Terms of Use For www.pennallergy.com:

Welcome to PENNALLERGY.COM. Your use of PENNALLERGY.COM is expressly conditioned on your acceptance of the following Terms of Use (the "Terms of Use"). These Terms of Use set forth the terms and conditions which apply to your use of the PENNALLERGY.COM Web site, the content displayed on the Web site, and any PENNALLERGY.COM authored Web sites. By using this site, you agree to abide by these Terms of Use. PENNALLERGY.COM reserves the right to modify these Terms of Use at any time. If you do not comply with these Terms of Use at all times when using this site, PENNALLERGY.COM reserves the right to deny or restrict your access to this site. The terms and conditions of these Terms of Use shall apply regardless of the means by which the PENNALLERGY.COM Web site was accessed, including, but not limited to, through the URL address, electronic mail, or links from other sites. 1. USE OF PENNALLERGY.COM You agree to use PENNALLERGY.COM only for purposes that are lawful in every country and jurisdiction in the world and all subdivisions thereof. PENNALLERGY.COM neither endorses the contents of any User communications nor assumes responsibility for any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, lewd, lascivious, filthy, excessively violent, offensive, or otherwise objectionable material contained therein, any infringement of third party intellectual property rights arising therefrom, or any crime facilitated thereby. Any attempt to gain unauthorized access to PENNALLERGY.COM's computer systems is prohibited. Not all areas of PENNALLERGY.COM may be available to you. You shall not interfere with any other User's use and enjoyment of PENNALLERGY.COM or another entity's use and enjoyment of similar services. PENNALLERGY.COM may terminate any and all information, communication(s), and/or posting(s), at any time, without notice, for conduct that violates these Terms of Use or other policies or guidelines set out by PENNALLERGY.COM elsewhere on this Web site. PENNALLERGY.COM may delete any and all information, communication(s), and/or posting(s) for online conduct that PENNALLERGY.COM believes is harmful to other Users, the business of PENNALLERGY.COM, its affiliates, or other third-party information providers. 2. USE OF CONTENT PROHIBITED PENNALLERGY.COM prohibits the use, copying, distribution, transmission, display, performance and exploitation in any form or manner of any and all copyrighted or trademarked content on this Web site (which includes, without limitation, any and all articles, text, graphics, logos, advertisements, video clips, music clips, still photographs and software)(collectively, "Content") without PENNALLERGY.COM's express prior written consent. 3. PENNALLERGY.COM TRADEMARKS The PENNALLERGY.COM name and logo, www.PENNALLERGY.COM are trademarks and may not be used or copied in any manner without the express prior written consent of PENNALLERGY.COM. All other trademarks appearing on this Web site are the trademarks of their respective owners. 4. REGISTRATION To access certain areas or features of this Web site, you may be asked to register as a member of PENNALLERGY.COM and to provide PENNALLERGY.COM with certain information about yourself. PENNALLERGY.COM uses this information to improve this site and to create content that is more beneficial to our Users. PENNALLERGY.COM maintains the privacy of your information as set forth in our Privacy Policy. You are responsible for providing PENNALLERGY.COM with true and accurate information about yourself as requested. If you provide any information that is untrue or inaccurate, or which PENNALLERGY.COM reasonably believes is untrue or inaccurate, PENNALLERGY.COM reserves the right to suspend or terminate your membership. 5. USE OF COOKIES PENNALLERGY.COM may use cookies on certain pages of the PENNALLERGY.COM Web site to help us track our traffic. Cookies allow PENNALLERGY.COM to store your username for you so you won’t have to keep re-entering it during a session. Cookies are stored on the hard drive of your computer, not at PENNALLERGY.COM. You are always free to set your computer browser to decline our cookies and you can delete cookies on your computer. However if you do this, you may find that some areas of the PENNALLERGY.COM Web site may not work properly and you will be required to re-enter your password more frequently during a session. The use of cookies is an industry standard and you will find them at most major Web sites. 6. PENNALLERGY.COM’S USE OF EMAIL & EMAIL ADDRESSES PENNALLERGY.COM collects email addresses from visitors in order to: i. allow participation in Forums, GuestBooks, Message Boards, and Chat Rooms ii. advise users of news and special events iii. send confirmation and/or status messages 7. RULES OF CONDUCT FOR FORUMS, GUESTBOOKS, MESSAGE BOARDS AND CHAT ROOMS You are solely responsible for any and all Content posted by you on any PENNALLERGY.COM Forum, Guestbook, Message Board, or Chat Room. You also are solely responsible for, and assume any and all risks associated with, reviewing and/or using any Content posted on Forums, Guestbook, Message Boards, or Chat Rooms. PENNALLERGY.COM does not endorse, verify, vouch for, or control any Content posted on this Web site by Users, and does not guarantee the accuracy or appropriateness of any Content posted by Users. Users may be held legally liable for any Content posted to this Web site, and may be held legally accountable if the Content they post include(s) material that infringes any patent, trademark, trade secret, copyright or any other intellectual property or the proprietary right(s) of any person or entity. PENNALLERGY.COM reserves the right to monitor any of its Forums, Guestbooks, Message Boards, and Chat Rooms at any time to ensure that these rules are being observed. By using PENNALLERGY.COM Forums, Guestbooks, Message Boards, and/or Chat Rooms, you may be exposed to Content that is offensive, indecent or otherwise objectionable to you. If you believe that any such Content violates these Terms of Use, we encourage you to contact us at contact@PENNALLERGY.COM. PENNALLERGY.COM reserves the right to modify or remove anything submitted, posted, or uploaded to PENNALLERGY.COM, at any time for any reason without prior notice. Postings which violate these Terms of Use may be deleted upon discovery and PENNALLERGY.COM reserves the right to terminate or restrict access to this site of the responsible User(s). However, under no circumstances will PENNALLERGY.COM be liable for any errors, omissions, or offensive material contained in any Content posted by Users, or for any loss, liability, claim, damage, or expense (including reasonable attorney's fees) arising from or in connection with your use of any Content posted by any Users. You agree not to collect or store personal data about other users or members, or to submit any forum posting, guestbook entry, message board posting, e-mail, and/or chat room statement that contains or provides links to: 1. Any material that is unlawful, threatening, abusive, harassing, tortious, defamatory, invasive of Privacy or publicity rights, hateful, vulgar, obscene, profane, harmful, libelous, indecent, racially, ethnically, or otherwise objectionable (including, but not limited to, posting the private information of other parties); 2. Any material containing nudity, pornography, or sexual material of a lewd, vulgar, lascivious, indecent, lecherous or obscene nature or intent, or that violates local, state, national, and/or international laws; 3. Any material that violates or infringes in any way upon the rights of others, including, without limitation, any patent, trade secret, right of privacy, right of publicity, copyright or trademark rights; 4. Any material that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity; 5. Any false "header" (the legend attached to e-mail messages to show the message's point of origin, route, and destination), falsely configured e-mail or otherwise manipulate identifiers in order to disguise the origin of any Content uploaded, posted, e-mailed or otherwise transmitted through PENNALLERGY.COM. Headers of e-mail messages may not be removed or altered to conceal e-mail addresses; 6. Any Content that you do not have a right to transmit under any law or any contratual or fiduciary relationship (such as inside information, trade secrets, and other proprietary information and/or confidential information); 7. Any material containing any unsolicited or unauthorized advertising or commercial solicitation of any kind whatsoever, ), including, without limitation, distribution of unsolicited e-mail using an PENNALLERGY.COM address or containing any references to PENNALLERGY.COM ("spam"), "junk mail," "chain letters," "pyramid schemes," or any use of distribution lists to any person or entity who has not given specific permission to be included on such a list. 8. Any material that contains software viruses or any other computer code, programs, files, corrupted data, or any other harmful or damaging component designed to interrupt, impair, destroy, or limit the functionality or operability of any computer system, software, hardware, or telecommunications equipment; 9. Any material that constitutes "stalking" or any other form of harassment of any member or User of PENNALLERGY.COM or any other person; 10. Content that promotes, encourages, or provides instructional information about any illegal activities or any material which encourages conduct that would violate any law or give rise to civil or criminal liability under any law; 11. Any raffle, contest, or game requiring payment of a fee or other conideration by participants; 12. Any hate propaganda or hate mongering, swearing, or fraudulent material or activity; 13. Any Content that advertises or promotes any product or service; 14. Any Content that solicits funds, advertisers or sponsors; 15. Any Content that disrupts the normal functioning of the Forum, Guestbook, Chat Room or Message Board; or 16. Any Content or activity that PENNALLERGY.COM, in its sole discretion, deems inappropriate for its Forums, Guestbooks, Message Boards, the National Literary Calendar, and/or Chat Rooms. 8. LINKS TO THIRD PARTIES PENNALLERGY.COM contains hyperlinks to external locations (e.g., other Web sites) controlled by third parties. These links are provided solely as a convenience to you, and do not imply an endorsement by PENNALLERGY.COM or that any affiliation exists between PENNALLERGY.COM and the linked Web site. You agree that PENNALLERGY.COM is not responsible for the availability of these external locations, or other content including, without limitation, solicitations thereon or products or services made available thereby. PENNALLERGY.COM has not necessarily reviewed, and does not necessarily endorse, Content at linked Web sites, and is not responsible for such Content or for your use of such Content. You acknowledge that some external locations may contain material or communications that are unedited, untrue, or illegal in some jurisdictions or that may be offensive. You agree to access external locations at your own risk and not to permit minors to have access to inappropriate material. You agree that PENNALLERGY.COM shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location. Any concerns regarding any external location should be directed to its respective Web site administrator, system operator, or Web master. 9. COLLECTION OF INFORMATION IN www.PENNALLERGY.COM By providing PENNALLERGY.COM with or by entering author or other information to the PENNALLERGY.COM Web site, you hereby grant to PENNALLERGY.COM the non-exclusive rights to market, display, and license this information in any electronic format throughout the world. PENNALLERGY.COM and its successors and assigns shall be entitled to unrestricted use of the author information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of this information. Please be advised that PENNALLERGY.COM maintains the confidentiality, security, and integrity of personal information we obtain from our users. We will not give out, display, or license, any personal contact information, but will use this information solely for index maintenance and customer services purposes. 10. DISCLAIMER THE PENNALLERGY.COM SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE. PENNALLERGY.COM DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THIS Web SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE IN FULL. THIS SECTION WILL BE ALLOWABLE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. PENNALLERGY.COM DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS OBTAINED OR PROVIDED THROUGH OR IN CONJUNCTION WITH PENNALLERGY.COM. NEITHER PENNALLERGY.COM, NOR ITS AFFILIATES, THIRD PARTY INFORMATION PROVIDERS, NOR OTHER CONTENT PARTNERS MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED BY PENNALLERGY.COM. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PENNALLERGY.COM IS DOWNLOADED AT THE USER'S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, DOWNLOADS OR ANY OTHER MATERIAL OR INFORMATION THE USER OBTAINS FROM PENNALLERGY.COM. 11. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL PENNALLERGY.COM, ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, OR THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, AGENTS OR LICENSORS (COLLECTIVELY, "THE PENNALLERGY.COM PARTIES"), BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR ABSENSE OF AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE PENNALLERGY.COM Web SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL PENNALLERGY.COM ANY OF THE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE AND/OR USE OF, OR INABILITY TO USE, THE PENNALLERGY.COM Web SITE, OR THE CLAIMS OF THIRD PARTIES, INCLUDING USERS, HOWEVER CAUSED, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY PENNALLERGY.COM PARTY HAS BEEN ADVISED OF (OR IF ANY PENNALLERGY.COM PARTY IS AWARE OF OR SHOULD HAVE BEEN AWARE OF) THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, UNDER NO CIRCUMSTANCES AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL PENNALLERGY.COM PARTIES ARISING OUT OF OR RELATING TO THESE TERMS OF USE AND/OR RELATING TO USE OF, OR INABILITY TO USE, THE PENNALLERGY.COM Web SITE, UNDER ANY LEGAL THEORY, EXCEED THE AMOUNT PAID BY THE USER, IF ANY, TO ACCESS THE PENNALLERGY.COM Web SITE. 12. INDEMNIFICATION User agrees to indemnify and hold harmless, and at PENNALLERGY.COM's request, defend the PENNALLERGY.COM Parties and their respective parents, subsidiaries, affiliates, partners, agents, employees, directors, officers, shareholders, members, and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney's fees and costs) (hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to: (i) your use of the PENNALLERGY.COM Web site; or (ii) any misrepresentation of any information, representation or warranty, or breach of these Terms of Use or any other covenant or Terms of Use. If any third party brings a claim, lawsuit, or other proceeding(s) against any PENNALLERGY.COM Party based on User's conduct or use of PENNALLERGY.COM's Web site or services, User agrees to compensate all PENNALLERGY.COM Parties (including their respective officers, directors, employees and agents) for any and all Losses in connection with any such claim, lawsuit or proceeding. 13. INDEPENDENT INVESTIGATION PENNALLERGY.COM reserves the right to investigate suspected violations of the terms and conditions of these Terms of Use whenever PENNALLERGY.COM becomes aware of possible violations. Such an investigation may include gathering information from User and the complaining party and reviewing materials on PENNALLERGY.COM's servers. During an investigation, PENNALLERGY.COM may remove any and all disputed material from PENNALLERGY.COM's servers. If PENNALLERGY.COM believes, in its sole discretion, that a violation of the terms or conditions of these Terms of Use has occurred, PENNALLERGY.COM may take any action it deems appropriate under the circumstances known to it, which may include removal of material from PENNALLERGY.COM's servers, warnings and/or suspension or termination of User account(s). Violations also could subject User to criminal or civil liability. 14. JURISDICTIONAL ISSUES This Web site is controlled and operated by PENNALLERGY.COM, a sole proprietorship in the State of Pennsylvania, from its offices within the State of Pennsylvania, United States of America. PENNALLERGY.COM makes no representations or warranties that the Content of this Web site is appropriate or lawful in any foreign countries, or that any items offered for sale on the Web site will be available outside the United States. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 15. GOVERNING LAW The formation, construction and interpretation of these Terms of Use shall in all respects be governed by and construed in accordance with the laws of the United States and the State of Pennsylvania, U.S.A., as such law applies to agreements between Pennsylvania residents entered into and wholly performed within Pennsylvania, without giving effect to any principles of conflicts of laws. These Terms of Use shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of these Terms of Use. By using this site, you hereby consent to the exclusive personal jurisdiction and venue of the State and Federal Court of the State of Pennsylvania, U.S.A. It is hereby agreed that any action at law or in equity arising under these Terms of Use and/or your use of the PENNALLERGY.COM Web site shall be finally adjudicated or determined in any court or courts of the State of Pennsylvania or of the United States of America, in Allegheny County, Pennsylvania, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by Pennsylvania law. 16. ACCEPTANCE Your use of PENNALLERGY.COM constitutes acceptance of these Terms of Use. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of these Terms of Use and any additional terms, conditions, rules or procedures imposed by PENNALLERGY.COM or by third party content providers in connection with third-party content, software or services available on, through or in connection with PENNALLERGY.COM. 17. AMENDMENTS PENNALLERGY.COM reserves the right to automatically amend these Terms of Use at any time by posting the amended terms and conditions to this "Terms of Use" section of the PENNALLERGY.COM Web site. Such amendments will be effective when posted. 18. ACTS OF GOD PENNALLERGY.COM shall be excused from its obligations for any period to the extent that PENNALLERGY.COM is prevented from performing, in whole or in part, its obligations under these Terms of Use, as a result of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s),regulations(s), order(s), or request(s) prove(s) to be invalid), Internet failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, foreign or domestic court order, third party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors) or any other cause beyond PENNALLERGY.COM's reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines or other equipment, whether electronic or otherwise. 19. WAIVER PENNALLERGY.COM's failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of PENNALLERGY.COM's right to subsequently enforce such a provision or any other provision of these Terms of Use, nor will any delay or omission on the part of PENNALLERGY.COM to exercise or take advantage of any right or remedy that PENNALLERGY.COM has or may have hereunder operate as a waiver of any right or remedy. 20. SEVERABILITY In the event that any of the provisions of these Terms of Use shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable. 21. HEADINGS Division of these Terms of Use into sections and the use of headings is for convenience of reference only and shall not modify or affect the interpretation or construction of these Terms of Use, or any provision hereof. 22. MERGER CLAUSE These Terms of Use constitute the entire agreement between you and PENNALLERGY.COM concerning the subject matter contained herein and supersede all prior or contemporaneous representations, proposals, conditions, communications, and Terms of Use, whether oral or written, between the parties relating to the subject matter herein and all past courses of dealing or industry custom. The subject matter herein may not be modified except by PENNALLERGY.COM. PENNALLERGY.COM RESERVES THE RIGHT TO CHANGE OR AMEND THESE TERMS OF USE AT ANY TIME WITHOUT PRIOR NOTICE. SAY SUCH CHANGES SHALL TAKE EFFECT UPON POSTING ON THE PENNALLERGY.COM Web SITE. BY USING PENNALLERGY.COM, YOU SIGNIFY YOUR EXPLICIT CONSENT TO THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THESE TERMS OF USE, PLEASE DO NOT USE PENNALLERGY.COM. 23. CONTACT AT PENNALLERGY.COM If you have questions or concerns regarding PENNALLERGY.COM, you can let us know by sending us an email at: jprud1950@hotmail.com, or by writing to us at: Donaldson Optical Company, 330 Curry Hollow Road, Pittsburgh, PA 15236, 412.653.4900.