Terms of Use updated: January 29th 2024

Acceptance of Terms

By clicking on the “Agree” button during the Setup process of POIST Systems™ LLC Products and Services, you agree to the Terms of Use described in this document in its entirety. The Products and Services that POIST Systems LLC provides to you are subject to the following Terms of Use ("TOU"). POIST Systems LLC reserves the right to update and modify the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hyperlink located at the bottom of our webpages. When we make updates to the TOU, POIST Systems LLC will update the date at the bottom of this page. By using the POIST Systems LLC website or any of its apps after a new version of the TOU has been posted, you agree to the terms of such new version.

Description of Services

Through its network of Web and App software programs, POIST Systems LLC provides you with access to a variety of resources, including personal data storage, upload and/or download areas, emergency contact QR links, communication links, general information mining (not personal information) and product information (collectively "Products and Services"). The Products and Services, including any updates, enhancements, new features, and/or the addition of any new Web/App properties, are subject to these terms of use.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Products and Services that POIST Systems LLC provide are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from any POIST Systems LLC Products or Services.

Privacy and Protection of Personal Information

Review the POIST Systems LLC Privacy Statement disclosures relating to the collection and use of your personal data.

Content

All content included in or made available through POIST Systems LLC Products or Services, such as text, graphics, logos, icons, images, sounds, music, digital downloads, data compilation, software, and documents, is the exclusive property of POIST Systems LLC or its content suppliers and is protected by the various applicable copyright, trademark, patent, and other intellectual property and unfair competition laws in the United States and internationally (collectively, "Content"). All rights not expressly granted to you in this TOU are reserved and retained by POIST Systems LLC or its licensors, suppliers, publishers, rightsholders, or other content providers.

Software

Any Software that is made available for access, use, or download as part of POIST Systems LLC Products or Services is the copyrighted work of POIST Systems LLC. Use of the Software is governed by this POIST Systems LLC Terms of Use agreement and/or any third-party license agreement. An end user will be unable to install any POIST Systems LLC Product or Service or any third-party Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the Terms of Use contained within this document. Third party scripts or code, linked to or referenced by POIST Systems LLC Products or Services are licensed to you by the third parties that own such code, not by POIST Systems LLC.

The POIST Systems LLC Products and Services are made available for download solely for use by POIST System LLC customers. Any reproduction or redistribution of the Software not in accordance with this Terms of Use agreement is expressly prohibited by law and may result in severe civil and criminal penalties.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by written authorization issued by POIST Systems LLC.

The POIST Systems LLC software is warranted only according to the terms of this Terms of Use agreement. Except as warranted in this agreement, POIST Systems LLC hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. For your convenience, POIST Systems LLC may make available as part of the Products and Services or in its software products, tools, and utilities for use and/or download. POIST Systems LLC does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such products, tools, and utilities.

Restricted Rights Legend. Any Software which is accessed, used, or downloaded from the Products and Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("US Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the US Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. The manufacturer is POIST Systems LLC, 3200 Westland, Melbourne, FL 32934.

Documents

Permission to use Documents (such as calendars, advocate notifications, press releases, datasheets, and FAQs) from POIST Systems Products and Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) unless explicitly covered by another license or agreement, use of such Documents from our Products and Services is for informational and non-commercial personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited medical institutions, such as emergency medical units, assisted living, memory care, Hospice, nursing homes, rehabilitation units, may download and reproduce the Emergency Information for use in providing personal care. Distribution outside the previously named entities requires the express written permission of POIST Systems LLC. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the POIST Systems LLC website or any other POIST Systems LLC owned, operated, licensed, or controlled application or site. Elements of POIST Systems LLC websites and applications are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any POIST Systems LLC website may be copied or retransmitted unless expressly permitted through a written statement by POIST Systems LLC.

Copyright Notice

POIST Systems LLC and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided "as is" without a warranty of any kind. POIST Systems LLC and/or its respective suppliers hereby disclaim all warranties and conditions regarding this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall POIST Systems LLC and/or its respective suppliers be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.

The documents and related graphics uploaded to or published on any POIST Systems LLC Products and Services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. POIST Systems LLC and/or its respective suppliers may make improvements and/or changes in the product(s), applications, and/or the program(s) described herein at any time without notification.

Limitation of Liability

In no event shall POIST Systems LLC and/or its respective suppliers be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services. The POIST Systems user accesses, stores, retrieves and enters the data at their own risk and agrees to hold harmless POIST Systems LLC of any breach of information that is unforeseeable, external to the parties of this Agreement, or out of the control of POIST Systems or its hosts.

Member Account, Password, and Security

If any of the POIST Systems LLC Products and Services require you to open an account, you must complete the registration process by providing POIST Systems LLC with current, complete, and accurate information as prompted by the applicable registration form(s), including agreeing to the Terms of Use agreement and Privacy Statement. You also will choose a username and password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for all activities that occur under your account. You agree to notify POIST Systems LLC immediately of any unauthorized use of your account or any other breach of security. POIST Systems LLC will not be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by POIST Systems LLC or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder.

No Unlawful or Prohibited Use

As a condition of your use of POIST Systems LLC Products and Services, you will not use the POIST Systems LLC Products and Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any POIST Systems LLC server, or the network(s) connected to any POIST Systems LLC server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any POIST Systems LLC server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not attempt to copy or change, alter, or otherwise attempt to modify the POIST Systems LLC Products and Services, software, applications, or this TOU.

Use of Services

The POIST Systems LLC Products and Services may contain e-mail links, bulletin board services, professional services links, calendars, photo albums, data storage and/or other message or communication facilities designed to enable you to link with professional services (each a "Communication Links" and collectively "Communication Links"). You agree to use the Communication Links only to post, send and receive messages and material that is proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when using the Communication Links, you will not:

• Use the Communication Links in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information.
• Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright, or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Services specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others or obtaining POIST Systems LLC operational or process data.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

POIST Systems LLC has no obligation to monitor the information provided to or received from user entered data, communication links, or other use of the Products and Services. However, POIST Systems LLC reserves the right to review materials posted to the POIST Systems LLC Products and Services webpages, applications, or links and to remove any materials in its sole discretion. POIST Systems LLC reserves the right to terminate your access to any or all of the POIST Systems LLC Products and Services at any time, without notice, for any reason whatsoever.

POIST Systems LLC always reserves the right to disclose any information as POIST Systems LLC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in POIST Systems LLC's sole discretion. That said, note that all user personal data is encrypted for security purposes and may not be accessible by POIST Systems LLC staff.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Links. POIST Systems LLC does not control or endorse the content, messages or information found in any Communication Links and, therefore, POIST Systems LLC specifically disclaims any liability regarding the Communication Links and any actions resulting from your participation in any Communication Link. Managers and hosts of linked sites are not authorized POIST Systems LLC spokespersons, and their views do not necessarily reflect those of POIST Systems LLC.

Materials uploaded or downloaded to the Communication Links may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials from third-party sites accessed through a POIST Systems LLC link.

Third-Party Products and Services

Any third-party products or services Software that is made available to you via a POIST Systems LLC Product or Service is the copyrighted work of the third-party provider. Use of the Software is governed by the terms of the license agreement, if any, which accompanies or is included with the third-party’s Software ("License Agreement"). An end user will be unable to install any third-party Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the POIST Systems LLC Terms of Agreement. Third-party scripts or code, linked to or referenced from this website and/or application(s), are licensed to you by the third parties that own such code, not by POIST Systems LLC.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators may be prosecuted to the maximum extent possible. Please respect the intellectual property rights of others when using the third=party software, apps, and/or utilities made available in POIST Systems LLC Products and Services.

Data and/or Materials Provided to POIST Systems LLC Products and Services

POIST Systems LLC does not claim ownership of the data, materials, or submissions (each a "Submission" and collectively "Submissions") that you provide POIST Systems LLC Products and Services web pages, applications posts, uploads, inputs or submissions to any of its associated services data storage. Authorization for any designated medical information for view by the members of any public or private medical or legal community is presumed when the user checks the “Emergency Medical Data” box within a Product or Service. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting POIST Systems LLC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their software programs and applications (including, without limitation, all POIST Systems LLC Products and Services), including, without limitation, the license rights to: edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services used within POIST Systems LLC Products or Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. POIST Systems LLC is under no obligation to post or use any Submission you may provide, and POIST Systems LLC may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images and/or (d) the images are in the public domain. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

Links to Third-party Sites

The links in this area will let you leave POIST Systems LLC’s site. The linked sites are not under the control of POIST Systems LLC and POIST Systems LLC is not responsible for the contents of any linked site, or any link contained in a linked site, or any changes or updates to such sites. POIST Systems LLC is not responsible for webcasting, or any other form of transmission received from any linked site. POIST Systems LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by POIST Systems LLC of the site.

Except as warranted in this agreement, POIST Systems LLC hereby disclaims all warranties and conditions with regard to third-party software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. For your convenience, POIST Systems LLC may make available as part of our Products and Services products, tools, and utilities for use and/or download. POIST Systems LLC does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such third-party products, tools, and utilities. 

Dispute Resolution

Breach of this Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida. Breach of this Agreement may result in one or more of the following interventions: a court order stating that the breaching party cannot continue to use the product(s), the assessment of money in compensation for resulting damages, or payment of attorneys' fees and costs required to correct the breach of this Agreement.

This Agreement and the interpretation of its terms shall be governed by the laws of the State of Florida. All legal claims and disputes arising under or relating to this Agreement shall be instituted and conducted in a court (federal or state) located in the State of Florida. 

Severability

If any part, term or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable Page 10 of 10 POIST Systems LLC Terms of Use 29JAN2024 AR and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provisions held to be illegal or invalid.

Unsolicited Idea Submission Policy

POIST Systems LLC or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when POIST Systems LLC’s products or marketing strategies might seem similar to ideas submitted to POIST Systems LLC. So, please do not send your unsolicited ideas to POIST Systems LLC or anyone associated with POIST Systems LLC. If, despite our request that you not send us your ideas and materials, you still send them, please understand that POIST Systems LLC makes no assurances that your ideas and materials will be treated as confidential or proprietary.