTT site may contain hyperlinks to websites operated by other parties, hereinafter such hyperlinks are provided for your reference only. iPOTT does not control such websites and is not responsible for their contents. iPOTT inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
- Indemnification : You agree to defend, indemnify and hold iPOTT and its affiliates and licensors harmless from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys, charges related to your violation of this Agreement or any activity by you on this website.
- Governing Law : This User Agreement shall be construed, governed by and enforced solely and exclusively in accordance with the laws of the State of Karnataka , Bengaluru Jurisdiction, without giving effect to its conflict of laws. If for any reason a court of competent jurisdiction finds any provision or portion of this User Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.