Terms of Use
Welcome to Penncat Corporation (“Company,” “we,” “our,” or “us”). by accessing or using our website you agree to comply with and be bound by the following terms and conditions of use. If you do not agree to these terms, please do not use our website.
A. USE OF THIS WEB SITE
Penncat Corporation authorizes you to view and download information from this web site only in compliance with these terms of use. You must retain all copyright, trademark and other proprietary notices present in the original information on this site and on any copies of such information. You may not modify any information obtained from this web site in any way or reproduce or publicly display, transmit or distribute or otherwise use such information for any commercial purpose without the express written permission of Penncat Corporation. Any use of the information on this web site on any other web site or networked computer environment for any purpose is prohibited without the express written permission of Penncat Corporation. This Web Site is designed to provide accurate and useful information with regard to the subject matter covered at the time the data is loaded. Changes may occur in the information presented and therefore, Penncat Corporation makes no representation or warranty, express or implied, that the information contained in this web site is complete, accurate or uninterrupted and shall not be responsible for any errors or omissions. Penncat Corporation reserves the right to make changes without notice.
B. DISCLAIMER OF WARRANTY
PENNCAT CORPORATION MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION PUBLISHED ON THIS WEB SITE FOR ANY PURPOSE. ALL INFORMATION (INCLUDING ANY SOFTWARE) IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TAYLOR POWER SYSTEMS, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION DISPLAYED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL PENNCAT CORPORATION BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE. THE INFORMATION ON THIS WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE USER AGREES THAT USE OF THE WEB SITE IS AT THE USER’S SOLE RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MATERIAL POSTED ON THE WEB SITE.
C. INTELLECTUAL PROPERTY
Everything you see or read on the Site shall be considered Penncat Corporation’s intellectual property and is protected unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the express written permission of Penncat. The Penncat names, logos and all related product names, service names, design marks and slogans displayed on the Site are trademarks, service marks or other intellectual property of Penncat and may not be used in any manner without the express written consent of Penncat. Nothing on the Site shall be construed as granting, by implication, or otherwise, any license or right to use any intellectual property at the Site. Any failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control.
D. FORWARD-LOOKING AND CAUTIONARY STATEMENTS
This website may contain certain “forward-looking statements” and “forward-looking information” under applicable securities laws. Except for statements of historical fact, certain information contained herein may constitute forward-looking statements. Forward-looking statements are frequently characterized by words such as “plan”, “expect”, “project”, “intend”, “believe”, “anticipate”, “estimate”, and other similar words, or statements that certain events or conditions “may” or “will” occur. Forward looking information may include, but is not limited to, statements with respect to the future financial or operating performances of the Corporation and its subsidiaries. Forward-looking statements are based on the opinions and estimates of management at the date the statements are made, and are based on a number of assumptions and subject to a variety of risks and uncertainties and other factors that could cause actual events or results to differ materially from those projected in the forward-looking statements. Many of these assumptions are based on factors and events that are not within the control of the Corporation and there is no assurance they will prove to be correct. Although the Corporation has attempted to identify important factors that could cause actual actions, events or results to differ materially from those described in forward-looking statements, there may be other factors that cause actions, events or results not to be anticipated, estimated or intended. There can be no assurance that forward-looking statements will prove to be accurate, as actual results and future events could differ materially from those anticipated in such statements. The Corporation undertakes no obligation to update forward-looking statements if circumstances or management’s estimates or opinions should change except as required by applicable securities laws. The reader is cautioned not to place undue reliance on forward-looking statements. Rather, we direct the reader’s attention to the “SEC Filings” link under “Investor Relations” on this Site for copies of our most recent filings with the U.S. Securities and Exchange Commission.
E. LINKS
Penncat Corporation may provide links to other websites on the World Wide Web, which let the User leave Penncat Corporation’s site. The linked sites are not under the control of Penncat Corporation and the User acknowledges and agrees that Penncat Corporation is not responsible for the availability, accuracy, relevance, timeliness or completeness of such external sites. Penncat Corporation does not endorse and is not liable for any content, advertising, products or other materials on or available on such third party sites. Penncat Corporation expressly disclaims any responsibility to filter any such content. The inclusion of links to other items or places does not reflect either the value of the information contained in such a link or its accuracy, and Penncat Corporation does not endorse any views expressed or products or services offered at a linked location.
F. LINKING TO THIS SITE
All links to this Site must be approved in writing by Penncat Corporation. Penncat Corporation consents to a link to this Site only if the link and its associated pages do not (a) misrepresent your relationship with Penncat Corporation; (b) imply that Penncat Corporation approves or endorses your Website, or your service or product offerings; and (c) present false or misleading impressions about Penncat Corporation or otherwise damage the goodwill associated with the Penncat Corporation name or trademarks.
G. INTERACTIVE USAGE
Any information provided to Penncat Corporation or posted on the Website shall be provided and received by Penncat Corporation on a non-confidential basis. Penncat Corporation shall be free to use such information on an unrestricted basis. Any unauthorized or inappropriate material, as determined by Penncat Corporation, is subject to removal by Penncat Corporation. No solicitations may be placed on Pencat Corporation’s Website without the approval of Taylor Power Systems, Inc. No person accessing the Website may place or create any offensive or disruptive materials. No user shall post any information, which infringes on the intellectual property rights of a third party. In the event of such infringement, User shall be liable for all damages associated with or arising out of such infringement or arising from User’s violation of these terms and conditions and shall defend and indemnify Penncat Corporation from the same. Penncat Corporation reserves the right to discontinue user’s access to the Website, or to discontinue or change the Website at Penncat Coporation’s sole discretion. User shall be responsible for appropriately safeguarding passwords issued to User to access the Website and shall be responsible for all damages associated with unauthorized use of a password issued to user by Penncat Corporation and shall defend and indemnify Penncat Corporation from any costs or claims resulting from such unauthorized use. In the event a User places an order with Penncat Corporation through or using Penncat Corporation’s Website, the User agrees that any order so placed shall be the same as a signed writing, created in the ordinary course of the sending party’s business, at or near the time of the events recorded and transmitted by a person with knowledge of the events. When the order is printed from electronic records, such an order shall be considered an original Document. The party placing the order shall not contest the validity of the Document on the grounds that it fails to meet the common law statute of frauds or the statute of frauds found in Section 2-201 of the Uniform Commercial Code, or other applicable law or statute, that it fails to meet the business records exception to the hearsay rule or that it fails the best evidence rule because it is not an original document. When an order is transmitted by use of the Website by a User pursuant to a previously assigned User ID and Password, Penncat Corporation is authorized by the User to ship products and invoice the User in accordance with the terms and conditions, including but not limited to price, shipment instructions, etc., previously established by User and Penncat Corporation.
H. E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
I. REVISIONS
Penncat Corporation maintains the Site for your information, education and evaluation of Penncat Corporation products or services. The content of the Site may contain inadvertent inaccuracies, omissions and typographical errors. Penncat Corporation makes no warranties or representations about the accuracy or completeness of the Site content. Penncat Corporation reserves the right to improve, revise and correct the Site, in whole or in part, at any time without notice. Penncat Corporation expressly disclaims all liability for the use or interpretation by others of information contained in the Site. Any user who utilizes, or makes decisions based on information contained in the Site does so at their own risk. In exchange for using the Site, the visitor agrees to hold Penncat Corporation harmless against any claims or damages arising from the use of the Site and from any decisions that the visitor makes based on such information.
Penncat Corporation may, at any time, revise these Terms and Conditions of Use for the Site by updating this posting. By using the Site, you agree to be bound by any such revisions and should periodically visit this page to review the current Terms and Conditions of Use to which you are bound.
J. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. You recognize that this website is developed for use within the United States and is not designed for use outside of the United States.
K. SEVERABILITY
The illegality or unenforceability of any provision of relevant terms and conditions, policies and notices shall not affect the validity and enforceability of any remaining provisions hereof.
L. FORUM SELECTION / APPLICABLE LAW
Use of this website shall in all respects be governed by the laws of the State of Pennsylvania, United States without reference to the principles of conflicts of law. User expressly agrees that any suit brought relating to use of this website shall be brought in a court of competent jurisdiction located in the State of Pennsylvania, United States.
M. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at 404 Elm Ave., North Wales PA 19454.