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 use the Services.
3. Scope of Use and Restrictions
Pamoga LLC grants you a non-exclusive, non-transferable, revocable limited individual license to display, download, and print the content provided by the Services that are made available to you, solely for your lawful, personal, and non-commercial use, retaining on such display, download and print copy all Pamoga LLC logos, trademarks, and copyright notices. You agree not to modify, reformat, create derivative works from, distribute, publish, upload, post, transmit, publicly display or perform, sell, transfer, assign, disclose, license, or otherwise display or reproduce Services content or portions thereof without the prior written consent of Pamoga LLC.
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. You agree not to circumvent the measures utilized, technological or otherwise, to protect and limit the Services content that is offered to you.
4. Site Registration Category
Pamoga LLC offers a Site registration category for Services, consisting of a tiered number of the aforementioned limited individual licenses, for use by employees within a business and hereafter referred to as the "License Pool", which are assigned one to an employee, upon that employee's registration with Pamoga LLC, up to the total number of individual licenses provided in the License Pool. For licenses in the License Pool, the Scope of Use and Restrictions is extended such that, if you are assigned an individual license from the License Pool, you are allowed the inclusion of Services content in whole or in part into materials you author, so long as you (a) do not modify, derive, or reformat Services content, (b) retain all Pamoga LLC logos, trademarks, and copyright notices from Services content, and (c) provide clear, visible, and permanent attribution to Pamoga LLC where Services content has been integrated. You may distribute and others in your business may redistribute Services content you have obtained, in its complete form or integrated into materials you author, as long as these restrictions are maintained and the distribution and redistribution is solely for the exclusive use of the business for which the Site registration was established.
The Site registration category requires that the business registers itself through a named license administrator that will represent the business in all manners of interaction with Pamoga LLC, including but not limited to the reception from and timely management of all Pamoga LLC registration related communication, such as initial billing and registration renewal notices, site registration credentials, usage inquiries, and license administration concerns, as well as license management amongst business employees should licenses available in the License Pool be exhausted. The named license administrator may be changed by the business as needed, provided Pamoga LLC receives in writing notification of the change. If you are the license administrator you agree to abide by such responsibilities.
5. Academic Use
If you are an educator or student of an institution of higher education, Pamoga LLC extends the Scope of Use and Restrictions of the limited individual license to allow you to reference Services content within your academic environment, so long as you (a) do not modify, derive, or reformat Services content, (b) retain all Pamoga LLC logos, trademarks, and copyright notices from Services content, (c) provide clear, visible, and permanent attribution to Pamoga LLC for all Services content referenced, and (d) utilize such Services content solely for educational purposes. You may use and distribute Services content solely within the scope of the classroom, and solely to fulfill regular learning or teaching requirements.
6. Registration Credentials and Access Responsibility
Access to most Services content offered by Pamoga LLC requires you to register with Pamoga LLC. When registering, you must complete the registration process by providing Pamoga LLC with current, complete and accurate information as prompted by the applicable registration forms, including your selection of a password. This information is used to establish your credentials. You agree to update such information promptly upon the occurrence of any changes.
You are entirely responsible for maintaining the confidentiality of the information you provide upon registering and in any updates you subsequently perform, including but not limited to your password, and agree to notify Pamoga LLC immediately of any unauthorized or improper use of your credentials. Pamoga LLC will not be liable for any loss that you may incur as a result of someone else using your credentials, either with or without your knowledge. You are entirely responsible for any and all activities that occur when your credentials are used, and could be held liable for losses incurred by Pamoga LLC or another party due to someone else's usage of those credentials.
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.
The aforementioned requirements and responsibilities extend to license administrators of Site registrations as pertains to management of Site credentials and associated Site registration information.
7. Paid Services
Services offered are provided on a free or paid basis, and charges for offerings you may select are stipulated prior to your purchase. If you purchase a paid offering, you agree to promptly and fully pay all stipulated charges. You agree to be liable for the cost of any offerings purchased using your credentials, regardless of whether such purchase was done by you or by a third party utilizing your credentials. You further agree to provide valid information to enable your purchases, authorize Pamoga LLC to collect on such purchases, and stipulate that you are authorized to make such purchases, whether using your own funding sources or funding sources from others such as your business or employer. You further agree that all such charges are final and are not refundable, that resolution of any dispute regarding the reception of paid Services content will be limited to the redelivery of that same Services content to you, and that such disputes must be communicated to Pamoga LLC within ten (10) days of the charge to be considered valid and actionable.
By establishing a registration for a business under the Site registration category, you agree to be the named license administrator for that business, and agree that such registration incurs a registration fee, that the fee is recurring on a time period stipulated upon registration, that the fee will be communicated and charged through you to the business, that this fee covers all individuals licensed from the License Pool during the recurring period, and that the fee will not be refunded nor prorated upon cancellation at any time of the Site registration. You further agree to be liable for payment of this registration fee by the stipulated date, and agree that lack of payment by such a date will result in the lack of establishment or the immediate suspension of the Site registration and its associated access to Services content for all individuals registered within the License Pool.
You acknowledge that Pamoga LLC reserves the right, at any time and at its sole discretion, to remove paid Services offerings and suspend or cancel your registration, without advance notice, should your payment method be declined by the issuer, have insufficient funds, or otherwise result in non-payment to Pamoga LLC.
The pricing of Services is established solely under the discretion of Pamoga LLC, and varies based on Services offered. You acknowledge both this variation and that prior pricing of any Services offering does not guarantee the future pricing of that same offering nor that of other offerings no matter how similar. Pamoga LLC may change pricing for any Services or payment terms for any Services at any time, with any such change becoming effective upon your next Services purchase or fee payment. In the event that Pamoga LLC ceases operation for any cause, only license administrators will be entitled to a prorated refund of their current Site registation fee already paid, solely based on the remaining time until their next recurring Site registration period. No other refunds shall be issued for any reason.
8. Cancellation or Change of Registration Category
You may cancel your Individual or Site registration at any time. Upon cancellation, any Services made available to you as a result of that registration will no longer be offered. You remain subject to the Scope of Use and Restrictions for any and all previously obtained Services content.
If you are cancelling your individual registration from a Site registration, your License Pool license is automatically returned to your business. If you as a license administrator cancel a Site registration for your business, you automatically cancel all registrations for the persons registered from within its License Pool, and you relinquish the License Pool associated with that Site registration. Only the license administrator assigned by the business may cancel a Site registration for that business, and such a cancellation must be done in writing to Pamoga LLC to make such a cancellation effective.
You may change your registration category at any time. Paid Services content you previously obtained under an Individual registration may be available without additional cost to you under a Site registration. Paid Services content you previously obtained under a Site registration may be available upon payment by you of its then current cost under an Individual registration. In any case, availability of Services content is not guaranteed. A change of registration category submits you to the Scope of Use and Restrictions of your new registration category for both previously obtained and newly obtained Services content.
Any payments made under any registration category are not refundable nor proratable upon change to a different registration category or upon cancellation of registration.
9. Prevention of Unauthorized Use
You are responsible for taking reasonable measures to prevent unauthorized use of the Services and their content, and agree to promptly notify Pamoga LLC at firstname.lastname@example.org 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.
10. 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.
11. Confidential Information and User Submissions
Pamoga LLC does not want to receive confidential or proprietary information from you through its website or 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.
12. Third Party Relationships
Pamoga LLC and its Services may provide links or references to websites and resources that are not part of Pamoga LLC. Pamoga LLC makes no representations, warranties, or other commitments whatsoever about any such websites or resources that may be referenced, accessible from, or linked to any Pamoga LLC site or communications medium. A link to a non-Pamoga LLC website does not mean that Pamoga LLC endorses the content or use of such website 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 or use a link to such parties as a reference from Pamoga LLC or its Services. Accordingly, you acknowledge and agree that Pamoga LLC is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.
13. Linking to Pamoga LLC Web Sites
Pamoga LLC consents to your linking to its websites, provided that the link and the pages that are activated by the link do not (a) create frames around any Pamoga LLC website page or use other techniques that alter in any way the visual presentation or appearance of any content within those websites, (b) establish or otherwise create the impression of establishment 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 Pamoga LLC websites, you agree that Pamoga LLC may at any time, in its sole discretion, terminate your permission to link to its websites. In such event, you agree to immediately remove all links to such websites and to cease referencing any Pamoga LLC content. Elements of Pamoga LLC websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part.
14. No Unlawful or Prohibited Use
Services provided by Pamoga LLC may 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 facilities.
Pamoga LLC has no obligation to monitor these facilities, but reserves the right to review materials posted through the facilities, 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.
15. Failure to Comply
17. 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. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF PAMOGA LLC FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO A REIMBURSEMENT OF THE AMOUNT PAID BY YOU TO PAMOGA LLC FOR THE SERVICE DIRECTLY RELATED TO SUCH CAUSE OR CLAIM.
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.
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.
19. Entire Agreement