Terms of Use

EFFECTIVE DATE: 12/13/17

 

These terms of use ("Terms") constitute a legal contract between 1101 PADC 55 Holdings, LLC ("we," "our," or "us") and you and govern all aspects of your use of our website, www.pen11.com ("Site"). Please read these Terms carefully. By accessing or using any of the information, materials, or functions available on the Site, you acknowledge and agree that you consent to these Terms. If you do not agree to be bound by the Terms, please exit the Site now.

Please be aware that we may change or replace the Terms from time to time, at our sole discretion. If we make changes to the Terms, we will notify you by posting those changes to this Site. Any modifications to the Terms will go into immediate effect after they have been posted. Your continued use of the Site after we post any changes constitutes your consent to the updated Terms.

The Terms are in addition to any other terms and conditions that may apply to your relationship with us or particular activities or functionalities of the Site. Where appropriate, please review those specific terms and conditions. In the event of a conflict between the Terms and the specific terms and conditions of any other agreement between you and us, the specific terms and conditions apply.

You agree to provide accurate, current, and complete information about yourself when you use the Site. You further agree to promptly update information about yourself as a user of the Site.



Eligibility

The Site is not intended for use by anyone under the age of 18 years or by any person or entity in any jurisdiction or country where such distribution or use would be contrary to local laws or regulations.


Privacy

We are committed to protecting the privacy of those who access and use the Site. The Privacy Policy is incorporated by reference in these Terms, and by using the Site, you are consenting to the Privacy Policy.


Your License

Subject to the Terms, we grant you a non-exclusive, non-transferable, limited, and revocable license to access the Site for your personal use only ("Your License"). We reserve the right, in our sole discretion, to terminate Your License or any services provided to you through the Site and to assert legal action with respect to your use of the Site that we reasonably believe is or might be in violation of the Terms, additional terms and conditions, or other policies.


Intellectual Property

The Site and any content, materials downloaded, and intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by us or third parties; all rights, title, and interest therein shall remain our property and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.

You are authorized solely to view and retain a copy of pages related to the Site, as well as relevant documents, images, or other materials on the Site for your own personal use. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion thereof, for any public or commercial use, without our express written consent. Additionally, you agree that you (a) will not remove or alter any author, trademark, or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); and (b) will not make any other modifications to any documents obtained from the Site other than in connection with completing information required to use the Site for its intended purposes.


Use of Information and Materials

The content, information, and materials contained on the Site and the Terms, policies, and descriptions that appear on the Site are subject to change. You accept sole responsibility for your use of the Site. Your use of the Site is limited to the intended functions of the Site. Unauthorized use of the Site, including but not limited to unauthorized entry into our systems or misuse of any information posted on the Site, is strictly prohibited. You may not use the Site in a manner that:

(a)   harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);

(b)  is unlawful, fraudulent, or deceptive;

(c)   uses technology or other means to access content or systems in a manner that is not authorized;

(d)  uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access content or systems;

(e)   attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

(f)   attempts to gain unauthorized access to computer networks or user accounts;

(g)   encourages conduct that would constitute a criminal offense or that gives rise to civil liability;

(h)  violates these Terms or any other applicable policies;

(i)    attempts to damage, disable, overburden, or impair servers or networks; or

(j)    fails to comply with applicable third-party terms.


Third-Party Links

The Site may contain links to other websites not operated or controlled by us ("Third-Party Websites"). The Terms and Privacy Policy do not apply to Third-Party Websites. Please review the terms of use and privacy policy for any Third-Party Website that you may visit through a link on our Site. Such Third-Party Websites may have terms and conditions and/or privacy policies that differ from ours, and the Third-Party Website may provide less security than our Site.

By creating a link to a Third-Party Website, we neither endorse nor recommend any products or services offered or information contained at the Third-Party Website. We disclaim liability for any information, materials, products, or services posted or offered at any of the Third-Party Websites linked to our Site. We also disclaim liability for any failure of any products or services offered or advertised at such Third-Party Websites.


No warranty

THE SITE, INCLUDING ALL CONTENT, INFORMATION, MATERIALS, LINKS, AND OTHER ITEMS PROVIDED BY US OR BY THIRD PARTIES ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE SITE, SERVICES, CONTENT, INFORMATION, MATERIALS, LINKS, AND OTHER ITEMS PROVIDED BY US OR BY THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE TO USE THE SITE AT YOUR SOLE RISK AND THAT WE CANNOT GUARANTEE AND DO NOT WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE SITE WILL BE FREE OF COMPUTER VIRUSES.


Limitation of Liability

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE SITE OR YOUR USE THEREOF OR INABILITY TO USE BY ANY PARTY OR  DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR OTHER DEFECT RELATED TO THE SITE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES.


Indemnification

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, partners, representatives, and licensors (the "Indemnified Parties" and each an "Indemnified Party") from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms (including negligent or wrongful conduct) by you; (ii) your use of the Site; or (iii) information provided by you. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.


Submissions

Unless otherwise indicated, any content submitted to us via the Site shall be deemed and remain our property. We shall be free to reproduce, use, disclose, and distribute, for any purpose, any information, idea, concept, know-how, or technique contained in the content provided to us through the Site or in conjunction with its services. We shall not be subject to any obligations of confidentiality regarding information submitted, except as may be expressly agreed in our writing, or as otherwise specifically required by law.


System Outages, Slowdowns, and Capacity Limitations

At times you may experience difficulty accessing the Site or communicating with us through the Internet or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or ours, can experience unanticipated outages or slowdowns or have capacity limitations. We make no warranty whatsoever to you, express or implied, regarding the availability of the Internet or cell or data service on your device.


Protecting Your Devices

We make no warranty whatsoever to you, express or implied, regarding the security of the Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Site. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. We are not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.


Severability /
No Waiver

If any provision of the Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of the Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of the Terms.