Terms & Conditions
BY VISITING PENCILPOINT.MARKETING, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
Scope of Terms
Welcome to pencilpoint.marketing (the “Website”). The Website and services and products offered may include, but are not limited to, articles, reference and communication tools, message boards and information products (the “Service”). The Service is owned and operated by Pencil Point Marketing, LLC (“us,” “our,” and “we”).
Access to all areas of the Website is provided in accordance with the following terms (“Terms”). By using the Website, you electronically agree to be legally bound by the Terms, which govern your use of the Website. If you do not agree to all of these Terms, please immediately discontinue any further use of the Website. Your failure to follow the Terms may result in suspension or termination of your access to the Website.
We may change these Terms at any time. Continued access to the Website by you will constitute your acceptance of any changes or revisions to the Terms.
General Usage Rules
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to disrupt, modify or interfere with the Website, or its associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website. You further agree not to alter or tamper with any information or materials on or associated with the Website.
You acknowledge and agree that the Website and the information, content and software presented to you through or by the Website or used in connection with the Website contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including those pertaining to the protection of copyrights, trademarks, service marks, and patents, and security components that protect digital information. Except as expressly authorized by us, you agree not to sell, rewrite, modify, redistribute, create derivative works, or rent any part of the Website or any information presented to you through the Website, in whole or in part.
You may not remove any copyright notices from our materials. We reserve all our other rights not granted in these Terms. You agree not to access the Website by any means other than through the interface that is provided by us for use in accessing the Website.
We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use the Website and the Service subject to these Terms. You may not use the Website in a manner that exceeds the rights granted for your use of the Website, which includes unauthorized copying or distribution of any of the content displayed or used in the Website or creating an unauthorized derivative work.
Information Provided by You
Restrictions Applicable to Use
In connection with your use of the Website, you may not post, email, transmit or otherwise distribute: (a) Information infringing on intellectual property or privacy rights of others; Information that is unlawful, harmful, obscene, defamatory, harassing, abusive, or slanderous in our sole opinion; (b) Information that harm minors in any way; (c) viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware, or (d) confidential information belonging to any other person. In addition, you may not engage in any conduct to: (a) collect information about others; (b) interfere with the Website or the servers or other technology hardware used by the Website; (c) inhibit others from using the Website, or (e) allow any other person or entity to use your password or other identification; or (f) violate any law or regulation.
Disclaimers of Warranties
We provide the website “as is”, “with all faults” and “as available.” We make no express warranties or guarantees about the website. To the extent permitted by law, we disclaim implied warranties that the website is merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing.
We do not guarantee any results that may be obtained from the use of the website, including any information or content obtained as a result of using the website will be effective, reliable, accurate, or meet your requirements. We do not guarantee that you will be able to access or use the website (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by our representatives shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change. You use the website at your own risk.
We shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of the service. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we or our service providers knew or should have known the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the service providers’ liability in such state or jurisdiction is limited to the extent permitted by law.
Reverse engineering & security.
You agree not to undertake any of the following actions: a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or services; b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
The Website does not accept responsibility for the security of your account or content. You agree that your use of the Website or services is at your own risk.
You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, your violation of these Terms.
Notice and Take Down Procedures and Copyright Agent
If you believe any materials accessible on or from the Website infringe your copyright, trademark or other legal rights, you may request removal of those materials (or access thereto) from the Website by contacting us at email@example.com.
Termination and Modification
You agree that we may without prior notice, discontinue, temporarily or permanently, the Website (or any part thereof) or eliminate your account, any associated email address, and remove any information you uploaded or provided to the Website with or without notice. Cause for termination will include, but not be limited to, (a) violations of these Terms or any other policy of Pencil Point Marketing, LLC, (b) requests by law enforcement or other government agencies, (c) a request by you (d) discontinuance or material modification to the Website, or (e) unexpected technical or security issues or problems.
The company may need to interrupt your access to the website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the website may be affected by unanticipated or unscheduled downtime, for any reason, but that the company shall have no liability for any damage or loss caused as a result of such downtime.
Headings for convenience only
Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
These Terms and the policies, rules and guidelines posted on the Website constitute the entire contract between you and us and supersede all previous written or oral contracts. If any part of the Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
Choice of Law and Place for Resolving Disputes
The laws of the State of Ohio govern this contract and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods will have no applicability. You further agree that any disputes or claims that you may have against us will be exclusively resolved by a court located in Ohio. You irrevocably consent to the venue and jurisdiction of such courts.
By agreeing to this agreement, you are: (1) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, state and federal courts in the state of over any disputes or claims you have with us; and (3) submitting yourself to the personal jurisdiction of courts located in for the purpose of resolving any such disputes or claims
We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.
Execution of Agreement
Your continued use of the Website constitutes your acceptance of these Terms as a legal contract and the equivalent of an electronic signature. Natural persons executing this contract warrant and represent that they are at least eighteen (18) years of age. Users and the person executing this Agreement on behalf of any user that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by all necessary and appropriate corporate or other action to execute this contract on behalf of the user.
Updated: April 2019