LAST UPDATED: DECEMBER 2024

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By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use the Pence Creative website if you do not accept all of the terms and conditions stated on this page.

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Terminology

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and any or all Agreements:

• “Client,” “You,” “Your” refer to you, the person accessing this website and accepting the Company’s terms and conditions.

• “Our,” “Us,” “The Company,” and “Pence Creative” refer to Pence Creative.

• “Party,” “Parties,” or “Us” refer to both the Client and Pence Creative, or either the Client or Pence Creative.

All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client’s needs in respect of provision of Pence Creative’s stated services/products, in accordance with and subject to prevailing law in the United States.

Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

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Cookies

We employ the use of cookies to help enable the functionality and security of our website. By using the Pence Creative website, you consent to the use of cookies per the Pence Creative Privacy Policy.

Some affiliate/advertising partners listed on the Pence Creative website may also use cookies.

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License

Unless otherwise stated, Pence Creative and/or its licensors own the intellectual property rights for all material seen and used on the Pence Creative website. All intellectual property rights are reserved.

You may view and/or print pages from the Pence Creative website for your personal use, subject to restrictions set in these terms and conditions.

The following are strictly prohibited:

• You may not republish, sell, resell, rent, sub-license, reproduce, duplicate, copy, or redistribute material from https://www.pencecreative.com.

Hyperlinking to the content found on the Pence Creative website is prohibited except for government agencies, search engines, or news organizations. Online directory distributors, when listing Pence Creative in the directory, may link to the Pence Creative website in the same manner as they hyperlink to the websites of other listed businesses.

No use of the Pence Creative logo or other artwork will be allowed for linking without a trademark license agreement.

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Accuracy of Information

Pence Creative strives to ensure that the information seen on this website is correct. However, we do not warrant its completeness or accuracy, nor do we commit to ensuring that the website remains available or that the material on the website is kept current.

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Disclaimer

THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PENCE CREATIVE, ON ITS BEHALF AND ON BEHALF OF ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

• WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

Pence Creative makes no representation or warranty that:

• The services will meet your requirements.

• The services will achieve any intended results or operate without interruption.

• Any errors or defects will be corrected.

• The security mechanisms implemented by the product are free from inherent limitations.

Your access or use of the services is at your own discretion and risk, and you will be solely responsible for any damages to your information systems or loss of data that results from such access or use.

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Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Pence Creative, its affiliates, licensors, or service providers, have any liability for:

1. Personal injury, property damage, lost profits, loss of data, loss of goodwill, or any consequential, incidental, indirect, or punitive damages.

2. Direct damages exceeding the amount actually paid by you for the services during the twelve (12) months preceding the cause of action.

Some jurisdictions do not allow certain limitations of liability, so some or all of the above limitations may not apply to you.

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Additional Information

The Terms of Use were created by Pence Creative under the advisement of legal counsel. If you have any questions about Pence Creative's Terms of Use, please contact us via email at sarah@pencecreative.com.