Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Service and/or the Site. PenSoft may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Service and/or the Site shall be deemed your conclusive acceptance of the modified Agreement.
LAWS AND REGULATIONS
Access to and use of this Site are subject to all applicable international, federal, state and local laws and regulations. User agrees not to use the Site in any way which violates such laws or regulations.
COPYRIGHT AND TRADEMARKS
The information available on or through this Site and the trademarks, logos and service marks ("Marks") displayed on the Site are the property of PenSoft and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of PenSoft or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, reverse engineering, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Questions concerning trademark ownership, usage, or infringement should be directed to Marketing at PenSoft, marketing@pensoft.com.
THIRD PARTY INFORMATION
Although PenSoft monitors the information on the Site, some of the information is supplied by independent third parties. While PenSoft makes every effort to insure the accuracy of all information on the Site, PenSoft makes no warranty as to the accuracy of any such information.
LINKS TO THIRD PARTY SITES
This Site may contain links that will let you access other Web sites that are not under the control of PenSoft. The links are only provided as a convenience and PenSoft does not endorse any of these sites. PenSoft assumes no responsibility or liability for any material that may accessed on other Web sites reached through this Site, nor does PenSoft make any representation regarding the quality of any product or service contained at any such site. User should be aware that linked sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. PenSoft is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions. Access to any other Internet sites linked to the Site is at the user's own risk.
LINKS FROM THIRD PARTY SITES
PenSoft prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. PenSoft reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site.
NO WARRANTIES
All content, products, and services on the Site, or obtained from a website to which the Site is linked (a "linked site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. PenSoft periodically adds, changes, improves, or updates the information and documents on this Site without notice. PenSoft assumes no liability or responsibility for any errors or omissions in the content of this Site. PenSoft does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the Site or a linked site by any party other than PenSoft, or (b) the capabilities or reliability of any product or service obtained from a linked site. Other than as required under applicable consumer protection law, under no circumstance will PenSoft be liable for any loss or damage caused by a user's reliance on information obtained through the Site or a linked site, or user's reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content. Your use of this Site is at your own risk.
TAMPERING
User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in PenSoft's Web Site. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.
LIMITATION OF LIABILITY
The information, software, products and descriptions of services published on the Site or a linked site may include inaccuracies or typographical errors, and PenSoft specifically disclaims any liability for such inaccuracies or errors. Changes are periodically made to the information on the Site and linked sites. PenSoft may make improvements or changes to the Site at any time.
Under no circumstances shall PenSoft be liable for any damages suffered by you, including any incidental, special or consequential damages (including, without limitation, any lost profits or damages for business interruption, loss of information, programs or other data) that result from access to, use of, or inability to use this Site or due to any breach of security associated with the transmission of information through the internet, even if PenSoft was advised of the possibility of such damages.
You agree that PenSoft, its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Site or a linked site, or with the delay or inability to use the Site or a linked site, even if PenSoft is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force. PenSoft cannot and does not guarantee continuous, uninterrupted or secure access to the web Site.
PRIVACY
Protecting the privacy of our clients and users of our Sites is important to PenSoft. The PenSoft Web Site Privacy Statement describes how we use and protect information you provide us.
SECURITY
Data transmitted to and from PenSoft client Sites is encrypted for the user's protection. However, the security of information transmitted through the Internet can never be guaranteed. PenSoft is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of PenSoft Sites. In order to protect you and your data, PenSoft may suspend your use of a client site, without notice, pending an investigation, if any breach of security is suspected.
TRANSMISSION OF PERSONAL DATA
User acknowledges and agrees that by providing PenSoft with any personal information through the Site, user consents to the transmission of such personal user information over international borders as necessary for processing in accordance with PenSoft's standard business practices and The PenSoft Internet Privacy Statement.
User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. PenSoft is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
CHANGES TO Terms and Conditions of Use
PenSoft reserves the right to revise these Terms and Conditions of Use at any time and users are deemed to be apprised of and bound by any changes to these Terms and Conditions of Use.
VIOLATIONS OF RULES AND REGULATIONS
PenSoft reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including the right to block access from a particular Internet Site
ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure area of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
USE OF "COOKIE" FILE FEATURES
PenSoft reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Site to reflect users' preferences. The PenSoft’s Internet Privacy Statement provides additional information regarding PenSoft’s use of cookies as well as procedures for disabling cookies.
Failure to Comply With Terms of Service and Termination
You acknowledge and agree that PenSoft may terminate your password account or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that PenSoft in its sole discretion believes violate any of the Terms of Service, violate the rights of PenSoft, or is otherwise inappropriate for continued access.
You acknowledge and agree that PenSoft may in its sole discretion deny you access through PenSoft to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through PenSoft, and PenSoft shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold PenSoft and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms of Service by you or users of your account.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, PenSoft has registered an agent with the U.S. Copyright Office. Notices of claimed copyright infringement on the Site should be directed to: Peninsula Software of Virginia, Inc., 151 Enterprise Drive, Newport News, VA 23603, Attn: Marketing
JURISDICTION/GOVERNING LAW
These terms and conditions shall be governed and construed in accordance with the laws of the State of Virginia, USA, and applicable federal laws without regard to conflicts of law principles. User agrees that any and all proceedings relating to this Site and the subject matter contained herein shall be maintained in the courts of the state of Virginia or the federal district courts sitting in Virginia, which courts shall have exclusive jurisdiction for such purpose.