Copyright © 2002-2013 PendulumFoundation.com. All rights reserved. Read our Terms of Use   A COMMUNITY OUTREACH ORGANIZATION Because everyone deserves a chance Acceptance of Terms You can review the most current version of the TOU at any time at pendulumfoundation.com/TOU.html. In addition, you shall be subject to any posted guidelines or rules applicable to such Use, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU. By using this site in any way, you are agreeing to fully comply with the TOU, and should you object to any term or condition for the use of the Service or contained in the TOU, your only recourse is to discontinue using the Service. By using this site, you may be exposed to Content that you find indecent, offensive or otherwise objectionable. You may report such Content or other  Content or conduct that violates these TOS. However, the Foundation will determine, without limitation and in its sole discretion, as what action, if any,  should be taken with respect to such activity.  You agree that the Foundation may establish separate Guidelines and/or limits for the use of this site. These may include additional Guidelines  pertaining to the etiquette of use, as need be, as well as limits on the amount of Content and the frequency of postings.  Limitation of Liability  YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOUNDATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR  CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE  LOSSES EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: THE USE OR THE INABILITY TO  USE THE SERVICE; THE COST OF PROCUREMENT OF A SUBSTITUTE SERVICE AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR  SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;  UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;  OR ANY OTHER MATTER RELATING TO THE SERVICE.  Indemnification You agree to indemnify and hold the Foundation, its principals, officers, directors, employees, agents, successors, and assigns harmless from any  claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content that you submit, post or  make available through the Foundation's Service, of your use of the Foundation's Service, your violation of the TOS, your breach of any of the  representations and warranties herein, or your violation of the rights of another.  Proprietary Information The Foundation's site may contain proprietary information and all  information contained in the Foundation's Service is protected by all  applicable copyright, trademark and intellectual property laws to the  maximum extent permitted. You acknowledge that all code and  specifications are subject to the respective express or implied licenses. As a  user, when you provide any Content, you automatically grant to the  Foundation a worldwide, irrevocable, perpetual, non-exclusive, and fully  sublicensable license to use, copy, perform, display, and distribute the  Content that you have provided. You agree not to reproduce, duplicate,  copy, sell, exploit, or otherwise use any Content, in full or part, or any use or  access to the Service, without the express written consent of the  Foundation. The Foundation reserves the right to use your Content in promotional,  advertising, fundraising or other material that furthers the Foundation's  purpose, without compensation. The Foundation has also implemented a  privacy policy, which you may refer to, in order to learn how the Foundation  uses information that you provide.  Linking The Foundation may, from time-to-time, link to other websites which are  operated independently from the Foundation, including websites of  government agencies, vendors, and news media. You agree that your linking  to any such website is at your own risk, and the Foundation bears no  responsibility for your linking or for the content or information contained in  any such website, including the accuracy thereof.  User Conduct You agree that all postings and communications you make through the  Service are your sole responsibility. This means that you, and not the  Foundation, are entirely responsible for all Content you post. You agree to  not use the Service (and you agree not to allow others to use the Service)  to:   1. Upload, post, email, transmit or otherwise make available any Content or  otherwise use the Service in a manner that is unlawful, harmful, threatening, abusive,  harassing, tortuous, defamatory, vulgar, pornographic, obscene, or libelous;   2. upload, post, email, transmit or otherwise make available any Content or  otherwise use the Service in a manner that is hateful or discriminatory against any  individual or group on the basis of race, religion, gender, age, sexual orientation,  ethnicity, or disability, or promotes physical harm or injury against any individual or  group;     3. upload, post, email, transmit or otherwise make available any Content or otherwise use the Service in a manner that is harmful to minors in any way;   4. impersonate any person or entity, or falsely states or otherwise misrepresents your identity or affiliation with another person or entity;  5. stalk or harass another person or entity;   6. employ misleading email addresses, forged headers, or other manipulated identifiers;   7. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary  relationships   8. upload, post, email, transmit or otherwise make available any Content or otherwise use the Service in a manner that infringes any patent, trademark, trade secret,  copyright or other proprietary rights of any party;  9. upload, post, email, transmit or otherwise make available any Content or otherwise use the Service in a manner that is invasive to another's privacy or includes  personal or identifying information about another person, without that person's explicit consent;  10. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters,"  "pyramid schemes," or any other form of commercial solicitation;  11. upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer codes, files or programs designed to  interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;  12. upload, post, email, transmit or otherwise make available any Content or use the Service to interfere with or disrupt the Service, or servers or networks connected to  the Service; 13. upload, post, email, transmit or otherwise make available any Content or use the Service to collect or store personal data about other users for commercial  purposes or engage in commercial activities, without the Foundation's prior approval.  Any use of the Service that is in violation of the above will be subject to immediate removal and user/account suspension or termination, at the sole discretion of the  Foundation.  Governing Law You agree and acknowledge that the laws of the United States  shall govern the Terms and the relationship between you and the  Foundation without regard to its conflict of law provisions. You  agree and acknowledge to submit to the personal and exclusive  jurisdiction of the courts located within the United States. You  agree and acknowledge that regardless of any statute or law to  the contrary, any claim or cause of action arising out of or related  to use of the Service or the Terms must be filed within one (1)  year after such claim or cause of action arose or forever be  barred. Content posted by users does not represent the opinion of the  Foundation, its principal or representatives. All Content is the  sole responsibility of the person from whom the Content  originated, and you agree that users bear all legal liability  resulting from the posting of Content. The Foundation makes no  representations as to the accuracy or validity of user-generated  Content and is not liable in any way for the use of or reliance  upon such Content. Whenever possible, such information is  marked with the name of the source. The Foundation reserves  the right to pre-screen, move, refuse, or remove any of your  Content, or to bar access to the Service, at any time for any  reason and without prior notice. The Terms constitutes the entire agreement between you and the  Foundation and governs your use of the Service, superseding  any prior agreements between you and the Foundation. The  Foundation's failure of to exercise or enforce any right or  provision of the Terms shall not constitute a waiver of such right  or provision. If any provision of the Terms is found by a court of  competent jurisdiction to be invalid, the parties nevertheless  agree that the court should endeavor to give effect to the parties'  intentions as reflected in the provision, and the other provisions  of the Terms remain in full force and effect.  The Foundation reserves the right at any time and from time to  time to modify, limit or discontinue, temporarily or permanently,  the Service (or any part thereof) with or without notice. You agree  that The Foundation shall not be liable to you or to any third party  for any modification, suspension or discontinuance of the  Service.  User Content Miscellaneous Modifications to Service The Pendulum Foundation welcomes you to use our website as well as resources that are together referred to as the "Use." The Foundation provides its online Service to you subject to the following Terms of Use ("TOU"), which may be updated from time to time without notice to you.