Terms of Use

Acceptance of Terms 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.

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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

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;

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.

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.