Privacy Policy
Professional Opportunity Network and Database, Inc. (“POND”) dba MyDentalChannel, has created this privacy statement in order to demonstrate its firm commitment to protecting your privacy. Your privacy is important to POND. The following discloses our information-gathering and dissemination practices for this website. As this policy may change from time to time, please check back periodically.
We hope that, like many POND users, you will want to provide information about yourself to POND because it will make you experience here more valuable to you. POND uses the information it collects about you to, among other things, process orders. When you register at POND, we collect certain information about you including your name, e-mail address, mailing address, credit card number and expiration date in order to process and fulfill your order. In some instances, POND will need some additional information. The forms requiring additional information can be reviewed on our website.
POND’S primary goal in collecting personal information is to provide you with an efficient and customized experience in utilizing POND’s services. Recognizing the global nature of the Internet, you agree to comply with all the applicable laws and rules regarding online conduct and privacy as well as content. Specifically, but not as a limitation, you agree to comply with all applicable laws regarding transmission of technical and personal data exported from the United States or other country in which you reside. POND cannot, and does not, control information users make available to others in exchanges on the site, including, but not limited to, information disclosed by you in connection with creating an auction as a seller. Though prohibited, users may provide information that is false, deceptive, harmful or offensive to other users. Please exercise care in determining what information you share with others in using POND’S services.
1. POND’s Security. POND uses industry-standard practices to safeguard the confidentiality of your personal, identifiable information, such as, “firewalls” and secure socket layers. POND treats data as an asset and steps are taken to protect such data against loss and unauthorized access. Although POND employs many different security techniques to protect such data from unauthorized access by users inside and outside the Company, “perfect security does not exist on the Internet”. Also, POND cannot warrant the security of information that you may place on message boards, chat rooms and email because this information can be collected and used by others.
1.1 Encryption. Areas of the site where you may enter and submit private information are protected using SSL encrypted transmissions between your web browser and our web server. This protects against the remote chance that someone may try to compromise your private information as it travels from your web processor to our secure server. You will know when transmitted data is safe by a security notice when you enter our secure page, and by the presence of an icon on your browser. Either a key for Netscape, or a lock for Microsoft Internet Explorer will appear. The pages we use to submit your account information, place a listing and receive confirmation of a successful listing are all secure. POND will never intentionally take chances with your private information, and we have taken every reasonable precaution to ensure your personal security.
1.2 About SSL Security and Firewall Problems. Some older browsers have known SSL bugs. They can result in the browser crashing on the SSL page, or giving error message. We recommend that you upgrade to the latest version of whatever browser you prefer.
1.3 Technical Details About Encryption. POND operates with a GeoTrust Secure Certificate featuring today's strongest cryptographic techniques to ensure that digital IDs are not forged or tampered with. These techniques, developed by RSA Data Security, use encryption and decryption keys. This use of match-key cryptography with a 128-bit key length provides a level of security unavailable with conventional secret key cryptography.
2. POND’s Use of Your Information. POND uses information in the file it maintains about you and other information it obtains from your current and past activities on the site to resolve disputes, troubleshoot problems and enforce POND’s User Agreement. There may be times when POND may look across multiple Users to identify problems or resolve disputes and, in particular, POND may examine your information to identify users using multiple User IDs or aliases.
If you choose to post a listing on our site, POND uses your address and billing information to charge your credit card.
You agree that POND may use personally-identifiable information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content offering, and customize our site's content, layout and services. These uses improve our site to better tailor it to meet your needs. Users also agree that we may use your information to contact you and deliver information to you that, in some cases, are aimed at your interests, such as, targeted banner advertisements, administrative notices and communications relative to the use of POND. By accepting the User Agreement and Privacy Policy you expressly agree to receive this information. In addition, Users agree that we may use your aggregated data in a summary report which may be disclosed to third parties. An example of a summary report might be "76% of all practices listed received a bona fide offer within 31 days after listing". We will not tell third parties the identities of the practices that sold unless the User representing that practice has specifically told us this is acceptable.
3. Disclosure of Your Information to Third Parties. POND cannot ensure that all of your private communications and personal information that you provide to POND or others will never be disclosed in ways not otherwise described in this Privacy Policy. For example, and without limiting the foregoing, POND may be forced to disclose information to legal authorities, government entities, other third parties, or third parties may unlawfully intercept or access transmissions or private communications, or Users may abuse or misuse your information that they collect from POND. Therefore, although POND uses industry standard practices to protect your privacy, POND does not promise that your personally identifiable information or private communications will always remain private.
4. Links Provided to Other Sites. It is important to note that POND may provide links to a number of other sites that we believe can offer you useful information and services. However, those sites may not follow the same privacy policies as POND and we are not responsible for the privacy policies of or any actions of third parties that control the activities of such third-party sites. We suggest contacting the relevant parties controlling these sites or accessing their online policies for the relevant information about their data collection.
5. Legal Inquiries. POND cooperates with law enforcement inquiries, as well as other third parties, to enforce laws such as intellectual property rights, fraud and other rights. POND can, and you have authorized us to by utilizing this website and POND'S services, disclose any information about you to law enforcement or other government officials as POND, in its sole discretion, believes necessary or appropriate in connection with an investigation or other activity that is illegal or may expose POND or you to legal liability. Further, POND can disclose your Account Number, name, address, street, city, state, zip code, country, phone number, e-mail and company name as we, in our sole discretion, believe necessary or appropriate in connection with any investigation.
By utilizing this website and POND'S services, you agree to the terms of use of this website and privacy policy
6. Minors. Minor children are not eligible to use our services, and we ask that minors (under the age of 18) do not submit any personal information to us.
7. Notice. POND may change this Privacy Policy at any time and from time to time. All changes to this Policy are effective upon posting. If we decide to change our Privacy Policy, we will post the changes on this page so that you are always aware of our policies. Please check these policies frequently to note any change(s). Upon notice of any changes to the Privacy Policy, if you do not agreement with the changes to the terms of the Privacy Policy, then you should cancel your account with POND. Otherwise, continued use of this website and any of POND’S services will constitute acceptance of the changes and new terms of the Privacy Policy.
USE OF THIS SITE SIGNIFIES YOUR CONSENT TO THIS ONLINE PRIVACY POLICY, INCLUDING OUR COLLECTION AND USE OF INFORMATION AS DESCRIBED ABOVE AND ELSEWHERE ON THIS WEBSITE.
USAGE AGREEMENT AND DISCLAIMER OF PROFESSIONAL OPPORTUNITY NETWORK AND DATABASE, INC. ("POND") WEB SITE
PLEASE READ THIS USAGE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THIS WEB SITE. THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS WHICH APPLY TO YOUR USE OF THE POND WEB SITE. BY USING THIS SITE OR THE SERVICES AVAILABLE IN THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE ANY OF THE SERVICES AVAILABLE THROUGH THIS SITE.
Professional Opportunity Network and Database, Inc. ("POND"), a corporation organized and existing under the laws of the State of Nevada, hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access and use the POND online service operated by POND on the World Wide Web (“POND Web site”) provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Agreement. You hereby acknowledge and agree as follows:
1. Information. The “Information” shall mean all areas and any subscription or any other software, service, data or information provided by POND or obtained through the interactive online service operated by POND at the POND Web site. POND has entered into contractual relationships with certain vendors, sponsors, and advertisers (the "Vendors"), whereby POND may link to or display Information, advertisements, discounts, products, goods, or services offered by the Vendors. POND shall not be held liable, directly or indirectly, for any loss or damage caused by your use of any external site, Vendor Information, or Vendor product or service. Statements made on the POND.com Web site concerning the services of POND do not constitute an offer, but are merely solicitations of an offer.
Furthermore, this site may include facts, views, opinions and recommendations of individuals and organizations which are not affiliated with POND. POND may point or link to other sites located on services maintained by third parties that may be of interest to you but for which POND has no responsibility. POND does not guarantee or warrant the availability, accuracy, completeness or timeliness of or otherwise endorse any of these views, opinions or recommendations. POND provides such pointer and linking functions only as a service to you and makes no representation or warranty as to the accuracy or any other aspect of the information contained on such Internet servers or sites. The Internet is a global network of computers that you use at your own risk. Certain sites on the Internet carry controversial, sexually explicit or other inappropriate materials. Neither POND nor its affiliates, information providers or content partners (all of whom for purposes of this agreement are included within the term “POND”) control or censor the Internet.
2. Ownership. Copyright 2003 Professional Opportunity Network and Database, Inc. All rights reserved. The Information is the valuable, exclusive property of POND and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as permitted in this Agreement, you may not copy, reproduce, republish, upload, post, transmit, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without POND's prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information. POND and its associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of POND. All other product names and company logos mentioned herein are trademarks of their respective owners.
3. Restrictions. You may store in the memory of your computer and may manipulate, analyze, reformat, print and/or display for your use only the Information received or accessed through the POND Web site pursuant to this Agreement. You may not resell, redistribute, broadcast or transfer the Information or use the Information in a searchable, machine-readable database or file. Unless separately and specifically authorized in writing by POND, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the POND Web site, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity. You agree to use the POND Web site and Information for lawful purposes only. You agree not to post or transmit any information through the POND Web site which (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (3) is protected by copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
4. Submissions. If you send us suggestions, ideas, notes, computer programs, data, drawings, concepts or other information of any kind (collectively, the “Data”), the Data shall be deemed, and shall remain, the sole and absolute property of POND. Except as set forth in our Privacy Policy, none of the Data shall be subject to any obligation of confidence on the part of POND and POND shall not be liable for any use or disclosure of any Data. Without limitation of the foregoing, POND shall exclusively own all now known or hereafter existing rights to the Data of every kind and nature throughout the universe and shall be entitled to unrestricted use, not inconsistent with our Privacy Policy, of the Data for any purpose whatsoever, commercial, or otherwise, without compensation to the provider of the Data. Unless otherwise provided, you hereby grant to POND and its affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the POND Web site or any e-mail sent by you to POND (in whole or in part) and to incorporate it in other works in any form, media or technology now known or later developed.
5. Linking. You may link to the POND home page, but are not authorized to link to any other page on the POND Web site without the prior express written consent of POND. You may not use any of POND's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by POND; 2) cause confusion, mistake, or deception; 3) dilute POND's trademarks or service marks; or 4) otherwise violate state or federal law.
6. Fees and Payments. In consideration of your use of the POND Web site and the license granted in this Agreement, you authorize POND to charge to the credit card account designated by you during the purchase or request for service and to process any and all amounts owing pursuant to this Agreement. If you accept an online offer that includes a free trial period, POND will not charge the amount owed to your credit card until after the free trial period expires. You may cancel any online order and avoid a charge to your credit card by calling POND directly and canceling your order. If applicable, any sales or use taxes will be payable by you. The fees reflected in the rate schedule are subject to change at any time. Any such amended rate schedule shall be deemed accepted by you if you use the POND Web site (or any portion thereof requiring additional fees) in any manner after the effective date of such changes. POND reserves the right to modify the terms and conditions of this Agreement and the POND Web site. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the POND Web site. POND may also add, withdraw or modify Information within the POND Web site or services provided through the POND Web site at any time in its sole discretion. All notices and statements described above shall be displayed online, and such display shall constitute effective notice under this Agreement on the day POND places them on the POND Web site. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
7. Account Number Disclosure. If, at any time, you learn or suspect that your Account Number has been disclosed or otherwise made known to any person other than yourself, you agree to immediately notify POND at 866-766-3463 and to confirm such notice in writing within seventy-two (72) hours. Upon receiving such notice, POND will assign a new Account Number to you within a reasonable period of time. Reissuance and reactivation of such Account Numbers may be subject to POND's standard charges.
8. Delays in Services. Neither POND nor any of its licensors, licensees and Vendors (including its and their officers, directors, managers, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, date data processing failures, telephone interconnect problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or to other like causes. POND shall have no responsibility to provide access to the POND Web site while the interruption of the POND Web site due to any such cause shall continue.
9. Termination. Termination or cancellation of this Agreement shall not effect any right or relief to which POND may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to POND. This Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons; 1) immediately by POND if you fail to make any payment when due or your automatic credit card debit is denied for any reason; 2) immediately by POND for any unauthorized access or use by you, including, without limitation: (i) concurrent access of the POND Web site with identical Account Numbers; (ii) permitting another person or entity to use your Account Number to access the POND Web site; or (iii) any other access or use of the POND Web site except as expressly provided in this Agreement; 3) immediately by POND if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; 4) immediately, if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information contained in, or accessed through, the POND Web site; 5) immediately, if you transmit or receive using the POND Web site (or cause the same) in violation of any section of this Agreement (POND, at its sole discretion, shall determine whether any information transmitted or received violates this provision); or 6) immediately, if you violate any of the other terms and conditions of this Agreement.
10. Monitoring. You acknowledge that POND reserves the right to, and may from time to time, monitor any and all Information transmitted or received through the POND Web site. POND, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which POND deems inappropriate or that violates any term or condition of this Agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this computer system, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of the POND Web site will be prosecuted to the full extent of the law.
11. Equipment and Operation. You shall provide and maintain all telephone and other equipment necessary to access the POND Web site, and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You shall reimburse POND for any such costs incurred by POND due to your use of the POND Web site. Such reimbursement shall be billed to you and payable in accordance with Section 6 of this Agreement. You are responsible for operating your own equipment and for familiarity with the Information used with or available through the POND Web site. POND reserves the right to refuse assistance or to charge additional fees if you seek assistance from POND with respect to such Information or any other matters not directly relating to the operation of the POND Web site.
12. Limited Warranty. You acknowledge that the Vendor Information and links provided through the POND Web site are compiled from sources which are beyond the control of POND. Though such Information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and POND and its licensors and Vendors do not warrant the accuracy or suitability of the Information. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE POND WEB SITE AND THE PRODUCTS AND SERVICES AVAILABLE TO YOU BY OR THROUGH THE POND WEB SITE OR THROUGH LINKS PROVIDED THEREIN ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. POND, ITS LICENSORS AND VENDORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT OR ADEQUACY TO PRODUCE ANY PARTICULAR RESULT. FURTHER, POND AND ITS LICENSORS AND VENDORS DO NOT REPRESENT OR WARRANT THE ACCURACY OR RELIABILITY OF THE USE OF, OR THE RESULTS OF THE USE OF, THE POND WEB SITE, THE SERVICES OR PRODUCTS PROVIDED BY OR THROUGH THE POND WEB SITE, OR THE KNOW-HOW OR OTHER INFORMATION CONTAINED IN THE POND WEB SITE OR THAT THE POND WEB SITE WILL MEET YOUR REQUIREMENTS OR WILL BE SUITABLE FOR YOUR NEEDS. POND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU (AND NOT POND) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Under this Agreement, you assume all risk of errors and/or omissions in the POND Web site, including the transmission or translation of Information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the POND Web site, including the Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under the Agreement. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
13. Limitation of Liability. YOU AGREE THAT POND AND ITS LICENSORS AND VENDORS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) SHALL NOT IN ANY EVENT, INCLUDING BUT NOT LIMITED TO POND’S NEGLIGENCE, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE POND WEB SITE OR THE PRODUCTS OR SERVICES ACCESSED THROUGH THE POND WEB SITE. IN NO EVENT SHALL POND’S TOTAL LIABILITY FOR ALL DAMAGE, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE POND WEB SITE, EVEN IF POND OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE ABOVE LIMITATION OF LIABILITY SHOULD FAIL IN ITS ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO TEN (10%) PERCENT OF THE SUMS PAID TO POND BY YOU UNDER THE TERMS OF THIS AGREEMENT OR $100.00, WHICHEVER IS LESS, AS LIMITED DAMAGES AND NOT AS A PENALTY EVEN IF POND OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION 14 SHALL SURVIVE TERMINATION OF THIS AGREEMENT. POND shall not be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the Information provided by or the know-how or other information contained within the POND Web Site or the services or products provided through the POND Web Site or for any delay or interruption in the transmission thereof to the site user, for any claim or loss arising therefrom or occasioned thereby. POND shall not be liable for any damages for lost data, use, profits, savings or goodwill that results from use of or inability to use Information, services, products or software contained within or through the POND Web site. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS CLAUSE GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
14. Indemnification. YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS POND AND ITS LICENSORS AND VENDORS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR CONTRACTORS) FROM AND AGAINST ALL CLAIMS BROUGHT BY ANY PERSONS ARISING FROM OR RELATING TO YOUR ACCESS AND USE OF THE POND WEB SITE, INCLUDING BUT NOT LIMITED TO, THE ACCESS TO AND USE OF THE INFORMATION, SERVICES AND/OR PRODUCTS OBTAINED THROUGH THE POND WEB SITE.
15. Privacy. The POND Web site only collects and utilizes personal information pursuant to our Privacy Policy. POND will not transfer identifying information about you to any other party unless otherwise stated at the time of collection or as otherwise provided in our Privacy Policy. POND may use aggregate data that does not contain personally identifying information for marketing and other similar purposes.
16. No Conflicting Terms. If there is any conflict between this Agreement and any help text, manuals or other documents, this Agreement shall govern, whether such other documents are prior to or subsequent to this Agreement, or are signed or acknowledged by any director, officer, manager, employee, representative or agent of POND.
17. Attorney's Fees. If POND takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, POND shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.
18. Governing Law; Limitations; Venue. This Agreement shall be governed by the laws of the State of Nevada, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the POND Web site contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the state or federal courts located in Washoe County, Nevada, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Nevada as your agent for service of process. You agree to waive any objection that the state or federal courts of Washoe County, Nevada are an inconvenient forum.
19. Jurisdictional Issues. Unless otherwise specified, the materials in this Web site are presented solely for the purpose of promoting programs, services, and other products available in the United States, it territories, possessions and protectorates. This site is controlled and operated by POND from its offices within the state of Nevada, United States of America. POND makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
20. Severability. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce this Agreement.
21. ENTIRE AGREEMENT. THIS AGREEMENT IS COMPLETE AND EFFECTIVE AT THE TIME YOU AGREE TO IT BY ACCESSING THE POND WEB SITE OR REQUESTING SERVICES THROUGH THE POND WEB SITE, AND THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND NO OTHER AGREEMENT, WRITTEN OR ORAL, EXISTS BETWEEN YOU AND POND. |