Terms and Conditions of Use

The following Terms of Use govern the use of each of the websites located at, or linked to, the URL www.potomac.ai and www.potomactpl.com and the services that may be offered in the site; the information provided in the sites and the ability to register into our data base, receive newsletters and promotional emails; as well as any related links (collectively, our “Sites”). Please read the following Terms of Use carefully.

We reserve the right to change these Terms of Use at any time, effective immediately upon posting on our Sites. If you violate these Terms of Use, we may terminate your use of the Sites, bar you from future use of the Sites, and/or take appropriate legal action against you.

Please read these Terms of Use carefully before accessing or using this website or any software, apps, plug-ins, features and services made available on the Sites.

1. Acceptance of terms

1.1 You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that PTV Incorporated or its affiliates (“PTV”) may publish from time to time (collectively, the “Terms of Use”). By using any one of our Sites, you understand and expressly agree to be legally bound by these Terms and Conditions and to follow these Terms and Conditions and all applicable laws and regulations governing our Sites.
If you do not agree to all of the provisions contained in the Terms of Use, do not access or use the Sites.

1.2 PTV may change these Terms of Use from time to time. Your continued access or use of the Sites constitutes your acceptance of such changes. Your access and use of the Sites will be subject to the current version of the Terms of Use, rules and guidelines posted on the Sites at the time of such use. Please regularly check the “Terms of Use” link on the applicable home page of the Sites to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Sites shall automatically terminate. Without limiting the definition of the Sites, above, the Sites include the websites and any software, apps, plug-ins, features and services made available on the websites located at any domains owned or controlled by PTV or its parents or affiliates.

PLEASE READ THESE TERMS OF USE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY VISITING OR USING THE SITES, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE TERMS OF USE; (B) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; (C) YOU CAN FORM A BINDING CONTRACT; AND (D) YOU ACCEPT THE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND THEREBY. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS OF USE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO BOTH YOU INDIVIDUALLY AND SUCH ENTITY. IF YOU INTEND TO BIND AN ENTITY AND YOU DO NOT HAVE SUCH AUTHORITY YOU MAY NOT USE THE SITES, OR IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SITES. IF YOU ARE UNSURE AS TO ANY OF THE TERMS SET FORTH HEREIN, PLEASE DO NOT PROCEED FURTHER.

2. Intellectual property; limited license to site

2.1 Subject to your compliance with these Terms of Use, you may access and use the Sites. As between you and PTV, PTV remains the sole owner of all right, title, and interest in the Sites and reserves all rights not expressly granted under these Terms of Use. PTV may modify, replace, or discontinue the Sites or any part thereof at any time, for any reason, with or without notice, in PTV’s sole discretion. PTV provides the Sites on an “as is” and “as available” basis.

2.2 All content on the Sites, including the Trademarks (collectively the “PTV Content”), as well as the selection and arrangement of the PTV Content, is protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any PTV Content violates such laws and these Terms of Use. Except as expressly provided herein, PTV does not grant any express or implied permission to use the Sites or any PTV Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Sites or any PTV Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Sites, or PTV Content.

3. PTV trademarks

3.1 For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, trademark applications, Internet domain names, or other indications of origin now or in the future used, owned, or controlled by PTV or any of its affiliated entities, including without limitation the following trademarks:[Potomac™, Potomac Technologies™, PrADI™, simplai™, junosmart™, junoprotect™, telemus™].

3.2 Nothing contained herein grants or shall be construed to grant you any rights to use any PTV Trademark, unless expressly conferred by these Terms of Use.

3.3 You agree that you will not use PTV’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or PTV.

3.4 You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of PTV Trademarks or any Trademark rights claimed by PTV.

3.5 You agree that you will not use any PTV Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

3.6 You may not at any time, adopt or use, without PTV’s prior written consent any word or mark that is similar to or likely to be confused with PTV’s Trademarks.

3.7 The look and feel of the Sites, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of PTV and may not be copied, imitated or used, in whole or in part, without the prior written consent of PTV.

3.8 All other trademarks, product names, and company names or logos used or appearing on the PTV websitesother than the PTV Trademarks are the property of their respective owners. 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 PTV, unless expressly so stated.

3.9 You may not use a PTV trademark, logo, or other proprietary graphic of PTV to link to the PTV website without the prior written consent of PTV.

3.10 You may not frame or hotlink to the Sites or any part thereof without the prior written consent of PTV.

4. The information you provide

4.1 PTV (or third parties acting on its behalf) may collect information related to your use of the Sites. Third-party platforms through which you access the Sites may collect information related to your use of such third-party platform and make such information available to PTV subject to your agreement with the applicable third-party platform. PTV’s collection and use of all such information shall at all times conform to this Terms of Use, the PTV Privacy Policy, and applicable law.

4.2 PTV will use and protect your personal information, such as your name and address, in accordance with the PTV Privacy Policy, the contents of which are incorporated by reference into these Terms of Use.

5. Restrictions

You agree that you shall not:

  • Engage in any conduct that shall constitute a violation of any law or that infringes the rights of PTV or any third party.
  • Violate any applicable laws or regulations related to the access to or use of the Sites, or engage in any activity prohibited by these Terms of Use.
  • Except as explicitly authorized in these Terms of Use, archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Sites.
  • Circumvent, remove, alter, deactivate, degrade or thwart any of the content protections on the Sites;
  • Use any robot, spider, scraper or other automated means to access the Sites;
  • Decompile, reverse engineer or disassemble any software, code or other products or processes accessible through the Sites;
  • Insert any code or product or manipulate the content of the Sites in any way or use any data mining, data gathering or extraction method.
  • Upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of the Sites or any software or hardware or telecommunications equipment associated with the Sites, including any software viruses or any other computer code, files or programs.
  • Violate the rights of PTV or any third party or abuse, defame, harass, stalk or threaten another User of the Sites, on or off the Sites.

We may terminate or restrict your use of our Sites if you violate these Terms of Use or are engaged in illegal or fraudulent use of the Sites.

6. Blocks and termination of use

PTV may block, restrict, disable, suspend or terminate your access to all or part of the Sites and/or PTV Content at any time in PTV’s discretion, without prior notice or liability to PTV. Any conduct by you that, in PTV’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Sites is strictly prohibited and may result in the termination of your access to the Sites without further notice. You acknowledge and agree that PTV may immediately remove all related information and files associated with your use of the Sites.

7. Links to third party sites

In the event that the Sites are available through any third-party platform, or if PTV provides links from the Sites to any third-party platform or permits any third party to link from its platform to the Sites, you understand and agree that PTV makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of PTV, and PTV provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by PTV.

8. Warranties and disclaimers

YOUR USE OF THE SITES IS AT YOUR OWN RISK. THE SITES ARE PROVIDED BY PTV UNDER THESE TERMS OF USE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. PTV IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT OR INFORMATION YOU MAY ENCOUNTER ON THE SITES. PTV IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. PTV EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO EACH AND ANY SERVICE AVAILABLE ON THE SITES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. WITHOUT LIMITING THE FOREGOING, PTV MAKES NO WARRANTY THAT: (i) THE SITES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITES WILL BE UNINTERRUPTED; (iii) THE QUALITY OF THE SITES WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS OR DEFECTS ON THE SITES OR ANY CONTENT THEREON WILL BE CORRECTED. PTV MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES WILL BE PERMITTED IN YOUR JURISDICTION, THAT THE SITES WILL MEET YOUR NEEDS, OR THAT PTV WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE SITES.

9. Limitation of liability

IN NO EVENT SHALL PTV, ITS AFFILIATED COMPANIES, AND ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITES. YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES AND HEREBY ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT ON THE SITES. IN ADDITION, NEITHER PTV NOR ITS AFFILIATED COMPANIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, OR IN AUTHENTICITY OF THE INFORMATION CONTAINED ONTHE SITES; OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU; OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY. PTV’S ENTIRE LIABILITY FOR ANY CLAIM OF YOURS SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT RETAINED BY PTV FOR YOUR USE OF THE SITES AND YOUR LICENSE OF USER CONTENT IN THE SIX MONTHS PRIOR TO THE ACCRUAL OF YOUR CLAIM. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

PTV ASSUMES NO RESPONSIBILITY FOR CONSEQUENCES RESULTING FROM USE OF THE INFORMATION CONTAINED ON THE SITES, OR FROM USE OF THE INFORMATION OBTAINED AT LINKED SITES, OR IN ANY RESPECT FOR THE CONTENT OF SUCH INFORMATION. PTV IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR, DAMAGES OF ANY KIND ARISING OUT OF USE, REFERENCE TO, RELIANCE ON, OR PERFORMANCE OF SUCH INFORMATION

10. Indemnification

You agree to defend, indemnify and hold harmless PTV, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use Sites, your breach or alleged breach of the Terms of Use or of any representation or warranty contained herein, your unauthorized use of the PTV Content, or your violation of any rights of another.

11. Miscellaneous

11.1 PTV and you will resolve any claim, cause of action or dispute (“claim”) between us arising out of or relating to the Terms and Conditions, your use of the Sites exclusively in the state and federal courts located in New York County, NY, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.

11.2 These Terms of Use and any claim between PTV and you shall be governed by and shall be construed in accordance with the laws of the State of New York, without respect to its conflict of laws principles.

11.3 These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.

11.4 All provisions of these Terms of User that by their nature should survive termination shall survive termination; including, but not limited to, intellectual property rights, limitation of liability, disclaimer of warranty and indemnification.

12. Contact information

To ask questions or comment about these Terms of Use, contact us at potomaclegal@potomactpl.com, or:
1540 Broadway, Suite 1500
New York, NY 10036.

Please note: IF YOU USE THE SITES, YOU HAVE AGREED TO AND ACCEPTED THE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SITES.

© Potomac Technologies.