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PMI CLIENT PORTAL TERMS AND CONDITIONS

PondMedics Incorporated (hereinafter referred to as “PMI”) Client Portal (hereinafter referred to as "portal") is offered to you (“Client”) conditioned on your acceptance of the terms, conditions and notices contained here. Please read these terms and conditions of use carefully. By using the portal you agree to these terms and conditions. If you are not a PMI client or authorized employee, any use by you of the portal is prohibited.

DESCRIPTION OF SERVICE

The portal provides PMI clients and authorized agents of PMI clients with access to information displayed on the portal for inquiries and deliveries of documents and communications for their account only. The information, documents and communications on the portal are provided as a convenient resource to clients and may be used for informational purposes only for their account.

USER PASSWORD AND SECURITY

Using the portal and its related services requires the use of a unique username and password for each client, and a unique user name and password for each client’s agent that is granted access to the portal. The confidentiality of your password and account information is your responsibility. Any authorized or unauthorized activities that occur using your login information, under your account, are your responsibility. You agree to notify us immediately of any unauthorized use of your account or if we need to revoke access to any authorized agents or any other breach of security. It is prohibited to use anyone else’s account under any circumstances.

ACCURACY OF CONTENT AND LIABILITY DISCLAIMER

PMI will strive to use reasonable efforts to include accurate and updated information on the portal. However, you understand and agree that PMI is under no obligation to do so and PMI does not make any representation or warranty about the sustainability, reliability, availability, timeliness, and accuracy of the information software, documents and communications contained on the portal for any purpose.

To the maximum extent permitted by applicable law, all such information, software, documents and communications are provided “as is” without warranty or condition of any kind. PMI hereby disclaims all warranties and conditions with regard to such information, software, documents and communications, including without limitation, all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall PMI be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages whatsoever, including without limitation, damages for loss of use, data or profits, arising out of or in any way connected with your use or the performance of the portal, with the delay or inability to use the portal or related services, whether based in contract, tort, negligence, strict liability or otherwise, even if any PMI employees has been advised of the possibility of damages.

If you are dissatisfied with any portion of the portal, information, documents or communications on the portal, or with any of these terms and conditions of use, your sole and exclusive remedy is to cease using the portal and the information, documents or communications you obtained from the portal.

ICONS, LOGOS AND OTHER PROPRIETARY MATERIAL

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the portal are registered and common law trademarks of PMI. Nothing contained on the portal should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks displayed on the portal without the written permission of PMI. Your use of any of the Trademarks displayed on the portal or displayed on any content on the portal is strictly prohibited. You should assume that everything you see or read on the portal is copyrighted and is a trade secret and may not be used except as provided in these terms and conditions of use or in the text on the portal without the written permission of PMI. Recommendations made by PMI and practices performed by PMI as a result of the PMI/Client relationship is proprietary information and confidential between PMI and the Client.

CHANGES TO TERMS AND CONDITIONS OF USE

PMI may at any time modify the terms, conditions and notices under which the portal is offered by updating this posting. You are bound to any such modifications and should therefore periodically visit this page to review the then-current terms and conditions to which you are bound.

CONFIDENTIALITY, INFORMATION PROTECTION AND PROTECTION OF DATA

Notwithstanding any existing legal or contractual obligations regarding confidentiality between you and PMI, you undertake to treat all knowledge relating to business secrets, which come into your possession, as confidential. You shall assure that any protected data, which comes into your possession through the use of the portal, is not transmitted to any unauthorized person. In partial consideration of the opportunity to access the resources of the portal concerning your account, you agree to maintain the strict confidentiality of access of the portal and its data to you and your authorized agents and to indemnify and hold harmless PMI and its officers, members, and employees and their heirs, successors and assigns from and against any and all claims, actions, demands, losses, damages, judgments, costs and expenses, including without limitation, reasonable attorneys’ fees and liabilities of every kind which may arise from your or your employees’ use of the portal or because of violation of these terms and conditions of use.

UNLAWFUL OR PROHIBITED USE

You are prohibited from using the portal to damage, disable, or overburden PMI servers or network or impair the portal or interfere with any other party’s use of the portal. Hacking, password mining or any other means to gain unauthorized access to the portal, portal accounts, computers or network is prohibited. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law is also prohibited. PMI will fully cooperate with any law enforcement authorities or court order requesting or directing PMI to disclose the identity of anyone posting any such information and materials. PMI is an equal opportunity employer and values the diversity of its people.

All communication within the portal is confidential and is intended only for the individual(s) or entity specifically authorized to receive it. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. Please notify PMI of any communication you have received in error.