WORLD WIDE WEB SITES
PentaVision LLC (PentaVision LLC), provides the PentaVision LLC Websites (collectively, the "Site") subject
to your compliance with the terms and conditions below.
PLEASE READ THIS
AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE. BY ACCESSING THE SITE, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH
TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
Use of PentaVision LLC’s Websites and the
You understand that you may access both PentaVision LLC's websites and the Internet
in general through the Site. You understand further that, except for information,
products or services clearly identified as being supplied by PentaVision LLC, neither
PentaVision LLC nor any of its affiliates operates or controls any information, products
or services on the Internet in any way and that except for such PentaVision LLC - identified
information, products or services, all merchandise, information and services
offered or made available or accessible through PentaVision LLC’s Websites or on the Internet generally are offered or made available
or accessible by third parties who are not affiliated with PentaVision LLC or its affiliates.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF PentaVision LLC’S WEBSITES
AND THE INTERNET. NEITHER PentaVision LLC NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO
ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH PentaVision LLC’S WEBSITES
OR ON THE INTERNET GENERALLY, AND THEY SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION,
AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH
PentaVision LLC’S WEBSITES OR ON THE INTERNET GENERALLY.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS
SUCH MATERIALS AT YOUR OWN RISK. PentaVision LLC HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
No Service Warranties
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION
GIVEN BY PentaVision LLC, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES
SHALL CREATE A WARRANTY. NEITHER PentaVision LLC NOR ITS AFFILIATES WARRANTS THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE
OR OTHER MATERIAL ACCESSIBLE ON THE SITE IS FREE OF VIRUSES, WORMS, TROJAN
HORSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL PentaVision LLC, ITS AFFILIATES OR ITS CONTRACTORS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE
SITE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON
OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE
SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION
OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY
FAILURE OF PERFORMANCE.
If you are dissatisfied with the Site, or with any terms, conditions,
rules, policies, guidelines, or practices of PentaVision LLC in operating the Site,
your sole and exclusive remedy is to discontinue using the Site.
Making Purchases On The Site
If you wish to make purchases on the Site, you may be asked by the merchant
or information or service provider from whom you are making the purchase
to supply certain information, including credit card or other payment mechanism
information. You agree that all information you provide any merchant or
information or service provider on the Site for purposes of making purchases
will be accurate, complete and current. The merchants and information and
service providers offering merchandise, information and services on the
Site set their own prices and may change prices or institute new prices
at any time. You agree to pay all charges incurred by users of your account
and credit card or other payment mechanism at the prices in effect when
such charges are incurred. You also will be responsible for paying any
applicable taxes relating to purchases on the Site.
User Conduct On The Site
While using the Site, you may not:
- restrict or inhibit any other user from using and enjoying the Internet;
- post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, pornographic, profane, or otherwise objectionable information
of any kind, including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal offense, give rise
to civil liability, or otherwise violate any local, state, national or
international law, including without limitation the US export control laws
- post or transmit any information or software which contains a virus,
cancelbot, trojan horse, worm or other harmful component;
- post, publish, transmit, reproduce, distribute or in any way exploit
any information, software or other material obtained through the Site for
commercial purposes (other than as expressly permitted by the provider
of such information, software or other material);
- upload, post, publish, transmit, reproduce, or distribute in any way,
information, software or other material obtained through the Site which
is protected by copyright, or other proprietary right, or derivative works
with respect thereto, without obtaining permission of the copyright owner
or rightholder; or
- upload, post, publish, reproduce, transmit or distribute in any way
any component of the Site itself or derivative works with respect thereto,
as the Site is copyrighted as a collective work under US copyright laws.
PentaVision LLC has no obligation to monitor the Site. However, you agree that PentaVision LLC
has the right to monitor the Site electronically from time to time and
to disclose any information as necessary to satisfy any law, regulation
or other governmental request, to operate the Site properly, or to protect
itself or its subscribers. PentaVision LLC will not intentionally monitor or disclose
any private electronic-mail message unless required by law. PentaVision LLC reserves
the right to refuse to post or to remove any information or materials,
in whole or in part, that in its sole discretion, are unacceptable, undesirable,
or in violation of this Agreement.
You understand and agree that unless you notify PentaVision LLC to the contrary,
PentaVision LLC may publish your name and other consumer information in one or more
directories which may be accessed by other Internet users; in addition,
unless you notify PentaVision LLC to the contrary, PentaVision LLC may make such information available to third parties from time to time. You understand further that merchants on the Site may have access to such information and may make it available
to third parties in accordance with their normal practices unless you notify
those merchants directly that you do not wish such information made available.
Failure to Comply with Terms and Conditions
PentaVision LLC may deny you access to all or part of the Site without notice if
you engage in any conduct or activities that PentaVision LLC in its sole discretion
believes violates any of the terms and conditions in this Agreement. If
PentaVision LLC denies you access to the Site because of such a violation, you shall
have no right (1) to access through PentaVision LLC any materials stored on the Internet,
(2) to obtain any credit(s) otherwise due to you, and such credit(s) will
be forfeited, (3) to access third party services, merchandise or information
on the Internet through PentaVision LLC, and PentaVision LLC shall have no responsibility for any
consequences resulting from lack of notification.
You agree to defend, indemnify and hold PentaVision LLC and its affiliates harmless
from any and all liabilities, costs and expenses, including reasonable
attorneys’ fees, related to any violation of this Agreement by you or authorized
users of your account, or in connection with the use of the Site or the
Internet or the placement or transmission of any message, information,
software or other materials on the Internet by you or authorized users
of your account.
In the event that any portion of this Agreement is held to be unenforceable,
the unenforceable portion shall be construed in accordance with applicable
law as nearly as possible to reflect the original intentions of the parties
and the remainder of the provisions shall remain in full force and effect.
PentaVision LLC’s failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision or
right. Neither the course of conduct between parties nor trade practice
shall act to modify any provision of this Agreement.
PentaVision LLC may modify this Agreement from time to time by placing a notice
of such modification in the "What’s New" area (or an area with
any title with similar meaning and content), and your continued use of
the Site following notice of such modification shall be deemed to be your
acceptance of any such modification. It is your responsibility to check
the "What’s New" area regularly to determine whether this Agreement
has been modified. If you do not agree to any modification of this Agreement,
you must immediately stop using the Site.
This Agreement shall be governed by and construed in accordance with
the laws of the State of Pennsylvania, without regard to its conflicts
of law provisions. Any cause of action you may have with respect to the
Site must be commenced with one one (1) year after the claim or cause of
action arises or such claim or cause of action is barred.
This Agreement constitutes the entire agreement between you and PentaVision LLC
with respect to the Site.