Terms & Conditions

TERMS OF USE AGREEMENT

Welcome to the website for PENTA CARES Foundation, Limited Employee Foundation (“PENTA CARES Foundation”). Your use of all websites owned and operated by PENTA CARES Foundation (the “Site”) or any of the services offered on the Site (the “Services”) is subject to these Terms of Use (the “Terms”). Your use of the Site constitutes your binding acceptance of these Terms, including any modifications made to the Terms. Use of this Site is governed by these Terms as well as any other terms of use of PENTA CARES Foundation applicable to the Site. However, if there is a conflict between these Terms and any other terms of use then these Terms shall take precedence unless the other terms of use expressly provide otherwise. Read these Terms carefully and completely as they set forth your rights and obligations with respect to your use of the Site. If you do not wish to be bound by the Terms, you may not access or use the Site.

ACCEPTANCE OF THE TERMS

PENTA CARES Foundation is pleased to provide the information on the Site conditioned upon your acceptance, without modification, of the terms, conditions and notices comprising the Terms. The Terms may be updated and modified by us from time to time without notice to you by posting revised Terms on the Site. We hope that you will find the information provided on the Site informative and useful.

PENTA CARES Foundation has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:

• 1. change or terminate all or any part of our Services;
• 2. restrict or terminate your access to all or any part of our Services; or
• 3. refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.

ACCESS TO THE SITE

PENTA CARES Foundation is providing you with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. The Site is available only to individuals and entities who can form legally binding contracts under applicable law. If you do not qualify, please do not use the Site. PENTA CARES Foundation reserves the right to deny access and/or registration to the Site to anyone at any time in its sole and absolute discretion.

USER OBLIGATIONS

In consideration of your use of the Services, you agree to be subject to certain obligations. For any personal information that you provide to us through the Site, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. If you provide any information that is untrue, inaccurate, incomplete or not current, or if PENTA CARES Foundation has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, PENTA CARES Foundation has the right to refuse any and all current or future use of the Site (or any portion thereof).

LIMITS ON LIABILITY

The PENTA CARES Foundation will not be liable for:

• The contents of any communication, message, or information posted by you or other third parties.
• The content of any website not controlled, owned, or operated by The PENTA CARES Foundation that is accessed from or linked to this Site.
• The content, services or information provided by any website purporting to be operated by The PENTA CARES Foundation or its affiliates, but not actually affiliated with, controlled, owned, or operated by The PENTA CARES Foundation.
• Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.
• Any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to, loss of profits, loss of data or loss of use damages, arising out of or relating to use of or inability to use the Site, even if The PENTA CARES Foundation has been advised of the possibility of such damages. The PENTA CARES Foundation will have no liability with respect to, or obligation to, restore or recover any mutilated or lost data. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site.

CONTENT

It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. You acknowledge that you may not rely on any content on the Site. The PENTA CARES Foundation makes no representations or warranties, express or implied, concerning the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on the Site and provides the information on the Site for reference only.

All offers, invitations and other information provided through the Site are subject to change at any time. The information on the Site may contain inaccuracies and typographical errors. The PENTA CARES Foundation shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor programs or information affected by such inaccuracies. The PENTA CARES Foundation reserves the right to make changes, corrections, cancellations and/or improvements to the information on the Site, and to the products and programs described on the Site, at any time without notice, including after confirmation of a transaction.

THIRD PARTY WEBSITES

Although we hope that you will find the material on this Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by The PENTA CARES Foundation of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website which may be accessed by a link from this Site, including any representations or warranties as to accuracy, completeness or availability. Because The PENTA CARES Foundation has no control over third-party websites and resources, you acknowledge and agree that The PENTA CARES Foundation is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that The PENTA CARES Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.

PROPRIETARY RIGHTS

You acknowledge and agree the content contained in the Site or information presented to you through the Site may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by The PENTA CARES Foundation or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part. You may not reverse engineer, decompile, or disassemble the Site or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. Those portions of the Site owned by The PENTA CARES Foundation are the copyright of The PENTA CARES Foundation. All rights reserved. You agree that all of The PENTA CARES Foundation’s trademarks, trade names, service marks, logos and service names are trademarks and are the property of The PENTA CARES Foundation. You agree not to display or use in any manner The PENTA CARES Foundation, without the express prior permission of The PENTA CARES Foundation.

NO REPRODUCTION OR RESALE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

INDEMNIFICATION

You agree to indemnify, defend and hold The PENTA CARES Foundation, its directors, officers, employees, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms or your infringement of any intellectual property or other right of any other person or entity.

ENFORCEMENT

The PENTA CARES Foundation does not assume responsibility to you or others for any failure by The PENTA CARES Foundation to enforce the provisions contained in the Terms.

TERMINATION

You agree that The PENTA CARES Foundation, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if The PENTA CARES Foundation believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Further, The PENTA CARES Foundation may in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that The PENTA CARES Foundation may immediately bar any further access to the Site. Further, you agree that The PENTA CARES Foundation shall not be liable to you or any third party for any termination of your access to the Site.

GENERAL ACKNOWLEDGMENTS

You acknowledge that The PENTA CARES Foundation may establish general practices and limits concerning your use of the Site. You agree that The PENTA CARES Foundation has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. You further agree that your acceptance of these Terms of Use does not guarantee you any material benefits. The PENTA CARES Foundation reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that The PENTA CARES Foundation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You further acknowledge that The PENTA CARES Foundation reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIM

Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), The PENTA CARES Foundation reserves the right, but not the obligation, to terminate your right to use the Site if The PENTA CARES Foundation determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. The PENTA CARES Foundation accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, The PENTA CARES Foundation has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. The designated agent of The PENTA CARES Foundation to receive notification of claimed infringement is:

The PENTA Building Group
181 East Warm Springs
Las Vegas, NV 89119
(702) 614-1678

The PENTA CARES Foundation respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed above with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

EXCLUSIONS AND LIMITATIONS . SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

• YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND INFORMATION AND MATERIAL IN THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, The PENTA CARES Foundation EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE The PENTA CARES Foundation EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
• The PENTA CARES Foundation MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
• ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The PENTA CARES Foundation OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
• GOVERNING LAW

You and The PENTA CARES Foundation agree that the Terms and the relationship between you and The PENTA CARES Foundation shall be governed by and construed in accordance with the laws of the State of Nevada without regard to its conflict of laws analysis. You and The PENTA CARES Foundation hereby irrevocably and unconditionally submit to the jurisdiction of courts located within Clark County, Nevada or the United States District Court for the District of Nevada for purposes of all legal proceedings arising out of or relating to the Terms and agree not to commence any legal proceedings related thereto except in such court. You and The PENTA CARES Foundation irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.

WAIVER

The PENTA CARES Foundation’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The PENTA CARES Foundation in writing.

SEVERABILITY

If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of the Terms shall remain in full force and effect.

TIME LIMITATION

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

HEADINGS

The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.

SUPPORT

If you have any questions or concerns about this Site, the Terms or the Privacy Policy, please contact us at pentacarescommittee@pentabldggroup.com.