Acceptance of Terms of Use

This Pensante Incorporated ("Pensante") website ("Site") is provided to you subject to your compliance with the following Terms of Use ("TOU"). Pensante reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Legal stuff" hypertext link located at the bottom of our Web pages.

Description of Services

Through the Site, Pensante provides you with access to a variety of resources, (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new properties, are subject to the TOU.

Ownership of Content

The Services and the materials used and displayed on the Site, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos and trade-marks are the property of Pensante or its licensors and are protected by copyright, trade-mark and other laws. Any such content may be displayed solely for your personal, non-commercial use and you agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, license, broadcast or circulate any such Services or material without the prior written permission of Pensante.

Notice Specific to Documents Available on this Web Site.

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the pensante.com Web site or any other Pensante owned, operated, licensed or controlled site. Elements of Pensante Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Pensante Web site may be copied or retransmitted unless expressly permitted by Pensante.

Disclaimer

YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ANY SERVICE, DATA AND/OR INFORMATION ASSOCIATED WITH THE SITE, ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, AND Pensante AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Pensante BE LIABLE FOR ANY DIRECT, INDIRECT, GENERAL, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS (INCLUDING BUT NOT LIMITED TO CLAIMS FOR DAMAGES FOR LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITIES, DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, ERRORS, DEFECTS, DELAYS IN PREPARATIONS OR TRANSMISSIONS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, INCLUDING THE USE OR PERFORMANCE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Pensante AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Pensante IS NOT RESPONSIBLE OR LIABLE FOR THE SUITABILITY, ACCURACY, VALIDITY OR RELIABILITY OF THE SITE FOR ANY PURPOSE.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Pensante server, or the network(s) connected to any Pensante server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Pensante server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Links to Third Party Sites.

THERE MAY BE LINKS IN THIS SITE THAT WILL LET YOU LEAVE Pensante's SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Pensante AND Pensante IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES AND IF YOU CHOOSE TO ACCESS ANY SUCH SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. Pensante IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. Pensante IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Pensante OF THE SITE.

Unsolicited Idea Submission Policy

Pensante OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN Pensante PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO Pensante. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO Pensante OR ANYONE AT Pensante. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT Pensante MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

General Provisions

This TOU, including any documents referenced herein, constitutes the entire agreement between Pensante and you pertaining to the subject matter hereof and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Pensante with respect to this Site. A printed version of this TOU and of any notice given in electronic form shall be advisable in judicial or administrative proceedings based upon or relating to this TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Pensante's failure to insist upon or enforce strict performance of any provision of this TOU shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This TOU shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

The parties confirm that it is their wish that this TOU and any related documents be drawn up in the English language only. Les signataires confirment leur volonté que la présente convention, de même que tous les documents s'y rattachant, y compris tout avis, annexe et autorisation, soient rédigés en anglais seulement.

Copyright Notice

Copyright© 2005 Pensante Incorporated. All rights reserved.

Trademarks

Pensante Incorporated and any other companies referenced herein are either registered trade-marks or trade-marks of Pensante Incorporated in Canada, the U.S. and/or other countries. Any rights not expressly granted herein are reserved.

Send your questions to the appropriate contact as listed below: Pensante Web properties, contact info@pensante.com. For piracy questions and spam/privacy issues, contact info@pensante.com.