PenBay Solutions LLC (PenBay) created and maintains this web site to provide information to and communicate better with clients and vendors who may be interested in learning more about PenBay and the products and services it offers. You may use this web site, provided you comply with these terms and conditions.
Your Acceptance of These Terms and Conditions
Please take a few minutes to carefully review these terms and conditions. By accessing and using this web site, you agree to follow and be bound by these terms and conditions. If you do not agree to follow and be bound by these terms and conditions, you may not access, use or download materials from this web site.
These Terms and Conditions May Change
PenBay reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this web site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions every time you use this web site. These terms and conditions were last revised on July 7, 2011.
Copyright Notice and Limited License
Everything you see and hear on this site (the "Content"), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by PenBay or by one of its affiliates, or by third parties who have licensed their materials to PenBay. The entire Content of this site is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. PenBay owns the copyright in the selection, coordination, arrangement and enhancement of the Content.
You may download, store, print, and copy selected portions of the Content of this site, provided you:
- Only use the Content you download for your personal, noncommercial use or to further your business dealings with PenBay
- Do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of PenBay
- Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of PenBay
- Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality
- No right, title or interest in the downloaded Content is transferred to you when you download Content from this site. PenBay reserves all intellectual property rights in any Content you download from this site.
Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content of this site without first obtaining written permission from PenBay.
All of the trademarks, service marks and logos displayed on this web site (the "Trademark(s)") are registered and unregistered trademarks of PenBay, one of its affiliates, or third parties who have licensed their Trademarks to PenBay or one of its affiliates. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining PenBay's written permission.
PenBay welcomes your comments and feedback regarding this web site. All information and materials, including comments, ideas, questions, designs, and the like, submitted to PenBay through this web site will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork.
By submitting information or materials to PenBay through this web site, you assign to PenBay, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. PenBay will be entitled to use any information or materials you submit through this web site for any purpose whatsoever, without restriction and without compensating you in any way.
Links to Other Web Sites
This site may contain hyperlinks to web sites that are not operated by PenBay. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material on these third-party web sites or any association with their operators. PenBay does not control these web sites and is not responsible for their content. These third-party web sites (and the web sites to which they link) may contain information about uses of products that have not been approved or cleared by the Food and Drug Administration. PenBay does not endorse any "off-label" uses. These third-party web sites (and the web sites to which they link) may contain information that is inaccurate, incomplete, or outdated. You access and use these web sites (and the web sites to which they link) solely at your own risk.
DISCLAIMER OF WARRANTIES
THIS WEB SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, PENBAY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PENBAY DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. PENBAY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEB SITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. PENBAY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEB SITE OR ANY INFORMATION PUBLISHED ON THIS WEB SITE.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL PENBAY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF PENBAY OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PENBAY AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.
Governing Law and Jurisdiction
This web site is controlled and operated by PenBay from its offices within the United States. Any claim relating to, and the use of, this web site are governed by the laws of the State of Maine, United States of America. By using this web site, you consent to personal jurisdiction in the federal and state courts of Cumberland County, Maine, for any action arising out of or relating to this web site or your use of this web site. The federal and state courts of Augusta, Maine shall have exclusive jurisdiction over all such actions.
This Agreement constitutes the entire agreement between you and PenBay with respect to your access to and/or use of this web site.