Website Terms of Use

As of April 1, 2024

These Terms of Use (the “Terms”) govern your access to and use of any of the internet properties provided by Pocketalk Inc. (“Pocketalk,” “we,” “us,” “our”), including the Pocketalk website (www.pocketalk.com), our mobile website, Pocketalk-owned or operated profiles on social media sites, and any other digital services or properties operated, used, or released by Pocketalk from time to time (collectively, the “Sites”). By accessing or using the Sites, you agree that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Sites.

Please note that the terms and conditions applicable to your use of any Pocketalk device (a “Device”) are separate from these Terms and are available to you when you purchase a Device.

1.     Eligibility

By accessing or using the Sites, you represent to us that you are over the age of 18 (or the age of majority in your jurisdiction, whichever is older) and that you are fully able and competent to enter into these Terms.  If you use the Sites on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

2.     Changes to these Terms

We may update or otherwise modify these Terms from time to time. If we make material changes, we will post the updated Terms on this page with a “Last Updated” effective date of the revisions. Your continued use of the Sites after an update will constitute acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Sites.

3.     Pocketalk Intellectual Property Rights & Limited License

The Sites, including the design, text, graphics, images, data, software, source code, and other content contained therein (and their selection, arrangement, and presentation), are owned by Pocketalk or our licensors and are protected by law including copyright and trademark law. Except as explicitly stated in these Terms, all rights in and to the Sites are reserved by us or our licensors.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Sites for your noncommercial use and for no other purpose.

4.     User Generated Content

The Sites may include functionality to enable you to upload comments, feedback, or other content (“User Generated Content”). By contributing User Generated Content to any of the Sites, you understand and acknowledge that this information is available to the public and you hereby grant Pocketalk a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license to reproduce, distribute, perform and display, create derivative works of, adapt, modify and otherwise use and exploit such User Generated Content for any purpose (including promotional purposes, such as testimonials).

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your User Generated Content does not violate any applicable law or any right of any third party.

5.     Copyright Infringement

Pocketalk follows the procedures of the Digital Millennium Copyright Act of 1998 by providing recourse for copyright owners who believe that material appearing on the internet infringes their rights under US copyright law. If you believe in good faith that materials available on the Sites infringe your copyright, you or your agent may send Pocketalk a written notice by mail or e-mail, requesting that we remove such material or block access to it. See http://www.copyright.gov for details. Notices must be sent in writing to:

 

Pocketalk Inc.
445 Sherman Ave. Ste 120
Palo Alto, CA 94306
Attn: Legal
Email: press@pocketalk.com

 

6.     Your Use of the Sites

In your use of the Sites, you agree

• to only use the Sites in a lawful manner and only for their intended purposes;
• not to express or imply that any statements you make are endorsed by Pocketalk;
• not to reverse engineer, disassemble, or otherwise attempt to create or derive the source code underlying the Sites;
• not to use or access the Sites to build a similar or competitive product or service;
• not to attempt to probe, scan or test the vulnerability of any Sites or to breach or tamper with the security or authentication measures of the Sites or our systems;
• not to submit viruses or other malicious code to or through the Sites;
• not to submit User Generated Content that, in our sole judgment, is objectionable or restricts or inhibits any other person from using or enjoying the Sites; and
• not to use the Sites to transmit “spam” or other unauthorized commercial communications.

7.     Suspension & Termination

We reserve the right (a) to immediately and without notice suspend or terminate your access to or use of the Sites if we reasonably believe that you have violated these Terms, (b) to, in our sole discretion, remove any User Generated Content or other material that breaches these Terms or is otherwise objectionable, and (c) to modify the Sites or to suspend or stop providing all or portions of the Sites at any time. You also have the right to stop using the Sites at any time. We are not responsible for any loss or harm related to your inability to access or use the Sites.

8.     Privacy

Our collection and use of your personal information via the Sites is described in our Privacy Policy. By accessing or using the Sites, you acknowledge that you have read and understand the Privacy Policy, as updated from time to time.

9.     Indemnification

You agree to indemnify, defend, and hold harmless Pocketalk and its parent company, affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to your access to or use of, or activities in connection with, the Sites.

10.  Disclaimer

THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND POCKETALK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.

While we try to maintain the timeliness, integrity and security of the Sites, we do not guarantee that the Sites are or will remain updated, complete, correct or secure, or that access to the Sites will be uninterrupted. We may need to perform maintenance on the Sites from time to time, which may result in temporary interruptions to its availability. The Sites may include inaccuracies or errors. You assume the entire risk as to the quality and performance of the Sites.

11.  Limitation of Liability

POCKETALK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, POCKETALK WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITES OR FROM ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES IS TO STOP USING THEM. THE MAXIMUM AGGREGATE LIABILITY OF POCKETALK FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL BE $50.

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages, and some or all of the above disclaimers, exclusions or limitations may not apply to you.

12.  Third Party Content

The Sites may make available or provide links to third party websites, content, or information (“Third Party Content”). Pocketalk does not control, and is not responsible for, any Third Party Content, and the availability of any Third Party Content via the Sites does not imply endorsement of, or affiliation with, the provider of such Third Party Content. Your use of Third Party Content is at your own risk.

13.  Governing Law & Jurisdiction

These Terms shall be construed in accordance with the laws of the state of Washington, without reference to its conflict of law provisions, and the obligations, rights, and remedies of the Parties hereunder shall be determined in accordance with such laws. The Parties agree to the exclusive jurisdiction of the state and federal courts located in California.

14.  General Provisions

If any provision of these Terms is determined to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The respective indemnities, representation and warranties, and our rights under these Terms will survive any termination of these Terms. To the maximum extent possible under applicable local law, these Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.