Terms and Conditions of Use
The following Terms and Conditions govern your use of the Web sites of Pinsonault, including Pinsonault.com, pathfinderrx.com, pinsonault-ots.com, powerplanrx.com, todaysaccounts.com, and any additional Web sites operated by Pinsonault.
1. Changes to Terms and Conditions.
These Terms and Conditions may be supplemented by a particular Pinsonault Web site. These Terms and Conditions may also be modified by Pinsonault from time to time and posted on this or other appropriate Pinsonault Web site.
2. User Registration and Account Creation, User Name ID and Password Security.
3. Non-Confidentiality of Communications.
- A Pinsonault Web site may require you to register and create a user account as a condition of use or offer you the opportunity to do so. If you decide to register and create a user account, you agree that you will provide accurate, truthful, and current information. You agree that you will not: (i) select a username that, to your knowledge, is already used by another person; (ii) use the username of another person without that person's authorization; or (iii) use a username or password that Pinsonault, in its sole discretion, deems offensive or inappropriate. Pinsonault reserves the right to refuse to create an account for any reason, including an inability to verify the authenticity of registration information, and to terminate access to all or any portion of a Pinsonault Web site at any time, without notice.
- Pinsonault has no obligation to verify the authenticity of any registration information, and you are solely responsible for maintaining the confidentiality of your password. Pinsonault may rely upon any information received from any person using an assigned password and will incur no liability arising out of such reliance.
If you send a message or information to a Pinsonault Web site, such as (but not limited to) an email, you grant Pinsonault the right to read, use, distribute, disclose, store, and keep the communication and any related information as Pinsonault deems appropriate in its sole judgment, unless the Pinsonault Web site provides otherwise.
4. Links to Other Web sites and Third Party Products and Services.
5. OFFENSIVE OR ILLEGAL ACTIVITY.
- Pinsonault has no control over any third-party Web site and does not endorse the operator or content of any third-party Web site, or the products or services of a third-party Web site. You agree that Pinsonault is not responsible for, and shall have no liability for, the operation, content, or products or services of any third-party Web site.
Pinsonault respects the reputations and rights of others and expects visitors to our Web sites to do the same. Pinsonault thus reserves the right to terminate or restrict your access to Pinsonault Web sites if, in our opinion, you post any offensive, vulgar, or immoral material on a Pinsonault Web site, or if your use of a Pinsonault Web site violates any law or regulation or infringes the rights of another person.
6. Copyrights, Trademarks, and Other Intellectual Property.
7. INFRINGING MATERIAL and NOTICE OF INFRINGEMENT.
- The information, data, graphics, icons, images, metadata, design, organization, compilation, overall appearance, and other protectable intellectual property (collectively, the "Information") of Pinsonault Web sites are the property of Pinsonault and are subject to copyright, trademark, and other intellectual property laws. You may not sell or republish, or copy for other than your own individual use, the Information, or any portion of it, without the prior written consent of Pinsonault. You agree not to delete any copyright, trademark, or similar notice from any Information.
- Pinsonault's name, logos, designs, slogans, trademarks and service marks (collectively, the "Trademarks") may not be used in any advertising, publicity or promotion or in any other commercial manner without the prior written consent of Pinsonault. Pinsonault's corporate logo may be used as a web page link in some circumstances, provided you obtain Pinsonault's prior written consent.
- Written requests for permission to use Information or Trademarks should be mailed, faxed or emailed to:
350 Clark Drive
Mount Olive, NJ 07828
8. No Warranties; Limitation of Liability.
- Pinsonault respects the intellectual property of others and expects visitors to our Web sites to do the same. Pinsonault reserves the right, in its sole discretion, to delete any material submitted to a Pinsonault Web site that may, in our opinion violate the intellectual property rights of Pinsonault or another person or entity.
- It is the policy of Pinsonault to respond to a notice of alleged infringement of a copyright, trademark, or other intellectual property right that is presented in the manner prescribed below. An infringement notice should contain the following information:
- A physical or electronic signature of the person submitting the notice of alleged infringement.
- The identity of the protected copyright, trademark, or other intellectual property right that is allegedly infringed.
- The address, telephone number, and if available, email mail address of the complaining party, or other information reasonably sufficient to permit Pinsonault to contact the complaining party.
- A statement that the allegedly infringing material or activity is not authorized by the owner of the copyright, trademark, or other intellectual property right.
- A statement, made under penalty of perjury, that the above information is accurate and that the person submitting the notice is the owner of the copyright, trademark, or other intellectual property right or is authorized to act on the owner’s behalf.
- The notice should be mailed, faxed or emailed to:
350 Clark Drive
Mount Olive, NJ 07828
9. Choice of Law.
- Pinsonault attempts to provide useful Information on its Web sites, but does not guarantee that the Information is accurate, current, or suitable for any particular purpose. PINSONAULT ASSUMES NO OBLIGATION TO UPDATE OR CONTINUE TO POST INFORMATION. PINSONAULT DOES NOT WARRANT OR GUARANTEE THAT ACCESS TO ANY PINSONAULT WEB SITE WILL BE UNINTERRUPTED OR THAT ANY PINSONAULT WEB SITE WILL BE FREE OF VIRUSES.
- Pinsonault has implemented reasonable commercial security measures to protect information sent to its Web sites. HOWEVER, PINSONAULT DOES NOT WARRANT OR GUARANTEE THAT INFORMATION SENT TO A PINSONAULT WEB SITE WILL NOT BE TAKEN, REVIEWED, OR TAMPERED WITH BY THIRD PARTIES.
- THE INFORMATION AND ANY SOFTWARE RELATED TO A PINSONAULT WEB SITE IS PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- PINSONAULT SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO ANY PINSONAULT WEB SITE (INCLUDING, BUT NOT LIMITED TO ANY RELATED SOFTWARE), ANY WEB SITE OPERATED BY A THIRD PARTY, OR ANY INFORMATION CONTAINED IN ANY PINSONAULT WEB SITE OR ANY OTHER WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR OTHER THEORY OF LIABILITY, EVEN IF PINSONAULT IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
These Terms and Conditions will be construed in accordance with the substantive laws of the State of New Jersey, United States of America, excluding provisions of New Jersey law concerning choice-of-law that would result in the laws of any state other than New Jersey being applied. The Uniform Computer Information Transactions Act (or any substantially similar law enacted by New Jersey) will not apply to these Terms and Conditions.
10. Foreign Jurisdictions.
Pinsonault operates its Web sites from its offices in the State of New Jersey of the United States of America. PINSONAULT MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION IS APPROPRIATE OR LEGALLY AVAILABLE FOR DISTRIBUTION, DISPLAY, OR USE IN LOCATIONS OTHER THAN THE UNITED STATES OF AMERICA, AND ACCESS TO THE INFORMATION FROM JURISDICTIONS WHERE SUCH ACTIVITIES ARE NOT LEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS OR USE ANY INFORMATION FROM A PINSONAULT WEB SITE, YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT SUCH ACCESS AND USE IS PERMISSIBLE UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
11. Export Laws.
Software and encryption codes from Pinsonault Web sites may be subject to United States export control laws and regulations ("Export Laws"). No software or encryption codes may be downloaded from any Pinsonault Web site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in a manner that otherwise violates the Export Laws. By downloading or using any such software or encryption codes, you represent and warrant that you will comply with all applicable Export Laws related thereto.
The provisions of these Terms and Conditions are severable. If any such provision is determined to be unenforceable, that determination will not affect any other provision of these Terms and Conditions. No waiver by Pinsonault of any right under or provision of these Terms and Conditions will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time.
This Web site is operated by Pinsonault, at Pinsonault.com
- By using this Web site's SMS service you agree to be bound by these Terms and Conditions. Pinsonault may change these Terms and Conditions at any time.
- Your carrier’s standard messaging charges will apply to any confirmation SMS message, your response, and all subsequent SMS correspondence. Your carrier’s standard internet charges will also apply to view certain content. Other charges may apply. All charges will be billed by and payable to your mobile service provider.
- Pinsonault will not be responsible or liable for any failures, interruptions, or delays in the transmission (whether out-going or in-coming) of any SMS message.
- In order to properly and efficiently operate this website's SMS service, Pinsonault may request and maintain your cell phone number, your carrier’s name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services your request from us.
- You can unsubscribe at any time. Just visit our Web site, provide your email address, and click the button to Unsubscribe from Email Alerts or Unsubscribe from Text Alerts.
- By using this website's SMS service you acknowledge and agree that you are the authorized account holder of your mobile plan, or that you have the authorized account holder's permission to use his or her plan.
- Pinsonault may terminate your access to this website's SMS service at any time and for any reason.