Please read the following Terms of Use carefully. We may change or update these Terms of Use.  If we do so, we will post the revised Terms of Use on the website.  A notice of any such change will be posted on our website home page at least thirty (30) days prior to the implementation of such change.  The date of the most recent revision will always be shown at the end of the Terms of Use. Please review our Terms of Use as often as you feel necessary, because each use of our Website is your confirmation that you agree with and accept the most recent version of these Terms of Use. If you do not agree with our current Terms of Use, please do not use this website.

Privacy Policy

PennCAN respects your privacy and the security of your personal information. We encourage you to read the privacy policy that follows these Terms of Use so that you understand how we collect and use your information and can make informed choices about using our website.

Registration

Registration on this website may provide the ability to store frequently used information and personal identifiable information.  Upon registration, if prompted, please provide a working email address and a password. Please ensure that these remain confidential, as you are solely and entirely responsible for all activities which occur under your email address and password.  Please notify us immediately if you become aware of any unauthorized use of your email address and password.  Each email address and password must be used by a single user and is not transferable. PennCAN may suspend or terminate access to an account if we suspect unauthorized or improper use of the account.

PayPal

All online payments are processed by PayPal. PennCAN is not responsible for processing orders managed by PayPal.  PayPal is an organization outside of PennCAN and there is no association between the two entities except for PayPal’s processing of PennCAN electronic transactions. Please visit the PayPal company website to obtain their terms of use and privacy policy.

Trademarks and Copyrights

The PennCAN name and all other logos, slogans, trademarks, service marks, or trade dress on this Website that reference PennCAN  products and services, and all stylized versions of the foregoing, whether registered or unregistered, are owned by 50CAN, Inc.  All other trademarks on the website are the property of the respective trademark owners and are used on the Website with the permission of the owners.  All blog entries, FAQs, datasheets, articles, photographs, press releases, designs, web pages, drawing and source code included in the website are copyrighted or licensed by PennCAN (the “PennCAN Content”) and are protected by United States and international copyright laws.  PennCAN Content, excluding User Content (as defined below), may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of PennCAN. Unauthorized use of any material on the website or any PennCAN or third-party trademarks is prohibited by law.

PennCAN may also have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the PennCAN Content, and PennCAN and their respective licensors retain all right, title and interest in and to such intellectual property rights. Except as expressly provided above or in a written agreement between you and PennCAN, the furnishing of the PennCAN Content does not grant you any license, express or implied, to any such patents, patent applications, trademarks, copyrights, or other intellectual property of PennCAN, 50CAN, or any of their respective affiliated entities.

Submissions and Communications

This website may make message boards, blogs, forums, personalized pages, chat rooms and other features available to its users, and we invite you to make use of any such features. Please remember, however, that any information, photos or videos that are disclosed in public areas on the website become public information and you should exercise caution when deciding to disclose your personal information or images. You may use an alias when posting personal information on any feature provided by this website.

You agree that you will not upload or transmit any remarks, comments, postings, submittals, suggestions, messages, ideas, photographs, graphics, images, photos, video, sound, information, data, text, files, links, software, or other materials (“User Content” and together with all PennCAN Content, “Content”) that:

i. You know is false or misleading;

ii. Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

iii. Is patently offensive or promotes racism, sexism, bigotry, hatred or physical harm of any kind against any group or individual;

iv. Is abusive, threatening, obscene, defamatory, or libelous;

v. Exploits people in a sexual or violent manner;

vi. Contains nudity, violence or offensive subject matter or contains a link to an adult website;

vii. Solicits personal information from anyone under 13;

viii. Provides any telephone numbers, street addresses, last names, URLs or email addresses;

ix. Involves the transmission of “junk mail,” “chain letters” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming;

x. Contains restricted or password-only access pages or hidden pages or images;

xi. Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;

xii. Solicits passwords or personally identifiable information for commercial or unlawful purposes from other users of this website;

xiii. Involves commercial activities and/or sales without the prior written consent of PennCAN, such as contests, sweepstakes, barter, advertising or pyramid schemes; or

xiv. Includes a photograph or image of another person or another person’s name that you have posted without that person’s consent.

By submitting User Content through the website you represent and warrant that you have the right to grant, and do grant, PennCAN a non-exclusive, perpetual, transferable, irrevocable, sublicenseable, royalty-free right and license to access, use, reproduce, store, modify, distribute, publicly display, publicly perform and create derivative works of any User Content (in whole or in part) and to incorporate all or any portion of it in other works in any form, media or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such User Content, for any purposes. You understand that anything that you post on or make available to others through the website may remain on the website, in whole or in part, even after your use of the website terminates.  Under no circumstances will PennCAN be required to treat any User Content as confidential, except to the extent that the website’s Privacy Policy applies. PennCAN will be entitled to use the User Content in any manner consistent with the website’s Privacy Policy without compensation to you or any other person. For the avoidance of doubt, PennCAN will not be liable to you or any other person for any ideas (including, without limitation, product designs) derived from the User Content and will not incur any liability as a result of any similarities to the User Content that may appear in any future products or services of PennCAN.

You acknowledge and agree that you are responsible for whatever User Content you submit, and you, not PennCAN, shall have full responsibility for the User Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights. PennCAN shall have the right, but not the responsibility, to refuse to post, remove, or edit all or any portion of any User Content. As a user of the website, you will represent yourself accurately and truthfully at all times.

Documents Available on the Website

PennCAN grants you permission to use any PennCAN content that it owns and may make available on the website, provided that: (a) you do not modify the PennCAN content; (b) your use of the PennCAN content is for informational, personal, and non-commercial purposes only and PennCAN content will not be posted on any network computer or broadcast in any media; and (c) you will retain copyright notices and other proprietary notices on every copy you make. PennCAN may revoke this permission at any time and, if it does so, you agree to stop using the PennCAN content immediately. Use for any purpose other than as provided in clause (b), above, is expressly prohibited by law.

Links

The website may include links to other websites that are not owned or operated by PennCAN and may also include information and material that relate to products and services provided by third party service providers.  You acknowledge that PennCAN is not responsible for the operation of, or content located on or through, any third-party website. The inclusion of a link to such website does not imply endorsement by PennCAN. Viewing of any website linked to the Website is at your own risk.

Minors

PennCAN does not market itself to children.  If you are under 18, you may use the website only with the involvement and permission of a parent or guardian.

Indemnification

You agree to and hereby do indemnify, defend and hold harmless PennCAN and its subsidiaries, divisions, and affiliates, and each of their officers, directors, representatives, agents, and employees (collectively, the “Indemnitees”) from and against any and all liability, damages and costs (including, without limitation, attorneys’ fees) incurred by the Indemnitees in connection with your use of the Website, including without limitation with respect to any claim arising out of any User Content that you submit or breach or alleged breach of any of your obligations set forth in these Terms of Use. PennCAN reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You shall not settle any matter without the written consent of PennCAN.  You shall cooperate as fully as reasonably required in the defense of any claim.

Site Disclaimer

The website, including all content on the website, is provided on an “as is” and “as available” basis. Use of the website is at your own risk. The website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, PennCAN, its subsidiaries, and its licensors do not warrant that the Content is accurate, reliable, complete, timely or correct; that the Website will meet your requirements; that the website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the website is free of viruses or other harmful components. Any Content downloaded or accessed through the website is downloaded or accessed at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or access.

Limitation of Liability

PennCAN will not be liable for any damages or injury, including but not limited to, special, indirect, incidental or consequential damages, caused by the website, any content on the website, any other information contained on our website, or any use of or inability to use the website, including, but not limited to, any error, omission, interruption, defect, delay in operation or transmission, failure of performance or computer virus, even if an authorized representative of PennCAN  has been advised of the possibility of such damages. PennCAN will not be liable for any damages or injury, including but not limited to, special, indirect, incidental, or consequential damages, that may result from linking to any third-party website.

Exclusions and Limitations

Some jurisdictions do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to certain users.

Termination

PennCAN may, in its sole discretion, for any reason or no reason, at any time terminate your access to the Website and any password you may have in connection with the website and remove your personal information and User Content from the Website.

DMCA

PennCAN processes, investigates, and responds to notifications of alleged infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.  Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.  Notices of claimed infringement should be directed to:

50CAN, 1625 K Street NW, Suite 400, Washington, DC 20006.

The words “Notice of Infringement” should be put in the subject line of all such notifications. PenCAN will respond to all notifications of claimed infringement of intellectual property rights in accordance with applicable laws.

Miscellaneous

This agreement constitutes the entire agreement between you and PennCAN regarding your use of the Website and supersedes all prior agreements or communications. If any provision of this agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. This agreement will be governed by the laws of the State of New York applicable to contracts entered into and performed exclusively in the State of New York. Any court of competent jurisdiction sitting within [Manhattan County, New York] will have exclusive jurisdiction and venue for any dispute arising out of or relating to the website or this agreement, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.

Contact Us

If you have any comments or questions about these Terms of Use or any services available on our website, please feel free to contact us at 50CAN, 1625 K Street NW, Suite 400, Washington, DC 20006.

Last Update

These Terms of Use were last updated and are effective as of February 28, 2013.