Website Terms of Use for Clients

Key Terms

Pochmak provides an online platform that connects professionals who are deemed to be specialists/experts in particular industries based on their education and/or work experience and therefore who are able to provide professional insight into companies, sectors, products with people who are looking to obtain particular consulting services, which are accessible at www.pochmak.com, including any content, functionality and services offered on or through www.pochmak.com and any other websites through which Pochmak makes the services available (collectively, the “Website“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application”) and hosts the Extranet where authorized users can securely access information from Pochmak.

(1) “Affiliate” means, in relation to Pochmak or a Client, any other person or entity, whether incorporated or not, which from time to time Controls, is Controlled by or is under common Control with, that Party; (2) “Authorized User” means individuals who have been authorized by Pochmak to use the Extranet, usually by Pochmak providing such individuals with Log-In Details; (3) “Client” means a company or individual who is using Website to connect to and obtain services of the specialists/experts; (4) “Pochmak” means Pochmak Inc.; (5) “Pochmak Network” means members of Pochmak’s network of Experts/Specialists; (6) “Control” means the ability to direct the affairs of another, whether by way of contract, ownership of shares or otherwise, and “Controls” and “Controlled” shall be construed accordingly; (7) “Extranet” means the restricted private areas of the Pochmak website hosted by or on behalf of Pochmak, which is accessed by Log-In Details. (8) “Intellectual Property” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, whether registered or unregistered, and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world whether no existing or created in the future; (9) “Log-In Details” means the unique information given to you by Pochmak which allows you to access the database (including the user name and password); (10) “Privacy Policy” means Pochmak’s privacy policy posted at www.pochmak.com/privacy-policy (as amended from time to time); (11) “Representatives” means Pochmak’s directors, officers, employees, agents and contractors, Affiliates, and all such Affiliates’ respective directors, officers, employees, agents and contractors; (12) “Specialist” or “Experts” means a professional who is a consultant member of the Pochmak Network and who possessed certain education and/or work experience that allows him/her to provide professional insight into companies, sectors, products to assist Clients with making informed business decisions; (13) “Terms of Use” means this agreement as amended from time to time by Pochmak in its sole discretion; (14) “Unauthorized User” means individuals who have not been permitted by Pochmak to access the Extranet; (15) “User” means Authorized User; (16) “You” means the individual that accesses this Extranet.

Terms of Use

These terms of use are entered into by and between You and Pochmak, Inc. ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the Website, including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

THE WEBSITE, APPLICATION IF ANY PROVIDED, AND SERVICES COMPRISE AN ONLINE PLATFORM TO FACILITATE THE CONNECTION OF THE CLIENTS LOOKING FOR SERVICES WITH EXPERTS/SPECIALSTS WHO CAN PROVIDE SUCH SERVICES. CLIENTS MAY CREATE PROJECTS, CONTACT AND OBTAIN SERIVCES OF SPECIALISTS/EXPERTS AND SPECIALISTS/EXPERTS MAY CREATE INDIVIDUAL PROFILES, LEARN ABOUT CLIENTS’ PROJECTS, CONTACT CLIENTS, AND PROVIDE SERVICES DIRECTLY TO THE CLIENTS. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CLIENTS AND SPECIALISTS/EXPERS, NOR IS THE COMPANY A CONSULTANT, ADVISER, BROKER, DEALER, AGENT, INSURER OR ANY OTHER FIDUTIARY. THE COMPANY DOES NOT PARTICIPATE IN THE SELECTION OF THE PROJECTS POSTED ON THE WEBSITE OR SPECIALISTS/EXPERTS, DOES NOT VERIFY THE CREDENTIALS OF THE SPECIALIST/EXPERTS, HAS NO CONTROL OVER THE CONDUCT OF AND INFORMATION PROVIDED BY THE CLIENTS, SPECIALSIST/EXPERTS OR OTHER USERS OF THE SITE, APPLICATION IF ANY, OR SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU CHOOSE TO CREATE A PROJECT ON THE WEBSITE, CONTACT A SPECIALIST/EXPERTS, OR OBTAIN SERVICES OF A SPECIALIST/EXPERT, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH THE COMPANY IS LIMITED TO BEING A WEBSITE USER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, WHO IS NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF THE COMPANY FOR ANY REASON, AND WHO ACTS EXCLUSIVELY ON HIS/HER OWN BEHALF AND FOR HIS/HER OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF THE COMPANY. THE COMPANY DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, PROFILES, LISTINGS, INFORMATION POSTED BY THE WEBSITE USERS, OFFLINE ACTIVITIES ASSOCIATED WITH THE SAID, OR ANY OTHER MATTERS RELATED TO ANY SERVICE THAT MAY BE PROVIDED BY THE WEBSITE USERS. AS A WEBSITE USER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF THE COMPANY, INCLUDING BY INAPPROPRIATELY USING ANY OF THE COMPANY’S INTELLECTUAL PROPERTY.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction 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.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

In order to access the Website, you will be given personal Log-In Details. You must treat such information as confidential and you must not disclose it to any other person or entity. Each Authorized User may have a different level of access privilege. You agree that: (i) your Log-In Details are only for your personal use; (ii) you will not permit anyone else to use your Log-In Details to access the Website; (iii) you will not transfer or share your Log-In Details with anyone else; (iv) you also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You agree to inform the Company immediately if: (i) you believe that someone has gained unauthorized access to your account; and/or (ii) your Log-In Details have been disclosed to a third party. You are responsible for all access to the Website through your Log-In Details and agree to be responsible for any loss or damage resulting from use of your Log-In Details by any third party.

Your Log-In Details only allow you access to view materials related to your relationship with the Company. You shall not attempt to access or view materials for any other party. If for any reason you obtain access to any materials not related to your relationship with the Company you shall inform the Company immediately and refrain from viewing or downloading such materials. Further, you agree not to change, modify, delete, interfere with or misuse any data accessed through this Website relating to any third party. The Company will not be liable for any loss or damage arising from your failure to keep your Log-In details secure. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for: (i) Making all arrangements necessary for you to have access to the Website. (ii) Ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

If you experience any technical problems, please email us at info@pochmak.com

Confidentiality

In connection with the provided services one party may disclose (“Disclosing Party”) or make available to the other party (“Receiving Party”) Confidential Information. "Confidential Information" means information in any form or medium (whether oral, written, electronic or other) that the Disclosing Party considers confidential or proprietary, including information consisting of or relating to the Disclosing Party's technology, trade secrets, know-how, business operations, plans, strategies, customers, and pricing, and information with respect to which the Disclosing Party has contractual or other confidentiality obligations, whether or not marked, designated or otherwise identified as "confidential". Without limiting the foregoing: (a) the contents of any conversation between the Client and Specialist/Expert is the Confidential Information; and (b) any proprietary information Specialist/Expert may possess is the Confidential Information of the Specialist/Expert and he/she may refuse to disclose it without any reason.
The Client expressly agrees not to (i) record the conversations with Specialists/Experts by any means; and (ii) disclose the contents of any conversation with Specialists/Experts except as contemplated by this Section. Exclusions and Exceptions. Other than personal information, Confidential Information does not include information that the Receiving Party can demonstrate by written or other documentary records: (a) was rightfully known to the Receiving Party without restriction on use or disclosure prior to such information's being disclosed or made available to the Receiving Party in connection with this Agreement; (b) was or becomes generally known by the public other than by the Receiving Party's or any of its Representatives' noncompliance with this Agreement; (c) was or is received by the Receiving Party on a non-confidential basis from a third party that, to the Receiving Party's knowledge, was not or is not, at the time of such receipt, under any obligation to maintain its confidentiality; or (d) the Receiving Party can demonstrate by written or other documentary records was or is independently developed by the Receiving Party without reference to or use of any Confidential Information.

Protection of Confidential Information. As a condition to being provided with any disclosure of or access to Confidential Information, the Receiving Party shall:
(a) not access or use Confidential Information other than as necessary to obtain services, exercise its rights or perform its obligations under and in accordance with this Terms of Use; (b) except as may be expressly permitted by the Disclosing Party, not to disclose or permit access to Confidential Information other than to its Representatives who: (i) need to know such Confidential Information for purposes of the Receiving Party's exercise of its rights or performance of its obligations under and in accordance with this Terms of Use; (ii) have been informed of the confidential nature of the Confidential Information and the Receiving Party's obligations; and (iii) are bound by written confidentiality and restricted use obligations at least as protective of the Confidential Information. (c) safeguard the Confidential Information from unauthorized use, access or disclosure using at least the degree of care it uses to protect its similarly sensitive information and in no event less than a reasonable degree of care; (d) promptly notify the Disclosing Party of any unauthorized use or disclosure of Confidential Information and take all reasonable steps/use its best efforts/cooperate with Disclosing Party to prevent further unauthorized use or disclosure; and (e) ensure its Representatives' compliance with, and be responsible and liable for any of its Representatives' non-compliance with this Terms of Use.

Notwithstanding any other provisions of this Agreement, the Receiving Party's obligations under this Section with respect to any Confidential Information that constitutes a trade secret under any applicable law will continue until such time, if ever, as such Confidential Information ceases to qualify for trade secret protection under one or more such applicable laws other than as a result of any act or omission of the Receiving Party or any of its Representatives.

Compelled Disclosures. If the Receiving Party or any of its Representatives is compelled by applicable law to disclose any Confidential Information then, to the extent permitted by applicable law, the Receiving Party shall: (a) promptly, and prior to such disclosure, notify the Disclosing Party in writing of such requirement so that the Disclosing Party can seek a protective order or other remedy or waive its rights; and (b) provide reasonable assistance to the Disclosing Party, at the Disclosing Party's sole cost and expense, in opposing such disclosure or seeking a protective order or other limitations on disclosure. If the Disclosing Party waives compliance or, after providing the notice and assistance required under this Section, the Receiving Party remains required by law to disclose any Confidential Information, the Receiving Party shall disclose only that portion of the Confidential Information that, on the advice of the Receiving Party's legal counsel, the Receiving Party is legally required to disclose and, on the Disclosing Party's request, shall use commercially reasonable efforts to obtain assurances from the applicable court or other presiding authority that such Confidential Information will be afforded confidential treatment.

The obligations contained in this Section shall survive any termination or expiration of these Terms of Use or relationship between the parties.

Intellectual Property Rights

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 the Company, 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.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

(1) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. (2) You may store files that are automatically cached by your Web browser for display enhancement purposes. (3) If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. (4) If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not: (i) Modify copies of any materials from this site. (ii) Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. (iii) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@pochmak.com

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website 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 Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans, whether registered or unregistered, are trademarks of the Company or its Affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: (a) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). (b) 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. (c) To send, knowingly receive, upload, download, use or re-use any material, which does not comply with the Content Standards set out in these Terms of Use. (d) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation. (e) To impersonate or attempt to impersonate the Company, a Company 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). (f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to: (a) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website. (b) Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. (c) Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent. (d) Use any device, software or routine that interferes with the proper working of the Website. (e) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. (f) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. (g) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. (h)Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, video and audio conference, desktop and mobile messaging system, search engine, email communication, text messaging system and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our Affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that: (i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our Affiliates and service providers, and each of their and our respective licensees, successors and assigns. (ii) All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to: (1) Remove or refuse to post any User Contributions for any or no reason in our sole discretion. (2) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company. (3) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. (4) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. (5) Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EITHER THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: (1) Contain any material, which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. (2) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. (3) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. (4) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy. (5) Be likely to deceive any person. (6) Promote any illegal activity, or advocate, promote or assist any unlawful act. (7) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person. (8) Impersonate any person, or misrepresent your identity or affiliation with any person or organization. (9) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising. (10) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to info@pochmak.com. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to: (1) Link from your own or certain third-party websites to certain content on this Website. (2) Send e-mails or other communications with certain content, or links to certain content, on this Website. (3) Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (1) Establish a link from any website that is not owned by you. (2) Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. (3) Link to any part of the Website other than the homepage. (4) Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

PLEASE NOTE THAT, AS STATED ABOVE, THE WEBSITE, APPLICATION IF ANY, AND SERVICES ARE INTENDED TO BE USED TO FACILITATE CLIENTS AND SPECIALISTS/EXPERTS CONNECTING AND WORKING DIRECTLY WITH EACH OTHER. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY WEBSITE USER. THE COMPANY MAY CONDUCT SUCH BACKGROUND CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A USER. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE. THE COMPANY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SERVICE. THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICES. ACCORDINGLY, ANY SERVICES WILL BE MADE OR ACCEPTED AT THE WEBSITE USER’S OWN RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY’S REPRESENTATIVES, WEBSITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY EXPERTS/SPECIALISTS. YOU UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE, APPLICATION OR SERVICES OR TO REVIEW ANY PROFILES CREATED OR SERVICES PROVIDED BY THE WEBSITE USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CLIENTS AND SPECIALISTS/EXPERTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY THE COMPANY. THE COMPANY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY WEBSITE USER OR OTHER THIRD PARTY.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website 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 site for any reconstruction of any lost data. WE WILL NOT BE 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 SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, 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.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its Affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website 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 New York without giving effect to any choice or conflict of law provision or rule of any other jurisdiction. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York (in each case located in the City of New York and County of New York), although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use 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.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

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 THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of 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 the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Pochmak, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by Pochmak, Inc., 3775 63rd Street B58, Woodside, New York, NY, 11377. All notices of copyright infringement claims should be sent to the provided address or emailed to info@pochmak.com in the manner and by the means set forth therein. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@pochmak.com.

Last revised February 2017

Website Terms of Use for Specialists/Experts

Key Terms

Pochmak provides an online platform that connects professionals who are deemed to be specialists/experts in particular industries based on their education and/or work experience and therefore who are able to provide professional insight into companies, sectors, products with people who are looking to obtain particular consulting services, which are accessible at www.pochmak.com, including any content, functionality and services offered on or through www.pochmak.com and any other websites through which Pochmak makes the services available (collectively, the “Website“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application”) and hosts the Extranet where authorized users can securely access information from Pochmak.

(1) “Affiliate” means, in relation to Pochmak or a Client, any other person or entity, whether incorporated or not, which from time to time Controls, is Controlled by or is under common Control with, that Party; (2) “Authorized User” means individuals who have been authorized by Pochmak to use the Extranet, usually by Pochmak providing such individuals with Log-In Details; (3) “Client” means a company or individual who is using Website to connect to and obtain services of the specialists/experts; (4) “Pochmak” means Pochmak Inc.; (5) “Pochmak Network” means members of Pochmak’s network of Experts/Specialists; (6) “Control” means the ability to direct the affairs of another, whether by way of contract, ownership of shares or otherwise, and “Controls” and “Controlled” shall be construed accordingly; (7) “Extranet” means the restricted private areas of the Pochmak website hosted by or on behalf of Pochmak, which is accessed by Log-In Details. (8) “Intellectual Property” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, whether registered or unregistered, and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world whether no existing or created in the future; (9) “Log-In Details” means the unique information given to you by Pochmak which allows you to access the database (including the user name and password); (10) “Privacy Policy” means Pochmak’s privacy policy posted at www.pochmak.com/privacy-policy (as amended from time to time); (11) “Representatives” means Pochmak’s directors, officers, employees, agents and contractors, Affiliates, and all such Affiliates’ respective directors, officers, employees, agents and contractors; (12) “Specialist” or “Experts” means a professional who is a consultant member of the Pochmak Network and who possessed certain education and/or work experience that allows him/her to provide professional insight into companies, sectors, products to assist Clients with making informed business decisions; (13) “Terms of Use” means this agreement as amended from time to time by Pochmak in its sole discretion; (14)“Unauthorized User” means individuals who have not been permitted by Pochmak to access the Extranet; (15)“User” means Authorized User; (16)“You” means the individual that accesses this Extranet.

Terms of Use

These terms of use are entered into by and between you and Pochmak, Inc. ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the Website, including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

THE WEBSITE, APPLICATION IF ANY PROVIDED, AND SERVICES COMPRISE AN ONLINE PLATFORM TO FACILITATE THE CONNECTION OF THE CLIENTS LOOKING FOR SERVICES WITH EXPERTS/SPECIALSTS WHO CAN PROVIDE SUCH SERVICES. CLIENTS MAY CREATE PROJECTS, CONTACT AND OBTAIN SERIVCES OF SPECIALISTS/EXPERTS AND SPECIALISTS/EXPERTS MAY CREATE INDIVIDUAL PROFILES, LEARN ABOUT CLIENTS’ PROJECTS, CONTACT CLIENTS, AND PROVIDE SERVICES DIRECTLY TO THE CLIENTS. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CLIENTS AND SPECIALISTS/EXPERTS, NOR IS THE COMPANY A CONSULTANT, ADVISER, BROKER, DEALER, AGENT, INSURER OR ANY OTHER FIDUTIARY. THE COMPANY DOES NOT PARTICIPATE IN THE SELECTION OF THE PROJECTS POSTED ON THE WEBSITE OR SPECIALISTS/EXPERTS, DOES NOT VERIFY THE LEGITIMACY OF THE PROJECT, DOES NOT CONDUCT CLIENTS’ BACKGROUND CHECKS, HAS NO CONTROL OVER THE CONDUCT OF AND INFORMATION PROVIDED BY THE CLIENTS, SPECIALSIST/EXPERTS OR OTHER USERS OF THE SITE, APPLICATION IF ANY, OR SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU CHOOSE TO CREATE A PROFILE ON THE WEBSITE, CONTACT A CLIENT, OR PROVIDE SERVICES TO A CLIENT, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH THE COMPANY IS LIMITED TO BEING A WEBSITE USER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, WHO IS NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF THE COMPANY FOR ANY REASON, AND WHO ACTS EXCLUSIVELY ON HIS/HER OWN BEHALF AND FOR HIS/HER OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF THE COMPANY. THE COMPANY DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, PROFILES, LISTINGS, INFORMATION POSTED BY THE WEBSITE USERS, OFFLINE ACTIVITIES ASSOCIATED WITH THE SAID, OR ANY OTHER MATTERS RELATED TO ANY SERVICE THAT MAY BE PROVIDED BY THE WEBSITE USERS. AS A WEBSITE USER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF THE COMPANY, INCLUDING BY INAPPROPRIATELY USING ANY OF THE COMPANY’S INTELLECTUAL PROPERTY.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction 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.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

In order to access the Website, you will be given personal Log-In Details. You must treat such information as confidential and you must not disclose it to any other person or entity. Each Authorized User may have a different level of access privilege. You agree that: (i) your Log-In Details are only for your personal use; (ii) you will not permit anyone else to use your Log-In Details to access the Website; (iii) you will not transfer or share your Log-In Details with anyone else; (iv) you also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You agree to inform the Company immediately if: (i) you believe that someone has gained unauthorized access to your account; and/or (ii) your Log-In Details have been disclosed to a third party. You are responsible for all access to the Website through your Log-In Details and agree to be responsible for any loss or damage resulting from use of your Log-In Details by any third party.

Your Log-In Details only allow you access to view materials related to your relationship with the Company. You shall not attempt to access or view materials for any other party. If for any reason you obtain access to any materials not related to your relationship with the Company you shall inform the Company immediately and refrain from viewing or downloading such materials. Further, you agree not to change, modify, delete, interfere with or misuse any data accessed through this Website relating to any third party. The Company will not be liable for any loss or damage arising from your failure to keep your Log-In details secure.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for: (i) Making all arrangements necessary for you to have access to the Website. (ii) Ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

If you experience any technical problems, please email us at info@pochmak.com

Consulting the Clients

By agreeing to consult a Client you confirm that you understand and are knowledgeable about the proposed subject matter and that you will undertake the consultation diligently, professionally and provide services to the best of your ability in accordance with industry standards.

During a consultation you will be acting in your personal capacity, as an independent contractor, and not as an employee or representative of the Company or any other party.

If at any time before, during or after a consultation you become aware of any professional, regulatory or ethical conflicts or other reasons why you should not participate/have participated in a consultation with a Client, you should terminate the consultation and notify the Company immediately by emailing to info@pochmak.com. If you have to terminate a consultation early, you will be paid your applicable fee for the time that you have actually spent on the consultation in accordance with the Payment Terms and Conditions.

You represent, warrant and undertake that: (a) the biographical information provided by you to the Company is up to date, true, accurate, does not omit material details, and not misleading, and you will update it in respect of any material change (including any change to your employment); (b) if you are required to be a licensed professional or otherwise register at any jurisdiction in order to consult a Client on a particular subject matter, you possess all necessary licenses, permits, registrations and otherwise are in compliance with applicable legal and regulatory requirements; (c) you will not participate in any consultation or provide any information relating to any company of which you are an employee, officer, director or contractor, agent, legal representative, partner, joint venturer or affiliate; (d) you will not knowingly participate in any consultation with a Client that is (or is acting on behalf of) a competitor of your current employer or a company for which you serve as an officer or director; (e) you are not restricted from and have the necessary permissions to engage in each consultation. For example, if you are employed, your employment agreement or your employer’s policies may require you to obtain your employer’s prior consent to engage in consultations. It is your sole obligation to obtain all necessary consents. (f) you will inform the Company if you are (or have been during the past 2 years) an employee, advisor or consultant to any government, government department, government agency or to any state or municipal entity; (g) if you are a government official or employee, you will not discuss government legislation, regulation, policy, contracts or any other business that you, as a government official or employee, would be in a position to vote upon or otherwise influence; (h) you will inform the Company if you are currently involved with any clinical trial or test or have been so involved where the results of such trial or test have not been publicly disclosed; (i) if you are a medical professional, you will not discuss unpublished clinical trial results, patient experience information or any other information regarding trials which is not yet public; (j) you have not been found guilty of insider dealing, market abuse, money laundering, fraud or any offence involving dishonesty (or similar offences in any jurisdiction) and have not been subject to any order, judgment, action or investigation by any regulatory body; (k) you will not provide any investment, legal, financial, accountancy, or medical advice to any Client including, without limitation, recommending, rating or valuing any security or providing advice regarding the investment in, purchase or sale of any securities; (l) if you are an auditor or a former auditor, you will not comment on any company you have audited in the three (3) years prior to the consultation; (m) you will not participate in any consultation at any time whilst your employer is the subject of a tender offer or is in the process of an initial public offering; (n) you will not participate in any consultation or provide any information that would result in: (i) a breach of applicable laws or regulation, (ii) a breach of any agreement or any obligation to a third party (including to your employer), (iii) a professional, regulatory or ethical conflict, or (iv) if there is any other reason why you should not participate in such Consultation or provide such information; (o) you will in connection with consultations: (i) comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption.; (ii) not engage in any activity, practice or conduct which would constitute an offence under the relevant requirements; (iii) not do anything that will cause or lead the Company or any of its Clients to be in breach of any relevant requirements; (p) you must not take any Client or other third party to any location with a connection or association with the subject matter of the consultation which is not publicly accessible without the prior written permission (in a form acceptable to the Company) from the person or company which owns the property; (r) you will not provide any information or materials in or after any consultation with a Client that may infringe, misappropriate or conflict with the Intellectual Property rights of any third party. (s) unless otherwise agreed with a Client in writing, you warrant that any documentation or any other material (including without limitation reports, studies, data, diagrams, charts, specifications, and programs) provided by you to a Client constitute your original work product and do not infringe any third party’s Intellectual Property rights and you hereby agree to grant to the Client and its Affiliates a non-exclusive, royalty-free, perpetual license to use any and all Intellectual Property rights subsisting in such work products in the course of its business; and (t) you agree not to contact, or solicit any of the Company’s Clients with which you have engaged in consultations, unless such contact is arranged by the Company. This clause applies from the time when you are introduced to a Client until one (1) year from the date of your last consultation with the Client. It does not apply to the extent that you have a proven pre-existing relationship or association, based on past work performed. The Company imposes no restrictions with regard to the Client provided you notify the Company of such pre-existing relationship when a Client at the time a Client is proposed to you, and you do not participate in a consultation with the Client. The Company will not restrict you from accepting an offer of employment from one of its Clients.

Confidentiality

In connection with the provided services a Client may disclose or make available to you Confidential Information. "Confidential Information" means information in any form or medium (whether oral, written, electronic or other) that a Client considers confidential or proprietary, including information consisting of or relating to the Client’s technology, trade secrets, know-how, business operations, plans, strategies, customers, and pricing, and information with respect to which the Client has contractual or other confidentiality obligations, whether or not marked, designated or otherwise identified as "confidential". Without limiting the foregoing: (a) the contents of any conversation between the Client and you is the Confidential Information; and (b) any proprietary information you or the Client may possess is the Confidential Information of the respective party and he/she may refuse to disclose it without any reason.

You expressly agree not to (i) record the conversations with Clients by any means; (ii) disclose the contents of any conversation with Clients except as contemplated by this Section; (iii) disclose the identity of a Client, the subject matter of any consultation or the questions asked during a consultation and the rates agreed by you with the Company in respect of any consultation; and (iv) disclose any material non-public information concerning a quoted company, security, any financial instrument or other information which may be considered proprietary.

Exclusions and Exceptions. Other than personal information, Confidential Information does not include information that the receiving party can demonstrate by written or other documentary records: (a) was rightfully known to the receiving party without restriction on use or disclosure prior to such information's being disclosed or made available to the receiving party in connection with this Agreement; (b) was or becomes generally known by the public other than by the receiving party's or any of its Representatives' noncompliance with this agreement; (c) was or is received by the receiving party on a non-confidential basis from a third party that, to the receiving party's knowledge, was not or is not, at the time of such receipt, under any obligation to maintain its confidentiality; or (d) the receiving party can demonstrate by written or other documentary records was or is independently developed by the receiving party without reference to or use of any Confidential Information.

Protection of Confidential Information. As a condition to being provided with any disclosure of or access to Confidential Information, the receiving party shall: (a) not access or use Confidential Information other than as necessary to obtain or provide services, exercise its rights or perform its obligations under and in accordance with this Terms of Use; (b) except as may be expressly permitted by the disclosing party, not to disclose or permit access to Confidential Information other than to its Representatives who: (i) need to know such Confidential Information for purposes of the receiving party's exercise of its rights or performance of its obligations under and in accordance with this Terms of Use; (ii) have been informed of the confidential nature of the Confidential Information and the receiving party's obligations; and (iii) are bound by written confidentiality and restricted use obligations at least as protective of the Confidential Information. (c) safeguard the Confidential Information from unauthorized use, access or disclosure using at least the degree of care it uses to protect its similarly sensitive information and in no event less than a reasonable degree of care; (d) promptly notify the disclosing party of any unauthorized use or disclosure of Confidential Information and take all reasonable steps/use its best efforts/cooperate with disclosing party to prevent further unauthorized use or disclosure; and (e) ensure its Representatives' compliance with, and be responsible and liable for any of its Representatives' non-compliance with this Terms of Use.

Notwithstanding any other provisions of this agreement, the receiving party's obligations under this Section with respect to any Confidential Information that constitutes a trade secret under any applicable law will continue until such time, if ever, as such Confidential Information ceases to qualify for trade secret protection under one or more such applicable laws other than as a result of any act or omission of the Receiving Party or any of its Representatives.

Compelled Disclosures. If the receiving party or any of its Representatives is compelled by applicable law to disclose any Confidential Information then, to the extent permitted by applicable law, the receiving party shall: (a) promptly, and prior to such disclosure, notify the disclosing party in writing of such requirement so that the disclosing party can seek a protective order or other remedy or waive its rights; and (b) provide reasonable assistance to the disclosing party, at the disclosing party's sole cost and expense, in opposing such disclosure or seeking a protective order or other limitations on disclosure. If the disclosing party waives compliance or, after providing the notice and assistance required under this Section, the receiving party remains required by law to disclose any Confidential Information, the receiving party shall disclose only that portion of the Confidential Information that, on the advice of the receiving party's legal counsel, the receiving party is legally required to disclose and, on the disclosing party's request, shall use commercially reasonable efforts to obtain assurances from the applicable court or other presiding authority that such Confidential Information will be afforded confidential treatment.

The obligations contained in this Section shall survive any termination or expiration of these Terms of Use or relationship between the parties.

You understand that a breach of this Section of the Terms of Use may cause irreparable harm to the Company and/or its Clients that may not be adequately compensated by material damages. Therefore, without prejudice to any other rights which the Company and/or its Clients may have, the Company and/or the relevant Clients shall be entitled to seek injunctive relief and other applicable equitable remedies in respect of any such breach.

Intellectual Property Rights

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 the Company, 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.

These Terms of Use permit you to use the Website for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: (i) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. (ii) You may store files that are automatically cached by your Web browser for display enhancement purposes. (iii) If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. (iv) If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not: (i) Modify copies of any materials from this site. (ii) Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. (iii) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@pochmak.com

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website 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 Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans, whether registered or unregistered, are trademarks of the Company or its Affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: (a) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). (b) 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. (c) To send, knowingly receive, upload, download, use or re-use any material, which does not comply with the Content Standards set out in these Terms of Use. (d) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation. (e) To impersonate or attempt to impersonate the Company, a Company 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). (f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to: (a) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website. (b) Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. (c) Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent. (d) Use any device, software or routine that interferes with the proper working of the Website. (e) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. (f) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. (g) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. (h) Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, video chat, audio and video conference call, messaging system, rating system, search engine and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our Affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that: (i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our Affiliates and service providers, and each of their and our respective licensees, successors and assigns. (ii) All of your User Contributions do and will comply with these Terms of Use. (iii) All Intellectual Property rights in any material that you provide to the Company and is posted on the Company’s website belong to the Company and may not be reproduced or redistributed.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to: (a) Remove or refuse to post any User Contributions for any or no reason in our sole discretion. (b) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company. (c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. (d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. (e) Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EITHER THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: (a) Contain any material, which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. (b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. (c) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. (d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy. (e) Be likely to deceive any person. (f) Promote any illegal activity, or advocate, promote or assist any unlawful act. (g) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person. (h) Impersonate any person, or misrepresent your identity or affiliation with any person or organization. (i) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising. (j) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to info@pochmak.com. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

You also consent that the Company may record the conversations between you and the Company for compliance purposes. You will be notified at the beginning of the conversation if a recording is being made. You agree, to the extent permitted by applicable law, that such recordings may be submitted in evidence in any proceedings.

You shall confirm that you conducted a consultation with a Client within two (2) business days after the consultation has taken place. If you are receiving compensation for a consultation, you will apply for payment using the Company’s web-based application in the manner as provided to you (entering the duration of the Consultation, applicable agreed upon rates and the bank account details to which the Company should remit payment).

The Company will pay you the relevant fees in respect of each completed consultation in accordance with the payment information provided. You understand and agree that the Client is provided an opportunity to verify the knowledge and experience of the Expert during the first 10 minutes of the consultation. If the consultation lasts for less than 10 minutes and is terminated by the Client for any reason, the Client is not charged and you are not paid for this time. If the consultation lasts longer than 10 minutes, the Client will be charged and you will be paid in one-hour increments, meaning the time spent in any consultation will be rounded up to the nearest 1 hour.

The payment will be submitted to you within thirty (30) days from the later of the date of receipt of a valid application for payment (or invoice) or confirmation from the Client that the relevant consultation(s) took place. The Company will deduct from the payment of fees any withholding taxes or other amounts required to be deducted by the applicable local laws or regulation.

If you do not receive payment, you must notify the Company by email to info@pochmak.com within six (6) months of the end of the thirty-day period as mentioned above, stating that payment has not been received. The Company will investigate all queries of non-payment and will endeavor to ensure the relevant fees are paid as soon as possible.

The Company reserves the right not to pay consultation fees for the following reasons: (a) failure to report a consultation within two (2) business days; (b) arranging a consultation directly with a Client without notifying the Company in advance; (c) failure to notify the Company within the six-month period that payment has not been completed.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to: (i) Link from your own or certain third-party websites to certain content on this Website. (ii) Send e-mails or other communications with certain content, or links to certain content, on this Website. (iii) Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (i) Establish a link from any website that is not owned by you. (ii) Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. (iii) Link to any part of the Website other than the homepage. (iv) Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

PLEASE NOTE THAT, AS STATED ABOVE, THE WEBSITE, APPLICATION IF ANY, AND SERVICES ARE INTENDED TO BE USED TO FACILITATE CLIENTS AND SPECIALISTS/EXPERTS CONNECTING AND WORKING DIRECTLY WITH EACH OTHER. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY WEBSITE USER. THE COMPANY MAY CONDUCT SUCH BACKGROUND CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A USER. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE. THE COMPANY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SERVICE. THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICES. ACCORDINGLY, ANY SERVICES WILL BE MADE OR ACCEPTED AT THE WEBSITE USER’S OWN RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY’S REPRESENTATIVES, WEBSITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY CLIENT AND OTHER EXPERTS/SPECIALISTS. YOU UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE, APPLICATION OR SERVICES OR TO REVIEW ANY PROFILES CREATED OR SERVICES PROVIDED BY THE WEBSITE USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CLIENTS AND SPECIALISTS/EXPERTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY THE COMPANY. THE COMPANY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY WEBSITE USER OR OTHER THIRD PARTY.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website 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 site for any reconstruction of any lost data. WE WILL NOT BE 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 SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, 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.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

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

Indemnification

You agree to defend, indemnify and hold harmless the Company, its Affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website 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 New York without giving effect to any choice or conflict of law provision or rule of any other jurisdiction.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York (in each case located in the City of New York and County of New York), although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use 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.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

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 THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of 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 the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Pochmak, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by Pochmak, Inc., 3775 63rd street B58, Woodside, New York, NY, 11377.

All notices of copyright infringement claims should be sent to the provided address or emailed to info@pochmak.com in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@pochmak.com.

Last revised February 2017

Privacy Policy

Pochmak Inc. (”Company” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the website www.pochmak.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect: (a) On this Website; (b) In email, text, and other electronic messages between you and this Website; (c) Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website; (d) When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by: (a) us offline or through any other means, including on any other website operated by Company or any third party; or (b) any third party, including through any application or content (including advertising) that may link to or be accessible from the Website.

Clients are subject to a Client Service Agreement and Specialists/Experts are subject to Pochmak’s Specialist/Expert Terms and Conditions, both of which incorporate this policy by reference. To the extent there is any inconsistency between this Privacy Policy and the Client Service Agreement or the Specialist Terms and Conditions, the Client Service Agreement or the Specialist Terms and Conditions (as the case may be) will prevail. If you are neither a Client nor a Specialist, by using this website you agree to the collection and use of your data in accordance with this policy.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree to this Privacy Policy, please do not register with us or use the Pochmak website or the services provided over it. By accessing or using this Website, you agree to this privacy policy.

Pochmak is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified, then you can be assured that Pochmak will only use it in accordance with this Privacy Policy.

Pochmak may change this policy from time to time without notice by updating this page. Any such changes will take effect from the time of such updating. You should check this page periodically ensure that you are happy with any changes. Your continued use of this Website after we make changes is deemed to be acceptance of those changes. We will also take all reasonably practical steps to notify you specifically of any changes that materially affect the ways in which your information may be used or shared.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@pochmak.com

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information: (a) by which you may be personally identified, such as name, postal address, e-mail address, telephone number, any other identifier by which you may be contacted online or offline (”personal information”); (b) that is about you but individually does not identify you, such as educational level, former professional affiliations; and/or (c) about your internet connection, the equipment you use to access our Website and usage details.

We collect this information: (a) Directly from you when you provide it to us; (b) Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

Information You Provide to Us

The information we collect on or through our Website may include: (a) Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, posting material, or requesting services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website; (b) Records and copies of your correspondence (including email addresses), if you contact us; (c) Your responses to surveys that we might ask you to complete for research purposes.; (d) Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website; (e) Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Specialists/Experts

Specialists or Experts registering with Pochmak are required to provide personal data, including name and contact information, as well as detailed description of their academic and professional background and employment history (and other information typically contained in a detailed curriculum vitae). If you are engaged in a consultation with a Pochmak client, we will also require your payment details to be able to effect payment to you for the consultation. We may collect additional information through correspondence and other interactions with you.

Pochmak will clearly indicate what information is required to enable us to provide our service to clients. For information, which is not indicated as being required, it is your choice whether to provide it to us.

Clients

For Client enquiries and registrations, we require the full name and address of the client, a brief description of the client’s business and the name, title, position and contact details of the designated contact.

Generally

Specialists/Experts and Clients registering with us are required to confirm their agreement to our Privacy Policy and that they agree to our use of any information which may be collected by us. By doing so you agree to our use of the information in accordance with the terms of this Privacy Policy.

If you wish to withdraw such consent at any time, you may do so by contacting us at info@pochmak.com. However, if you do so, you will be unable to continue to be a Client or Specialist/Expert (as the case may be).

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: (a) Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website. (b) Information about your computer and internet connection, including your IP address, operating system, and browser type. (c) We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). If you wish to opt out of behavioral tracking on this website, you may do so by contacting us at info@pochmak.com.

The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to: (a) Estimate our audience size and usage patterns; (b) Store information about your preferences, allowing us to customize our Website according to your individual interests; (c) Speed up your searches; (d) Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include: Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. Web Beacons. Pages of our the Website [and our e-mails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or [opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies.

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based behavioral advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information, which you provide while visiting such sites and such sites are not governed by this privacy policy. You should exercise caution and review the privacy statement applicable to the website in question.

What we do with the information we gather

Pochmak uses the information that we collect about Clients and Specialists/Experts to facilitate their participation in projects and to improve the overall quality of our services. Specialists If you are a Specialist, we use and analyze the information, which we collect about you in order to identify Projects which may be within your field of expertise and of interest to you. We may disclose information about you to Clients who may wish to consult with you.

We may provide prospective clients with your biographical information for the purposes of demonstrating the quality and coverage of our specialist network. Clients If you are a Client, we use and analyze the information, which we collect about you in order to identify the most suitable Specialists for your projects and to help us identify events which may be of interest to you. We may share your information with Specialists in respect of actual and potential projects for you. Generally The more accurate and detailed the information provided, the better we are able to match Specialists to Clients. By registering as a Specialist/Expert or a Client, you agree that we may contact you via the contact information you provided to us.

We may also use information collected from you to understand your needs and provide you with a better service, including, but not limited, for the following reasons: (1) internal record keeping (2) to present our Website and its contents to you (3) to provide you with information, products, or services that you request from us (4) to fulfill any other purpose for which you provide it (5) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection (6) to improve our products and services (7) to periodically send promotional emails and notifications about new services or other information we think you may find interesting using the email address which you have provided or sending notification to your Pochmak online profile (8) to disclose your information without further notice to you in the following instances: (i) if you have already authorized us to do so; (ii) if we are required to do so by applicable law or pursuant to a court or administrative order; (iii) as deemed necessary, in our discretion, to protect our legal rights or property or the legal rights or property of any Specialist/Expert, Client or third party; and/or (iv) in connection with a sale, merger, assignment, joint venture or other transfer or disposition of part or all of the business, assets or shares in Pochmak (9) to contact you from time to time for market research purposes. Such contact may be initiated by email, phone, via your Pochmak account, fax or mail (10) in any other way we may describe when you provide the information (11) for any other purpose with your consent

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy: (1) To our subsidiaries and affiliates; (2) To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them; (3) To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Pochmak’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Pochmak about our Website users is among the assets transferred; (4) To third parties to market their products or services to you if you have consented to or not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them; (5) To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Website, we will transmit the contents of that email and your email address to the recipients; (6) For any other purpose disclosed by us when you provide the information; (7) With your consent.

We may also disclose your personal information: (1) To comply with any court order, law, or legal process, including to respond to any government or regulatory request; (2) To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes; (3) If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Pochmak, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email stating your request to info@pochmak.com

Promotional Offers from the Company. If you do not wish to have your email, address or other contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to info@pochmak.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a service purchase, service experience or other transactions.

Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending us an email stating your request to info@pochmak.com.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website.

Controlling your personal information

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

We will retain your information for as long as we consider is reasonable or for as long as is required by law.

You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an email at contact us at info@pochmak.com to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms of Use.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@pochmak.com

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted. We put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We hold all personal data on our servers within the United States. We have a global network of Specialists/Experts and our Client base is international. Accordingly, in the course of our business your information may be transmitted across borders both inside and outside the United States.

The safety and security of your information also depends on you. Please help us keep your information secure by keeping your password and other account details confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email address specified in your account or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: info@pochmak.com

Last revised February 2017