Welcome to this web site operated by Pendulum Capital Partners, LLC. By visiting and using this web site you will be accepting these Terms of Use ("TOU"). Please read them carefully and if you disagree with the TOU in any way, then do not use this web site. Pendulum Capital Partners reserves the right to post changes to the TOU on this web site at any time, and by your continuing to use the web site thereafter, you agree to be bound by the new version of the TOU. If any TOU changes are not acceptable, you must stop your use of this web site. In these TOU, "Pendulum" and "we" refer to Pendulum Capital Partners, LLC., and "User" or "you" refer to each visitor to this web site.
If you subscribe to any services offered through this web site, you also will be subject to additional terms and conditions ("Terms of Service" or "TOS") applicable to such services, which will be brought to your attention at that time.
Sites and ServicesWe do not guarantee that access to or use of this web site or any services will be uninterrupted or error free, and Pendulum shall not be liable for any feature not being accessible or for any unavailability of its web site and services. The web site and its features may be expanded, limited or modified at any time by Pendulum to meet the needs of its Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the web site, without notice. To access some of the content or features of the web site or its services, Users may need to enhance or update the hardware or software in their computer systems. Pendulum assumes no responsibility for any failure to access the web site or any services, partially or fully, whether due to the User's system, the Internet network or any other cause.
MinorsWe do not provide information or services to minors, and if you are under 18 you may only use this site with the active involvement of a parent, guardian or other supervising adult.
No Individual Investment AdviceThis web site does not provide individual or customized legal, tax, or investment services. Since each individual's situation is unique, a qualified professional should be consulted before making financial decisions.
Message Web Site Content LimitationsWe make no guarantees as to the accuracy, thoroughness or quality of the information on this web site, which is provided only on an "AS-IS" and "AS AVAILABLE" basis at User's sole risk. Pendulum shall not be responsible or liable for any errors, omissions or inaccuracies in the web site content. The information and investment strategies provided at this site are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in Canada or the U.S., and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the information and services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial or business purpose. The web site content and services may be modified at any time by us, without advance notice or reason, and Pendulum shall have no obligation to notify you of any corrections or changes to any web site content.
License to Use ContentWe grant you a limited personal use license to access, display, download, format and print portions of this web site content solely for your own personal non-commercial use, provided that the content is not modified and all proprietary notices are kept intact. You may not reproduce, publish, translate, merge, sell, rent, distribute the content, or create a derivative work of the content on any other web site or as part of any educational, training or reference materials. You may not frame or utilize framing techniques to enclose any content on this web site.
Third Party ContentAny testimonials, opinions, advice, product or service offers, or other information or content made available on or through this web site by third parties ("Third Party Content") are solely those of their respective providers and not of Pendulum which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the User to evaluate Third Party Content and Pendulum shall not be liable for any damage or loss caused by Users' reliance on or other use of Third Party Content.
Materials Posted by UsersBy posting or submitting any material, you will be (a) granting Pendulum a world-wide fully paid-up non-exclusive license to allow your materials to be edited and displayed by Pendulum on its web site, and accessed by Users, for the purposes and on the terms in these TOU, (b) agreeing to indemnify and hold harmless Pendulum and its Users from any claim or demand made by any third party due to or arising out of your materials, and (c) representing that you own or otherwise have the right to post the materials, that the materials are accurate, that use of the materials on the Pendulum web site does not violate any laws, and that the materials will not cause injury to any person. Pendulum shall have the right to use your name in connection with your posted materials.
VirusesPendulum does not guarantee that files available for downloading through its web site will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
Advertisers Are Not EndorsedThough we seek to partner with quality companies, we are not responsible for the claims or representations made by advertisers and sponsors. Pendulum does not review, endorse or recommend the products or services of any company mentioned on our site. We will not be liable in any way for damages of any kind resulting out of the misuse of any personal information or data submitted by you to an advertiser or sponsor.
LinksAs a convenience to Users, the Pendulum web site and services may provide links to other sites or resources. Because we do not review or have no control over such sites and resources, Pendulum shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by Pendulum of the linked web sites, resources, their operators or owners. When you select a link, you may be leaving our web site. The information available on third parties' web sites may have certain restrictions on its use or distribution which differ from these TOU.
Password Protected AreasSome areas of the Pendulum site ("Password Protected Areas") are password protected and available only to Users who are registered with Pendulum to have an account. Registration requires Users to fully complete the account registration process. Pendulum reserves the right to deny or revoke registration or access to Password Protected Areas for any User. Pendulum takes reasonable measures to ensure the security of the Password Protected Areas but cannot guarantee the absolute security of information or communications in such Password Protected Areas. Users are responsible for maintaining the security of the password they receive from Pendulum and must notify us if they believe that the security of their password or account has been breached or subject to unauthorized use. Pendulum will not be liable for any loss or liability incurred as a result of an unauthorized person using a User's password.
Prohibited ConductThe following activities are strictly prohibited:
-Spamming, advertising, soliciting or political campaigning
-Personal attacks on or abuse of any members, moderators, or administrators of a forum
-Postings for any unlawful or fraudulent purpose (including links)
-Posting of personal information (for yourself or anyone else)
-Phishing
-Posting materials containing viruses or other malicious or destructive code
-Posting of offensive content including profanity, obscenity, racist or pornographic material
-Posting of any materials that are defamatory or infringe any person's rights
This web site may collect personal information from some Users. Because Pendulum respects the privacy of its Users and their personal information, it has established the Pendulum Privacy Policy to protect your personal information.
CommunicationsWhen you visit our web site or send us email, our responses to your communications will be by e-mail. All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you. Pendulum will have the right to disclose any email sent by a User, or any objectionable material, to comply with legal process or to protect the rights or property of Pendulum, its customers, suppliers and Users.
Proprietary RightsThe Pendulum web site and its content are protected by copyright, trade mark and other proprietary laws. See our Copyright Notice.
Subscription ServicesAlthough Pendulum offers services in many parts of the world, certain Pendulum services may not be available in or suitable for certain countries or locales. We reserve the right to discontinue or to make changes to, any of our services at any time without advance notice.
DISCLAIMER OF WARRANTIESPENDULUM DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS WEB SITE AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE.
EXCLUSION OF CONSEQUENTIAL DAMAGESIN NO EVENT WILL PENDULUM BE LIABLE FOR ANY INCIDENTAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR ANY OF ITS SERVICES OR CONTENT, OR LOSS OF DATA, EVEN IF PENDULUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT,
EXCLUSION OF LIMITATIONS AND DISCLAIMERSBECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS PENDULUM'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
GeneralThese TOU, and any applicable TOS, constitute the entire agreement between each User and Pendulum governing the User's access to and use of the web site and its services, and supersede all prior agreements regarding its subject matter. The TOU shall be governed by the laws of the State of Colorado without giving effect to any principles of conflicts of laws. Each User hereby attorns and agrees to the non-exclusive jurisdiction of the courts of the State of Colorado. The failure by a User or Pendulum to exercise any right or to enforce any provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of the TOU will remain in full force and effect. It is the express will of Pendulum and each User that the TOU and any applicable TOS have been prepared in English.