Terms of Use

Pennywise Power LLC (Pennywise Power) maintains this website to provide you with information about Pennywise and it services and other promotional activities. Any use by you of this website operated by Pennywise Power (the "Site") is conditioned upon your acceptance of these Terms and Conditions of Use and our Privacy Policy (collectively, the Terms") By using this website, you agree that you have read, understood, and agree to be bound by these Terms.

 

IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE WEBSITE AND LEAVE THE SITE NOW.

 

Copyright and Use of Information

 

All information and content ("materials") on this website and any intellectual property rights embodied therein are the property of Pennywise Power or its information providers. Unless otherwise stated herein, none of the materials on this website may be copied, reproduced, modified, distributed, sold, broadcast, stored or otherwise used without the express permission of Pennywise Power or the original copyright holder. You may display and print materials available on this website solely for your personal, non-commercial use, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. Unauthorized use of materials contained on this site is expressly prohibited by law, and may result in severe civil and criminal penalties.

 

The materials specified above do not include the design and layout of the website. Elements of this website are protected by trade dress and other laws and may not be copied or imitated, in whole or in part. No logo, graphic, sound or image from this website may be copied or retransmitted unless expressly permitted by Pennywise Power.

 

Pennywise Power or its suppliers may provide software for download on the website. Use of software provided on the website is protected by copyright law and governed by the terms of the end user license agreement that accompanies such software. You may not install or use any software that contains an end user license agreement unless you first agree to the terms of the end user license agreement.

 

Liability Restrictions

 

While Pennywise Power makes reasonable efforts to insure that all material on this website is correct, accuracy cannot be guaranteed. Pennywise Power makes no representations or warranties as to the accuracy or completeness of the information contained in this website, results obtained from the use of this website, or interruptions in the availability of this website.

 

THE INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. EVEN IF PENNYWISE POWER HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, PENNYWISE POWER AND/OR ITS SUPPLIERS DISCLAIM ALL RESPONSIBILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR LOST DATA) ARISING FROM OR BECAUSE OF INACCURACIES OR OMISSIONS IN THE INFORMATION CONTAINED ON THIS WEBSITE, OR IN ANY WEBSITE LINKED TO OR FROM THIS WEBSITE. PENNYWISE POWER AND/OR ITS SUPPLIERS FURTHER DISCLAIM ANY LIABILITY ARISING FROM THE USE OF ANY MATERIALS ON THIS WEBSITE, INCLUDING ANY DAMAGE TO YOUR COMPUTER OR OTHER PROPERTY OR LOSS OF DATA ARISING FROM ANY USE OF THE MATERIALS OR THIS WEBSITE. Some states may not allow this exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.

 

Trademarks

 

The trademarks, service marks, and logos (collectively, "Trademarks") used and displayed on this website are registered and unregistered marks of Pennywise Power and others. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark. Pennywise Power aggressively enforces its intellectual property rights to the fullest extent of the law. Pennywise Power's Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without our prior, written permission.

 

Third Party Links

 

This website contains links to other websites. Pennywise Power is not responsible for the content of such websites including any changes or updates that are made to the linked website or the accuracy or completeness of the information provided on those websites. Pennywise Power provides the links as a convenience to you and the existence of the links on this website does not imply that Pennywise Power approves of or is affiliated with the linked organization or company, or its products or services, or that the linked organization or company approves of or is affiliated with Pennywise Power. Pennywise Power does not vouch for those persons, companies, or other organizations whose goods or services may be accessed or displayed through or on the Site.

 

Modifications

 

Pennywise Power reserves the right to modify the information contained on this website or these Terms at any time without notice. You are responsible for reviewing these Terms on this website. Accessing this website after any changes to these Terms have been posted thereon will constitute your acceptance of all such changes. Unless specifically stated otherwise, any new features, products or services added to the website shall be subject to these Terms. Some new products or features may require your acceptance of new or additional terms before use.

 

Submitted Information

 

Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Pennywise Power by you through this website, including but not limited to intellectual property related thereto, will be treated as non-confidential and non-proprietary and Pennywise Power may, without compensation, copy, incorporate, distribute or otherwise use such communications for any commercial or non-commercial purpose. Pennywise Power is under no obligation to post or use any submission you may provide, and Pennywise Power may remove any submission at any time in its sole discretion. Notwithstanding the foregoing, all personal data provided to Pennywise Power will be handled in accordance with our Privacy Statement. You are prohibited from posting or transmitting to or from this website any unlawful, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material.

 

Restriction, Suspension and Termination

 

Pennywise Power may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, if we believe that you have breached these Terms at any time. Any such restriction, suspension or termination will be without prejudice to any rights that we may have against you with respect to your breach of these Terms. We may also remove the Site as a whole or any sections or features of the Site at any time.

 

General

 

These Terms shall be governed in all respects in accordance with the laws of the State of Texas without regard to the conflict or choice of law rules thereof. The courts sitting in the state of Texas, federal and state shall have exclusive jurisdiction over any dispute arising hereunder. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pennywise Power as a result of this agreement or use of the website. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this agreement, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

(Revised November 2010)