End User Agreement
Pendulab, Inc End User Agreement
I. OWNERSHIP OF THE SITE; AGREEMENT TO THE TERMS AND CONDITIONS
II. SITE CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Pendulab, Inc, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Pendulab, Inc products and services (such as data sheets,
knowledge base articles, and similar materials) purposely made available by Pendulab, Inc for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
III. USE OF THE SITE
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Pendulab, Inc reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Pendulab, Inc server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Pendulab, Inc, including any Pendulab, Inc account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Pendulab, Inc' systems or networks, or any systems or networks connected to the Site or to Pendulab, Inc.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person' use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Pendulab, Inc on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You are responsible for providing Pendulab, Inc with current accurate contact and payment information for billing purposes at all times. Pendulab, Inc is not responsible for any service interruptions that may result from your contact or payment information being out of date, in error or otherwise invalid.
By submitting an online application form for services offered on the Site, you authorize Pendulab, Inc to charge the credit card you provide on a monthly basis for the amount due pursuant to the service you purchased. You understand that your credit card will be billed and charged automatically, and that Pendulab, Inc has the right to charge your credit card for the full amount of any outstanding balance you may have with Pendulab, Inc.
Pendulab, Inc's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Pendulab, Inc may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Pendulab, Inc makes no commitment to update the materials on the Site with respect to such products and services.
V. ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Site may require you to open an account (including setting up a Pendulab, Inc user ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Pendulab, Inc immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Pendulab, Inc or any other user of or visitor to the Site due to someone else using your Pendulab, Inc user ID, password or account.
You may not use anyone else' Pendulab, Inc user ID, password or account at any time without the express permission and consent of the holder of that Pendulab, Inc user ID, password or account. Pendulab, Inc will not be liable for any loss or damage arising from your failure to comply with these obligations.
Your account will be considered "past due" when you do not make a payment or your payment cannot be collected by Pendulab, Inc on the due date. All past due accounts will be locked from access to the Site' "member' area" until it is removed from past due status. The only way to remove an account from past due status is to remove any outstanding balance owed to Pendulab, Inc.
VI. YOUR PRIVACY
At this time, Pendulab, Inc only collects personal information for billing and account creation and use purposes. We do so in order to provide you with all of our services and to give you the excellent level of customer service you deserve. In the future, we may also use this information to keep you posted on the latest product announcements, software updates, special offers, and events that you might like to hear about. You will always have the option of opting out. For more information, please email us at firstname.lastname@example.org
If you use a bulletin board or chat room on the Site you should be aware that any information you share is visible to other users. Personally identifiable information you submit to one of these forums can be read, collected, or used by other individuals to send you unsolicited messages. Pendulab, Inc is not responsible for the personally identifiable information you choose to submit in these forums.
At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.
Pendulab, Inc may gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. This information does not identify individual users and would be used only to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole. Pendulab, Inc will not use the information collected to market directly.
Pendulab, Inc abides by the safe harbor framework set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected from the European Union. You'll find more information about the U.S. Department of Commerce Safe Harbor Program.
The Site may have links to the sites of other companies. If so, Pendulab, Inc is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.
VII. PIRACY PREVENTION
Pendulab, Inc actively and aggressively enforces its intellectual property rights to the fullest extent of the law. It is illegal to copy, reproduce or distribute copyrighted material programs without permission, and violators may be subject to civil and criminal actions and penalties both in the United States and abroad. Copyrighted material includes, but is not limited to, computer programs and accompanying sounds, images and text.
As a user of the Site, we expect you to join us in our piracy prevention efforts. So long as you are a user of the Site and Pendulab, Inc' services, you acknowledge that you are bound by and will observe U.S. and international copyright and intellectual property laws and the provisions of this Agreement specifically related thereto, and you will report incidents of suspected piracy to us at email@example.com
VIII. SENDING US YOUR IDEAS AND FEEDBACK
Neither Pendulab, Inc nor any of its employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Pendulab, Inc's products or marketing strategies might seem similar to ideas submitted to Pendulab, Inc.
If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission.
1. your ideas automatically become the property of Pendulab, Inc, without compensation to you; and
2. Pendulab, Inc can use the ideas for any purpose and in any way, even give them to others.
Feedback, on the other hand, is not only permitted, but encouraged. Whether you found a bug or just want to tell us how we're doing, we appreciate your feedback at firstname.lastname@example.org. Please note that any feedback you provide via the Site and any Pendulab, Inc email address linked therein shall be deemed to be non-confidential. As such, Pendulab, Inc shall be free to use such information on an unrestricted basis.
IX. COPYRIGHT INFRINGEMENT; CLAIMS THEREOF
Pendulab, Inc respects the intellectual property rights of others, and we ask our users to do the same. As such, you are expressly forbidden from using any unauthorized use of copyrighted material or music covered under the umbrella of the Recording Industry Association of American ("RIAA") or similar authority in any broadcast syndicated by Pendulab, Inc via the Site and the services Pendulab, Inc offers therein. Pendulab, Inc may, in its sole discretion, terminate the accounts of users who violate others' intellectual property rights, and a user so terminated may, at Pendulab, Inc' sole discretion, forfeit her enrollment costs for Pendulab, Inc' services. Such termination may be issued immediately upon Pendulab, Inc learning of the infringement, and no notice to you of Pendulab, Inc' intent to terminate your account due to infringement is required or necessary.
If you believe your work has been copied in a way that constitutes infringement on the Site or via the services offered through the Site, please provide the following information to Pendulab, Inc at email@example.com:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Once Pendulab, Inc receives your notice, it will thoroughly investigate the matter and respond to you with its results, in no event later than 30 days after receipt of your notice.
X. LINKS TO OTHER SITES
The Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Pendulab, Inc's control, and Pendulab, Inc is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Pendulab, Inc DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Pendulab, Inc CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM OR UPLOAD TO THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Pendulab, Inc DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Pendulab, Inc DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Pendulab, Inc SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Pendulab, Inc FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Pendulab, Inc reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
XII. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
THE CONTENT AND MATERIALS ON THIS WEB SITE AND THE PRODUCTS AND SERVICES WHICH MAY BE PURCHASED HEREUNDER ARE PROVIDED "AS IS", AND Pendulab, Inc HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. Pendulab, Inc MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE CONTENT AND MATERIALS CONTAINED ON THE WEB SITE .
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL Pendulab, Inc BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF Pendulab, Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold Pendulab, Inc, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Pendulab, Inc by any third party due to or arising out of or in connection with your use of the Site.
Pendulab, Inc may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Pendulab, Inc' rights or property, or the rights or property of visitors to or users of the Site, including Pendulab, Inc' customers. Pendulab, Inc reserves the right at all times to disclose any information that Pendulab, Inc deems necessary to comply with any applicable law, regulation, legal process or governmental request. Pendulab, Inc also may disclose your information when Pendulab, Inc determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Pendulab, Inc may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies; (2) a request by you ("self-initiated account deletions"); (3) discontinuance or material modification of the Site or any service offered on or through the Site; or (4) unexpected technical issues or problems.
XV. GOVERNING LAW; DISPUTE RESOLUTION
XVI. VOID WHERE PROHIBITED
Pendulab, Inc administers and operates the Site from its location in Winston-Salem , North Caroilna; other Pendulab, Inc sites may be administered and operated from various locations inside and outside the United States . Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use inside or outside the United States. Pendulab, Inc reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States , you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
The Site may provide access to Pendulab, Inc international data and, therefore, may contain references or cross references to Pendulab, Inc products, programs and services that are not announced in your country. Such references do not imply that Pendulab, Inc intends to announce such products, programs or services in your country.
The information contained in this web site is subject to change without notice.
Copyright ? 2004-2005 Pendulab, Inc. All rights reserved.
Pendulab, Inc 111 N Chestnut Street , Victoria Hall Winston-Salem, NC 27101.