Last Updated: May 27, 2020
that govern use of the Site.
1. Access to the Site.
We grant you a limited right to access and make informational, personal, non-commercial use of the Site and Content (defined below). It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the Content of the Site including the text, images, audio and/or video for public or commercial purposes without prior express written permission from an authorized representative of Pahnke.
2. Content on the Site.
(a) The Site may contain information, data, software, images, photographs, videos, recordings, and other material (collectively “Content”). Content is protected by trademarks, copyright, patents, logos, domain names and other related intellectual property or other proprietary rights or other features of our brand or our clients’ brand(s); these rights belong exclusively to us, our clients, or our licensors, and are valid and protected in all forms, media and technologies existing now or hereinafter developed. Your use of our Site
does not grant you any rights in our and/or our licensors’ intellectual property whether for commercial or non-commercial use. By using the Site, you agree not to copy, distribute, modify or make derivative works of, participate in the transfer or sale, lease or rental of, or in any way otherwise exploit any materials on the Site without the prior written consent of the owner of such materials.
(b) Furthermore, the Site and all Content is copyrighted as a collective work under the U.S. and international copyright laws, and Pahnke (its vendor(s) or licensor(s)) owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Content.
(c) Except as expressly authorized or licensed, you may not copy, modify, delete, publish, transmit, create derivative works from or in any way exploit any of the Content, in whole or in part. The software, applications, algorithms and technology used to provide the Site and functionality, including the Program, remain the exclusive property of Pahnke and its vendors and licensors, as does all Content transmitted through the site.
Any personal information you provide via the Site may be used consistent with the Site’s
Pahnke does not accept unsolicited ideas, concepts or techniques for new services or
products through the Site, including (without limitation) any suggestions about advertising or promotions,or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. You understand and acknowledge that any communication or material you transmit to the Site, such as questions, comments, ideas, feedback, materials, suggestions or the like (collectively “Submissions”), will be treated as non-confidential and nonproprietary and may be used by Pahnke for any purpose without notice to you and
without any further consent by you. We will be under no obligation whatsoever to use, respond to, pay any compensation with respect to, or provide attribution in connection with any Submission, nor do we assume any obligation, expressed or implied, by considering it. You further understand and acknowledge that the act of providing any Submission constitutes an assignment to Pahnke of all worldwide right, title and interest, including copyright and other intellectual property rights, in the Submission, and that -without limiting the foregoing – to the extent any such assignment is deemed unenforceable, and or to the extent necessary for us to utilize your submission, through the act of providing any Submission, you grant to us an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you. Further,
by providing any Submission, you represent and warrant that you own or otherwise control all of the rights to that Submission including, without limitation, all the rights necessary for you to provide that Submission and for Pahnke to use, copy, reproduce, modify, create derivative works from, transfer, distribute, perform, publish, license or sell that Submission.
5. Restrictions on Use.
that you are responsible for your use of and communications made via the Site. You are prohibited from using the Site or any of its Content:
(a) to submit, post, or transmit any infringing, threatening, false, misleading, libelous, defamatory, obscene, inflammatory, dangerous, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
(b) for any activities which breach any laws, rules, or regulations or infringe any third party right;
(c) to remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices of ours or any third party, or to make any unauthorized copies or uses of Content including (without limitation) by “scraping” Content;
(e) in any manner which could damage or disparage Pahnke or any third party, including reputational damage;
(f) to decompile, reverse engineer, disassemble, copy or adapt any software or other code or scripts forming part of the Website or any Content;
(g) in any manner that that could interfere with its normal operation or disrupt, interfere with, restrict, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site;
(h) to transmit any viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful through our Website;
(i) to solicit, obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site; or
(j) to engage any unauthorized access to the Site or its Content.
Tampering with the Site, misrepresenting the identity of a user or any other person, or conducting fraudulent activities on the Site are strictly prohibited. Pahnke will fully cooperate with any law enforcement authorities or any court order requesting or directing Pahnke to disclose the identity of anyone posting or transmitting any such information or materials.
6. General Audience Site.
The Site is a general audience site not intended for use by persons under 18 years of age. If you are under the age of 18, you may not use the Site or other services, or contribute any information to us.
8. Links to Third Party Websites.
The Site may contain hypertext links to sites owned or operated by,
parties other than Pahnke (“Linked Sites”). Linked Sites are provided for your convenience only. Pahnke makes no representations whatsoever about any other web site which you may access through the Site.
When you leave the Site, please understand that Pahnke has no control over the content on that Linked Site. In addition, a link to a non–Pahnke web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such Linked Site. Pahnke makes no representation or warranty as to any third–party products or services. No rights to use or copy the information on this or the third–party site are granted or implied. Furthermore, Pahnke makes no representation or warranty about the security of any third-party site. Pahnke encourages its users to
remain vigilant of security risks at all times, including on this Site, on Linked Sites, and when browsing the internet generally.
9. Linking to the Site.
Linking to any page of the Site other than to https://pahnke.us through a plain
text link is strictly prohibited in the absence of the written consent of Pahnke. Any web site or other device that links to the Site is prohibited from (a) replicating Content, (b) framing or using border around the Content, (c) implying in any fashion that Pahnke is associated with that web site or is endorsing that web site or its products, (d) misrepresenting any state of facts, including its relationship with Pahnke, and
(f) using any logo or trademark of Pahnke without express written permission from Pahnke.
10. Disclaimer of Warranties.
THE SITE AND ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND PAHNKE, AND ITS AFFILIATES, SUBSIDIARIES, DESIGNEES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD–PARTY PROVIDERS, CONTRACTORS, DISTRIBUTORS, LICENSORS AND THE LIKE TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES.
Without limiting the foregoing, we neither warrant nor represent that (i) your use of the Site or any Content will not infringe the rights of any third parties; (ii) the Content will be accurate, reliable, complete or up-to-date; (iii) Content provided on the Site is applicable to, or appropriate for use in, any particular location; (iv) the Site and/or your access to it will be uninterrupted, timely, secure, or error free; (v) information contained on Linked Sites will be accurate reliable, complete, or up-to-date; (vi) the Site and Content are free from viruses or other harmful components; (vii) any errors in the Site
will be corrected, or (viii) you will be satisfied with any products or services that you purchase in connection with your use of this Site or any Linked Sites, or that are referenced in any Content that may be on the Site. We assume no responsibility or liability arising from any material, information, products or services that may be provided by any third party. Any material accessed, downloaded, or otherwise obtained through the Site is provided at your own risk, and you are solely responsible for any damage to your computer system or loss of data that results from your use of the Site, including (without limitation) damages resulting from computer viruses or other harmful code. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
11. Exclusion of Liability.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. IN NO EVENT WILL PAHNKE OR ANY AFFILIATES OR SERVICE PROVIDERS BE RESPONSIBLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS SITE OR ANY CONTENT, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK ON THIS SITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, DAMAGE TO YOUR COMPUTER SYSTEM, OTHER DEVICES, LOSS OF DATA OR LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF PAHNKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
12. Indemnification by You.
You agree to indemnify, defend and hold harmless Pahnke and its affiliates
13. Binding Arbitration of All Disputes; No Class Relief.
With the exception of disputes brought by
entitlement to class relief. The arbitrator(s) shall follow Illinois substantive law in adjudicating the dispute, except that this Section shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section satisfies the “writing” requirement of the FAA. Unless otherwise agreed between you and Pahnke pursuant to
applicable AAA procedural rules, the hearing shall be conducted in Cook County, Illinois.
AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ONLY ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
14. Termination/Access Restriction.
We reserve the right, in our sole discretion, to terminate or refuse your access to any or all of the Site and/or Content and any related services, without notice and for any reason. We also reserve the right to modify, terminate or withdraw the Site or any Content on the Site at any time without notice.
15. Governing Law.
17. How to Contact Us.