tell us where to send your risk-free trial
Cellulite gives you annoying bumps, bulges, dimples and crevices making your skin look unhealthy. Even physically fit people can’t overcome cellulite as it forms underneath the skin attaching to muscles.
Pensida Anti Cellulite Cream is a unique formulation combining excellent ingredients that help reduce the look of Cellulite. Some key ingredients of this formulation and key benefits:
Embarrassing bumps, bulges, and crevices caused by the accumulation of cellulite beneath the skin. The layer of fat underneath the skin attaches to muscles, causing these areas. Over time the areas can become more noticeable and also sag.
Skin is stimulated at the surface and deep beneath, helping to loosen cellulite while also tightening and toning the skin. After just a few treatments skin can be noticeably smoother and softer with more elasticity and lesser amounts of cellulite.
Most Cellulite cases are inherited: About 8 – 9 women out of every 10 are said to harbor a certain amount of cellulite in some or other part of their bodies. Women are also likely to get uneven skin after pregnancy.
Stimulates breakdown of fat
Fat gets converted into connective tissue
Shedding and reorganization of sub-dermal fat
Skin becomes smoother and tighter
”Never used a cellulite cream before so I don’t know if all creams are this great, but I doubt it. I’m seeing results so fast I can barely believe my eyes!”Jessica T.
”I couldn’t believe how difficult cellulite was. I tried everything and nothing worked. Then on a whim I got a risk free trial of Pensida. It works GREAT and I can say goodbye cellulite!”Jennifer D.
“Okay so initial reaction would be that i honestly wasn't expecting to see any sort of improvement after the first month. I keep looking at the before and after picture you sent me and am beyond amazed at the results. If it`s this good at one month... I am so excited to see how much better it gets:)”Kristen C.
“Love, love, love this cream! Not only is the cellulite disappearing on my legs, but on my hips, too! It’s so nice to finally find a cream that works.”Samantha W.
It is not always possible to accurately ascertain what causes cellulite. While hormonal and other genetic factors cause cellulite quite often there could be other reasons as well e.g. lack of exercise or tight-fitting clothes that limit blood circulation. In many cases smoking has been found to be the cause.
“My name is Guy Cappuccino. I am a board certified plastic surgeon in private practice in Mt. Airy, MD. I graduated Suma Cum Laude from the University Honors Program at the University of Buffalo with a degree in biochemistry I decided to create a topical treatment for cellulite after hearing repeated concerns over the years from my patients regarding the lack of such a product. Like my patients, I found there were few if any commercially available products that had a significant effect on cellulite. Furthermore if they did make such claims, there was scant clinical evidence to substantiate the claims. I felt that I was uniquely qualified to design such a product with my background in biochemistry and profession of plastic surgery. I knew I could conduct rigorous clinical trials that would substantiate any results we achieved”.
Through science, technology, and extensive experience with skin issues the Pensida team is able to present an anti-cellulite formula that works! Pensida’s anti-cellulite formula is effective in diminishing the appearance of cellulite. This amazing product is safe for all types of skin. From doctors to scientists, dermatologists to beauty experts – all agree that the Pensida anti-cellulite formula can help in reducing the appearance of embarrassing cellulite.
Pensida Anti-Cellulite is the Solution Diminish the appearance of bumps, bulges, dimples and crevices commonly found with cellulite through the powerful Pensida solution. The coffee-based skin cream will stimulate skin on the surface and beneath, reducing the look of cellulite while firming and toning your skin to look healthier. Use regularly to keep cellulite at bay and keep your skin looking beautiful.
“This is the best cream you can buy. Get it today! The caffeine trick really does the work for you. Just one more reason I love caffeine.” Amy B.
no more embarrassing bumps, dimples or crevices
Anti-cellulite products containing caffeine have been generally successful in reducing cellulite in most people that used these products. The beneficial effects of caffeine are remarkable – it not just improves circulation of blood to the affected area but also removes the unnecessary moisture from the skin and helps in making it firm.
The Pensida risk free trial is valid for 30 days from the day you receive the product. In case you choose not to use the product, please call up customer service and inform your decision within the trial period. We’re happy to find that customers, who tried the risk free offer, overwhelmingly chose to continue using it. It is recommended that you read the T&C of the risk free trial offer before signing up.YOUR SKIN WILL LOOK BETTER THAN EVER!
Cellulite is a condition where the lower surface of the skin attaches to muscle tissue. These attachments pull and push the skin, causing cellulite to appear. Commonly, cellulite presents itself as unsightly bumps, crevices, or dimples. Cellulite can appear in almost any area of the body but it is normally found on hips, thighs, buttocks, stomach, and upper arms.
“I thought that my cellulite would never go away. Then I tried Pensida and was actually able to notice a real difference! My skin looks healthy, soft and smooth!” Shauna B.
How Pensida Helps Fight Cellulite The special blend of ingredients in Pensida helps diminish the appearance of cellulite. While moisturizers and nutrients help the skin to rejuvenate, special ingredients including caffeine penetrate far beneath the surface to stimulate the skin and enable break up of cellulite areas. Regular use of Pensida will help your skin to stay soft, supple, and beautiful!
Formulation Botanical extracts that would treat each of the cellulite problems, and some from multiple approaches.
Testing We construct and conduct a valid clinical trial to determine clinical effectiveness. We discovered a groundbreaking 3D multi-spectrum camera, which takes 3 dimensional pictures of each dimple and creates a volumetric relief map of the skin. This is the secret to honest and reliable data in measuring cellulite treatment outcomes.
PENSIDA Anti-Cellulite Cream Differs from our competitors in 3 key ways: formulation, testing, and results.
Results Using the Antera 3D system we measured the smoothness index of the skin surface (Sa) before and after treatment with PENSIDA anti-cellulite cream. Participants saw between 5-45% improvement in smoothness after 3 months of usage.
Many users of caffeine-laden anti cellulite creams wonder how caffeine works to tackle cellulite. It has been found that caffeine and its related forms viz. aminophylline and theophylline help to flush out the unnecessary moisture stuck between the cells. This leads to a process known as lipolysis which burns the fat in the layer below the surface of the skin and causes the fat cells to release the fat particles. As a result, the swollen cellulite affected portion shrinks.
FINALLY an Anti-Cellulite Solution that WORKS When you slip on your bathing suit and notice the unsightly and unattractive bumps, crevices and dimples from cellulite, you know it is time to take action. Pensida has the ingredients that are safe to use on all skin types. Apply Pensida and begin to notice the look of cellulite diminish and your skin will start to look younger and healthier!
Effective Date: April 7th, 2016
Registration. We will collect personal information from you when you place an order for any Pensida products and services (collectively, "Products"). We may also collect information from you when you interact with our Pensida Applications, interact with other users, and use various features of our Pensida Applications.
Surveys and Promotions. From time-to-time we may request information from you and other users via surveys, contests or sweepstakes. Participation in these surveys, contests or sweepstakes is completely voluntary so you and other users have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and address), and demographic information (such as zip code). Contact information may be used to notify the winners, award prizes and file winner's information as required by law. Survey information will be used for the purpose(s) of the survey, including the monitoring or improvement of the use and satisfaction of Pensida Applications.
Information You Provide About a Third Party. If you send someone else a communication from the Pensida Applications, such as sending an invitation to a friend, the information you provide (names, e-mail addresses, etc.) is used to facilitate the communication and is not used for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on the Pensida Applications, your e-mail address may be included in the communication sent to your friend.
Supplemental Information. We may from time to time supplement information you give us with information from other sources, such as information to validate or update your address or other demographic and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes.
Information Collected Through Technology. In addition to any personal information or other information that you choose to submit to us, we and our third-party service providers may use a variety of technologies such as cookies, pixel tags and web beacons, browser analysis tools, and web server logs. As you use our Pensida Applications, your browser and devices communicate with servers operated by us, our business partners and services providers to coordinate and record the interactivity and fill your requests for services and information ("Usage Information"). We collect many different types of information from cookies and other technologies. For example, we may collect information from the devices you use to access our Pensida Applications, your operating system type or mobile device model, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone of your device. Browsers routinely send these types of information to web servers. In addition, we collect your IP address or other unique identifier ("Device Identifier") for your computer or other device used to access the Pensida Applications (any, a "Device"). A Device Identifier is a number that is automatically assigned to the device used to access the Pensida Applications, and our computers identify your device by its Device Identifier. We may also collect information about the website you were visiting before you came to our Pensida Applications and the website you visit after you leave our Pensida Applications, if this information is supplied to us by your browser. We may use this Usage Information for a variety of purposes, including to enhance or otherwise improve the Pensida Applications.
The information from cookies and related technology is stored in web server logs and also in web cookies kept on your computers or mobile devices, which are then transmitted back to our Sites by your computers or mobile devices. These servers are operated and the cookies managed by us, our business partners or our service providers. For example, when you visit the Pensida Applications, we and our service providers may place cookies on your computers or mobile devices. Cookies allow us to recognize you when you return, track and target your interests in order to provide a customized experience. They also help us provide a customized experience and help us to detect certain kinds of fraud. A "cookie" is a small amount of information that a web server sends to your browser that stores information about your account, your preferences, and your use of the Sites. Some cookies contain serial numbers that allow us to connect your activity with the Pensida Applications with other information we store about you in your profile or as related to your interactions with the Pensida Applications.
Some cookies are temporary, whereas others may be configured to last longer. "Session" cookies are temporary cookies used for various reasons, such as to manage page views. Your browser usually erases session cookies once you exit your browser. "Persistent" cookies are more permanent cookies that are stored on your computers or mobile devices even beyond when you exit your browser. We use persistent cookies for a number of purposes, such as retrieving certain information you have previously provided.
Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed specific actions, and may be used to track your interactions with those messages, such as when you receive, open or click a link in an email message from us. When you access these pages or open email messages, the pixel tags and web beacons generate a notice of that action to us, or our service providers. These tools allow us to measure response to our communications and improve our web pages and promotions.
We may use HTML5, another form of collection, in our apps for the iphone or iPad (and any other Apple iOS device). HTML5 is another form of collection, tracking and storage that does not rely on traditional browser cookies. Like Flash cookies, HTML5 cookies can be used to track users across websites but are not stored in browsers' cookie files. To our knowledge there is currently no known way for a user of a mobile device to remove HTML5 tracking and storage.
We sometimes use embedded scripts which are programming codes designed to collect information about your interactions with the Pensida Applications, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Pensida Applications, and is deactivated or deleted thereafter.
In many cases, the information we collect using cookies and other tools is used in non-identifiable ways, without any reference to personal information. For example, we use information we collect about Pensida Application users to optimize our services and understand traffic and usage patterns. In other cases, we associate the information we collect using cookies and related technologies with Personal Information. Whenever we associate Usage Information or a Device Identifier with your personal information, we will treat it as personal information.
Our Business Relationship. When you provide us with information in connection with a particular activity or otherwise sign up for our services or provide your contact information, including an email address or telephone number in connection with that activity, product or service, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you future information about Pensida using the information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.
Connecting with the Pensida Applications and Interactive Forums. By posting to our Interactive Forums, you give us permission to capture and store information you provide us and display it to other users in order to provide the best possible experience on the Pensida Applications. Therefore, you should exercise caution and discretion when deciding to disclose your personal information in a submission or posting. There is no expectation of privacy in the Interactive Forums and we have no control over how those users may use your personally identifiable information.
Service Providers. We may use third party service providers to help us operate our business and the Pensida Applications or administer activities on our behalf. We may share your information with these third parties for those limited purposes.
Strategic Partners. From time to time we may enter into a relationship with another company that is not owned by or affiliated with us to provide additional features on the Pensida Applications. These special relationships may include business partners, sponsors and co-branded Pensida Applications (referred to here as "co-branded pages"). Any information, including personally identifiable information that you provide on one of these co-branded pages will be shared with these third party partners. Since these third parties will use your information in accordance with their own privacy practices, you should check their website for information regarding their privacy policies.
Other Uses: We may use your personal information to contact you about services on our Pensida Applications for which you have expressed an interest, for example, if you have contacted customer service or made an inquiry.
Transactional Notices. We may send you announcements and emails from time to time relating to your account. These include emails such as order confirmations, customer service notifications or responses or when the delivery of a product is delayed. You may not opt-out of these communications, which are not promotional in nature.
Electronic Offers and Promotional Messages. We may also send you updates and communications about our products and services or other messages, such as newsletters, changes to features of the Service, or special offers. If you do not want to receive such messages, you may opt out by contacting customer service at +1 (844) 662-3558. You also will be given the opportunity, in any promotional email or text message that we send to you to opt out of receiving such messages in the future. Follow the unsubscribe instructions included in each email or click "STOP" on a mobile text. It may take up to 10 days for us to process an opt-out email or mobile text request.
Direct Marketing. Your personal information may be provided to the Pensida family of companies or our affiliated companies or third parties for their own direct marketing purposes. If you do not wish to receive direct mail marketing materials from us or share your information to any third party for direct mail marketing purposes, you may opt out of such activities by contacting us by any of the methods provided in the Contact Us paragraph below. Please note that even if you opt out of receiving promotional direct mail offers, we may continue to send you service notifications that are related to your account(s) and other products and services you have requested or in which you are currently enrolled by direct mail.
Telemarketing. If you have given us your telephone number, when making an inquiry or registering with us or when ordering Products from us, we may use the telephone number you provided to reach out to you to follow up on your order, including follow-up renewals and marketing. Your telephone number may be provided to Pensida family of companies or our affiliated companies or third parties for their own direct marketing purposes. If you would prefer not to receive marketing phone calls from us, send an email to firstname.lastname@example.org with "Do Not Call" in the subject line or call customer care at +1 (844) 662-3558 or ask to be placed on our do not call list when you receive a call from us. Please note that even if you opt out of receiving promotional telephone calls, we may continue to call you for issues that are related to your account(s), orders, unpaid invoices, or other Products you have requested.
Feedback. All comments, feedback or materials submitted by you to Pensida including feedback, testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, "Feedback"), shall be received and treated by us on a non-confidential and unrestricted basis. Pensida will be free to use, display, perform, distribute, copy, adapt, and promote, in any medium now known or later developed, without compensation to you, the Feedback along with all ideas, concepts, know-how, techniques or methodologies contained in such Feedback, for any purpose whatsoever, including without limitation, developing, marketing and selling products and services incorporating such Feedback. You agree that in submitting Feedback, it will not violate any right of any third party, including any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity. You further agree that no Feedback you submit will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of "spam". If you wish to access any personal information which may be associated with this information you can contact us at email@example.com.
You may remove your information from our database so as not to receive future communications or to close your account or opt out of our sharing information with third parties for marketing purposes by emailing us at firstname.lastname@example.org. If you prefer not to receive electronic promotional communications, you can also opt-out by following the unsubscribe instructions included in each communication.
Security. Please keep in mind that no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure and therefore we cannot ensure the security of any information you transmit to us, and your use of the Pensida Applications indicates that you are willing to assume this risk.
Children's Privacy. Pensida does not knowingly collect or solicit Personal Information from individuals under 13 years of age. If you are under 13 years of age, you should not provide Personal Information on the Pensida Applications. In the event that we learn that we have collected Personal Information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com.
Your California Privacy Rights (As provided by California Civil Code Section 1798.83). California's "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the business' practices related to disclosing personal information to third parties for the third parties' direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties' direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place. If you do not want us to share your Personal Information with other companies so that they can send you direct mail offers about their products and services, please contact us by any of the methods provided in the Contact Us paragraph below. California customers may request further information about our approach to this law by writing to us at the address provided in the "Contact Us" section.
Last Updated: April 7th, 2016
Third Parties Providers of Analytics Tools and Other Collection Tools
This is a list of third parties who provide us with information, reports and analysis about the usage and browsing patterns of our users and who use tracking technology when serving offers accessed from Pensida Applications.
The Search Agencyhttp://www.thesearchagency.com/privacy-policy.html
Two bottles of Pensida Anti-Cellulite cream will be shipped to you, for which you will be charged only $1.95 for shipping and handling as the initial, nonrefundable payment. The risk free trial period of 30 days starts from the time you receive your shipment. If for some reason you wish to return the product, simply contact our customer service team within 30 days of receipt of your shipment; you will receive no further charges.
But if you’re like the other overwhelming majority of our customers, you’ll be so pleased with the results that you’ll want to continue using Pensida Anti-Cellulite cream on a regular basis. In that case, the credit card you provided will be charged $129.95 for the first 30 days, and then another charge of $129.95 will be billed after the next 30 days, plus $7.95 for shipping for the next two months’ supply. Local and state sales tax may apply.
If you are pleased with the performance of the product and decide not to cancel it, we will continue to send you fresh supplies of the product every two months. Your credit card will be automatically charged, just like your first shipment, with a monthly payment for each 2 months shipment, billed every 30 days, plus shipping and processing when the products are shipped.
If you have any questions regarding your order, you can reach us at any time. Our customer service lines are open 24 hours a day, 7 days a week.
|Country you are calling from||Toll Free Number||Hours of Operation|
|USA/CANADA||+1 (844) 662-3558||24 HOURS|
12924 Pierce Street, Pacoima CA 91311
Please call our contact numbers above or email us for return instructions to ensure proper processing.
You can also email us at firstname.lastname@example.org for any questions regarding your order or to schedule a call back. Please provide First and Last Name, Invoice Number or Customer ID, Phone number, Country, and day and time to call you back. Please give us 24 hours advance notice.
Effective Date: April 7th, 2016
PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THE WEBSITES, EMAIL AND INTERACTIVE AND MOBILE APPLICATIONS ("PENSIDA APPLICATIONS") WHICH ARE OWNED AND OPERATED BY Pensida, LLC ("PENSIDA") CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THE PENSIDA APPLICATIONS AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE PENSIDA APPLICATIONS.
Updates to Terms. Pensida reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Pensida Applications. Pensida will provide notice of changes to the Terms by posting the new Terms on the Pensida Applications with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date set when it is posted on the Pensida Applications. Your continued use of the Pensida Applications or Services after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Pensida Applications and Services.
Electronic Form. By accessing the Pensida Applications and Services you consent to have this Agreement provided to you in electronic form.
Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to email@example.com or send a letter and self-addressed stamped envelope to: Pensida, LLC, 12924 Pierce Street, Pacoima CA 91311.
Purchasing Products and Services. By accepting a 30 day trial or making a purchase you agree to provide (i) true, accurate, current and complete information as prompted by the registration form, and (ii) maintain and properly update your account information to keep it true, accurate, current and complete.
If you purchase a 30 day trial, Pensida will bill you for your online account using the billing information you provide (your "Billing Account") for use of the Service and you agree to be responsible for return shipping of the product should you wish to cancel during your trial period. You agree to pay Pensida all charges at the prices then in effect for your use of the Service using your Billing Account, and any applicable taxes, and you authorize Pensida to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Pensida reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources.
Recurring Billing. Access to the Service may consist of an initial period, where you can try a product, followed by recurring periodic charges as agreed to by you. By entering into this Agreement, you acknowledge that your 30 day trial has an initial shipping and processing fee and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. To change or cancel your Service at any time, call our customer service representatives at +1 (844) 662-3558. Your products will be automatically shipped per the offer you originally accepted but you can change a shipment or product at any time by calling us at +1 (844) 662-3558. Your non-termination or continued use of the Service reaffirms that Pensida is authorized to charge your Payment Method. Pensida may submit those charges for payment and you will be responsible for such charges. PENSIDA MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU AFFIRMATIVELY CANCEL YOUR SERVICE OR NOTIFY US THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE PENSIDA REASONABLY COULD ACT TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD.
Current Information Required. YOU MUST PROMPTLY NOTIFY PENSIDA IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT). IF YOU FAIL TO PROVIDE PENSIDA ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT PENSIDA MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS WE HAVE EVIDENCE THAT YOU HAVE TERMINATED YOUR USE OF THE SERVICE.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Pensida does not receive payment from your Payment Method Provider, you agree to pay all amounts, which may include lesser amounts which Pensida will charge to your Account up to what is due on your Billing Account upon demand.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the current rate set forth in your initial offer due to an increase in our current rates (other than due to the imposition or change in the amount of state sales taxes), Pensida shall provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that Pensida may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Trials and Other Promotions. Any free trial or other promotion that provides introductory or trial access to Services must be used within the specified time of the trial as provided in the offer you accept. You must cancel your membership before the end of the trial period in order to avoid being charged a membership or other fee.
For Billing-Related Inquires. For assistance with billing-related issues please call us +1 (844) 662-3558.
Personal Use. The Pensida Applications and the Services offered are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not (i) copy, display or distribute any part of the Pensida Applications without Pensida's prior written consent, or alter or modify any part of the Pensida Applications other than as may be reasonably necessary to use the Pensida Applications and Services for their intended purpose. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Pensida Applications and Services or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.
Communication Services. The Services may contain public forums designed to enable you to communicate with others (the "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service ("User Content"). Pensida has no obligation to monitor the User Content. However, Pensida reserves the right to review materials posted to the Communication Services and to remove any User Content at any time, without notice, for any reason and in its sole discretion. Pensida reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, and other communications by users are not controlled or endorsed by Pensida, and such communications shall not be considered reviewed, screened or approved by Pensida. User Content, including statements made in public forums reflect only the views of their authors. Pensida specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Communication Services. Managers and hosts of Communications Services are not authorized Pensida spokespersons, and their views do not necessarily reflect those of Pensida. Pensida representatives may monitor your User Content on the Pensida Applications, but we cannot monitor all of the User Content on the Pensida Applications, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms, you can report it to firstname.lastname@example.org.
By using the Communication Services and submitting User Content to the Pensida Applications, you grant to Pensida, and its successors in business and assigns, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the User Content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, voice, performance, and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the Pensida Applications a non-exclusive license to access your User Content as permitted through the functionality of the Pensida Applications and under these Terms. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content you submit.
You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services or your User Content. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. Pensida is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users. All User Content must comply with User Posting Requirements.
User Posting Requirements. You agree that you may not access or use the Services and/or related Communication Services, in order to:
The Services and all material published on the Pensida Applications, including, but not limited to text, photographs, video, graphics, music, images, animations, audio, "applets" (incorporated into the software data), sounds, messages, comments, ratings, and other materials on the Pensida Applications are owned by Pensida or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. Pensida owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Pensida Applications. Pensida's products' names and its logos are trademarks of Pensida, LLC and are protected by state and federal laws. All other trademarks appearing on the Pensida Applications ("Marks") are trademarks of their respective owners. Users are prohibited from using any Marks without the written permission of Pensida or such third party that may own the Marks. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without Pensida's prior written consent. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Pensida Applications or Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content other than for personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
No License Granted. Except for allowing you to use the Pensida Applications and Services for your personal use as set forth in the paragraph above, when you use the Pensida Applications and Services, you are not receiving a license or any other rights from Pensida, including intellectual property or other proprietary rights of Pensida. You understand that you have no rights to the Pensida Applications and Services or any other Pensida property except as we indicate in these Terms.
Pensida has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. We reserve the right to remove any User Content on the Pensida Applications and Services which allegedly infringes another person's copyright. We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain on the Pensida Applications and Services. If you believe any materials on the Pensida Applications and Services or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
All DMCA notices should be sent to our designated agent as follows:
ATTN: Legal Department
12924 Pierce Street, Pacoima CA 91311
Age Requirements. You must be at least 18 years old or the age of majority in your state of residence, whichever is older, to join Pensida and to use the Services.
Links. You may be able to access other websites or resources through links on the Pensida Applications. Because Pensida has no control over such sites and resources, you acknowledge and agree Pensida is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials available from such sites or resources nor does Pensida endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that Pensida shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE PENSIDA APPLICATIONS AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING PENSIDA APPLICATIONS AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE PENSIDA APPLICATIONS AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE PENSIDA APPLICATIONS AND SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. IN ADDITION TO THE PRECEDING PARAGRAPH AND OTHER PROVISIONS OF THIS AGREEMENT, ANY ADVICE THAT MAY BE POSTED ON THE PENSIDA APPLICATIONS ARE FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL FINANCIAL, MEDICAL, LEGAL, OR OTHER ADVICE. PENSIDA MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE PENSIDA APPLICATIONS AND SERVICES. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION ARISES IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST. YOU ACKNOWLEDGE THAT PENSIDA MAKES NO WARRANTY THAT THE PENSIDA APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT PENSIDA DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PENSIDA APPLICATIONS OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE PENSIDA APPLICATIONS AND SERVICES IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE PENSIDA APPLICATIONS AND SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PENSIDA APPLICATIONS AND SERVICES.TO THE FULLEST EXTENT PERMITTED BY LAW, PENSIDA DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE PENSIDA APPLICATIONS AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE PENSIDA APPLICATIONS AND SERVICES.
ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE PENSIDA APPLICATIONS, OR OBTAINED FROM A WEBSITE TO WHICH THE PENSIDA APPLICATIONS ARE LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. PENSIDA DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE PENSIDA APPLICATIONS AND SERVICES OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL PENSIDA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE PENSIDA APPLICATIONS AND SERVICES OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE PENSIDA APPLICATIONS AND SERVICES OR A LINKED SITE.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PENSIDA OR ITS PARENT, SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE PENSIDA APPLICATIONS AND SERVICES, EVEN IF PENSIDA HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. PENSIDA'S LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN PENSIDA'S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED $10.
Indemnity/Release. You understand that you are personally responsible for your behavior while on the Pensida Applications or using the Services and agree to indemnify and hold Pensida, and its parent, subsidiaries, affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur arising out of or related to your use of the Pensida Applications and or Services or in connection with a third party claim or otherwise, in relation to your use of the Pensida Applications or Services or access to the Pensida Applications, or your violation of either these Terms, applicable law or the rights of any third party. You are solely responsible for your own interactions with any persons you interact with who you met through the Pensida Applications and Services. To the extent permitted under applicable laws, you hereby release Pensida from any and all claims or liability related to your use of the Pensida Applications or Services.
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Access to Services. Pensida reserves the right to change, discontinue or suspend its Services at any time for any reason. Pensida shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms. Any decision Pensida makes relating to termination or suspension of any person's account shall be final and binding. You agree that we may terminate, modify, discontinue or abandon the Pensida Applications and Services with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this Agreement is terminated for any reason, the provisions within sections titled PROPRIETARY RIGHTS, and LEGAL NOTICES shall survive any such termination.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York without application of conflict of laws rules, except that the Arbitration provision shall be governed by the Federal Arbitration Act.
Resolution of any Dispute. In the event a dispute arises between you and Pensida, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer care department at +1 (844) 662-3558, or e-mailing us at email@example.com. If, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed.
Timing of Dispute: Any claim you may have with respect to Pensida, the Services, the content or the Pensida Applications and Services must be commenced within two (2) years after the claim arises or it shall be barred.
Limitation of Legal Remedies. INSTEAD OF SUING IN COURT, YOU AND PENSIDA EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and Pensida agree that any dispute, controversy or claim arising out of arising out of or relating to any aspect of our relationship; any content accessible from Pensida Applications, including User Content; claims that may arise after the termination of the Services; and claims related to marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls. ("Claim(s)") which cannot be settled through the customer service department refunding your payments in full, shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator's decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Class Action Waiver. We each agree that each of us are waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under these Terms shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person ("Class Action Waiver").
Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All Notices to Pensida shall be sent to the following address: Pensida, LLC, ATTN: Legal Department, 12924 Pierce Street, Pacoima CA 91311. All notices sent by Pensida to you will be sent to the email provided in your Billing Account. Upon receipt of such Notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or Pensida may commence an arbitration proceeding. The arbitration of any Claim under this Agreement shall be referred to the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org. The arbitration of any Claim shall be conducted in the State in which you reside, and for any claim that does not exceed $10,000 Pensida will: (1) pay all costs of the arbitration; (2) if you prefer will conduct the arbitration by telephone, and (3) will not seek attorney's fees in the event Pensida prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses.
Choice of Law. This Agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. § 1 et seq. The FAA's provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
Exception. All parties, including related third parties, shall retain the right to seek adjudication in a small claims tribunal for disputes within the scope of such tribunal's jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal, shall be resolved by binding arbitration, with the exception of any claim or action for indemnification, contribution, interpleader, or injunctive relief arising out of a Claim, which claims or actions shall not be subject to arbitration. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration.
Survival. This arbitration provision shall survive termination of this Agreement and the closing of your account or membership.
Severability. If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that if for some reason this prohibition on Class Action Waiver cannot be enforced, then this agreement to arbitrate will not apply.
These Terms and policies incorporated herein, are the entire agreement between you and Pensida. They supersede any and all prior or contemporaneous agreements between you and Pensida relating to your use of the Pensida Applications or the Services. Pensida may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Pensida to partially or fully exercise any rights or the waiver of Pensida of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Pensida or be deemed a waiver by Pensida of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Pensida under these Terms and any other applicable agreement between you and Pensida shall be cumulative, and the exercise of any such right or remedy shall not limit Pensida 's right to exercise any other right or remedy.
Copyright (c), 2015, Pensida, LLC. All rights reserved.