Terms of Use

Access and use of this World Wide Web site (the "Pentant LLC Site") is provided subject to these terms and conditions.

PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. These terms and conditions effective as of: January 1st, 2006 Pentant LLC, Inc. ("Pentant LLC") reserves the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. We suggest that you check these terms periodically for changes. The terms can be accessed from the link at the bottom of our website pages. If you use this website after we post changes to the terms, you accept the changed terms.

 

I. Your Permission to Use the Pentant LLC Site

Subject to these terms and conditions, you may view the Pentant LLC Web Site and the artwork, text, video, audio, images, software and data compilations (the “Content”) on the Pentant LLC Site, and, to the extent permitted by the Pentant LLC Site, may download and make limited printouts of the Content of the Pentant LLC Site only for your personal use. You must include any copyright notice originally included with the Content in all printouts and copies that you make of the Content.
Your permission is limited in a number of ways. You may not use the Pentant LLC Site or any Content available on the Pentant LLC Site for any commercial purpose. You may not redistribute, retransmit, publish or republish any Content without written permission from Pentant LLC or our licensors. Other restrictions are described in Section III below and elsewhere in these terms and conditions. Your permission to use and access the Pentant LLC Site will terminate immediately, without any further action by Pentant LLC, if you violate any of these terms or conditions.

II. Intellectual Property Rights in the Pentant LLC Site and its Content

 

All Content included on the Pentant LLC Site is the property of Pentant LLC or its licensors and is protected by United States and international copyright laws. The compilation of all content on the Pentant LLC Site is the exclusive property of Pentant LLC. All rights reserved. You may not modify or use the Content for any other purpose without the express written permission of Pentant LLC, Inc. (“Pentant LLC”). Except as provided above, you may not reproduce, republish, transmit, broadcast or distribute any Content on the Pentant LLC Site without the express written consent of Pentant LLC.

The trademarks Pentant LLC and the logos and other proprietary marks of Pentant LLC, Inc. or its affiliated companies, licensors and partners are trademarks of Pentant LLC or its affiliated companies, licensors and partners. All rights reserved. No right, title, or interest in those marks is granted to you in this Agreement.

If you download software from the Pentant LLC Site, the software - including any files, images incorporated in or generated by the software, and data accompanying the software - is licensed to you by Pentant LLC for your personal use. You will be asked to agree to the terms of an end user license agreement before downloading any software from the Pentant LLC Site. Pentant LLC does not transfer title to the software that you download to you. You may own the medium on which the software is recorded, but Pentant LLC retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software that you download from the Pentant LLC Site to any other form whatsoever.

III. Restrictions

You may not attempt to gain unauthorized access to any portion or feature of the Pentant LLC Site, or any other systems or networks connected to the Pentant LLC Site or to any Pentant LLC server, or to any of the services offered on or through the Pentant LLC Site, by circumventing the Pentant LLC Site’s access control measures, either by hacking, password “mining” or any other means.

You may not probe, scan or test the vulnerability of the Pentant LLC Site or any network connected to the Pentant LLC Site, nor breach the security or authentication measures on the Pentant LLC Site or any network connected to the Pentant LLC Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Pentant LLC Site, or any other customer of Pentant LLC, including any Pentant LLC account other than your own, or exploit the Pentant LLC Site or any service or information made available or offered by or through the Pentant LLC 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 Pentant LLC 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 Pentant LLC Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Pentant LLC Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Pentant LLC Site. Pentant LLC reserves the right to bar any such activity.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Pentant LLC Site or any transaction being conducted on the Pentant LLC Site, or with any other person’s use of the Pentant LLC Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Pentant LLC Site or Pentant LLC systems or networks, or any systems or networks connected to the Pentant LLC Site or to Pentant LLC.

You may not delete or change any Content on the Pentant LLC Site. You may not systemically download or print out materials from or systemically upload files or data to, or upload a virus or corrupted data to the Pentant LLC Site.

You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Pentant LLC or any other person on or through the Pentant LLC Site or any service offered on or through the Pentant LLC Site.

You may not use the Pentant LLC Site or any Content for any purpose that is unlawful or prohibited by these terms of use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Pentant LLC or others.

IV. Limited Linking License for Other Sites and Other Uses

Commercial and other websites may include a link to the Pentant LLC website (www.Pentant.com), so long as any such link satisfies all six (6) of the following requirements:

1. Resolves to the Pentant LLC homepage at www.Pentant.com.
2. Indicates clearly that the link will lead to the website of "Pentant LLC, Inc.."
3. Does not falsely represent or suggest any relationship between the linking site and Pentant LLC (including suggestions of affiliation, endorsement, or sponsorship).
4. Delivers Pentant LLC content outside of a framed or in-line linked environment.
5. Maintains the integrity of the Pentant LLC layout, content, and look and feel. 
6. Delivers users to the Pentant LLC website, unaltered, unmodified, unadulterated in any way by the linking site.

A site that complies with all six (6) of the above requirements may also offer a link to other content within the Pentant LLC website, so long as any such link also meets requirements two through six (2–6) above.

This limited license expressly prohibits the framing of Pentant LLC content in any way or any other activity, specifically including but not limited to referencing "Pentant LLC, Inc." as a metatag, that may create a misimpression or confusion among users with respect to sponsorship or affiliation.

V. Disclaimer of Warranties

THE PENTANT LLC SITE AND THE MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND. PENTANT LLC EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Pentant LLC will have absolutely no liability in connection with the Pentant LLC Site and its contents including without limitation, any liability for damage to your computer hardware, data, information, or business resulting from the Content, services and information available on the Pentant LLC Site. Without limiting the generality of the foregoing, Pentant LLC will have no liability for:

1. Any loss or injury caused, in whole or in part, by its actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling or delivering the Pentant LLC Site or its Content, services and information; 2. Any errors, omissions or inaccuracies in the Content, services, information on the Pentant LLC Site regardless of how caused or delays or interruptions in delivery of such Content, services and information; or 3. any decision made or action taken or not taken in reliance upon the Content, services and information on the Pentant LLC Site.

Pentant LLC makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Content or that the Content may be relied upon for any reason. Pentant LLC makes no warranty, representation or guaranty that the Content will be uninterrupted or error free or that any defects can be corrected.

Pentant LLC reserves the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the Pentant LLC Site, or any portion of the Pentant LLC Site, for any reason.

VI. Limitation of Liability

Under no circumstances will Pentant LLC be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Pentant LLC Site or the services, information or Content contained on it.

Pentant LLC is not liable under any circumstances—including but not limited to negligence—for any special or consequential damages that may result from the use of, or the inability to use, the Pentant LLC Site or any Content, services or information contained on it, even if Pentant LLC or a Pentant LLC-authorized representative has been advised of the possibility of such damages.

Pentant LLC and its affiliates are not liable for damages or injury, including but not limited to damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of the Pentant LLC Site or any Content, services or information contained on it, whether resulting, in whole or in part, from breach of contract, tortuous behavior, negligence, or otherwise. If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you.

In no event will Pentant LLC be total liability to you for damages, losses, and causes of action—whether in contract, tort (including, but not limited to, negligence), or otherwise—exceed the amount paid by you, if any, for accessing the Pentant LLC Site.

VII. Third Party Web Sites

Pentant LLC is in no way responsible for the content of any site owned by a third party that may be linked to the Pentant LLC Site via hyperlink, whether such hyperlink is provided by Pentant LLC or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Pentant LLC Site may link, including information on the site regarding the Pentant LLC Site, and Pentant LLC takes no responsibility therefore. By providing access to other websites, neither Pentant LLC nor its affiliates is recommending the purchase or sale of the stock issued by any company, nor is it endorsing products or services offered by any website's sponsoring organization.

VIII. Privacy Policy

Pentant LLC respects your right to privacy. Pentant LLC will use any personal information collected by the Pentant LLC Site in accordance with the Pentant LLC Privacy Policy located at www.Pentant.com/privacy.

IX. Jurisdictional Issues and Applicable Law

Unless otherwise specified, Pentant LLC controls and operates this site from our offices within The State of Connecticut, United States of America.

Pentant LLC does not claim that materials in this site are appropriate or available for use in locations other than Connecticut. If you choose to access this site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.

Software from this site is further subject to United States export controls. Software from this site may not be downloaded or otherwise exported or re-exported to certain countries. In particular, but without limitation, the Licensed Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By downloading and using software from the Pentant LLC Site, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

The laws of The State of Connecticut govern these terms. If you take legal action relating to these terms, you agree to file such action only in the Superior Court of Connecticut, Connecticut and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

X. Miscellaneous

If any provision of these terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions.

The preceding terms and conditions of use represent the entire agreement between Pentant LLC and the user relating to the subject matter herein.

For purposes of Sections V and VI above (Disclaimer of Warranties and Limitations of Liability), "Pentant LLC" will include Pentant LLC, Inc., and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.