August 11, 2020
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. BY USING AND SUBMITTING ANY INFORMATION THROUGH THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms. We will notify you of proposed changes at least 10 business days prior to modifying these Terms. Your continued use of the Services following the notification of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, PEN grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Services.
THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, 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, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND HYPERLINKED WEBSITES.
PEN, ITS AFFILIATES, SUBSIDIARIES, LICENSORS AND SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SERVICES, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SERVICES.
PEN makes no guarantees whatsoever as to the correctness or accuracy of the Services. It is possible that the Services could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Services by third parties. In the event that an inaccuracy arises, please inform us so that we can correct it. Information contained on the Site or the Services may be changed and or updated without notice.
INFORMATION COLLECTED THROUGH THE SERVICES IS NOT INTENDED TO INCLUDE PROTECTED HEALTH INFORMATION SUBJECT TO ANY LOCAL, STATE OR FEDERAL LAW; INSTEAD, ALL COLLECTED OR POSTED INFORMATION, CONTENT, AND MATERIALS AVAILABLE THROUGH THE SERVICES ARE FOR PRIVATE COMMERCIAL PURPOSES ONLY. No reader, user, or browser of the Services should act or refrain from acting based on posted or collected information without first seeking legal advice from counsel in the relevant jurisdiction. All liability with respect to actions taken or not taken based on the contents of this site, or information collected, are hereby expressly disclaimed.
General Content Ownership
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio, videoclips, text, “look and feel”, layout, graphics, messages, files, documents, and written and other materials that appear as part of the Services, whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed or used with permission by PEN. Posted content is protected by copyright, trademark and all worldwide right, title and interest in and to the Site and its content is owned by PEN or used with permission. Safe Site logos and any associated trademarks and service marks appearing on Services are property of PEN or are used with permission of the owner. You agree not to display or use such marks without PEN’s prior written permission. PEN disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own.
Specific Content Ownership
PEN’s business customers retain all ownership rights in, and to, all of their visitors’ data passing through or generated by the PEN Services. PEN retains all ownership rights in the Services and all work provided by PEN during the course of providing support to our business customers. PEN hereby grants our business customers a royalty-free, fully paid-up, nonexclusive, license to use these same Terms of Services during the course of their Agreement with PEN.
Your Use of the Services
You may not engage in any of the following activities when accessing or otherwise using the Services:
- 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.
- Attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services by hacking, password “mining” or any other illegitimate means.
- Probe, scan or test the vulnerability of the Services nor breach the security or authentication measures on the Services or any network connected to the Services.
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Services, or any other person’s use of the Services.
- Use the Services or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of PEN or others.
- Use the Services for any abusive or illegal purpose, or harm other Site users in any way. PEN reserves the right to contact appropriate legal authorities in the event that you are suspected to have performed such actions.
- Infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy.
- Contribute content that is defamatory, trade libelous, threatening, unlawfully harassing, indecent, abusive, obscene, or contains child pornography.
We always appreciate your feedback or other suggestions, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
PEN does not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality or applicability of anything posted, displayed, linked, uploaded, recorded, broadcast or otherwise made available by any user.
Links to Other Sites
The Services may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to Site visitors. PEN is not responsible for and does not endorse the content of such Linked Sites, including but not limited to 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. In addition, a hyperlink does not mean that PEN endorses or accepts any responsibility for the content or the use of the linked site. 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.
All copyrights to elements and graphics are retained by PEN with all rights reserved. No other use is hereby authorized.
It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner.
You agree to indemnify, defend and hold PEN, its affiliates and their officers, directors, shareholders, predecessors, successors in interest, employees, agents, licensors and service providers (“Indemnitees”) harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against Indemnitees by any third party due to or arising out of or in connection with your use of the Services.
Notification of Claimed Copyright Infringement
PEN respects and expects its users to respect the rights of copyright holders. On notice, PEN will act appropriately to remove content that infringes the copyright rights of others. If it is believed that any content uploaded infringes upon existing copyrights, owners or any agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity sufficient to permit PEN to locate the material; (d) information reasonably sufficient to permit PEN to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Pursuant to Section 512(c) of the Digital Millennium Copyright Act, 17 U.S.C. § 512, PEN designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
Report of Copyright Infringement
Void Where Prohibited
Although access to these Services may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site or Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. PEN 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 or Services is void where prohibited. If you choose to access the Site or Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.