Terms of Use

Acceptance of Terms

The Pion Inc. (the “Company” or “Pion”) Website is composed of various pages operated by the Company.

Your use of this Website is subject to these Terms of Use (“Terms” or “Terms of Use”) and all applicable laws. By accessing and browsing this Website, you accept, without limitation or qualification, these Terms and you further agree to the terms of Pion’s Privacy Policy. If you do not agree with any of the Terms or Pion’s Privacy Policy, you should not use this Website.

This Website is intended for use only by users who are at least 18 years of age.

Intellectual Property Rights

The contents of this Website are copyrights of Pion Inc.  (the “Company”). You may copy documents published on this Website for non-commercial personal use only, provided that any copy of these documents which you make shall retain all copyright and other proprietary notices and any disclaimer contained on the documents and thereafter may not be recopied, reproduced or otherwise redistributed for any purpose. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish, license, or retransmit any information, text or documents contained in this Website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of the Company.

No information or statement contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, moral right, information or other intellectual property right (whether or not registered) of the Company, or its affiliates, or any third party.

Trademarks

All product names and logos referred to herein are trademarks of the Company, its licensors or joint venture partners unless otherwise indicated.

The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Further, please be advised that the Company actively and aggressively enforces its intellectual property rights to the full extent of the law.

Any rights not expressly granted herein are reserved.

Privacy and Security

Pion, along with its third parties and subsidiaries, respect your privacy, value our relationship, and are committed to safeguarding your privacy. We understand the importance of privacy to our customers and visitors to the Pion Sites. This Privacy Policy governs our use of your Personal Data and by accessing and using the Pion Sites, you agree to be bound by this Privacy Policy.

You recognize and agree that when submitting your personally identifiable information to Pion Sites, while Pion has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PION SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF USE, OR LOSS OF DATA) SUFFERED BY A CUSTOMER OR USER, EVEN IF PION HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY, PION DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT 12 PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PION SITES, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PION SITES.

Reserve of Rights/Exclusion of Warranties

The Company has undertaken reasonable efforts to include accurate and up-to-date information on its Website. Information on this Web site, however, may contain technical inaccuracies or typographical errors. The Company reserves the right at its sole discretion to modify, improve, delete, edit, change, add or update any material or content on this Website at any time.

NO ASSURANCE IS GIVEN THAT INFORMATION OR MATERIAL ON THIS WEBSITE IS UP-TO-DATE, ACCURATE, ERROR-FREE OR COMPLETE.

ADDITIONALLY, THIS WEBSITE IS PROVIDED “AS IS” AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, DATA CORRUPTION, DEFECTS OR OTHER HARMFUL COMPONENTS OR THAT ANY SUCH PROBLEMS WHICH ARE DISCOVERED WILL BE CORRECTED.

Limitation of Liability

You agree that all access and use of this Website and its content is at your own risk. Neither the Company, its directors, officers, affiliates nor any other party involved in creating, producing or delivering this Website shall be liable in any manner for any direct, incidental, special, consequential, indirect or punitive damages (including loss of profit, loss of use and loss of data) arising out of your access, use or inability to use this Website, or any errors or omissions in the content, even if they have been previously advised of the possibility of such damages. It is understood and agreed that you release the Company, its directors, officers and affiliates from all liability in tort, contract or otherwise that may be incurred in connection with the use of this Website.  Because some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages, the foregoing limitation may not apply to you to the extent they are prohibited by applicable law.

Hyperlinks

This Website may provide links or references to other Internet sites maintained by third parties over whom the Company has no control. Such links are provided merely as a convenience to users of this Website and do not imply endorsement by the Company of such sites. The Company takes no responsibility for the content of such sites and makes no representations as to the accuracy or completeness of any information contained in such sites, and shall have no liability for any damages or injuries of any kind arising from such content or information. Similarly, other Websites that provide links to this Website are not the responsibility of the Company and the Company makes no representations or warranties with respect to these Websites and shall have no liability with respect to any damage or injury suffered in connection with information contained in, or access of, such Websites.

Acceptable Use/Damage to Others

As a condition of your use of this Website, you agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability; you further agree that you will not use or access the Website for any fraudulent or malicious purpose or for any purpose that is prohibited by these Terms.  You agree not to disrupt, modify or interfere with the Website or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the Website. You further agree not to alter or tamper with any information or materials on, or associated with this Website.

You agree not to introduce into or through this Website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

Submissions

The Company welcomes inquiries and comments from visitors to this Website. However, any communications or information sent by you to a Company-sponsored Website or to the Company by electronic mail, including questions, comments, data, ideas or know-how, shall be deemed to be non-confidential and shall become the property of the Company, without compensation to the provider of such submissions. The Company shall have no obligation of any kind with respect to such information and may reproduce, publish, disclose, and distribute to others all or any part of such information, without limitation, for any purpose whatsoever. The Company shall be free to use any ideas, concepts, know-how, techniques or inventions contained therein for any purpose, including but not limited to developing, manufacturing and marketing products and services.

No Offer to Deal in Securities.

Nothing on this Website shall be construed as an offer or invitation to deal in securities of the Company.

Governing Law

This site is controlled, operated and administered Pion Inc. from our offices within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Website content accessed through Pion-Inc.com in any country or in a manner prohibited by any applicable laws, restrictions, or regulations.  These Terms of Use and any dispute or claim arising out of or in connection with these Terms of Use or their subject matter shall be governed by the laws of the Commonwealth of Massachusetts, USA, without regard to its conflict of laws provisions.  The courts located within the Commonwealth of Massachusetts shall have exclusive jurisdiction over any claim arising from or related to these Terms.

Monitoring

The Company may monitor and access discussions and posting on and other activities relating to the Website and intervene in relation thereto but does not make any representation or warranty that it will do so. You consent to any such monitoring and intervention in event the Company elects to do so.

Changes to terms

At our discretion, the Company may change, modify, add, alter or remove portions or otherwise update the Terms applicable to this Website from time to time without notice, and you agree to be bound by such terms as are in effect at the time at which you access the Website and you will be bound by any such changes if you continue to use the Website after such changes are posted.  You should review the Website, the Terms of Use and the Company’s Privacy Policy periodically for updates and changes.

Survival

These Terms of Use apply while you are accessing the Website and these Terms shall be unaffected by your cessation of use and shall and remain in effect indefinitely thereafter.

Contact

If you have any concerns about material which appears on our Website, please contact privacy@pion-inc.com.

These Terms are effective as of June 28, 2019.