TERMS OF USE

YottaMark is pleased to provide you with the materials on our web site for informational purposes. Please carefully read the following paragraphs. Unless otherwise agreed in writing between you and YottaMark, each of these terms apply to your use of any YottaMark web site. In addition, these terms are severable, and any unmodified terms will continue to apply to you as they are stated here.


By using any one of our web site, you agree to the terms described below. If you do not agree to the terms discussed here, you should exit this web site now.


This web site is intended for use by natural persons. Use by robots, spiders, scrapers or any other manner of electronic program is prohibited and constitutes a violation of these Terms of Use, except where these are used for inclusion of this site in commercial search engines.


YottaMark maintains this web site from our offices in Redwood City, California, United States of America. We make no representations that materials in our web site are appropriate or available for use in other locations. If you access this web site from another location, you do so on your own initiative and are responsible for compliance with laws applicable at your location.


We may revise the terms described below at any time without notice by updating this posting. You are bound by any revisions and, therefore, should periodically visit this page to review the current terms that apply to your use of our web site.


Intellectual Property Rights


All contents of this web site are protected by copyright, and may not be copied, distributed, posted, transmitted or modified without our prior written consent. You may download material from our web site, for your own personal, non-commercial use only. You may not remove any of the copyright notices, patent numbers, trademark symbols, and other identifying information from any materials you access or download. You may not download material from our web site for any other purpose without our prior written consent.


YottaMark and its affiliates and licensors own all of the content contained in this site, including the software code, text, images, and technology. Under no circumstances will your access or use of this site grant you any express or implied right, title or interest in any of these materials. The trademarks and logos displayed on our web site are registered and unregistered trademarks of YottaMark, unless otherwise noted. Nothing contained in our web site should be construed as granting any license or right to use these trademarks or logos.


In the event of a dispute about ownership of any of the materials contained at this site, or infringement of any intellectual property right, please send a notice to YottaMark via email at TermsofUseReport@yottamark.com, with the subject heading “Intellectual Property Abuse Notice,” and we will review the matter and respond as appropriate.


Lawful Use of this Site


By using this site, you agree to limit your use of the materials and information available to lawful purposes, and never to use this site in violation of these Terms of Use, our Privacy Policy or for any prohibited or illegal purpose under the laws of the United States of America or your jurisdiction. You may not attempt to disable, delay, slow, harm or interfere with this site, or use this site to harm, harass or interfere with any other individual, entity, site or network.


Submissions of Information


Except where this policy is superseded by a written agreement with YottaMark, any communication or material that you transmit to, or post on, our site by electronic mail, survey or otherwise, including any data, questions, comments, suggestions or the like, is, and will be treated as, non-confidential and nonproprietary information.


YottaMark may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting in any media or format, whether known or not yet invented. Further, YottaMark is free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to our web site for any purpose whatsoever.


Concerning Your Privacy


We may monitor access to this web site. If monitored, the requesting URLs, the machine originating the request, and the time of the request, may be logged for access statistics and security purposes. By using this web site, you consent to such general monitoring. In addition, if you voluntarily provide us with personally identifiable information, we may use it in a variety of ways. Please see YottaMark's Privacy Statement for details on how information from the web site may be gathered and used.


Third Party Links


Periodically, our web site may contain links to other web sites. YottaMark is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the third-party web site. YottaMark has no control over the content on these web sites. YottaMark does not take any responsibility or assume any liability for information contained on other web sites. Your linking to any other web sites is at your own risk.


Disclaimer


YottaMark believes that the contents of this web site have come from reliable sources, but we cannot assure the information in this web site is accurate, complete or suitable for any purpose. In addition, YottaMark cannot guarantee that the contents of this web site have not been affected by technical malfunctions or unauthorized tampering. The contents of this web site are subject to change without notice. We may alter or delete material from this web site at any time.


Your use of this web site and its contents is at your own risk, and neither YottaMark nor any party involved in creating or delivering this web site shall be liable for damages of any kind that may result from access to, or use of the information contained on this web site, or any errors or omissions, misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this web site. No representation or warranty is provided for any software that may be downloaded from this web site. This limitation includes damages to, or for any virus that may infect, your computer equipment.


YOTTAMARK MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY INFORMATION OR SERVICES OBTAINED THROUGH THIS WEB SITE. IN NO EVENT WILL YOTTAMARK BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND RESULTING DIRECTLY OR INDIRECTLY FROM ANY USE OF, OR DEFECT IN, THE INFORMATION CONTAINED IN THIS WEB SITE.


By using this web site, you assume the risk that the information and materials on this web site may be incomplete, inaccurate, out-of-date, or may not meet your needs or requirements.


Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.


Indemnity & Governing Law


In using this site, you agree to defend, indemnity and hold harmless YottaMark, its agents, representatives, officers, directors, employees, shareholders and assigns from and against any and all claims, actions, liabilities, damages, losses and expenses, including but not limited to attorneys fees and costs, arising out of (1) your use or reliance on the information contained on this site or linked herein, in any manner whatsoever; (2) your interaction with this site or with third parties accessing any materials you supply, contribute or upload through this site; and (3) your unlawful use of any material contained herein.


Your use of this YottaMark site and compliance with these Terms of Use and our Privacy Policy are governed by the laws of the United States of America and the laws of the State of California. By using this site, you agree to submit any dispute arising out of or relating to this site to the jurisdiction of the federal and state courts of the County of San Mateo, State of California, U.S.A.


Termination of Access


YottaMark reserves the right to suspend service to any user and to terminate the license granted to use the materials on this site. In the event that YottaMark determines, in its sole discretion, that you have breached any aspects of our Terms of Use, our Privacy Policy, or any other applicable policy governing your use or access of this site, YottaMark may suspend your access to this site, in whole or in part, temporarily or permanently, and terminate your license. Upon termination, you must immediately destroy any and all copies of materials you downloaded or otherwise copied from this site.


Export of Information


The United States Export Controls laws prohibit the export of certain technical data and software to certain territories. No content from this site may be downloaded or otherwise exported in violation of United States law.


Web Site Availability


YottaMark's web site may be unavailable from time to time due to mechanical, technical, software, hardware or third-party vendor failures, updating or construction. YottaMark cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

12/22/11