Last Updated October 3, 2011
By using this site and any accompanying PN, LLC Services (hereinafter simply referred to as "PN"), you agree to be bound by the following terms and conditions (the "Terms of Service").
The Terms of Service covers the following Web sites:
Content Linked to by PN
The sites linked to PN are developed by people over whom PN exercises no control. These sites may send their own cookies to users, collect data, or solicit personal information. We cannot guarantee that a PN link will not locate unintended or objectionable content and assume no responsibility for the content of any site linked to PN. We recommend that you review the policies of any such linked sites prior to using them and contact the administrative personnel of such sites with any questions.
Changes In Terms and Conditions
We may modify or terminate our services from time to time, for any reason, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Disclaimer of Warranties
PN disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed. PN disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. PN disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through PN.
In no way shall PN be considered or deemed to be considered the rendering of tax, accounting, or legal advice.
PN, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN PN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. PN AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PN AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF PN. PN AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH PN. PN AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON PN OR RECEIVED THROUGH ANY LINKS PROVIDED BY PN, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN PN.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF PN AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PN OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON PN ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PN OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PN, FROM INABILITY TO USE PN, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PN (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON PN OR RECEIVED THROUGH ANY LINKS PROVIDED IN PN, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON PN OR RECEIVED THROUGH ANY LINKS PROVIDED IN PN. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF PN OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, PN. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THE AGREEMENT, PN'S TOTAL LIABILITY ARISING FROM OR IN RELATION TO PN SHALL BE LIMITED TO THE TOTAL PAYMENTS MADE BY YOU TO PN WITHIN THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE INCIDENT WHICH GAVE RISE TO SUCH LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY CONSIDERED THE ALLOCATION OF RISK CONTAINED IN THE TERMS OF SERVICE AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PN.
Without limiting the foregoing, under no circumstances shall PN or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Requests for Removal of Links
PN occasionally receives requests from people to remove links. PN reserves the right to address such requests individually, and disclaims any responsibility to act on such requests.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by PN.