Last Updated: August 23, 2018
If you become a Registrant, you will receive a password and account designation upon completion of the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Pentek of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these terms.
Recognizing the global nature of the Internet, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
For your convenience, we may provide links on our Website to certain third-party websites or referrals to certain third-parties' products or services (collectively, "Third Party Material"). We have no control over or responsibility for such Third Party Material. If you choose to visit a third party's website, or use its products or services, please be aware that we will not be liable for any loss or damage arising from your access to or use of such Third Party Material.
This Website contains documentation and information related to products and services of Pentek, and other information, software, photos, figures, drawings, scripting, text, video, graphics, music, sounds, images, materials and content ("Content"). There may be information on this Website that is outdated, contains typographical errors, inaccuracies or omissions. Pentek assumes no obligation to correct any errors contained on the Website, including the Content and any services made available via the Website, including technical support. Pentek makes no commitment to update the Content. You agree that your access, use, or reliance on this Website (including any Content) is solely at your own risk.
Pentek reserves the right to change these Terms at its sole discretion periodically. We will provide notice on the home page of our Website in the event of such a change. Your continued use of the Website after posting of such notice constitutes your binding acceptance of the updated version of the Terms. If you do not agree to any updated version, you must immediately discontinue your use of the Website.
Pentek hereby grants you limited permission for the purposes of viewing the content available on the Website or for obtaining the services or products we provide, subject to the terms of such services and products. For the avoidance of doubt, Pentek is not giving you any rights or license with respect to any aspect of the Website, all rights being held by Pentek, unless otherwise expressly stated by Pentek to the contrary in connection with a specifically identified portion function of the Website. In the event of any ambiguity, ownership and all associated rights shall rest with Pentek.
Pentek reserves the right, in its sole and absolute discretion, to block and/or refuse to allow use of the Website by one or more users, including you, at any time and for any reason. Without limiting the foregoing, Pentek specifically prohibits the use of the Website for any purpose deemed improper by Pentek. Improper uses include but shall not be limited to: (i) copying, distributing or modifying any part of the Website without Pentek's prior written authorization; (ii) use of the Website to transmit or attempt to transmit advertisements without Pentek's prior written authorization; (iii) use of the Website to transmit or attempt to transmit spam, chain letters, harassing, libelous or defamatory statements, or any unlawful content or material; (iv) use or attempted use of the Website to transmit software viruses, spyware, or any other computer code, files or programs which is harmful or otherwise unwanted by Pentek or other users; (v) disruption of servers or networks connected to the Website; and (vi) of use that is not in compliance with these terms.
Without limitations as to other restrictions identified herein, you shall not upload to, distribute through or otherwise publish through the Website any content which is obscene, threatening, invasive of privacy or publicity rights, harmful of minors in any way, abusive, or contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or that you do not have a right to make available under contractual or fiduciary relationships. You shall not act in a manner that negatively affects other users' ability to interact with the Website.
Pentek may modify or discontinue the Website or any part thereof without notice to you, and you understand that Pentek shall not be liable for any modification, suspension, or discontinuance of the Website or any part thereof.
Except as otherwise provided herein, all intellectual and/or other proprietary rights, including but not limited to all trademarks, copyright and other material, in or disclosed on, or accessible through, the Website is, as between you and Pentek, owned by Pentek. Any copying of such content other than for your own personal, non-commercial use, non-public use, without written permission from Pentek, is strictly prohibited.
Onyx, GateXpress, Bandit, Flexor, Cobalt, QuickPac, SPARK, COTSware, FlexorSet, ReadyFlow, Talon, GateFlow, SystemFlow, Pentek, Setting the Standard for Digital Signal Processing, Jade, Navigator, Architek, Quartz, QuartzXM, VIM, SwiftTools, SwiftNet, RTS and Sentinel are trademarks or registered trademarks of Pentek, Inc. Other trademarks are properties of their respective owners.
Pentek respects the intellectual property rights of others. It is our strict policy to never knowingly work in association with any infringing entity's unlawful use of a lawful trademark or lawful copyright.
Any notices of believed infringement may be sent to Pentek at email@example.com. In accordance with 17 U.S.C. § 512, the notice must identify:
You agree not to use or launch any automated access system to use the Website, including without limitation, "robots," "spiders," and "offline readers." Pentek prohibits commercial caching or archival of the Website or any portion thereof. You agree not to collect or harvest any personally identifiable information account names or e-mail addresses from the Website, and further agree not to use the communication systems provided by the Website for any commercial solicitation purposes, whether directed broadly or to any specific user. For the avoidance of doubt, Pentek has the right to terminate your account with or any other access to the Website, in its sole and absolute discretion, immediately and with or without cause.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PENTEK (OR ANY OF PENTEK'S PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND/OR AGENTS) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL OR OTHERWISE, RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER; (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT; AND/OR (VI) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES WAS KNOWN OR REASONABLY FORESEEABLE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
These Terms are assignable and transferable, along with all rights you have granted to Pentek hereby, by Pentek without restriction. You have no rights assignable under these Terms or in connection with your use of the Website, but to the extent it were to be interpreted by law otherwise, and further with respect to your obligations herein, you may not assign or transfer any of the foregoing without Pentek's prior written consent.
YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND ANY INFORMATION CONTAINED THEREON IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, PENTEK DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER PENTEK NOR ANY OF ITS AFFILIATES, NOR ANY OF ITS/THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SITE, OR ANY INFORMATION CONTAINED THEREIN, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SITE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS IN THE SITE OR INFORMATION WILL BE CORRECTED, OR THAT THE SITE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SITE; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (vi) THAT THE SOFTWARE BEHIND THE SITE IS NON-INFRINGING.
PENTEK AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE PENTEK AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH YOUR USE OF THIS SITE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF PENTEK OR ITS AFFILIATES.
YOU ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION.
THE FOREGOING DISCLAIMER DOES NOT APPLY TO OUR PRODUCTS OR PAID SERVICES, WHICH ARE GOVERNED BY THE TERMS PROVIDED IN CONNECTION WITH SAME.
SOME JURISDICTIONS MAY LIMIT TO EXTENT TO WHICH WARRANTIES MAY BE DISCLAIMED OR MAY OTHERWISE LIMIT ENFORCEMENT OF THESE TERMS AND TO SUCH EXTENT, AND ONLY TO SUCH EXTENT, THE PROHIBITED PROVISIONS SHALL BE DEEMED REMOVED AND THE REMAINING PROVISIONS ENFORCEABLE.
These terms and your use of the website will be governed by the law of the state of New Jersey. Any claims arising from your use of the website or these terms shall be subject to the exclusive jurisdiction of the federal or state courts, as applicable, in the State of New Jersey, Bergen County.
What Personal Information We Collect
By "Personal Information", we mean information that can be used to identify a specific individual. This may include "cookies", which are collected through our "Tracking Technologies" described below.
Other Personal Information is what you provide to us when registering for a service or purchasing a product.
We collect your Personal Information including, but not limited to, the following types:
How We Use Personal Information
Cookie data use is addressed below under "Tracking Technologies".
We will use your Personal Information to enable us to provide the service or product indicated when you provided the information. We may also use your Personal Information to identify you when you visit our Website, to improve the operation and usefulness of our Website, to enable us to improve our services and products, and comply with applicable laws and law enforcement.
We also use your Personal Information for the purposes described below:
Registrants have the opportunity at any time to remove themselves from Pentek's communications by responding to the opt-out information provided on our Website and email broadcasts and/or calling 201-818-5900 and asking for Rodger Hosking.
Sharing of Personal Information
Pentek provides your Personal Information to its representatives who sell or distribute our products, or who provide services that enable us to provide our services or products (collectively, "Agents"). These Agents are both Pentek internal personnel and third parties.
Your Personal Information will be shared with Agents that help us deliver, improve, support, and market our products and services. For example, we share information with shipping providers and authorized distributors and sales representatives.
Personal information collected via the Website may be stored and processed in the United States and/or any other country in which Pentek or its Agents maintain facilities, and by using the Website, you consent to any such transfer of information into and out of your country, state, and/or territory.
How We Protect Personal Information
Pentek employs standard commercial procedural and technological measures reasonably designed to protect your Personal Information under our control from loss or unauthorized access, disclosure, alteration, or destruction. Pentek stores your personal information on secure computers located in a controlled access data center, to which only a small number of Pentek employees involved in the management of the data center have physical access. Where reasonably practical, Pentek uses encryption, firewalls, and other security technology to help prevent unauthorized access to your Personal Information.
We follow generally accepted standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security and will not be liable for security breaches. By providing your Personal Information, you understand and agree to accept this risk.
Access To Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
You may visit the Website without registering or actively submitting data to us. If you do not register, then we receive only information that your computer or other device sends to us in connection with access requests and via cookies and other technologies that we use to analyze and enhance your use of our Website, described further under "Tracking Technologies".
We and our Agents use technologies such as cookies, beacons, tags, and scripts, to analyze trends, administer the Website, track users' movements around the Website, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.
Pentek employs a number of tracking technologies on its Website in order to improve our Website, products and services. Currently we use Google Analytics and Site Search 360. More information about these services may be located here: https://analytics.google.com/; https://sitesearch360.com. Users are hereby notified that they may be tracked using cookies, java scripts, or other technology means. Any information we collect from these tracking technologies is used to improve our Website, products, services, and analyze and enhance your use of our Website.
We will retain your information for so long as your account is active. We can deactivate your account upon your request. We may also deactivate your account after an extended period of non-use or cessation of the service applicable to your account. You may request that we delete your Personal Information and after such request, or after deactivation, we will retain and use your Personal Information only as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Contact For Any Privacy Or Data Concerns
One Park Way
Upper Saddle River, NJ 07458
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