Terms of Use for
Populus Health Marketplace Digital Services

Last revised July 20th, 2021

 

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and digital properties (e.g., websites) owned and controlled by Populus Media, Inc., d/b/a Custom Connect (“Populus Media” or “Custom Connect”), including the website located at www.populus-media.com, (collectively, referred to as the “Digital Services”). Your compliance with these Terms of Use is a condition to your use of the Digital Services. If you do not agree to be bound by the Terms of Use, promptly exit the Digital Services. Please also consult our PRIVACY POLICY for a description of our privacy practices and policies.

These Terms of Use address the following:

 

Your Use of the Digital Services

Disclaimer of Medical Services

Provider Directory

No Medical Advice

Not for Emergencies

Risks of Telehealth Services

Prescription Policy

Binding Arbitration

Ownership of the Digital Services

Access to Digital Services, Security and Restrictions

Accuracy and Integrity of Information

Links to Other Sites

Disclaimer of Warranties

Not an Insurance Product

Limitation of Liability Regarding Use of Digital Services

Dispute Resolution; Arbitration Agreement.

Consent to Receive Calls and Text Messages

CAN-SPAM Act and Telephone Consumer Protection Act Compliance

Electronic Communications

Force Majeure

External Services

Indemnification

Revisions; General

 

 

Your Use of the Digital Services 

You agree to provide true, accurate, current, and complete information when submitting a request for services to Populus Media. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Populus Media has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Populus Media may decline your request for services.

Your use of the Digital Services and any content accessed through the Digital Services must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to register and use the Digital Services, or you must be the legal guardian for someone under age 18 whose data is accessed through the Digital Services. You may not interfere with or disrupt the proper operation of the Digital Services.

If you use the Digital Services to enter your personal information, you understand that you are responsible for safeguarding and securing your mobile device and the associated credentials (such as user identifiers and passwords). If you leave your mobile device unattended, or if it is lost or stolen, you understand that your personal information may be accessible to others.

 

Disclaimer of Medical Services

Populus Media does not provide medical advice or care. Any telemedicine consults obtained through our Digital Services are provided by independent medical practitioners that provide healthcare services via telemedicine through a network of United States based health care providers (each, a “Provider”). Your Provider is directly responsible for providing you with a Notice of Privacy Practices that describes its collection and use of your health information, not Populus Media.

 

Provider Directory

Populus Media is providing this service to help patients find medical providers in their area or through a telehealth visit. No fees have been received by or paid to the medical providers for inclusion in the Populus Media platform. Inclusion of a medical provider in the Populus Media platform does not represent an endorsement or recommendation from Populus Media or any pharmaceutical company or manufacturer that has partnered with Populus Media to offer these services. There is no guarantee that by selecting a medical provider from this provider directory, you will receive a prescription. The choice of a medical provider is ultimately your choice, and you should consider this choice carefully.

 

No Medical Advice

The Providers are independent of Populus Media and are merely using the Digital Service as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from Populus Media. Your interactions with a Provider via the Digital Services is not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Populus Media, nor any of its subsidiaries or affiliates or any third party who may promote the Digital Services or provide a link to the services, shall be liable for any professional advice obtained from a Provider via the Digital Services, nor any information obtained on the Digital Services. Populus Media does not make any representations or warranties about the training or skills of any Providers who deliver services via the Digital Services. You will be provided with available Providers based solely on the information you submit to the Digital Services. You are ultimately responsible for choosing your particular Provider.

The content of the Digital Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Populus Media does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be included on the Digital Services. Reliance on any information appearing on the Digital Services, whether provided by Populus Media, its content providers, its clients, visitors to the Digital Services or others, is solely at your own risk.

Our website offers the opportunity for persons who may be experiencing certain medical conditions to be matched with a provider in their area or to receive an online medical consult. A licensed medical provider, not affiliated with Populus Media, will conduct any medical consult scheduled through our Website. The licensed medical provider will conduct a medical evaluation to determine whether a prescription is appropriate to treat the symptoms you are experiencing. All prescribing is based solely on the independent medical decision making of your medical provider. There is no guarantee you will receive a prescription. Populus Media has partnered with various pharmaceutical companies to make information regarding specific products available to you through this Website. The arrangement includes a financial relationship with Populus Media and the pharmaceutical companies. All medical providers work for independent physician-owned medical practices. The medical providers do not have a financial relationship with Populus Media, and are compensated directly by the consumer based solely on their personally performed services. The medical provider’s compensation is the same whether or not a prescription is issued, and regardless of what pharmacy you select to dispense the prescription.

 

Not for Emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

Populus Media’s Digital Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Digital Services. If you believe you have an emergency, call 9-1-1 immediately.

You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or medication.

 

Risks of Telehealth Services

Telehealth involves the delivery of healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient who is not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not a substitute for in-person health care in all cases. In order to use the telehealth services, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you directly by your medical provider. You agree that Populus Media is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.

 

Prescription Policy

You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Digital Services, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Populus Media fully honors patient freedom of choice and, if you receive a prescription for a medication, you may request that your prescription be transmited to the pharmacy of your choice.

 

Binding Arbitration.  These Terms of Use provide that all disputes between you and Populus Media that in any way relate to these Terms of Use or your use of the Digital Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with POPULUS MEDIA.

 

Ownership of the Digital Services

All pages, features, and content within these Digital Services and any material made available for download are the property of Populus Media, or its licensors or suppliers, as applicable. The Digital Services are protected by United States and international copyright and trademark laws. The contents of the Digital Services, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through these Digital Services (“Content”) may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Populus Media. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content, or other proprietary information (including images, text, page layout, or form) of Populus Media without our express written consent.

 

Access to Digital Services, Security and Restrictions

You are prohibited from violating or attempting to violate the security of the Digital Services, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Digital Services or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Digital Services, deep-link to any feature or content on the Digital Services, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Digital Services.

Violations of system or network security may result in civil or criminal liability. Populus Media will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of these Digital Services or any activity being conducted on these Digital Services.

Your access to the Digital Services may be revoked by Populus Media at any time with or without cause. You agree to defend, indemnify, and hold Populus Media harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by arising out of your breach of these Terms of Use or violation of applicable law or your use or access of the Digital Services.

 

Accuracy and Integrity of Information

Although Populus Media attempts to ensure the integrity and accuracy of the Digital Services, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Digital Services and Content thereon. It is possible that the Digital Services could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Digital Services by third parties. In the event that an inaccuracy arises, please inform Populus Media so that it can be corrected. Populus Media reserves the right to unilaterally correct any inaccuracies on the Digital Services without notice. Information contained on the Digital Services may be changed or updated without notice. Additionally, Populus Media shall have no responsibility or liability for information or Content posted to the Digital Services from any non-Populus Media affiliated third party.

 

 

Links to Other Sites

Populus Media makes no representations whatsoever about any other website that you may access through these Digital Services. When you access a non-Populus Media website, please understand that it is independent from Populus Media, and that Populus Media has no control over the content on that website. In addition, a link to a non-Populus Media website does not mean that Populus Media endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to these Digital Services, you do this entirely at your own risk.

 

Disclaimer of Warranties

POPULUS MEDIA DOES NOT WARRANT THAT ACCESS TO OR USE OF THE DIGITAL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE DIGITAL SERVICES WILL BE CORRECTED. THESE DIGITAL SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE DIGITAL SERVICES, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. POPULUS MEDIA DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE DIGITAL SERVICES.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THESE DIGITAL SERVICES, DIGITAL SERVICES-RELATED SERVICES, AND LINKED WEBSITES. POPULUS MEDIA DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY POPULUS MEDIA ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

 

Not an Insurance Product

Populus Media is not an insurer. The services provided by and through the Digital Services are not insurance products. If you desire any type of health or other insurance, you will need to purchase such insurance separately.

 

Limitation of Liability Regarding Use of Digital Services

POPULUS MEDIA AND ANY THIRD PARTIES MENTIONED ON THESE DIGITAL SERVICES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE DIGITAL SERVICES, DIGITAL SERVICES-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE DIGITAL SERVICES, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE DIGITAL SERVICES, DIGITAL SERVICES-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE DIGITAL SERVICES AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF POPULUS MEDIA TO YOU WITH RESPECT TO YOUR USE OF THESE DIGITAL SERVICES IS $200 (TWO HUNDRED DOLLARS).

 

Dispute Resolution; Arbitration Agreement.

We will try to work in good faith to resolve any issue you have with the Digital Services, including products and services ordered or purchased through the Digital Services, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

You and Populus Media agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Digital Services, including products and services ordered or purchased through the Digital Services, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Populus Media are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Populus Media.

If you desire to assert a claim against Populus Media, and you therefore elect to seek arbitration, you must first send to Populus Media, by certified mail, a written notice of your claim ("Notice"). The Notice to Populus Media should be addressed to: Populus Media, Attn: LEGAL NOTICE, Populus Media, Inc., 33 West 60th St., Suite 200 NY, NY, 10023 ("Notice Address"). If Populus Media desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Populus Media, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Populus Media and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Populus Media may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Populus Media or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Populus Media receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at WWW.ADR.ORG, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Populus Media and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Populus Media’s last written settlement offer made before an arbitrator was selected (or if Populus Media did not make a settlement offer before an arbitrator was selected), then Populus Media will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND POPULUS MEDIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Populus Media agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for New York, New York.

 

Consent to Receive Calls and Text Messages.

By providing your mobile number, you are agreeing to be contacted by or on behalf of Populus Media at the mobile number you have provided, including calls and text messages, to receive informational, product or service related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Digital Services. Message and data rates may apply. To stop receiving text messages text a reply to us with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Digital Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your services.

 

CAN-SPAM Act and Telephone Consumer Protection Act Compliance

Populus Media is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth above (Consent to Receive Calls and Text Messages and Video Recordings). E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at support@populus-media.com.

 

Electronic Communications

When you use the Digital Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Populus Media may contact you by telephone, mail, or e-mail to verify your information. Populus Media may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the Digital Services. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Digital Services until you provide the information to us as requested.

 

Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, pandemics, strikes, fire, or other disaster.

 

External Services.

The Digital Services may enable access to Populus Media’s and/or third-party services and websites, including social media sites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Populus Media is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by the Digital Services or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by Populus Media or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of Populus Media or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that Populus Media is not responsible for any such use. External Services may not be available in all languages or in your home country and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Populus Media reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.

 

Indemnification

You agree to defend, indemnify, and hold Populus Media and any affiliates harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Digital Services, products, services, or any information posted on the Digital Services; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Populus Media, your Provider, or a customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Digital Services, products, services, or any information on the Digital Services, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

 

Revisions; General

Populus Media reserves the right, in its sole discretion, to terminate your access to all or part of these Digital Services, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Populus Media and you pertaining to the subject matter hereof. In its sole discretion, Populus Media may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Digital Services after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within these Digital Services.