Terms of Use
Penta Website Terms of Use
Welcome to the Penta (“Penta” “us” “we” “our”) websites. These Terms of Use (“Terms”), set forth the terms and conditions for your use of the websites under the pentagroup.co domain (the “Websites”).
Please read these Terms carefully. By using the Websites, you agree to be bound by and comply with these Terms, which may be updated from time to time without notice to you. If you do not consent to these Terms, please do not use the Websites.
About Penta
Penta is a comprehensive stakeholder solutions firm. We combine analytics and research with deep expertise to provide data-driven solutions and actionable insights to help clients better understand and respond to their stakeholders.
Privacy and other terms
These Terms incorporate by reference Penta’s Privacy Policy. Please read the Privacy Policy and these Terms of Use carefully as you agree to these terms when you use the Websites.
Website Content
All of the content featured or displayed on the Website (“Content”) is protected by copyright law and owned by Penta, its licensors and/or its Content providers.
Unless otherwise specified with respect to certain Content, you may only reproduce Content for personal and non-commercial purposes, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Otherwise, you may not use any of the Content without prior written authorization from Penta. To request such permission, please contact info@pentagroup.co.
You may print off one copy, and may download extracts, of any page(s) from the Websites for your personal use and you may draw the attention of others within your organization to Content posted on the Websites.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of Content on the Websites must always be acknowledged (except where the Content is user-generated).
You must not use any part of the Content on the Websites for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy, download, share or repost any part of the Websites in breach of these Terms, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You shall not conduct, facilitate, authorize or permit any text or data mining or web scraping in relation to the Websites or any services provided via, or in relation to, the Websites. This includes using (or permitting, authorizing or attempting the use of):
- Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Websites or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
The Content is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on the Websites, we make no representations, warranties or guarantees, whether express or implied, that the content on the Websites is accurate, complete or up to date.
Trademarks
Penta Group, Penta Europe, the Penta logo and other trademarks used on the Websites are trademarks owned by Penta or its licensors (“Our Trademarks”). You may not use Our Trademarks without prior written authorization from us or our licensors, as applicable. Additionally, you may not use Our Trademarks (A) in connection with any product or service that does not belong to us; (B) in any manner that is likely to cause confusion about whether we are the source, sponsor, or endorser of a product, service, or activity; or (C) in any manner that may damage our reputation.
Release
You irrevocably release (on behalf of yourself and your successors, assigns, heirs, family members and executors) Penta (and its directors, officers, employees, representatives, agents, affiliates and partners) from any claim of any nature that you have or may ever have (based on any cause of action, including rights of publicity or privacy, trademark or service mark, copyright, “moral rights,” false light, libel, defamation, false advertising, or intentional or negligent infliction of emotional distress) arising out of your use of the Websites or our use of any User Content. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you reside in any other jurisdiction that places similar restrictions on a general release, you waive such restrictions to the maximum extent permissible under the applicable law.
User Conduct
If the functionality is available on the Websites, some User Content to the Websites may be in the form of messages, comments, questions or answers related to Content on the Websites’ discussion forums or in direct messages to other Registered Users. We value a diversity of viewpoints and expect Registered Users of the Websites to exhibit the same respect and civility for others and to practice discretion on the Websites.
Accordingly, you may not submit User Content to the Websites (or use the Services in a manner) (A) that is unlawful, tortious, defamatory, vulgar, explicitly sexual, obscene or libelous, or that is threatening, intimidating, hostile, harassing, abusive on the basis of personal beliefs or any other characteristics, or otherwise objectionable or inappropriate; (B) that you do not have the right to submit or that violates another party’s right or any law or regulation; (C) send any unauthorized, unsolicited, junk, spam, or bulk email, or any advertising or other form of communication that violates these Terms or any law or regulation; or (D) submit or otherwise make available on the Websites any User Content or other material that contains any computer code, file, or program designed to interrupt, corrupt, destroy, or otherwise interfere with or limit the functionality of any software, hardware, or equipment, make any unauthorized transmission, or cause any other effect that might reasonably be considered undesirable. We reserve the right to terminate the account of any User who violates this User Conduct Policy or any other aspect of these Terms.
Links to Third-Party Websites
The Websites may contain links to web sites controlled by third parties (“Third-Party Websites”). We are not responsible for Third-Party Websites or their content, activities or privacy practices. Any information you share or actions you take on Third-Party Websites are governed by those sites’ terms of use and privacy statements, which you should review carefully to learn about their practices. The inclusion of links on our Websites does not imply our endorsement of Third-Party Websites, their content, or any associated organization or activity. We make no representation or warranty whatsoever about the nature of Third-Party Websites and if you decide to access any other websites linked to or from the Websites, you do so entirely at your own risk.
Frames; Metatags; Links to the Websites
Unless you obtain our prior written consent in each case, you may not: (A) frame any Content on any other website; or (B) use metatags or any other “hidden text” that incorporates Our Trademarks, marks confusingly similar to Our Trademarks, or our name.
No responsibility for viruses and bugs
We do not guarantee that the Websites will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access the Websites. You should use your own virus protection software.
You must not misuse the Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Websites, the server on which the Websites is stored or any server, computer or database connected to the Websites. You must not attack the Websites via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Websites will cease immediately.
Linking to the Websites
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Websites from any website that is not owned by you.
The Websites must not be framed on any other site, nor may you create a link to any part of the Websites other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on the Websites other than that set out above, please contact info@pentagroup.co.
Disclaimers
THE WEBSITES AND ALL SERVICES, CONTENT AND LINKS AVAILABLE THROUGH IT ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THAT THE WEBSITES OR ANY OF THE SERVICES, CONTENT AND LINKS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN CONTENT OR SERVICES AVAILABLE THROUGH THE WEBSITES. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY CONTENT OR SERVICES AVAILABLE THROUGH THE WEBSITES OR CONTENT OR SERVICES AVAILABLE THROUGH LINKS TO THIRD-PARTY WEB SITES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE WEBSITES, ITS CONTENT AND OUR SERVICES. IF YOU RELY ON THE WEBSITES AND ANY CONTENT OR SERVICES AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEBSITES AND ANY CONTENT, INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO THE WEBSITES, WE DO NOT GUARANTEE OR WARRANT THAT THE WEBSITES, OR SERVICES OR CONTENT THAT MAY BE AVAILABLE THROUGH THE WEBSITES, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
Limitation of Liability
PENTA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE WEBSITES OR ANY SERVICES OR CONTENT AVAILABLE THROUGH IT INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.
UNDER NO CIRCUMSTANCES WILL PENTA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITES OR SERVICES AVAILABLE THROUGH THE WEBSITES OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY USE OF, OR INABILITY TO USE, THE WEBSITES, SERVICES, OR CONTENT IS LIMITED TO $25. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, hold harmless and defend (only if requested) Penta and its directors, officers, employees, agents, representatives and affiliates against all liabilities, losses, damages and costs (including reasonable attorneys’ fees) that the indemnified parties may incur based on claims arising out of your use of the Websites, our Content, or your violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with cooperation we may reasonably request.
Changes to the Terms
We may change these Terms from time to time by posting an updated version on this web page, or, if we determine that it is appropriate, we may provide other notice to you. We recommend checking back on this web page regularly if you use the Websites.
Suspension or withdrawal of the Website(s)
The Websites are made available free of charge.
We do not guarantee that the Websites, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Websites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access the Websites through your internet connection are aware of these Terms and other applicable terms and conditions and that they comply with them.
Termination
We reserve the right to discontinue any Services or products offered through the Websites at any time without notice, for any reason. The “User Content,” “Releases,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination of these Terms.
General
These Terms (which includes the Privacy Policy) are the complete agreement between you and Penta regarding your use of the Websites and is governed by applicable federal laws and the laws of the State of Delaware, USA, applicable to agreements made and completely performed there. You irrevocably agree to bring any claim or dispute relating to your use of the Websites and these Terms exclusively in the state and federal courts located in Delaware, to submit to the exclusive jurisdiction of those courts and to waive any jurisdictional, venue, inconvenient forum or other objections to those courts. Section titles and headings are for convenience only and have no legal or contractual effect. The failure of Penta to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law.
Questions
Please email info@pentagroup.co or contact us through the information below with any questions you may have about these Terms.
Penta Group, LLC
805 15th Street NW, Suite 200
Washington, DC 20005
202-822-1205