Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Pentalogic, acceptance is expressly limited to these terms.
1. Your Reminder 365 Account
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Pentalogic of any unauthorized uses of your account or any other breaches of security. Pentalogic will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors
If you create (or allow any third party to create) an Alert on the Website, You are entirely responsible for the content of, and any harm resulting from, e-mails sent by that Alert (“E-mails”). By creating the alert, you represent and warrant that:
– E-mails do not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
– E-mails are not spam, and do not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
– E-mails do not contain pornographic content, do not contain threats or incite violence, and do not violate the privacy or publicity rights of any third party;
Without limiting any of those representations or warranties, Pentalogic has the right (though not the obligation) to, in Pentalogic’s sole discretion (i) refuse or remove any alerts or accounts that, in Pentalogic’s reasonable opinion, violate any Pentalogic policy or are in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Pentalogic’s sole discretion. Pentalogic will have no obligation to provide a refund of any amounts previously paid.
3. Payment and Renewal
Optional paid subscriptions are available on the Website (“Subscription”). By selecting a Subscription you agree to pay Pentalogic the monthly subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Subscription and will cover the use of that service for a monthly period. Subscription fees are not refundable.
Unless you notify Pentalogic before the end of the applicable subscription period that you want to cancel a Subscription, your Subscription will automatically renew and you authorize us to collect the then-applicable monthly subscription fee for such Subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time in the Subscription section of the Website.
Pentalogic reserves the right to display advertisements on E-mails unless you have purchased an Ad-free Subscription.
Pentalogic reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Pentalogic may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Pentalogic may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Reminder 365 account, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Disclaimer of Warranties
The Website is provided “as is”. Pentalogic and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pentalogic nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
8. Limitation of Liability
In no event will Pentalogic, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Pentalogic under this agreement during the twelve (12) month period prior to the cause of action. Pentalogic shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
9. General Representation and Warranty
You agree to indemnify and hold harmless Pentalogic, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Pentalogic and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pentalogic, or by the posting by Pentalogic of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pentalogic may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
12. Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
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