By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Permission is granted to temporarily download one copy of the materials (information or software) on Penda Corporation's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Penda Corporation's web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Penda Corporation at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Penda Corporation's web site are provided "as is". Penda Corporation makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Penda Corporation does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Penda Corporation or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Penda Corporation's Internet site, even if Penda Corporation or a Penda Corporation authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on Penda Corporation's web site could include technical, typographical, or photographic errors. Penda Corporation does not warrant that any of the materials on its web site are accurate, complete, or current. Penda Corporation may make changes to the materials contained on its web site at any time without notice. Penda Corporation does not, however, make any commitment to update the materials.
Penda Corporation has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Penda Corporation of the site. Use of any such linked web site is at the user's own risk.
Any claim relating to Penda Corporation's web site shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions.
Use of Site. Unless otherwise specified, the Services are for your personal and non-commercial use. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. 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 the Services.
User Conduct. While using the Site you will comply with all applicable laws, rules, and regulations. In addition, the Company expects users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site. You agree that you will not:
Copyright. The Site and the Content are protected by U.S. and foreign copyright laws, and belong to Penda Corporation and its partners, affiliates, contributors and third parties. The copyrights in the Content are owned by Penda Corporation or other copyright owners who have authorized their use on this Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Penda Corporation, for example in certain password-restricted areas. You may not manipulate or alter in any way any images or other Content on the Site.
Intellectual Property. ©Copyright 2019 by Penda Corporation. All rights reserved. The Company claims a copyright in all proprietary and copyrightable text, graphics and computer code on this Site, the overall design of this Site, and the selection, arrangement and presentation of all materials on this Site, including information in the public domain. You agree not to copy, reproduce, republish, transmit, modify, or distribute any of the materials contained on the Site, except for your personal, noncommercial use, absent the written approval of Penda Corporation.
Links to Third-Party Web Sites. If you use any links on the Site to websites not maintained by Penda Corporation, you will leave the Penda Corporation’s Site. The linked sites are not under the control of the Company and the Company is not responsible for the contents of any linked site or any link contained on a linked site. The Company provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by the Company of the site.
Downloading Files. Any software or documents that are made available to download from the Services ("Download") is the copyrighted work of Penda Corporation and/or its suppliers. Use of the Download is governed by the terms of this Agreement, or by the end user license agreement, if any, which accompanies or is included with the Download ("License Agreement"). Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by the Company.
The Download is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Download not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the download to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such download.
The download is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Penda Corporation hereby disclaims all warranties and conditions with regard to the download, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. For your convenience, Penda Corporation may make available as part of the services or in its software products, tools and utilities for use and/or download. Penda Corporation does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services or in Penda Corporation software products.
Disclaimer of warranties. Penda Corporation makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. Penda Corporation expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. Penda Corporation does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. Penda Corporation does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an "as is" and "as available" basis.
Limitation of Liability. IN NO EVENT WILL Penda Corporation be liable for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), or otherwise, resulting from your access or use of this site. You hereby waive any and all such claims against Penda Corporation, their partners, employees’ affiliates and contributors. You agree that the limitations set forth above are fundamental elements of this agreement, and that the Site and its materials would not be provided to you absent such limitations. Some state statutes may restrict this limitation of liability.
Indemnification. Penda Corporation makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. Penda Corporation expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. Penda Corporation does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. Penda Corporation does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an "as is" and "as available" basis.
Additional Terms of Service. If you purchase any paid Service from Penda Corporation, such purchases will be subject to the additional terms and conditions associated with such purchases, including an associated purchase contract. Please review the policies that govern your use of such Services.
Password Security. If you register to become a Penda Corporation member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password. You agree to notify Penda Corporation immediately of any unauthorized use of your account or any other breach of security. Penda Corporation will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Penda Corporation 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.
Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, Penda Corporation notifies you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://kids.getnetwise.org/ and http://onguardonline.gov/. Please note that the Company does not endorse any of the products or services listed at these sites.
Unsolicited Idea Submission Policy. Neither Penda Corporation, nor any of its employees, accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new products or technologies, services, 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 misunderstandings should Penda Corporation's business activities bear coincidental similarities with one or more of the many unsolicited ideas submitted to Penda Corporation. Please do not send your unsolicited ideas to Penda Corporation or anyone at Penda Corporation. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your submission may say:
User Supplied Information. Any feedback you provide at this Site shall be deemed to be non-confidential. Penda Corporation shall obtain the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the feedback, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. By providing such feedback, you guarantee to us that you have the legal right to post said feedback and that it will not violate any law or the rights of any person or entity.
Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. It is Penda Corporation's policy to take immediate action to address allegations of copyright infringement reported to us in accordance with applicable law, including but not limited to the United States Digital Millennium Copyright Act (Details can be found at http://copyright.gov ). To report an infringement, you must submit a written notice containing the following: