February 12, 2018
Acceptance of Terms.
The following terms and conditions govern all use of the website located at https://www.pendo.io/ (the Website), including all of the materials, documents, text, images, graphics, animation, videos and other information and content included in or available at the Website (Content). The Website, Content and any services provided at the Website are collectively referred to as the Service. The Service is owned and operated by Pendo.io, Inc. (Pendo).
Not Commercial Data Services.
From time to time, at its sole discretion, Pendo may make all or any part of the Service available only to registered users (such as, for example, to apply for, subscribe or gain access to various information services or employment opportunities). You may elect to register or not, at your discretion. The registration process may require you to provide your name, company name, address, telephone number, email address and certain additional personal data or other information (such as, for example, your preferred contact method and businesses that are of interest to you).
Informational Purposes Only.
All Content is provided for informational purposes only, and any other use of the Content (or other aspect of the Service) is expressly prohibited. The Service is not an offer to sell, or a solicitation from any person of an offer to buy, any securities or other form of investment. You acknowledge that the Service does not provide recommendations or advice of any kind (including without limitation, any investment, accounting, tax or legal advice). Pendo cannot monitor or control how you may interpret the Content or your resulting actions, and you hereby release Pendo from all liability related to your having acquired or not acquired Content through the Service.
Pendo has no obligation to monitor the Service or any use thereof.
Rules and Conduct.
By way of example and not limitation, you agree not to take any action, or submit, upload or otherwise distribute any content or information, that:
infringes or violates any trademark, trade secret, copyright or other intellectual property or proprietary right (including rights of publicity or privacy);
imposes an unreasonable or disproportionately large load on Pendo’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Pendo or any third party;
harvests, scrapes or collects any information from the Website; or
- impersonates any person or entity, including any employee or representative of Pendo.
Third Party Websites.
The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Website. These other websites are not under Pendo’s control, and you acknowledge that Pendo is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites.
You agree that the Website, Content and all other aspects of the Service are protected by copyrights, trademarks, service marks, trade secrets and/or other proprietary rights and laws. Unless and only to the extent expressly authorized by Pendo in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Service. However, unless the Website blocks you from doing so, you may print or download one copy of the Content for your internal records; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other Content to create or compile, directly or indirectly, a collection, database or directory without written permission from Pendo is prohibited.
Submissions and Feedback.
If you submit, upload or otherwise disclose or distribute information, data or other content of any kind (including without limitation, any feedback related to Pendo’s business) at the Website or otherwise through the Service, then you hereby:
grant and agree to grant to Pendo, its affiliates and their successors and assigns a perpetual, irrevocable, non-exclusive, royalty-free right and license (with right to sublicense) to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein;
represent and warrant to Pendo that you own or otherwise control all rights to such content and that disclosure and use of such content by Pendo (including without limitation, publishing content at the Website) will not infringe or violate the rights of any third party; and
- agree that such content will not be treated confidentially by Pendo.
Pendo may remove any Content or disable the Service (or terminate your access to all or any part of the Service) at any time, with or without cause, with or without notice, effective immediately. You may discontinue using the Service at any time. Upon any termination or discontinuance, you will immediately cease using the Website, Content and other aspects of the Service.
THE WEBSITE, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NEITHER PENDO NOR ITS AFFILIATES REPRESENT OR WARRANT THAT: (A) THE SERVICE WILL BE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS VOLUNTARY AND SOLELY AT YOUR OWN RISK.
Limitation of Liability.
IN NO EVENT SHALL PENDO OR ITS AFFILIATES BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INVESTMENT LOSSES OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL), OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF US$100, EVEN IF PENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Pendo, its limited partners and portfolio companies, and its and their affiliates, officers, directors, employees and representatives, from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Service. Pendo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Pendo in asserting any available defenses.
You expressly consent to the transmission, collection, storage, processing and use of your data from, to and within the United States, in addition to the country where you are located (if not the United States). Pendo makes no representation that the Service is accessible, appropriate or legally available for use in locations outside the United States, and accessing and using the Service (including with regard to the provision, collection or processing of data) is prohibited from territories where doing so would be illegal. If you access or use the Service from other locations, then you do so at your own initiative and risk and are solely responsible for compliance with local laws.
Integration and Severability.
Copyright and Trademark Notices.
Pendo.io® is the registered trademark of Pendo.io, Inc. The names and logos of other companies, products or services mentioned at the Website or in any Content are the trademarks or service marks of their respective owners.
Pendo.io, Inc. Attn: CFO 150 Fayetteville Street, Suite 1400 Raleigh, NC 27601