PONTIC, LLC TERMS AND CONDITIONS OF USE

Welcome to www.pontic.co (also referred to herein as the “Site”). The primary purpose of the Services of this Site (as such term is defined below) is to provide an exchange platform that will allow Members to provide information about themselves or their businesses to address the temporary or full-time employment needs of the respective Members. Please take time to carefully read the Terms and Conditions (defined below). If you do not accept the terms and satisfy the conditions herein, you may not use the Site, its Services or the Materials.

Pontic, LLC, a Colorado limited liability company (“Pontic” or “we”), makes the Site, including all information, documents, communications, Member Content (as defined herein), Pontic Content (as defined herein), files, text, graphics, software, the mobile application, and products available through the Site or provided by Members or users of the Site (collectively, the “Materials”) and all services operated by Pontic and third parties through the Site (collectively, the “Services”), available for your use subject to the Terms and Conditions and any changes to these terms and conditions that Pontic may publish from time to time (collectively, the “Terms of Use”). These Terms of Use constitute a binding agreement between any Member, user, Job Seeker, or Dental Professional (also referred to herein as “you”) of the Site and Pontic and it successors or assigns.

Pontic reserves the right, with or without notice, to make changes to the terms of use at Pontic’s discretion. Your continued use of any part of this Site or any service constitutes your acceptance of such changes to this agreement. You should review this agreement periodically to determine if any changes have been made. Your continued use of the site, or any materials or services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the site will be subject to the most current version of the terms of use, rules and guidelines posted on the site at the time of such use. The most current version of this agreement, which supersedes all previous versions.

BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, USE OF ANY OF THE SERVICES, DOWNLOADING OF ANY MATERIALS, OR MERELY BROWSING THE SITE, YOU AGREE TO AND ARE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER TO BE A MEMBER OR TO USE ANY SERVICE.

BY CLICKING THE "I AGREE" BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS, AND YOU FURTHER UNDERSTAND AND AGREE THAT CLICKING OR PRESSING ON THE "I AGREE" IS THE ELECTRONIC EQUIVALENT OF A WRITTEN SIGNATURE ON THIS DOCUMENT.

The Site is intended for individuals seeking permanent or temporary job opportunities in the dental industry ("Job Seeker") and for dental offices seeking to fill permanent or temporary positions within their offices ("Dental Office"). Any user, whether a Job Seeker or Dental Office, that submits the member profile information on the Site and that information is accepted by the Site becomes a “Member.” For each Member, the Site will create an account that tracks all activity on the Site related to that Member (each being an "Account"). Any Member-supplied information, job arrangement forms, job applications, materials, files, communications, documents or other information, are referred to collectively as "Member Content".

Dental Offices are granted a limited, terminable, non-exclusive right to access and use the Site for business purposes in seeking candidates to fill part-time job openings within the Dental Office. This license shall permit Dental Offices to download Member Content submitted by Job Seekers solely for business purposes in connection with filling such available positions. You may not sell, transfer, or assign any of the Services or your rights to any of the Services provided by Pontic to any third party without the express written authorization of Pontic.

Job Seekers and Dental Professionals are granted a limited, terminable, non-exclusive right to access and use the Site exclusively for use in order to seek job opportunities described on the Site. This license shall permit Job Seekers to download Member Content submitted by Dental Offices solely for personal use in connection with job seeking efforts.

Members are solely responsible for any Member Content posted to the Site or delivered to other Members and for any consequences arising from your postings of Member Content as well as for actions and decisions to communicate with and meet other people who you meet online by virtue of the services provided on the Site. You understand that the Site and Pontic do not perform psychological testing, but will perform background checks on dental professionals who may use the Site’s services. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by the Site, which includes, but is not limited to: exchanging e-mail first before giving out any personal information and meeting in a public place. Pontic shall have no responsibility or liability for Members’ legal, ethical, or industry-governed obligations with respect to Member Content submitted to the Site, and Pontic makes no guaranty regarding the quantity or quality of Job Seekers or Dental Offices participating as Members or for the accuracy or suitability of any Member Content.

Members shall conduct their own investigation into the quality and value of the Member Content being exchanged. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from the Site or Pontic. The Site and Pontic do not guarantee the accuracy or completeness of any of the information provided by any Member, and are not responsible for any loss resulting from your reliance on such information.

Notwithstanding the foregoing, Members are prohibited from posting or transmitting to or from this Site any untruthful, unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Pontic reserves the right, but is not obligated, to deny access or limit access by you to this Site for a violation of these restrictions.

It is possible that other Members of the Site will post or send obscene or offensive materials on the site or to you via e-mail. It is also possible that by using your e-mail address, other people may, through other means outside the control of the Site, have access to personal information about you. The Site, Pontic, its employees, agents, affiliates, licensees and web hosting services are not responsible for these transmissions or for the release of such information by others about you. Pontic reserves the right, but is not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.

Any passwords used for this Site are for the Member’s individual use only. You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact the Site immediately. It is up to you to maintain the confidentiality of your password and account. Neither the Site nor Pontic shall be responsible or liable for any loss or damage arising from your failure to comply with the provisions of this Agreement. From time to time, the Site may require that you change your password. You are prohibited from using any services or facilities provided in connection with this Site to compromise its security or tamper with any of its system, resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Site reserves the right to release your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. Pontic reserves the right to investigate suspected violations of this Agreement. Pontic reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Site to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate this Agreement.

In connection with the creation of your Member profile, you will be prompted to submit payment information for the Services, as they will be determined on an hourly and per contract basis. The Services may be provided free of charge initially, but eventually you may be asked to agree to payment terms in connection with your contract in order to continue your use of the Services. By creating and using your Member profile and providing your payment information, if any, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Site; (ii) maintain and promptly update the data provided and to keep it true, accurate, current, and complete; and (iii) maintain and promptly update payment information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your rights as a Member and refuse any and all current or future use of the Site. You will be automatically charged for the use of the Site in accordance with your contract.

If at any time during the course of this Agreement you should terminate your contract and no longer desire to use the Services, then Pontic shall reserve the right to receive all payments from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the contract. You must approve of hours submitted within 24 hours from when informed of its submission to us or you will be charged for the submitted hours without your approval.

If we believe or discover that you are abusing the Site or misusing the Services in any of the ways mentioned above or otherwise, we may, in our sole discretion, take any steps to prevent and mitigate such abuse such as limiting, suspending, or terminating your Membership and access to our Services, delaying or removing hosted content, and taking technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed Memberships or Memberships that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.

You expressly agree that your use of the Site, Materials and Services is at your sole risk. Except as expressly provided otherwise in a written agreement between you and Pontic or you and a third party with respect to such party’s materials or services, this Site, and all Materials and Services accessible through this Site are provided “as is” and “as available” for your use, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement, unless such warranties are legally incapable of exclusion. Without limiting the foregoing, Pontic makes no warranty that (1) the Services and Materials will meet your requirements; (2) the Services and Materials will be uninterrupted, timely, secure, or error-free; (3) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (4) the quality of any Services, or Materials obtained or accessible by you through the Site will meet your expectations; (5) the content is fair, accurate, or complete; and (6) any errors in the Services or Materials obtained through the Site, or any defects in the Site, its Services or Materials, will be corrected. We make no representation that the Site, or the servers used in connection with the Site, are or will remain free from any viruses, worms, time bombs, drop dead devices, trojan horses, or other harmful components. We do not guarantee that you will be able to access or use the Site at times or locations of your choosing, or that we will have adequate capacity for the Site as a whole or in any specific geographic area. We make no representation or warranty regarding government compliance of any software used in running the Site.

This Site could include technical or other mistakes, inaccuracies, or typographical errors, and Pontic makes no commitment to correct these errors. Pontic may make changes to Pontic Content, Materials and Services at this Site at any time without notice (Pontic Content means all Materials provided by Pontic). The Materials or Services at this Site may be out of date, and Pontic makes no commitment to update such Materials or Services.

As described herein, neither the Site nor Pontic generates, sells or verifies the content submitted to the Site by the Members; all such activity is the responsibility of Members. You understand and acknowledge that (1) Pontic does not control, endorse, or accept responsibility for any content, products, or services offered by Members or third parties through the Site, including, without limitation, third party vendors and third parties accessible through links on the Site; (2) Pontic makes no representation or warranties whatsoever about Members or any such third parties, their content, products, or services; (3) Pontic makes no representations or guarantees regarding the effectiveness of the services or timeliness of the services in meeting your employment objectives; (4) Pontic does not guarantee that the services will result in candidates being hired, positions being filled or employees being retained, and is not responsible or liable for any business, employment, hiring and/or salary decisions, for whatever reason made, made by you or any other Member; (5) any dealings you may have with Members or such third parties are at your own risk, including outside place of business and outside of work hour interactions; (6) Pontic shall not be liable or responsible for any content, products, or services offered by Members or third parties. The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Pontic assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from Pontic or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

Except as otherwise expressly set forth herein or in our Privacy Policy, a Member’s Personally Identifiable Information will be deemed to be confidential, with the following exceptions: (1) basic biographical information will be posted with your user ID or Member profile for others to view; (2) you actively chose to post your personal information for others to see; (3) you send a message to another Member, which will disclose your e-mail address to that Member; (4) any information or material sent to the Site that is not Personally Identifiable Information; or (5) you have harassed another person via any service provided by the Site, in which case the confidentiality clause contained in this Agreement is rendered null and void. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of others, including the Site and Pontic. "Personally Identifiable Information" is information that can be associated with a specific person and could be used to identify that specific person whether from that data or from that data and other information to which the Site has or is likely to have access. Personally Identifiable Information does not include information that has been made anonymous or aggregated so that it can no longer be used, whether in combination with other information or otherwise, to identify a specific person. Personally Identifiable Information also does not include information that you post on the Site that is available to other Members (excluding private communications). When you create your own personalized account, you may be able to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“User Content”) to the Service. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion. We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms. Certain Services offered through this Site accommodate or require Member Content. Depending upon the nature of the Service, by submitting Member Content to this Site you grant the Site and Pontic one of the following types of licenses:

1. For Member Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant the Site and Pontic a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such Member Content. You also grant the Site and Pontic the right to distribute and publicly display and perform such Member Content for the purpose for which such Member Content was submitted to the Site, including marketing purposes. This license will be in effect until such Member Content is removed from the Site.
2. For Member Content such as comments to the Site and Pontic on user forms, reports or suggestion forms, you grant the Site and Pontic and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such Member Content, and you also agree that the Site and Pontic are free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such Member Content to us unless: (1) you grant us permission to do so; (2) we first notify you that the Member Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (3) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (4) we believe it necessary in order to protect the rights of the Site and Pontic or others.

By using any services provided by the Site, you agree that in no event will the Site, Pontic, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, direct, indirect, punitive, special actual or consequential damages, exemplary or other damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages as a result of your accessing the Site and using any of the services available, even if such damages were reasonably foreseeable or the Site or Pontic were grossly negligent. Your sole remedy for any breach or default of this Agreement by the Site or Pontic shall be the greater of: (1) a return of any fees paid to the Site or Pontic for any services provided under this Agreement or (2) $500. In no event will the collective liability of the Site and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, regardless of the form of action (whether in contract, tort, or otherwise), exceed the fees paid by the user to the Site for the applicable service out of which such liability arose. And, you indemnify and agree to defend and hold harmless the Site, Pontic, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of the Site, including any breach by you of the Terms contained in this Agreement.

If you have a dispute with one or more Members, you agree to release Pontic (and its affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may now or suspect to exist in your favor at the time of agreeing to this release.

The Site, Materials and all right, title and interest in and to the Sites, Materials, and know-how are the sole property of Pontic, it licensors, or their successors and assigns and are protected by United States and foreign copyright, trademark and other laws. Except for any information that is in the public domain and except for the limited licenses expressly granted to you in these Terms of Use, Pontic reserves for itself and its licensors all other rights, title and interest. Without limiting the foregoing, you may not in any manner or similarity reproduce, copy, modify, mimic, scrape, display, sell, or distribute the code for the Site, content on the Site or any of the Materials, or use them in any other way for public or commercial purpose. The name Pontic, the Site and Pontic Content are protected by Pontic’s copyrights. All other product and service marks contained on the Sites are the trademarks of their respective owners. By posting information to the Site and Pontic you represent that you have the right to grant permission for use by the Site and Pontic.

We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. Materials may be made available on or through the Site by third parties not within our control. It is our policy not to permit materials known by us to be infringing to remain on or available through the Site. Please notify us promptly if you believe that any materials on or available through the Site infringe on your intellectual property rights or the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), we will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. When notifying us of potential infringement, you must include the following:

1. identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works, then a representative list of such works on the Site;
2. identification of the supposedly infringing material that is to be removed;
3. information reasonably sufficient to permit us to locate the material on the Site;
4. contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or email address;
5. a statement that the complaining party has a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law;
6. a statement that, under penalty of perjury, the information in the notification is accurate and where relevant that the complaining party is authorized to act on behalf of the copyright owner; and
7. the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.

A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the DMCA Agent a written communication containing the following:

1. identification of the supposedly infringing material that is to be removed;
2. a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
3. your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
4. the signature, physical or electronic, of you or a person authorized to act on your behalf.

We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter notification, and inform the complaining party that we restore the removed or disabled content in ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, your materials will remain removed or disabled.

Notice of alleged infringement must be sent by electronic mail to Pontic Copyright Agent at contact@pontic.co or by certified mail and marked “Copyright Infringement” to Pontic, LLC, Attn: DMCA AGENT

Before filing such a notification, make a careful determination as to whether or not the use of the material at issue is or may be protected by the "fair use" doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.

Pontic welcomes your comments, but please do not submit creative ideas, inventions, suggestions, or materials. If, you submit such materials, you understand and agree that the content and materials that are part of any such submission shall become the property of Pontic, and Pontic will not be liable for any use or disclosure of any such submission. Pontic shall exclusively own known or later discovered rights related to such submission and shall be entitled to unrestricted use of any content associated with any such submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

We make no representation that Materials on the Site are appropriate or available for use in jurisdictions outside the United States. Access to the Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Site from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any violation of law. You may not use or export the Materials on the Site in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

You certify that you are at least 18 years of age and that your answers to the registration materials on the Site will be truthful. In accessing and using the Site, you understand and agree that basic information concerning you, given to the Site, will be published on the web-site for others to view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided above. We do not collect personal information from any person that we know to be under the age of 13. Specifically, the Site, Materials and Services are not intended or designed to attract children under the age of 13. You certify that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as THE SITE, MATERIALS AND SERVICES ARE NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY THEIR PARENT OR LEGAL GUARDIAN.

This Agreement or any dispute arising from this Agreement is governed by the laws of Colorado, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the Colorado, and you hereby consent to the jurisdiction of any such court. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.

This Agreement constitutes the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and the Site and Pontic with respect to the Site and any service it provides. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Site or any of its services. Pontic may revise these Terms and Conditions of Use at any time, and such changes will be effective from and after the date that the same are delivered to you by e-mail or regular mail. Your continued use of the Site after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.

The failure of Site or Pontic to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Site or Pontic must be in writing and signed by an authorized representative of Pontic.

These Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Pontic and you with respect to your use of the Site and all Materials and content associated with the Site.

By accessing and using the Site, you consent to and agree to be bound by the foregoing Terms of Use. If you have additional questions or comments of any kind, or if you see anything on the web properties that you think is inappropriate, please let us know by sending your comments or requests to the following address.

PONTIC, LLC PRIVACY POLICY

Pontic, LLC (the “Company”) respects your privacy. This Privacy Policy is an addendum to Pontic Terms of Use prepared to explain how Pontic collects, uses and safeguards information on www.Pontic.co, mobile website, microsite, mobile applications, and any other digital services and properties officially operated or used by Pontic from time to time (the “Site” or “Services”). The terms “we,” “us,” and “our” refer to the Company. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.Pontic.co you are accepting and consenting to the practices described in this policy. Any capitalized terms not defined herein shall have the meaning set forth in the Terms of Use.

1. Personally Identifiable Information: We may collect Personally Identifiable Information when you interact and provide such information on our Site such as, but not limited to, when creating a Member Profile or submitting content to the Site. "Personally Identifiable Information" is information that can be associated with a specific person and could be used to identify that specific person whether from that data or from that data and other information to which Pontic has or is likely to have access. Personally Identifiable Information does not include information that has been made anonymous or aggregated so that it can no longer be used, whether in combination with other information or otherwise, to identify a specific person. Personally Identifiable Information also does not include information that you post on the Site that is available to other Members (excluding private communications). The types of Personally Identifiable Information collected on our Site will vary based on the Services offered on the Site, but may include, among other things, your name, address, phone number, birth date, billing and delivery information, email address, credit card or other financial account information, and demographic information (e.g., gender, marital status). Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent. We do share Personal Information with vendors who are performing services for the Company, such as the servers for our email communications who are provided access to user’s email address for purposes of sending emails from us. Those vendors use your Personal Information only at our direction and in accordance with our Privacy Policy. In general, the Personal Information you provide to us is used to help us communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers. We may share Personal Information with outside parties if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce applicable Terms of Service, including investigation of potential violations; address fraud, security or technical concerns; or to protect against harm to the rights, property, or safety of our users or the public as required or permitted by law.
2. Non-Personal Data: As you interact on our Site, we may also collect information that is not Personally Identifiable Information but may disclose other aspects of your browsing history or certain other information about you through the use of a variety of technologies, including, but not limited to, cookies, tags, beacons, Internet Protocol (IP) address tracking/URL tracking, Non-Personal Data language, browser type, domain name system requests, browsing history (including time spent at a domain, time and date of your visit), number of clicks, hypertext transfer protocol headers, application client and server banners, operating system fingerprinting data, and other tools. We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data. In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Site. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion. In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.

1. Information Provided: Pontic collects and saves information that you upload to the Site or provide in connection with your use of the Services. This includes information we receive from you, or on your behalf, through applications, surveys, reports, or comments on suggestion forms or other forms, or when you create an Account.
2. Tracking Technologies: Technologies such as cookies, beacons, tags and scripts are used by Pontic and our marketing partners, affiliates, or services providers of analytics or online customer support. These technologies are used in analyzing trends, administering the Site, tracking users’ movements around the Site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as on an aggregated basis. The types of non-personal data collected on our Site through the use of these, and other tools as Pontic may add from time to time, may include: the search terms you used, new or returning user information, browser information, computer type, operating system, internet service providers, website usage, referring/exit pages, platform type, date/time stamp, number of clicks, ads viewed, etc. Additionally, cookies, tags and other tools placed by third parties may collect other information about you such as, but not limited to, your industry, company size, job function, seniority level, etc.)(collectively, all of the foregoing data, the "Non-Personal Data").
   
   Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as “clear gifs”). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Site and activities associated with the Site. See the Third Party Opt Out section below.
1. Use of "Cookies": Cookies are pieces of code/text that are placed on your computer when you browse our Site. Cookies may be placed by us or third party advertisers contracted by us. We use cookies for content personalization, analytics/performance, functional purposes, as well as the ability to access secure areas of our Site. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Site, but your ability to use some features or areas of our Site may be limited.
2. Log Files: As is true of most websites, we gather certain information automatically and store it in log files. This information may include, but is not limited to, Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
3. Third Parties: We may receive information about you from individuals or corporate entities that use the Services. We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, subcontractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, payment processing websites) and may receive information about you from them, subject to your agreements with them.
4. Storage: We use Local Storage (LSs) such as HTML5 to store content information and preferences. Third parties with whom we partner to provide certain features on our Site or to display advertising based upon your Web browsing activity use LSs such as HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5 LSOs.
5. Services: Personally Identifiable Information and Non-Personal Data, or both as the case may be, may be used to carry out our obligations to provide you with the Services; to provide you with the information, products and additional services that you may request from us; to notify you about changes in or additions to our services; to provide you with information about goods or services we feel may interest you and to ensure that content from our Site is presented in the most effective manner for you and for your computer.
6. Service Requests: When fulfilling service requests initiated by you, we may share your Personally Identifiable Information with certain third parties to fulfill the requests.
7. Sharing your Personally Identifiable Information With Certain Other Companies: Pontic may share, sell or rent Personally Identifiable Information, other than financial account information, with certain other companies in order to provide them an opportunity to offer products or services that may be of interest to you, which helps contribute non-transaction based revenue to Pontic. Pontic may also share Personally Identifiable Information with selected third parties, including: business partners, vendors, suppliers and subcontractors for the performance of any contract we enter into with you and to analytics providers and search engine providers that assist us in the improvement and optimization of our Site. We may share Personally Identifiable Information with our subsidiaries and affiliated companies. We may also disclose your Personally Identifiable Information to third parties in the event that we sell or buy any business or assets, in which case we may disclose your Personally Identifiable Information to the prospective seller or buyer of such business or assets. Likewise if Pontic, LLC. or substantially all of its assets are acquired by a third party all personal data held by it about its users and Members will be one of the transferred assets. Pontic may also occasionally hire other companies to provide limited services on our behalf including, but not limited to, packaging, mailing and delivering promotional offers, sweepstakes or contests, answering customer questions about products or services, consulting services, data modeling, printing, and sending postal mail. Some of these parties with whom we share Personally Identifiable Information, may store some or all of your information on servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Policy or in a similar, industry-standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party’s own privacy policy. We cannot make any representations regarding the use or transfer of your Personally Identifiable Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us.
8. Legal Necessity or For Protection: Pontic may disclose your Personally Identifiable Information and Non-Personal Data if required to do so by law or in the good-faith belief that such action is necessary to:
   
   
   1. conform to legal requirements or comply with legal process served on Pontic or to assist government enforcement agencies;
   2. investigate and defend against any third party claims or allegations;
   3. protect and defend the rights or property of Pontic and the security and integrity of the Site; or
   4. protect the personal safety of Pontic personnel, our users or members of the public in appropriate circumstances.

For certain features available through the Site, we may require the use of encryption technologies provided for your protection. We use reasonable precautions to protect the privacy of your username, password and Account information when you become a Member. To help you protect your privacy, the Site has clear tools to help you log in and log out. You, however, are ultimately responsible for protecting your username, password and Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to:

1. immediately notify us of any unauthorized use of your username, password and/or Account, and/or any other breach of security; and
2. ensure that you log out from your Account at the end of each session. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that any information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error.

If your Member information, including Personally Identifiable Information, changes, or if you no longer desire our Service, you may correct, update, amend, delete/remove, ask to have it removed from a public forum, directory or testimonial on our Site or deactivate it by making the change on our member information page, or by emailing our Customer Support at contact@pontic.co or by contacting us by telephone or postal mail using the contact information listed below. We will respond to your request to access within 30 days. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

You have the right to ask us not to process your Personally Identifiable Information for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at contact@pontic.co.

We may allow third party companies to serve advertisements and/or collect certain anonymous information when you visit the Site. These companies may use non-personally identifiable information (including, but not limited to, click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Site in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. Through these technologies, the third party may have access to and use non-personalized information about your online usage activity.

You can opt out of certain online behavioral services through any one of the ways described below (you do not need to go to each opt-out website, one is sufficient). After you opt out, you may continue to receive advertisements, but those advertisements will no longer be as relevant to you.

1. You can opt out via the Network Advertising Initiative industry opt-out at www.networkadvertising.org.
2. You can opt out via the Consumer Choice Page at www.aboutads.info.
3. You can opt out via the IAB UK’s industry opt-out at www.youronlinechoices.com.
4. You can configure your web browser (Chrome, Firefox, Internet Explorer, Safari, etc.) to delete and/or control the use of cookies. More information can be found in the Help system of your browser. It is at your discretion whether you use the opt-out described above or manage cookies via the browser.

Note: If you opt out as described above, you should not delete your cookies. If you delete your cookies, you will need to opt out again.

For California residents, in addition to the rights as explained in this Privacy Policy, under California’s "Shine the Light" law, California residents who provide personal information (as defined in the statute) in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the personal information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of personal information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year (e.g. requests made in 2015 will receive information about 2014). To obtain this information please write to us at the address provided below Attn: Pontic List Sales -- California Privacy Law. Please include your full name and address where we can send the requested information. Please be aware that not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.

Additionally, because we may collect your Personally Identifiable Information from time to time, California’s Online Privacy Protection Act requires us to disclose how we respond to “do not track” requests and other similar mechanisms. Currently, our policy is that we do not recognize “do not track” requests from internet browsers and similar devices.

Pontic complies with CASL. Members who have provided us a Canadian mailing address will not receive unauthorized Commercial Electronic Messages (CEMs as defined under CASL) unless these individuals have opted-in to receive CEMs. 

If you are visiting us from the European Union, please note that we may collect, transfer, and continue to use your Personally Identifiable Information and Non-Personal Data outside the European Union for use for any of the purposes described in this Privacy Policy. By using the Site and providing us with your Personally Identifiable Information and Non-Personal Data, you consent to our collection, transfer, and continued used of your Personally Identifiable Information and Non-Personal Data in accordance with this Privacy Policy.

The Services are not directed at individuals under the age of 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information, please contact us at contact@pontic.co. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete such information.

You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Policy, and to abide by and comply with this Privacy Policy. In any case, you affirm that you are over the age of 13, as THE SITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY THEIR PARENT OR LEGAL GUARDIAN.

Parents and legal guardians should be aware that this Privacy Policy will govern our use of Personal Information, but also that information that is voluntarily given by children – or others – in email exchanges, bulletin boards, or the like may be used by other parties to generate unsolicited communications. We encourage all parents to instruct their children in the safe and responsible use of their personal information while using the internet.

For the avoidance of confusion, we may collect personal information about children in connection with administering and operating our services, and nothing herein shall limit or otherwise restrict our ability or practices with respect to such collection from children.

You should be aware that other Internet websites that are linked from the Pontic Site or from a Pontic email message may contain privacy provisions that differ from the provisions of this Privacy Policy. To ensure your privacy is protected, we recommend that you review the privacy statements of these other linked websites, applications or other digital properties.

With consent, we may display personal testimonials of satisfied Members on our Site, along with other endorsements. If you wish to update or delete your testimonial, you can contact us at contact@pontic.co.

Pontic uses commercially reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data, and we will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on secure servers in a controlled environment with limited access. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

While no transmission of information via the internet is completely secure, we take reasonable measures to protect your personal data, but we cannot guarantee the security of your data transmitted to our Site. You understand and agree that any transmission is at your own risk. Once we have received your information, we will use our procedures and security features to try to prevent unauthorized access.

This policy is effective as of July 15, 2018. As Pontic, its membership and services change from time to time, this Privacy Policy is expected to change as well. We reserve the right to amend the Privacy Policy at any time, for any reason. Any material changes we may make to our Privacy Policy in the future will be posted on this page prior to the change becoming effective and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our Privacy Policy.

This Privacy Policy will be governed by the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. By using or accessing the Site, you agree that any action at law or in equity arising out of or relating to your use of the Site or this Privacy Policy will be filed only in the state or federal courts in the State of Colorado, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to: