Terms of Use

These terms and conditions (these "Terms of Use") govern your use of Totemo AG's web site (this "Site") and the materials and information accessible on and from this Site. Please read these Terms of Use before accessing any part of this Site. Your access of this Site constitutes your agreement with and acknowledgment of these Terms of Use, as may be amended from time to time by Totemo AG ("Totemo"). If you do not agree with these Terms of Use, you may not access or otherwise use this Site.

No Representations and Warranties

Totemo does not warrant or make any representations of any kind with respect to the materials and information contained on this Site. Your use of this Site is at your own risk. Although Totemo attempts to provide accurate information, this Site is intended to be for general reference and informational purposes only. Although Totemo strives to keep this Site up to date, it may contain inaccurate, incomplete or out-of-date information. Totemo assumes no responsibility for errors or omissions in the content of this Site, and makes no commitment to update such information. Your sole and exclusive remedy for issues relating to the use of, or the material on, this Site shall be to discontinue accessing this Site and discontinue use of the information or material obtained. The user and Totemo acknowledge and agree that Totemo shall not be liable for any damages relating to the use of, or reliance upon, this Site or such material or information contained on this Site. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE TOTEMO, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF TOTEMO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, IN CONNECTION WITH OR ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO (OR INABILITY TO ACCESS) THIS SITE OR THE USE OF ANY MATERIAL OR INFORMATION CONTAINED ON OR ACCESSED THROUGH THIS SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

Privacy Policy Statements

Totemo recognizes and respects the privacy of users of this Site. Any information that Totemo may collect from you during your use of this Site is subject to Totemo' Privacy Policy (the "Privacy Policy"). The full text of the Privacy Policy is included on this web site or you may click here to go directly to the Privacy Policy. Please note, however, that this Site may contain links to other sites and/or information provided by third parties. Totemo is not responsible for the privacy practices or content of any site not owned or operated by it.

Forward-Looking Statements

Certain statements and information on this Site and in Totemo’s press releases and other reports are forward-looking statements and are subject to risks and uncertainties. These forward-looking statements include information about possible or assumed future results of Totemo' financial condition, operations, plans, objectives and performance. Many possible events or factors could affect Totemo's future financial results and performance that could cause its results or performance to differ materially from those expressed in these forward-looking statements. Such factors include, but are not limited to, national, international, regional and local economic, competitive, geopolitical and regulatory conditions and developments; the market for secure messaging software (including the emerging hybrid gateway solutions market); market acceptance of enhancements to Totemo's existing products and introduction of new products; continued profitability of Totemo's professional services; maintaining relationships with its distribution partners; and other uncertainties. You are cautioned not to place undue reliance on these forward-looking statements, which reflect management's analysis only as of the date that the forward-looking statement is made. Totemo undertakes no obligation to publicly release the results of any revision of the forward-looking statements.

No Tax, Investment or Legal Advice

The material and information presented on this Site are for general reference and informational purposes only and are not intended to offer specific tax, investment or legal advice of any kind. The material and information are not intended to replace the services of a trained tax, investment and/or legal professional, or to provide tax, investment and/or legal advice, or to be a substitute for investment, tax, and/or legal advice. ALL USERS ARE EXPRESSLY ADVISED TO CONSULT WITH THEIR OWN TAX, INVESTMENT AND/OR LEGAL PROFESSIONALS OR ADVISORS BEFORE MAKING ANY PURCHASE OR INVESTMENT DECISIONS. BY USING THIS SITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT RELYING ON ANY INFORMATION OR MATERIAL PRESENTED ON THIS SITE TO MAKE ANY INVESTMENT DECISION.

Links to Other Sites

Totemo may provide links to other sites maintained by third parties. Totemo has not reviewed or endorsed these linked sites, and you hereby acknowledge and agree that Totemo shall not be responsible for the content, products or services offered in such sites. To the extent applicable, you are responsible for compliance with all local laws regarding material or information obtained from this Site or linked sites. If you decide to access or use any of the third party sites linked to this Site, you do so entirely at your own risk.

Intellectual Property

The material and information on this Site, including, without limitation, all design, text, images, photographs, press releases and other information, are protected under Swiss and other copyright laws and are owned by Totemo and/or used under license from the copyright owner. The information may not, except under written license from a duly authorized representative of Totemo, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Totemo's prior written consent, except to the extent that such use is authorized under the Swiss and other relevant copyright laws. Totemo's trademarks, logos, images, and service marks used on this Site are the property of Totemo and may not be used without the prior written consent of a duly authorized representative of Totemo and without proper acknowledgment.

No Employment Guarantee

With respect to Totemo's career opportunities, we make no guarantee or promise that you will achieve job placement, that any employment or position is available, or that you will be placed in a job of your preference.

Equal Employment Opportunity Commission Statement

Totemo does not discriminate against or harass any employee or applicant for employment because of race, colour, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, political affiliation, veteran and/or status with regard to public assistance. Totemo makes employment decisions in accordance with applicable federal, state and local laws.

Governing Law

The internal laws of the State of Zurich, without reference to any choice of law provisions, shall govern any claims relating to, in connection with or arising from any use or access of this Site. This Site is controlled by or on behalf of Totemo within Switzerland. Totemo makes no representation that the material and information on this Site are appropriate or available for use in other locations, and access to them from territories where such material and information is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Updates and Revisions to these Terms of Use and this Site

Totemo reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice to you. You agree that Totemo shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site. In addition, Totemo may update and/or revise these Terms of Use at any time, and from time to time, with or without notice to you, and you agree to be bound by such updates, modifications and/or revisions. Updates and revisions will be incorporated from time to time into these Terms of Use, and you are responsible and agree to review these Terms of Use from time to time to ensure compliance.

Severability

If any one or more of the terms or provisions of these Terms of Use is declared unlawful, void or for any reason unenforceable by any court in any jurisdiction, then any such term(s) or provision(s) shall be deemed severable from the remaining terms or provisions in such jurisdiction and will not affect the validity and enforceability of such remaining terms or provisions.