Last modified September 2020
These Terms govern your access to and use of PenChecks’ websites, platforms, portals and services (collectively “Sites”). By accessing, using or logging into the Sites, you agree to be bound by the Terms below. If you do not agree to the following Terms, do not access the Sites. By accessing the Sites, you accept and agree to be bound by the Terms, and you represent and warrant that you are of legal age to form a binding contract with PenChecks.
PenChecks may revise these Terms at any time without prior notice in our sole discretion. By accessing the Sites, you agree to be bound by any such revisions. Your use of the Sites is governed by the version of the Terms in effect on the date each Site is accessed by you. PenChecks offers many services. Your use of PenChecks services are provided by PenChecks pursuant to a separate manually or digitally executed agreement. If you use the services or log into the Sites, those additional terms become part of your agreement with PenChecks.
The Sites and their entire content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by PenChecks, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Accordingly, you may not copy, distribute, modify, post or frame-in the PenChecks Sites, including any information, name, text, graphic, image, video, audio, software code, user interface design, icons, products, programs, documents, materials or logos (collectively “Information”).
You are NOT being granted a license under any copyright, trademark, patent or other intellectual property right in the Information, and the Information may not otherwise be reproduced, displayed, downloaded, licensed, modified, re-posted, retransmitted, disseminated, sold, distributed, published, broadcast, circulated, used to create a derivative work or otherwise used for commercial purposes without the express written consent of PenChecks, Inc.
To use certain services or features on the Sites, you may be required to create an account and specify a password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your username, password, or other security information. You are solely responsible for maintaining the confidentiality and use of the password and should monitor your account diligently. You are solely responsible for all activities that occur in relation to your password. PenChecks shall not be under any duty to inquire as to the authority or propriety of instructions given to PenChecks by you or via your password. PenChecks shall be authorized to act upon any such instructions. PenChecks will not be liable for any loss, cost, expense or other liability arising out of any such instructions.
Contact PenChecks immediately if you suspect any unauthorized activity, disclosure, loss, theft or unauthorized use of your password. You agree to cooperate with PenChecks in any investigation and agree to take actions to protect your account from fraudulent activity. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
PenChecks has the right to disable any username, password, or other identifier, whether chosen by you or provided by PenChecks, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Documents specified above do not include the design or layout of the PenChecks Sites or any other PenChecks, Inc. owned, operated, licensed or controlled sites or Information. Elements of PenChecks Sites are protected by trademark and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image may be copied or retransmitted unless expressly permitted by PenChecks.
PENCHECKS DOES NOT WARRANT THAT THE PENCHECKS SITES, DOCUMENTS OR THIRD PARTY CONTENT WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. PENCHECKS ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE PENCHECKS SITES OE DOCUMENTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, DOCUMENT OR OTHER MATERIAL BY YOU THROUGH THE PENCHECKS SITES WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, PENCHECKS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
TO THE FULLEST EXTENT PERMITTED BY LAW, PENCHECKS AND THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS, EXPENSES, LEGAL FEES, OR LOSSES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST INCOME, LOST DATA, OPPORTUNITY COSTS OR DAMAGE THAT RESULT FROM USE, LOSS OF USE, OR PERFORMANCE OF THE PENCHECKS SITES, DOCUMENTS AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY. THIS IS TRUE EVEN IF PENCHECKS AND THIRD PARTY CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
PENCHECKS SHALL NOT BE LIABLE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH PENCHECKS DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.