The Penoyer Communications Website (DBA Penoyer Communications), any coaching products, programs or services, and any other publications in printed or digital form and the Products and Services from time to time offered by Penoyer Communications (as defined below) are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Penoyer Communications Website and any such Products and Services constitutes your agreement to all such terms, conditions, and notices.
LINKS TO THIRD PARTY SITES
The Penoyer Communications Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Penoyer Communications and Penoyer Communications is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Penoyer Communications is not responsible for webcasting or any other form of transmission received from any Linked Site. Penoyer Communications is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Penoyer Communications of the website or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Penoyer Communications Website, you warrant to Penoyer Communications that you will not use the Penoyer Communications Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Penoyer Communications Website in any manner which could damage, disable, overburden, or impair the Penoyer Communications Website or interfere with any other party’s use and enjoyment of the Penoyer Communications Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Penoyer Communications Websites.
USE OF COMMUNICATION SERVICES
The Penoyer Communications Website may contain bulletin board services, blogs, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Penoyer Communications has no obligation to monitor the Communication Services. However, Penoyer Communications reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Penoyer Communications reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Penoyer Communications reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Penoyer Communications sole discretion.
As always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Penoyer Communications does not control or endorse the content, messages or information found in any Communication Service and, therefore, Penoyer Communications specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Penoyer Communications spokespersons, and their views do not necessarily reflect those of Penoyer Communications.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
ACCESS TO THIS WEBSITE
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEBSITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEBSITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEBSITE, NO INFORMATION OBTAINED BY THIS WEBSITE, FALLS WITHIN THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.
To access this website or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this website that all the information you provide on this site will be correct, current, and complete. If Penoyer Communications believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.
MATERIALS PROVIDED OR POSTED TO AT ANY PENOYER COMMUNICATIONS WEBSITE
Penoyer Communications does not claim ownership of the materials you provide to Penoyer Communications (including feedback and suggestions) or post, upload, input or submit to any Penoyer Communications Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Penoyer Communications, its affiliated companies, licensees and sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Penoyer Communications is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Penoyer Communications sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH PENOYER COMMUNICATIONS, INCLUDING WITHOUT LIMITATION, OR ANY OTHER PUBLICATION IN PRINTED OR DIGITAL FORM, ANY COACHING SERVICES, THIRD PARTY TOOLS AND THE Penoyer Communications WEBSITE (COLLECTIVELY “THE “PRODUCTS AND SERVICES”), MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, “BUGS”, FLAWS, FUNCTIONAL PROBLEMS, ERRORS OR MISTAKES. DELETIONS, CHANGES AND REVISIONS ARE PERIODICALLY MADE TO THE PRODUCTS AND SERVICES. PENOYER COMMUNICATIONS AND/OR ITS SUPPLIERS MAY MAKE DELETIONS, MODIFICATIONS, CHANGES OR IMPROVEMENTS IN THE PRODUCTS AND SERVICES AT ANY TIME, WITHOUT NOTICE. ADVICE RECEIVED VIA THE PRODUCTS AND SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
PENOYER COMMUNICATIONS AND ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, SUCCESSORS, ASSIGNS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE PRODUCTS AND SERVICES, INCLUDING THE PENOYER COMMUNICATIONS WEBSITE AND THIRD PARTY TOOLS, FOR ANY PURPOSE WHATSOEVER. ALL PRODUCTS AND SERVICES AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS, WHERE IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND. PENOYER COMMUNICATIONS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PRODUCTS AND SERVICES AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT: SUPPORT@ONLINEBUSINESSNETWORKER.COM
TERMINATION AND ACCESS RESTRICTION
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Penoyer Communications with respect to the Products and Services and the Penoyer Communications Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Penoyer Communications with respect to the Penoyer Communications Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Penoyer Communications Website are: Copyright © 2011 · by Penoyer Communications and Flyn Penoyer. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. LinkedIn® is a registered trademark of the LinkedIn Corporation. Penoyer Communications, its products and services are in no way affiliated with or endorsed by the LinkedIn Corporation
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
LIMITATION ON USE OF INFORMATION
You agree to use content or information obtained from the Products and Services and Penoyer Communications Website only for your own private use or the internal purposes of your home or business, provided that is not the selling or brokering of information, and you will in no event cause or permit to be published, printed, downloaded, transmitted, distributed, re-engineered, or reproduced in any form any part of such content or information (whether directly or in condensed, selective or tabulated form), whether for resale, republishing, posting on a website, redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for this purpose only. Nothing herein shall authorize you to create any database, digital copy, directory or hard copy publication of or from such content or information, whether for internal or external distribution or use.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from Penoyer Communications, and all information to which you have access through password-protected areas of the Penoyer Communications Website and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
Send a letter via snail mail to: P.O. Box 7487 San Jose, CA 95150-7487