Pope Tech Terms of Use

1. INTRODUCTION AND AGREEMENT TO TERMS

This Terms of Use (the "Terms") is an agreement between you and Pope Tech Corporation, a Delaware corporation ("Pope Tech", "we", "us" or the "Company") and governs your use of the Pope Tech platform, including but not necessarily limited to all Company websites, including but not limited to the website located at https://pope.tech (collectively, the "Website"), and software applications that incorporate or link to these Terms or are referenced hereby (collectively, with the Website, the "Hosted Services") and any and all findings, reports, and other material that may be made available through, or generated by, the Hosted Services (the "Content"). "You" and "your" means the individual and/or legal entity using the Hosted Services pursuant to these Terms. "Use" or "using" means to download, install, activate, access, or otherwise utilize the Hosted Services.

By using the Hosted Services, you agree to be bound by these Terms and to the collection and use of your information as set forth in the Pope Tech Privacy Policy ("Privacy Policy"). In other words, this document becomes a legally binding agreement between you and Pope Tech once you begin using any of the Hosted Services. If you do not agree to be bound by these Terms of Use or the Privacy Policy, you must not access or use any of the Hosted Services.

We may revise and update these Terms of Use and the Privacy Policy from time to time in our sole and absolute discretion. All changes are effective immediately when we post them and apply to all access to and use of the Hosted Services and the Content thereafter. However, any changes to the dispute resolution provisions set forth in Section 11, below, entitled Governing Law and Jurisdiction, below, will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

2. AGE AND ELIGIBILITY REQUIREMENTS

BY USING THE HOSTED SERVICES, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER AND POSSESS THE LEGAL AUTHORITY TO CREATE A BINDING LEGAL OBLIGATION, and you represent and affirm that there is no reason why your consent to be bound by these Terms would not be fully binding upon you and/or your company. If you are using the Hosted Services on behalf of an entity, you represent that you have authority to bind such entity. If you do not have such authority or you do not agree to these Terms, neither you nor the entity may use the Hosted Services for any purpose whatsoever. Additionally, in order to use the Hosted Services, you represent that:

you reside in the United States, and/or you consent to being governed by the laws of the United States and the laws of the State of Utah, as applicable, without giving effect to any choice or conflict of law provision or rule (whether of the United States, the State of Utah or any other jurisdiction) with regard to all matters described in Section 11 hereof entitled Governing Law and Jurisdiction;
any registration and account information that you submit to Pope Tech is true, accurate, and complete, and you agree to update it as necessary in order to keep it accurate at all times;
you will only use the Hosted Services and any Content for the legitimate business purpose for which they were developed, in accordance with these Terms, for yourself or any other person for whom you are legally authorized to act.

3. THE HOSTED SERVICES

Pope Tech Service Options

The different options and general information regarding pricing, services and help desk availability can be found by contacting a Pope Tech Sales Representative as follows: by telephone at: +1 (844) 331-7673, or online at: https://pope.tech/contact. For frame of reference, various “Websites Pricing Plans” can be found on our website at: https://pope.tech/pricing. All pricing and service options ("Service Plans") are subject to change and may be modified at any time by an authorized representative of the Company. We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.

Third-Party Applications, Devices and Open-Source Software

The Hosted Services may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. Pope Tech does not guarantee that your Third-Party Applications and/or Devices will be compatible with the Hosted Services.

Service Limitations and Modifications

We use reasonable efforts to keep the Hosted Services operational and to provide you with a personalized experience. However, our service offerings and their availability may change from time to time, without liability to you. For example:

The Hosted Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
We aim to evolve and improve the Hosted Services constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the Hosted Services (including particular functions, features, subscription plans, and promotional offerings);
Pope Tech has no obligation to provide any specific content through the Hosted Services, and Pope Tech or the applicable owners may remove particular Content without notice.

If you have prepaid fees directly to Pope Tech for a subscription ("Paid Subscription") that Pope Tech permanently discontinues prior to the end of your subscription period, Pope Tech will refund you the prepaid fees attributable to that portion of the subscription period remaining after such discontinuation. Your account and billing information must be up to date in order for us to make such refund to you

Pope Tech has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, Acts of God/force majeure events, or any other events beyond our control.

Pope Tech will provide technical and practical support to your key users of the Hosted Services subject to any limitations set forth in any Service Plans, but Pope Tech does not guarantee a support representative will be available at all times. Additionally, Pope Tech does not guarantee a support representative will be able to determine the source of any problems arising from any integration or interaction with any Third-Party Applications.

No Legal Assurance or Guarantee of Accessibility

The Hosted Services are provided “as is” without any express or implied warranty. Pope Tech offers no guarantees of your website’s compliance with accessibility standards. Pope Tech’s automated reports are generated by software. These machine-generated evaluations of your website accessibility are not legally conclusive. Pope Tech does not guarantee that your use of the Hosted Services will ensure the accessibility of your web content or that your web content will comply with any specific web accessibility standard, law, or regulation. Pope Tech is designed to help web creators make their web content more accessible but cannot guarantee accessibility to any particular standard.

It is not Pope Tech’s intent that the Hosted Services or any Content be used for legal or litigation purposes. While Pope Tech supports the civil rights of individuals with disabilities to access web content, and provides services to help organizations implement accessibility, Pope Tech cannot provide a good measure of accessibility compliance or discrimination. Use in legal actions may cause confusion and may suggest a relationship with complainants, litigants, or defendants that are not valid. The use of the Hosted Services’ results and/or data for any purpose related to a legal proceeding is not allowed without written permission from Pope Tech that must be signed by an officer of Pope Tech. If you are aware of the Hosted Services being used in violation of these terms, please contact Pope Tech immediately.

4. USE OF THE HOSTED SERVICES

Creating a Pope Tech Account

You will need to create a Pope Tech account to use all or part of the Hosted Services, including a username and password. Your password is for your personal use only and should be kept confidential. Please note that your username will be viewable to others on our platform. You are completely responsible for all use (including any unauthorized use) of your username in conjunction with your password. Notify our Customer Service Department immediately if your password is lost or stolen, or if you believe there has been unauthorized access to your account. Our Customer Service Department can be reached at https://pope.tech/contact, or by phone at: +1 (844) 331-7673.

We may reclaim, or require you to change, your username and/or password for any reason.

Access to the Hosted Services

Subject to your compliance with these Terms (including any other applicable terms and conditions as may be posted from time to time), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Hosted Services and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Pope Tech. You agree that you will not redistribute, transfer or assign the Hosted Services or the Content without the prior written consent of an officer of Pope Tech. Any attempted redistribution, transfer or assignment not in compliance with the foregoing shall be void and of no effect. Any failure to comply with these Terms may result in the termination of your Pope Tech account and access to the Hosted Services.

The Hosted Services and the Content are licensed, not sold or transferred to you, and Pope Tech and its licensors retain ownership of all copies of any and all of the Hosted Services and Content.

We retain the right, at our sole and absolute discretion, to deny access to anyone to the Hosted Services at any time and for any reason, including, but not limited to, for violation of these Terms of Use. Such denial of access may be temporary or permanent.

You are responsible for making all arrangements necessary for you to have access to the Hosted Services. Additionally, you are responsible for ensuring that all persons who access all or any portion of the Hosted Services through your internet connection are aware of these Terms of Use and comply with them.

Analysis of YouTube Content

If you utilize YouTube videos as part of your content, you may turn on YouTube integration to allow the Hosted Services to run a preliminary diagnostic on such videos to assess their accessibility. By utilizing the Hosted Services to assess such content, you agree to abide by the terms and conditions of YouTube's Terms of Service (https://www.youtube.com/t/terms).

Additionally, if the Hosted Services are utilized to assess the accessibility of your YouTube content, we utilize YouTube API Services to access your content. Information obtained by us via the YouTube API is limited to public information about whether the videos are captioned and other public information such as the YouTube channel identification, video length, number of views, etc. Again, all information obtained by us via the YouTube API is utilized strictly to assess accessibility in accordance with the primary goal of the Hosted Services.

5. PROHIBITED USES OF THE HOSTED SERVICES

You may use the Hosted Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Hosted Services:

In any way that violates any applicable federal, state, local or international law, code or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To impersonate or attempt to impersonate the Company, a Pope Tech employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
For any commercial purpose, other than those for which it was specifically designed. By way of example, and not limitation, you shall not use this Hosted Services or Content to make any speculative, false or fraudulent undertaking.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Hosted Services, or which, as determined by us, may harm Pope Tech or users of the Hosted Services or expose them to liability.

Additionally, you agree not to:

Use the Hosted Services in any manner that could disable, overburden, damage, or impair them or interfere with any other party's use of them, including their ability to engage in real time activities through the Hosted Services.
Use any robot, spider or other automatic device, process or means to access the Hosted Services for any purpose, including monitoring, copying or scraping any of the material on the Hosted Services.
Use any manual process to monitor or copy any of the material on the Hosted Services or for any other unauthorized purpose without our prior written consent.
"Frame," "Mirror" or otherwise incorporate any part of this Hosted Services into any other website without our prior written consent.
Deep link to any portion of the Hosted Services for any purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Hosted Services.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Hosted Services, the server on which the Hosted Services and/or any data related to the Hosted Services, Content, or data associated with the Company or any user of the Hosted Services are stored, or any server, computer or database connected to the Hosted Services.
Attack the Hosted Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Hosted Services.

You may only use the Hosted Services to scan your website(s) unless you receive written permission from Pope Tech that is signed by an officer of the Company.

You may not resell or add other individuals, entities, organizations, or clients to the Hosted Services unless you have received written permission from Pope Tech that is signed by an officer of Pope Tech.

6. PAYMENTS AND CANCELLATION

Billing

Payment options may vary over time and may include, but are not necessarily limited to, paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase.

Tax rates are calculated based on the information you provide and the applicable rates at the time of billing. Should any tax liability arise from your failure to accurately provide the requested information, you will be responsible for paying such tax liability.

PLEASE NOTE: Payment options may change over time. As a result, the payment options set forth above may or may not be available at the time of your contracting with us. Please consult with your Sales Representative for currently available pricing and payment plans. To the degree your particular purchase contract and these Terms of Use are in disagreement, the terms of your specific contract will control.

Price and Tax Changes

Pope Tech may make changes to Paid Subscriptions from time to time, including changes to recurring subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Hosted Services after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.

Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

Renewal and Cancellation

Please note that your payment to Pope Tech will automatically renew at the end of the applicable subscription period unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team at https://pope.tech/contact or call +1 (844) 331-7673 for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.

7. INTELLECTUAL PROPERTY RIGHTS

Pope Tech's Proprietary Rights

Except as may otherwise specifically be set forth in writing by us, the Hosted Services and the Content, including but not limited to the Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Pope Tech, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and are the property of Pope Tech or Pope Tech's licensors. All Pope Tech trademarks, service marks, trade names, logos, domain names, and any other features of the Pope Tech brand ("Pope Tech Brand Features") are the sole property of Pope Tech or its licensors. These Terms do not grant you any rights to use any Pope Tech Brand Features whether for commercial or non-commercial use.

These Terms of Use permit you to use the Hosted Services for your personal, non-commercial use only. You must not reproduce, distribute (whether through sale, license, sublicense, etc.), modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Hosted Services, except that you may use the Content provided by Pope Tech regarding websites owned by you or your company as may be reasonably necessary to help bring your website(s) into further compliance with applicable laws and make such websites generally more accessible.

You must not:

Modify copies of any Content.
Use any text, illustrations, photographs, video or audio sequences or any graphics without our prior written consent except as specifically set forth within these Terms.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Hosted Services or any Content.

You must not access or use for any commercial purposes any part of the Hosted Services, Content provided thereby, or other materials available through the Hosted Services. You have no right to transfer, assign, modify or otherwise share the rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Hosted Services, Content, applications, or any other content, or any portion thereof, except as expressly permitted in these Terms. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from Pope Tech, the Hosted Services or the Content.

No rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Pope Tech or its licensors, except for the rights expressly granted in these Terms of Use.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Hosted Services or Content in breach of these Terms, your right to use the Hosted Services and/or Content will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Hosted Services or Content, or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Pope Tech. Any use of the Hosted Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Trademarks

The Pope Tech name, the term “Pope Tech”, the mark , and all related names, logos, marks, product and service names, designs and slogans are trademarks of Pope Tech or its affiliates or licensors. You must not use such marks without the prior written permission of Pope Tech. All other names, logos, product and service names, designs and slogans contained on or in the Hosted Services or Content are the trademarks of their respective owners.

Feedback

If you provide ideas, suggestions, or other feedback in connection with your use of the Hosted Services or any Content ("Feedback"), such Feedback is not confidential and may be used by Pope Tech without restriction and without payment to you.

Your Device

You also grant to us the right (1) to allow the Hosted Services to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Hosted Services, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.

8. EXPORT CONTROL AND SANCTIONS

Pope Tech's products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any U.S. government list of prohibited or restricted parties.

You agree to comply with all applicable export and reexport control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, you agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Pope Tech under these Terms to any destination, entity, or person or for any end-use prohibited by the EAR, trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior.

9. CUSTOMER SUPPORT, INFORMATION, QUESTIONS, AND COMPLAINTS.

For customer support with account and payment related questions, or if you have any questions concerning the Hosted Services or these Terms (including any additional Pope Tech terms and conditions incorporated herein), please contact Pope Tech Customer Service by visiting the Contact Us section of our Website located at https://pope.tech/contact or call us at +1 (844) 331-7673. You may also contact us at the following mailing address:

Pope Tech
PO Box 460
Providence, UT 84332

In addition, you may contact the Consumer Mediation Unit ("Mediation Unit") of the Delaware Department of Justice or the Complaint Assistance Unit ("Complaint Unit") of the Office of Consumer Services of the Utah Department of Consumer Affairs in order to resolve a complaint regarding the Company or the Hosted Services or to receive further information regarding use of the Mediation Unit’s or the Complaint Unit’s resources utilizing the following contact information:

Delaware Consumer Mediation Unit Contact Information

Phone	Email	Mailing Address	Office Location
(302) 577-8600 or (800) 220-5424	consumer.protection@delaware.gov	Delaware Dept. of Justice Consumer Mediation Unit 820 N. French Street, 5th Floor Wilmington, DE 19801	Delaware Dept. of Justice Carvel State Building 820 N. French St. Wilmington, DE 19801

Utah Department of Consumer Affairs Contact Information

Phone	Email	Mailing Address	Office Location
(801) 530-6674	ocs@utah.gov	Office of Consumer Services State of Utah Dept. of Commerce P.O. Box 146782 Salt Lake City, UT 84114-6782	Heber M. Wells Building 2nd Floor, Room 201 160 East 300 South Salt Lake City, UT

For assistance regarding questions about your website’s accessibility issues, please use the customer support resources listed on our Accessibility Help Desk located at https://pope.tech/accessibility-helpdesk. Please note that such assistance may not be available depending on the plan to which you have subscribed. (You may consult your Pope Tech sales representative for further details about how to take advantage of our Accessibility Help Desk features).

10. LIABILITY, LIMITATIONS , INDEMNIFICATION AND DISPUTE RESOLUTION

Indemnification

You agree to defend, indemnify and hold harmless Pope Tech, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (collectively, including Pope Tech, the "Company Indemnitees") from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (i) your violation of these Terms of Use or other documentation relating to your use of the Hosted Services, or (ii) your use of the Hosted Services or the Content, or your use of any information obtained from the Hosted Services or the Content (other than as expressly authorized in these Terms of Use).

You acknowledge, attest, and affirm that when scanning behind a login the credentials used are for demo users, which do not have access to any sensitive, private, or confidential data. You acknowledge and agree that none of the Company Indemnitees shall be responsible if any data is modified, destroyed, or otherwise altered, or if any confidential, private, or otherwise sensitive information is compromised as a result of the web pages being scanned. You agree and acknowledge that you will indemnify and hold the Company Indemnitees harmless from and against all liability, cost, or damage arising out of the website scan and/or any information obtained during such scan.

Limitation of Liability and Time for Filing a Claim

You are responsible for the web pages that you scan with the Hosted Services. Pope Tech is not responsible for any confidential or sensitive information included on the web pages scanned by you. Pope Tech will store on its servers most, if not all, of the content of any and all web pages you scan, typically for no more than 120 days after the date of scanning. Pope Tech will use commercially reasonable efforts to secure its servers and such information but cannot guarantee the privacy of any information stored thereon.

While Pope Tech utilizes commercially reasonable efforts to maintain the security of its systems, it is possible that a system breach could occur. Pope Tech is not responsible for any issues caused on your website or servers through your use of the Hosted Services or any Content. You decide which website(s) to scan, through what connections, and at what speed the web pages are scanned.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Hosted Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Hosted Services for any reconstruction of any lost data.

POPE TECH IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY HOSTED SERVICES OR ITEMS OR CONTENT OBTAINED THROUGH THE HOSTED SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OUR WEBSITE, OR ON ANY WEBSITE LINKED TO IT, OR ANY CONTENT.

YOUR USE OF THE HOSTED SERVICES, ANY CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE HOSTED SERVICES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY HOSTED SERVICES OR CONTENT OBTAINED THROUGH THE HOSTED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER POPE TECH NOR ANY PERSON ASSOCIATED WITH THE COMPANY (INCLUDING BUT NOT LIMITED TO THE COMPANY INDEMNITEES) MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE HOSTED SERVICES OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE HOSTED SERVICES OR ANY CONTENT OBTAINED THROUGH THE HOSTED SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE HOSTED SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, THE HOSTED SERVICES OR ANY ITEMS OR CONTENT OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ARE SOLELY RESPONSIBLE FOR THE USERS OF YOUR WEBSITE(S) AND ANY INFORMATION ADDED TO OR DELETED FROM YOUR WEBSITE, WHETHER AS A RESULT OF UTILIZING THE HOSTED SERVICES OR OTHERWISE.

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE HOSTED SERVICES IS TO STOP USING THE HOSTED SERVICES. YOU AGREE THAT NONE OF THE COMPANY INDEMNITEES HAS ANY OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE HOSTED SERVICES, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO POPE TECH, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.

IN NO EVENT WILL ANY OF THE COMPANY INDEMNITEES BE LIABLE FOR THE FOLLOWING, REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE HOSTED SERVICES, ANY CONTENT PROVIDED THEREBY, OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE:

INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES;
LOSS OR CORRUPTION OF DATA OR INTERRUPTION OR LOSS OF BUSINESS; OR
LOSS OF REVENUE, PROFITS, GOODWILL, OR ANTICIPATED SALES OR SAVINGS.

ALL LIABILITY OF COMPANY INDEMNITEES TO YOU, IF ANY, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU OVER THE PRECEDING TWELVE MONTHS FOR THE HOSTED SERVICES THAT GAVE RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY FOR THE HOSTED SERVICES IS CUMULATIVE AND NOT PER INCIDENT. NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. YOUR AGREEMENT TO THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE ARE A MATERIAL PART OF THE CONSIDERATION RECEIVED BY POPE TECH IN ALLOWING YOU TO USE THE HOSTED SERVICES. POPE TECH WOULD NOT HAVE ENTERED INTO A CONTRACT WITH YOU TO UTILIZE THE HOSTED SERVICES BUT FOR YOUR AGREEMENT TO BE BOUND BY SUCH LIMITATIONS AND EXCLUSIONS.

ANY CLAIM OR ACTION ARISING UNDER THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD HAVE KNOWN OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

11. Governing Law and Jurisdiction

All matters relating to the Hosted Services, the Content and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the United States, the State of Utah or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, the Hosted Services or the Content shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in the County of Salt Lake, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use or enforcement of any award obtained against you in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts based upon a theory of forum non conveniens or otherwise.

12. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR ANY PORTION OF THE HOSTED SERVICES, OR ANY CONTENT PROVIDED THEREBY, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

13. Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

14. Entire Agreement

These Terms of Use and our Privacy Policy, as well as any and all other documentation which may be referenced herein from time to time, and any written document executed by and between you and us, constitute the sole and entire agreement between you and Pope Tech with respect to the Hosted Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect thereto. Any disagreement between these Terms of Service and any written document executed by and between you and us shall be controlled by these Terms of Use and/or our published Privacy Policy, as applicable unless this Section 14 is specifically modified by such written document.

Your Comments and Concerns

This website is operated by Pope Tech Corporation, whose address is: