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Terms & Conditions

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS SITE. By accessing, browsing or using this Site, you consent and agree to these terms of use, conditions, and all applicable laws. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE.

General:
The terms that govern your use of this Site may be changed periodically. Your use of this Site following any such change constitutes your agreement to follow and be bound by the terms as changed. Periodically, we may change, move or delete portions of, or may add to this Site.

Conduct:
In using this Site, you agree to not download (other than page caching) or modify it or any portion of it, except with express written consent of PENDULUM, LLC. You are prohibited from any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and -extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PENDULUM, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or forms) of PENDULUM, LLC and our business affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing PENDULUM, LLC name or trademarks without the express written consent of PENDULUM, LLC. You shall be solely liable for any damages resulting from any infringement or copyright, trademark, or other proprietary right or any other harm resulting from your use of this Site.
Unless otherwise specified, this Site is for your personal and noncommercial use. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download, and print hard copy portions of the material from the different areas of this Site solely for your own noncommercial use or to place an order with PENDULUM, LLC. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display, or transmission of the content of this Site without prior written permission of PENDULUM, LLC is strictly prohibited.

Rules of Conduct:
While using any of this Site, you will comply with all applicable laws, rules, and regulations. In addition, PENDULUM, LLC expects the users of this Site to respect the rights and dignity of others, and use of this Site and Services are conditioned on the following Rules of Conduct. You will not:

A. Post, transmit, or otherwise make available anything that is or may be (i) threatening, harassing, degrading, hateful, or intimidating; (ii) defamatory; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic, or otherwise objectionable; or (v) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity, or other proprietary right. Any person who has been found repeatedly to violate the intellectual property rights of others shall be barred from submitting or posting any further material on this Site.
B. Use this Site for any illegal purpose; post, transmit, or otherwise make available any material which would give rise to criminal or civil liability; encourages conduct that constitutes a criminal offense; or encourage or provide instructional information about illegal activities or activities such as hacking, cracking, or phreaking.
C. Post, transmit, or otherwise make available any material that would violate another person’s privacy or other rights, including any message containing personal phone numbers or addresses (including your own).
D. Post, transmit, or otherwise make available any material, nonpublic information about a company without the proper authorization to do so.
E. Interfere with any other user’s right to privacy, or harvest or collect personally identifiable information about users of this Site.
F. Impersonate any person or entity, including, but not limited to, any PENDULUM, LLC representative; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that PENDULUM, LLC endorses any statement you make without prior written consent.
G. Post, transmit, or otherwise make available any virus; “worm”; “Trojan Horse”; “Easter egg”; “time bomb”; spyware; or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment.
H. Interfere with or disrupt the Services or the servers or networks that provide the Services, or disobey any requirements, procedures, policies, or regulations of such networks.
I. Restrict or inhibit any other user from using this Site, including by means of hacking or defacing any portion of the Site.
J. Post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” investment opportunity, or any other form of solicitation.
K. Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services or this Site.
L. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of this Site.
M. Remove any copyright, trademark, or other proprietary rights notice contained on this Site.
N. Frame or mirror any part of this Site without PENDULUM, LLC’s prior written authorization.
O. Create a database by systematically downloading and storing all or any of the content on this Site.

Copyright and Trademarks:
Unless otherwise noted, all materials, including trademarks, images, illustrations, designs, buttons, icons, logos, photographs, digital downloads and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress, and/or other intellectual properties owned, controlled or licensed by PENDULUM, LLC collectively, and/or its trade partners. The Site as a whole is protected by U.S. and international copyright.

You acknowledge that all data developed and/or collected by PENDULUM, LLC in connection with the operation of this Site shall be the exclusive property of PENDULUM, LLC. You are prohibited from reproducing, reverse engineering, transmitting, disassembling, modifying, or creating derivative works with respect to any Contents found on this Site. Nothing on this Site is to be construed as granting, by implication, estoppel or otherwise, any license or right to the use of intellectual property displayed on this Site, without the prior written permission of PENDULUM, LLC. Any rights not expressly granted herein are reserved.

Pendulum, LLC Communications:
You agree that PENDULUM, LLC may contact you via electronic mail, phone, or fax in response to your inquiries, sample requests, or for the purpose of clarifying information pertinent to orders you place.

Prices and Payment:
The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States. You will pay all applicable taxes resulting from your purchases. All payments may be made by credit card or PayPal.

If you are not completely satisfied with your PENDULUM, LLC purchase, contact PENDULUM, LLC customer service at (888) 815-8250. Please see our Return Policy.

Image Integrity:
We have made every effort to display images as accurately as possible, including colors of our products that appear on the Site. However, as the actual images you see will depend on your monitor; we cannot guarantee that your monitor’s display of any image will be accurate.

Links to Other Web Sites and Services:
This Site may contain links to other Internet sites on the World Wide Web. PENDULUM, LLC provides such links for your convenience only and is not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that PENDULUM, LLC approves, endorses, or recommends that site. PENDULUM, LLC disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other site. Viewing of all other sites is at your own risk.

Disclaimer:
Although PENDULUM, LLC uses reasonable efforts to include accurate and up-to-date information on this Site, PENDULUM, LLC makes no warranties or representations about the accuracy or completeness of this Site’s content.

THIS SITE AND ALL CONTENTS, INFORMATION, SERVICES, AND PRODUCTS OF THIS SITE ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT PENDULUM, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. PENDULUM, LLC MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; OR (vi) THE WEBSITE OR THE SERVICES ON WHICH IT IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.

Limitation of Liability:
IN NO EVENT SHALL PENDULUM, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF PENDULUM, LLC HAD BEEN ADVISED OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, PENDULUM, LLC WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE PENDULUM, LLC WEBSITE; FROM GOODS ACQUIRED THROUGH PENDULUM, LLC; OR FROM ANY CONTENT POSTED ON THE WEBSITE BY PENDULUM, LLC OR ANYONE ELSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR ITS CONTENT IS TO STOP USING THE WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESS, BROWSING, OR USE OF THIS SITE, OR THE DOWNLOADING OR USE OF ANY MATERIALS, DATA, TEXT, OR IMAGES FROM THIS SITE.

The authors and developers of the products on this Site have made every effort to ensure the accuracy of the information contained in the products. It is the responsibility of healthcare professionals to use their professional judgment in the use of these products.

Indemnification:
You agree to defend, indemnify, and hold PENDULUM, LLC harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of this Site or any other person accessing the Site using your Internet account.

Applicable Laws:
This Site is administered by PENDULUM, LLC from its offices in Albuquerque, NM, United States of America. Your use of this Site shall be governed in all respects by the laws of the State of New Mexico, U.S.A., without regard to choice of law provisions. You consent and submit to the exclusive jurisdiction of the state or federal courts located in Bernalillo County, the State of New Mexico, in any legal proceeding directly or indirectly arising out of or relating to this Site. PENDULUM, LLC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. PENDULUM, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

PENDULUM, LLC makes no representation that materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside the United States of America do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of New Mexico.

Termination:
These terms and conditions are applicable to you upon your accessing this Site. These terms and conditions, or any of them, may be modified or terminated by PENDULUM, LLC without notice at any time for any reason. The provisions relating to Disclaimer, Limitation of Liability, Indemnification, and Applicable Laws, shall survive any termination.

User Submissions:
In the event you place an order with PENDULUM, LLC through or using this Site, you agree that any order so placed shall be the same as a signed writing, created in the ordinary course of the sending party’s business, at or near the time of the events recorded and transmitted by a person with knowledge of the events. When the order is printed from electronic records, such an order shall be considered an original Document. The party placing the order shall not contest the validity of the Document on the grounds that it fails to meet the common law statute of frauds or the statute of frauds found in Section 2-201 of the Uniform Commercial Code or other applicable law or statute, that it fails to meet the business records exception to the hearsay rule, or that it fails the best evidence rule because it is not an original document.

General:
These Terms and Conditions and those found in the PENDULUM, LLC Privacy Policy set forth the entire understanding and agreement between you and PENDULUM, LLC with respect to this Site. You acknowledge that any other agreements between you and PENDULUM, LLC with respect to this Site are superseded and of no force or effect. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Information and Complaints:
If you would like any further information or if you have a complaint regarding this Site, please call (888) 815-8250 or send an email to onlinestore@wearependulum.com.