Terms of Use

Pamoga LLC provides through this website, consulting resources in forms including, but not limited to, video, audio, and written content, which may be accessed and used online as well as downloaded or delivered via other methods. Such resources and this website, which are collectively referred to hereafter as "Services", in current form and including any updates, enhancements, and/or changes in form, are subject to the Terms of Use here outlined.

1. Elegibility and Acceptance of Terms

By accessing and using the Services, you stipulate that you are over the age of legal majority and can form legally binding agreements under applicable law. If you cannot stipulate as such, you are not permitted to access or use the Services.

You also acknowledge that you have read, understood, and accept these Terms of Use, without limitation or qualification, whereupon, these Terms of Use shall constitute a legally binding agreement between you and Pamoga LLC. If you do not accept these Terms of Use or at any time find the Terms of Use no longer acceptable, you must immediately terminate both your access to and your use of the Services.

2. Modifications

Pamoga LLC may at any time and without prior notice revise and update these Terms of Use. You must review the Terms of Use on a regular basis to keep yourself apprised of any changes. Your continued access to or use of the Services will mean that you accept the Terms of Use in their most recent form.

3. Scope of Use and Restrictions

Pamoga LLC grants you a non-exclusive, non-transferable revocable limited individual license to access and use the Services if you agree to not alter the Services in any way, to not generate derivative work from them, and to not assign, offer, sell, publish, or license them, without prior written consent from Pamoga LLC. By accessing or using the Services you agree to these licensing terms.

You may cite or reference the Services for your own personal and commercial fair use, as long as all Scope of Use and Restrictions are adhered to and attribution is given for such citations or references to Pamoga LLC. Such citations or references must not create or construe any impression of relationship with Pamoga LLC nor of Pamoga LLC’s endorsement of the material where Services are cited or referenced.

Pamoga LLC does not grant you through this individual license, nor through any extension of the Scope of Use and Restrictions, nor through any other means, any express or implied rights to Pamoga LLC's or any third party's trademarks, copyrights, or other proprietary or intellectual property rights.

Any exploitation or direct financial gain from your use of the Services in any manner is strictly forbidden. The Services are protected by trade dress, trademark, unfair competition, and other laws and may not be replicated or imitated in whole or in part.

4. Academic Use

If you are an educator or student of an institution of higher learning, Pamoga LLC extends the Scope of Use and Restrictions of the limited individual license to allow you to include Services within academic materials you author, so long as you utilize such materials solely for educational purposes and such materials are used solely within the scope of the classroom and to fulfill regular learning or teaching requirements.

All other Scope of Use and Restrictions apply, including, but not limited to, not altering the Services in any manner, not creating derivative work from the Services, providing attribution to Pamoga LLC for any Services utilized, and not creating or construing any impression of relationship with Pamoga LLC nor of Pamoga LLC’s endorsement of the material where Services are utilized.

5. Access Responsibility

You are responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the Services. You are also responsible for all charges associated with accessing and maintaining a connection to the Services, including, but not limited to, charges imposed by an Internet service provider, or your telephone company.

6. Prevention of Unauthorized Use

You are responsible for taking reasonable measures to prevent unauthorized use of the Services, and agree to promptly notify Pamoga LLC at licensing@pamoga.com of any infringements of the limited individual license of which you become aware. You agree to cooperate with Pamoga LLC in investigating any such unauthorized use, and agree to take reasonable steps to ensure the cessation, and the prevention of reoccurrence, of any activities resulting in such unauthorized use.

7. No Guarantee of Correctness, Continuation, or Effectiveness

Services provided are not represented, guaranteed, or claimed to be effective, under any condition, nor to be correct, accurate, reliable, or complete. Pamoga LLC assumes no responsibility and expressly disclaims responsibility for such. Pamoga LLC provides no assurances that any reported inaccuracies or errors will be resolved, even if Pamoga LLC elects to provide information with the goal of addressing such inaccuracies or errors. Pamoga LLC reserves the right to change the Services provided, and makes no representation as to the indefinite continuation of Services offered.

8. Confidential Information and User Submissions

Pamoga LLC does not want to receive confidential or proprietary information from you through this website nor through any other communication means. Any information or material sent to Pamoga LLC will be deemed not to be confidential or proprietary. By sending Pamoga LLC any information or material, you grant Pamoga LLC an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Pamoga LLC is free to use any ideas, concepts, know-how, or techniques that you send Pamoga LLC for any purpose, without attribution, and without compensation. Pamoga LLC is under no obligation to post or use any submission you may provide and may remove any submission at any time in its sole discretion. By submitting any information or materials to Pamoga LLC, you warrant and represent that you own or otherwise control all of the rights to your submission, including all the rights necessary for you to provide, post, upload, input, or otherwise submit such information or materials.

9. No Third Party Responsibility

Pamoga LLC through its Services or other methods may reference or provide links to other resources, such as websites, that are not part of Pamoga LLC. Pamoga LLC makes no representations, warranties, or other commitments whatsoever about any such resources or their extensions. Such a link or reference in no way means that Pamoga LLC endorses the content or use of such or its owner(s). In addition, Pamoga LLC is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties through a reference or link provided by Pamoga LLC or its Services.

10. Linking to Pamoga LLC Web Sites

Pamoga LLC consents to your linking to this website, provided that the link and the pages that are activated by the link do not (a) create frames around this website’s pages or use other techniques that alter in any way the visual presentation or appearance of any content within this website, (b) create or construe any impression of relationship with Pamoga LLC, (c) imply that Pamoga LLC approves or endorses you, your website, or your service or product offerings, or (d) present false or misleading impressions about Pamoga LLC or otherwise damage the goodwill associated with Pamoga LLC. As a further condition to being permitted to link to this website you agree that Pamoga LLC may at any time, and in its sole discretion, terminate your permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease referencing any Services.

11. No Unlawful or Prohibited Use

You may not use the Services for any purpose that is unlawful, or that is prohibited by these Terms of Use. You may not circumvent any technological or other measures utilized to protect and limit access to the Services nor attempt to gain access to the Services through any means not intentionally made available by them.

The Services may provide or contain email, forum, blog, or other communications facilities designed to enable you to communicate with Pamoga LLC and/or other users of the Services. You agree to use these facilities only to post, send, and receive messages and material that are proper and related to the Services. You agree not to use these facilities to (a) publish, post, upload, distribute, or disseminate profane, defamatory, obscene, indecent, inappropriate, or unlawful topics, names, materials, or information, (b) defame, harass, stalk, threaten or otherwise violate the legal rights of others, (c) upload files that contain viruses, trojan horses, worms, or any other similar software or programs that may damage the operation of Pamoga LLC property or that of its users, (d) advertise or offer to sell or buy any goods or services for any business purpose, (e) harvest or otherwise collect information about others, (f) run surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages, or (g) restrict or inhibit any other user from utilizing the Services.

Pamoga LLC has no obligation to monitor for such actions, but reserves the right to review materials posted through the Services, to remove any materials in its sole discretion, and to restrict or terminate your access to any or all of the facilities at any time, without notice, and for any reason.

12. Indemnification

You agree to indemnify, defend and hold harmless Pamoga LLC against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, initiated or created by you or third parties, resulting, arising from, or relating to your use of the Services, any material that you submit to, post on or transmit through this website and any Pamoga LLC communications facilities, your breach of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Services.

13. Disclaimer of Warranty and Limitation of Liability

USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL SERVICES AND THE INFORMATION CONTAINED WITHIN ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. PAMOGA LLC EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS.

WITHOUT LIMITATION, PAMOGA LLC MAKES NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE QUALITY OF SERVICES AND ANY MATERIAL PROVIDED BY THE SERVICES WILL MEET YOUR EXPECTATIONS, AND NO REPRESENTATION IS MADE AS TO THE INDEFINITE CONTINUATION OF SERVICES.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN SERVICES CONTENT YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTING DEVICES.

YOU ACKNOWLEDGE AND AGREE THAT, IN NO EVENT, SHALL PAMOGA LLC BE LIABLE TO ANY PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), INDEMNITY, CONTRIBUTION, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL LOSS, DAMAGE, COST OR EXPENSE OF ANY KIND WHATSOEVER, RELATED TO OR ARISING FROM SERVICES USE, HOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF CAPITAL, LOSS OF REVENUES, LOSS OF SAVINGS, LOSS OF GOOD WILL, LOSS OF SOFTWARE OR OTHER DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, CONTRACTS, SERVICES, INFORMATION, OR BUSINESS, BUSINESS INTERRUPTION, LITIGATION OR THE LIKE, OR WASTED MANAGEMENT TIME, EVEN IF PAMOGA LLC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGE, COST OR EXPENSE OR THEY ARE FORESEEABLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACCEPT THAT YOU, AND NOT PAMOGA LLC, ARE SOLELY RESPONSIBLE FOR ANY PRODUCT, SERVICE, OR METHOD WHICH USES OR INCORPORATES PAMOGA LLC SERVICES, FOR REVIEWING PAMOGA LLC SERVICES CONTENT AND DETERMINING ITS SUITABILITY FOR USE IN SUCH, AND FOR DETERMINING WHETHER SUCH USE INFRINGES PATENTS, COPYRIGHTS, OR OTHER PROPRIETARY RIGHTS OF THIRD PARTIES.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE AND ACCEPT THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY HERE PROVIDED ARE FAIR AND REASONABLE.

14. Severability

If any provision of this agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.

15. Entire Agreement

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all written or oral agreements between the parties with respect to such subject matter.