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.
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.
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.
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.
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.
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.
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.
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.
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.