Last Updated: August 24, 2022
These Terms of Use are entered into by and between you and Penta Communications, LLC ("Penta Communications, LLC," "we," or "us"). . Penta Communications, LLC offers information regarding its business and services via the website located at pentacommunications.com (the "Site"). The following terms, together with the Privacy Policy which is incorporated by reference (collectively, these "Terms of Use"), govern your access to and use of the Site.
"You" and similar terms mean you as an individual, as well as the business or entity on whose behalf you are using the Site, and you represent and warrant that you are authorized to enter into this agreement on behalf of yourself and such business or entity. Please read these Terms of Use carefully. By either: (i) accessing or using the Site, or (ii) clicking on the "I Agree" or a similar checkbox when prompted, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Site.
The Site is offered and available to users who are 18 years of age or older and reside in the United States. By using the Site, you represent and warrant that you are 18 years of age or older and otherwise meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Site.
Penta Communications, LLC reserves the right to make changes to these Terms of Use at any time. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. If you are dissatisfied with the Site or these Terms of Use, you agree that your sole and exclusive remedy is to discontinue using the Site.
Accessing the Services
Subject to your compliance with these Terms of Use, we hereby grant you a non-exclusive, non-transferable right to access and use the Site, solely and strictly in accordance with these Terms of Use. You understand and agree that the Site is provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Site under these Terms of Use.
We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users. Penta Communications, LLC does not make any representations or guarantees regarding uptime or availability of the Site.
You are responsible for:
We may block, limit or terminate your access to the Site for any reason, including if: (i) you violate these Terms of Use; (ii) you violate any applicable law or regulation relating to your use of the Site; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.
You may need to provide certain registration details or other information to access the Site or some of the resources it offers. It is a condition of your use of the Site that all the information you provide in connection with the Site is correct, current, and complete. You agree that all information you provide to submit an order, use the Site, or otherwise is governed by our Privacy Policy, and you hereby expressly consent to all actions we take with respect to your information consistent with our Privacy Policy.
You are responsible for keeping your account credentials secret and secure. If you suspect any unauthorized access or use of your account, you shall immediately change your password and inform Penta Communications, LLC of the suspected unauthorized activity. We may change your account credentials, including your username and password, or terminate access to your account with us, at any time, in our sole discretion, including if we suspect any unauthorized or fraudulent activity relating to your account.
Appropriate Use
The Site is controlled and operated by Penta Communications, LLC from its offices within the United States. Penta Communications, LLC makes no representation that the information or materials on or linked through the Site is appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules and regulations in their respective location in doing so.
You shall not use the Site for any purposes beyond the scope of the access granted by these Terms of Use. You shall not at any time, directly or indirectly, and shall not permit any users to: (i) reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Site; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Site; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Site, in whole or in part; (iv) remove any proprietary notices from the Site; or (v) use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
In connection with the Site, you must not: (i) transmit or otherwise make available through or in connection with the Site, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious; (ii) use any device, software or routine that interferes with the Site; (iii) use the Site in an unlawful or fraudulent manner, including by at any time misrepresenting your identity or impersonating another person in any way; (iv) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; (v) use any automatic device, process or means to access the Site for any purpose, including monitoring or copying content on the Site; and (vi) otherwise attempt to interfere with the proper working of the Site.
We reserve the right to terminate access to the Site at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Intellectual Property Ownership
You acknowledge that, as between you and Penta Communications, LLC,Penta Communications, LLC owns all right, title, and interest, including all intellectual property rights, in and to the Site and, with respect to third-party products or works, the applicable third-party owns all right, title, and interest, including all intellectual property rights, in and to the third-party products, trademarks, images, and related designs.
Penta Communications, LLC names and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of Penta Communications, LLC.All rights are reserved.You are not authorized to use any Penta Communications, LLC name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Penta Communications, LLC.All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Site is the property of their respective owners.
The entire contents and design of the Site is protected by U.S. and international copyright law.All rights regarding the Site and materials contained on the Site is either owned by Penta Communications, LLC, are licensed to it, or are used with permission.Penta Communications, LLC and its licensors, vendors, or other service providers retain and reserve all proprietary rights to the contents of the Site.
Updates
We may from time to time in our sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Accuracy of the Services
Penta Communications, LLC strives for accuracy, to the extent it controls, processes, or displays the Site, in all item descriptions, photographs images, compatibility references, detailed specifications, pricing, links and any other service-related information contained herein or referenced in the Site. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other service-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. Penta Communications, LLC reserves the right at any time and without notice to update information and to correct or remove errors, inaccuracies, or omissions.
Transactions
We may make available the ability to pay for our services using the Site (each payment, a "Transaction"). In order to make a Transaction, you may be asked to supply certain relevant information, including your credit or payment card number and expiration date, routing and/or bank account numbers, or similar payment information, and your billing address. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with a Transaction and that you have all authority necessary to enter into the Transaction. By submitting such information, you grant Penta Communications, LLC the right to provide such information to third parties for the purposes of facilitating the Transaction. Verification of information may be required prior to the completion of any Transaction. In addition, you are responsible for any taxes applicable to your Transaction. You acknowledge and agree that Penta Communications, LLC is not responsible for how any third-party credit card or other payment method processor transmits, stores, uses or shares your information.
User Content
The Site may allow you to upload, post or share information, text, data, photographs, and other content (collectively, "User Content"). In uploading, posting or sharing such User Content, you grant Penta Communications, LLC and its affiliated entities a non-exclusive, sublicensable, perpetual, worldwide, royalty-free license to display, access, view, store, and/or download User Content, and post or forward User Content to others, for the purpose of providing you the Site or any other use described in our Privacy Policy. You represent and warrant that:
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Penta Communications, LLC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Penta Communications, LLC is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site.
The following content standards apply to any and all User Content and use of the Site. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
Penta Communications, LLC may, in its sole discretion, deny any application to post or display User Content. Penta Communications, LLC may also change these standards at any time without notice.
Warranty Disclaimer
THE SITE IS PROVIDED "AS IS" AND Penta Communications, LLC HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. Penta Communications, LLC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Penta Communications, LLC MAKES NO WARRANTY OF ANY KIND THAT THE SITE, OR ANY RESULTS OF THE USE THEREOF, WILL MEET YOURS OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
Transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted via the Site or the Website. Any transmission of personal information is at your own risk. You acknowledge and agree that we are not responsible for the circumvention of any privacy settings or security measures contained in the Site or the Website
Limitations of Liability
IN NO EVENT WILL Penta Communications, LLC BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OF USE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER Penta Communications, LLC WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL Penta Communications, LLC' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO Penta Communications, LLC UNDER THESE TERMS IN THE THREE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100, WHICHEVER IS LESS.
Indenification
You agree to defend, indemnify and hold Penta Communications, LLC, its parent and affiliate entities, and all of their owners, officers, directors, employees, contractors, operational partners, and service providers, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of these Terms of Use.
Governing Law and Venue
These Terms of Use are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, in each case located in West Bridgewater, MA, USA. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CLAIM BY YOU MUST BE RAISED WITHIN TWELVE (12) MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE OR IT IS WAIVED AND VOID.
Third-Party Sites
The Site may contain links or other connections to gain access to websites and social networks that are not under the control of or operated by Penta Communications, LLC, but rather are exclusively controlled and operated by third parties (collectively, "Third-Party Sites"). You may be transferred to a Third-Party Site even though it appears that you are still in the Site. These Third-Party Sites are subject to different terms and conditions and privacy policies. You agree that your use of Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions. Penta Communications, LLC is not liable for your use of any Third-Party Site.
Miscellaneous
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms of Use is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms of Use will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign your rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.
These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and Penta Communications, LLC regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Contact Information
If you have questions or comments about these Terms of Use, please contact us contact us at [email protected].
