Introduction
As used in these Terms of Use (the “Terms”), the terms “Pentara,” “us,” “we,” “our,” and the like shall refer to Pentara Corporation (including subsidiaries and affiliates), as appropriate. The terms “you,” “your,” and the like shall refer to you, both as an individual and as any legal entity you may represent.
By accessing or using our website (the “Website”), you agree to, and are bound by, these Terms. These Terms apply to everyone who accesses or uses our Website. If you do not wish to be bound by these Terms, do not use our Website.
We may modify, amend, or change the Terms at any time. It is your responsibility to review these Terms from time to time for any changes. If you do not accept a change to the Terms, you should stop using our Website. Your continued use of our Website constitutes your acceptance of any changes, and you will be legally bound by the updated Terms.
Your use of our Website is also subject to our Privacy Policy and Cookie Policy.
Your Responsibilities
You agree to:
- Comply with these Terms and check this web page from time to time to ensure you are aware of any changes to the Terms;
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, and regulatory requirements regarding your access and use of the Website;
- Be respectful when communicating with any of our representatives or other employees;
- Only use the Website for its intended purposes; and
- Only use the Website if you are 18 years old or older.
You agree that you will not:
- Violate these Terms;
- Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
- Use the Website in a way that damages, disrupts, or interferes with the Website or our systems, prevents others from using the Website, or attempts to do so;
- Use the Website for any harmful, illegal, or nefarious purpose;
- Disclose private or proprietary information that you do not have the right to disclose; or
- Encourage, promote, or agree to engage in any activity that violates these Terms.
If at any time you cease to meet these requirements, you must immediately cease use of the Website.
Content
While using our Website, you may access Content that Pentara provides on and through the Website. You may also be able to provide Content to Pentara through the Website. In these Terms, “Content” includes, without limitation, all text, images, video, audio, or other materials.
Pentara Content
Pentara’s Content includes all text, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Website. Pentara’s Content is owned or licensed by us and protected by copyright, trademark and other intellectual property law rights. All right, title, and interest in and to Pentara’s Content remain with us at all times. We grant you a limited license to access and use Pentara’s Content as provided below, and we reserve all other rights.
Your Content
If you provide Content to us through the Website, you represent and warrant the following:
- The Content is and will continue to be true, complete, and accurate. If circumstances change such that any Content is not true, complete, or accurate, you will supplement the Content so that it is true, complete, and accurate; and
- The Content is owned by or licensed to you, and you have all rights, licenses, and consents necessary so that we can use the Content to do business with you.
You grant Pentara a limited license to use your Content as provided below.
You are solely responsible and liable for all of your Content. You agree to indemnify, defend, release, and hold us harmless from any third-party claims or legal actions brought against us in connection with your Content.
Rights You Are Granted by Us
For as long as you comply with these Terms, Pentara grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license solely to access and use our Website for the purposes intended by Pentara and permitted by these Terms and applicable laws.
Rights You Grant to Us
Except for personal information contained in your Content, by providing Content to us through the Website, you grant to Pentara a worldwide, perpetual, non-exclusive, transferable, sub-licensable, royalty-free right and license to store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute your Content, including any information you authorize us to access from a third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future.
For any Content that contains personal information, we will treat that Content in accordance with our Privacy Policy.
By submitting suggestions or feedback to Pentara regarding our Website, you agree that Pentara may use and share such feedback for any purpose without compensating you.
Term and Termination
These Terms become effective upon your first use and access of our Website. The Terms will continue in effect until you permanently cease access and use of the Website.
Disclaimer
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, PENTARA PROVIDES THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PENTARA DOES NOT REPRESENT OR WARRANT THAT (A) YOUR USE OR ACCESS OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED, OR (C) ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE WEBSITE WILL BE ACCURATE.
ANY CONTENT ACCESSED OR OTHERWISE OBTAINED THROUGH THE USE OR ACCESS OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. PENTARA IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PENTARA, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, EVEN IF PENTARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
Dispute Resolution
Initial Concerns, Questions, or Disputes
If you have any questions or concerns about the Website, please email [email protected] first so we can try to resolve your questions or concerns without the need for outside assistance.
Arbitration Agreement, Waiver of Trial by Jury, Waiver of Class-Action Lawsuit
The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof) or the Website shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. By using the Website in any manner, you agree to these arbitration procedures. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Pentara (except for matters that may be taken to small claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. The arbitration will take place in Salt Lake City, Utah, United States of America, and you or Pentara may participate in the arbitration proceedings via video conferencing. This subsection is referred to in these Terms as the “Arbitration Agreement.”
Choice of Law
The laws of the State of Utah, United States of America, excluding Utah’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or the Website. Notwithstanding the foregoing, the Arbitration Agreement shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Utah governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
Venue
Any claims that can be properly brought in a small claims court of competent jurisdiction shall be brought in Salt Lake County, Utah. All other claims arising out of or relating to the Terms or the Website that, for whatever reason, are not governed by the Arbitration Agreement will be litigated exclusively in the federal or state courts of Salt Lake County, Utah, United States. You and Pentara consent to the exercise of personal jurisdiction of courts in the State of Utah and waive any claim that such courts constitute an inconvenient forum.
Miscellaneous
These Terms, along with the Privacy Policy, Cookie Policy, and any additional terms you agree to on the Website, contain the entire agreement between you and Pentara regarding the use of and access to the Website. The Terms supersede all previous agreements, representations, and arrangements between you and Pentara, written or oral, regarding the Website or your use or access thereof. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of Pentara to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right, obligation, or provision under these Terms by Pentara must be contained in writing and signed by an authorized representative of Pentara. You may not assign or transfer these Terms or any rights and licenses granted hereunder. Pentara may assign or transfer these Terms or any rights or licenses under these Terms without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Pentara in any manner. You cannot amend any portion of these Terms without Pentara’s prior written consent.