Terms of Use Agreement for Pneuma Solutions LLC
This term of use serves as a legal and binding agreement between you and Pneuma Solutions, LLC, a Delaware limited liability company.
Pneuma Solutions, LLC may be referred to in this agreement as Pneuma Solutions, LLC, Pneuma Solutions LLC, Pneuma Solutions, or pneumasolutions.com. Pneuma Solutions may also be referred to in context of this agreement as we, us, our, or ours.
Pneuma Solutions, having made this Terms of Use document openly and publicly available, accessible, and without need of any purchase, operates fairly and reasonably under the supposition you have read and agree with all terms and conditions stated herein this agreement.
We operate under the supposition you have read in its entirety, this Terms of Use, and agree to all terms herein prior to purchasing from, becoming a member of any kind (paid or complimentary), interacting with our platforms or websites, downloading, engaging, or interacting with digital properties (trial or paid), connecting to or engaging with any of our intellectual products of any kind.
We further operate under the reasonable supposition your decision and choice to proceed without reading completely and fully voids your right to hold Pneuma Solutions liable for any loss or damage of any kind.
Because this agreement between you and Pneuma Solutions LLC has been provided fully accessible and posted publicly on all our websites, choosing to disregard, ignore, or fail to read it in its entirety for any reason beyond our control, in no way voids the agreement between you and Pneuma Solutions herein.
This Agreement directs your use of Pneuma Solutions’ products, virtual meetings, website downloads, use of our platforms, and engaging any digital or intellectual properties within Pneuma Solutions LLC.
By engaging in resources on, or becoming a member of, any website or platform owned, leased, or under common use by Pneuma Solutions LLC, you agree to be legally bound by the terms and conditions of this Agreement.
Terms Regarding Copyright Ownership
All static and dynamic content, publicly published through digital or print media, or permitted to be downloaded from, any platform or website owned by Pneuma Solutions including but not limited to blogs, articles, comments, forums, newsletters, e-mails, transcripts, MP3s and other audible media, graphics, logos, button icons, images, audio clips, video clips, multimedia and portable formatted files, executable files or programs are the sole property of Pneuma Solutions LLC or its respective companies and is protected by United States and international copyright laws.
Upon this disclosure, you must conduct your behavior, making choices and decisions regarding the content on this website equal to other copyrighted material under the protections detailed within the United States and international copyright law.
All content is available strictly for personal and individual use unless otherwise granted through paid or trial licensures according to terms stated at time of licensure.
Distributing your username, password, passcodes for online meetings and other log-in credentials, content (written, audible, or in video form), or downloadable material to anyone or any other web-based forum, social media site, or website, or digital storage services is vehemently prohibited.
Trademark Protections
All trademarks displayed on our websites and platforms, other than those published with permission of their rightful owner, are registered trademarks of Pneuma Solutions LLC, and are protected by law in the United States and in other international countries. Use of trademarks owned by Pneuma Solutions or any of its companies is prohibited without express written permission given by legal representatives of Pneuma Solutions. This extends to any product or service not owned by us.
This directive includes any usage or manner which can create confusion among customers, denigrates, discredits, mocks, or slanders or engages in libel against Pneuma Solutions.
All other trademarks not owned by Pneuma Solutions LLC displayed through digital platforms, products, websites, or e-mails are the property of their rightful and respective owners, who may or may not be associated with, sponsored by, or connected with the legal business of Pneuma Solutions.
Terms of Agreement Effectiveness
This term of agreement takes immediate effect when your device’s IP address connects to our host servers, platforms, websites, connects or is tracked to 3rd party platforms to display our text or e-mail communications, or when you take part in our events and activities held on or outside our properties through licensed, leased, or rented access points, servers, or applications.
Recurring Membership and Licenses
By voluntarily submitting your payment criteria including, but not limited to, your credit card, direct bank draft, PayPal payment credentials, or other payment criteria in consideration and exchange for our respective products, services, license usages, or benefits attached to their associated rate, you herein agree and permit Pneuma Solutions to verify and charge for renewal on a monthly, quarterly, annual basis, or any other disclosed recurring frequency clearly stated and agreed by you at time of submission.
This extends to but is not limited to courses, virtual events, downloads, digital conversion services, license usages, community access, or any service or product offered by Pneuma Solutions.
By verbally or digitally providing us billing criteria you authorize Pneuma Solutions to charge, the fee to the posted payment method, the reoccurring fee clearly attached to the respective membership or use of license stated in the terms at registration.
We are not bound to address billing discrepancies associated with your payment method unless you notify us within 60 (sixty) days from your statement. Your payment method issuer or provider governs your use of that account with us. Your rights, liabilities, discrepancies, or problems connected to your account with your payment issuer or provider are stated outside of this agreement and must be addressed within that agreement.
Terms of License, Platform, and Website Access
Pneuma Solutions, through its licenses, account and event registration terms, grants you limited or full access to its platforms, applications, services for personal or business use according to the terms of licensure or registration.
Unless expressly permitted, no digital or intellectual properties of Pneuma Solutions may be downloaded or reproduced in any form or kind outside of the licensure terms or terms within this agreement. In the event no terms are stated at time of granting use of the licensure, or per common marketing practices outlining reasonable terms prior to purchase, no download or reproduction is permitted.
Modification or reproduction of any digital or intellectual properties, trademarks, or copyrighted content in part or in full is vehemently prohibited without express written consent by a legal representative of Pneuma Solutions LLC.
The act of digital data mining for your purposes, or purposes of another merchant is expressly forbidden. Any platform, website or content detailed in other sections of this agreement is forbidden to be modified in full or in part, digitally imaged and relocated, adapted, translated, reverse engineered, de-compiled, reassembled elsewhere, disassembled, reproduced, bot controlled or crawled, duplicated, destroyed, tampered with, copied, sold, resold, or otherwise exploited for any purpose without express written consent from a legal representative of Pneuma Solutions.
Membership, Community, and Platform Engagement Standards
You herein agree to uphold and abide by the standards established by Pneuma Solutions. Pneuma Solutions cannot control submissions, comments (verbal or in text display), or conduct made by our members or website visitors.
Pneuma Solutions does not guarantee any accuracy, validity, control in explicitness, sexual or lewd behavior, integrity or quality of member or guest submissions. Therefore, Pneuma Solutions cannot and will in no way be held liable in any way for submissions or behavior causing personal or financial harm occurring from said submissions.
At any time, Pneuma Solutions has the right to, but is not bound or required to by law or assumed common practices, monitor, edit, modify, or delete any content or material for any reason.
Disclaimer of Warranties and Limitation of Liability
Services are provided “as is” without warranty of any kind either expressed or implied. Pneuma Solutions, its resellers, or any other Participating organizations do not warrant, guarantee, or make any representations regarding the use of or results from the use of the data in terms of correctness, accuracy, reliability, completeness, fitness for a particular purpose, guarantee of success, or any other assumed expectation.
Pneuma Solutions and the participating organizations shall not be liable for any loss or injury arising out of or caused in whole or in part by the acts or omissions of Pneuma Solutions or the participating organizations, their personnel, or their sources of information whether negligent or otherwise.
In no event shall Pneuma Solutions or the participating organizations be liable for any special, indirect, punitive, or consequential damages with respect to services provided or the data provided herein.
The above disclaimer extends to but not limited to all information, content, digital and intellectual material, digital products, and services on our platforms and websites and other images and content included elsewhere in this agreement.
Pneuma Solutions shall and will not be held liable for special circumstances or general inability to access its platforms, websites, content, community, e-mail or any other means of communications or methods of connecting to digital licensed products or services, resulting in a loss of data, capital, reputation, any punitive or physical damages.
Pneuma Solutions, through its previously stated content, digital or intellectual properties, and virtual events will not and shall not be held responsible for the success or failure, directly or indirectly, of any individual using our platform, website visitor, license holder or anyone making connection to our host servers through an IP address to their device.
Pneuma Solutions is also not liable for any linked 3rd party or external data, information, content, claims, websites, platforms, services or other forms of IP address connections originating from its platforms, websites, digital products, digital content, digital images, e-mail, blogs, and other digital properties forementioned in this agreement.
By the terms outlined in this document, including what constitutes the beginning of this agreement between you and Pneuma Solutions, you herein understand and agree Pneuma Solutions renounces and rejects to the fullest degree and extent permissible by law, any and all responsibility or liability for any content accuracy, completeness, legality, reliability, or availability of services, information, or material in the products and digital or intellectual properties.
You agree, Pneuma Solutions refutes, rejects, and accepts no responsibility or liability for damages of any kind for the deletion, failure to store, incorrect account information, or untimely delivery of any products, services, information, or content.
Additionally, you agree, Pneuma Solutions refutes, rejects, and accepts no responsibility or liability for any harm resulting from use of its products or services or 3rd party products, services, or content displayed through our platforms or websites, downloading or accessing any content or information through its products and services, including, without limitation, for harm caused by virtual robots, viruses, adware, ransomware, malware, the installation or use of any required or recommended hardware or software, similar corruption or destructive occurrences including, but not limited to direct, indirect, virtual, incidental, punitive, and consequential damages.
Pneuma Solutions refuses and disclaims any responsibility, liability warranty, guarantee regarding the reliability or access to subscriber log-in or access areas, or content storage or dispensation of information offered by Pneuma Solutions. Pneuma Solutions cannot and will not be held responsible or liable for content access, any service failures, disruptions, interruptions, connectivity problems on any platform, website, or service offered by Pneuma Solutions.
Membership Profile and Account
You understand and agree as a representative of your person or that of an authorized representative of an not-for-profit volunteer organization, for profit organization, or on behalf of an employer, when you submit personal, business, or organizational or information to our platforms and websites, including but not limited to photos, images, comments, or any kind of content in the form of a profile, community blog or website, forum comment or creation, or any form of public contribution on our websites, platforms, or affiliated accounts we have the right to delete, modify, amend, or display the information in a manner deemed appropriate by Pneuma Solutions.
By voluntarily sending or submitting information or material of any kind directly to, or on Pneuma Solutions platforms, websites, or member access areas you permit and forfeit the right for Pneuma Solutions to use it, and you accept sole responsibility for its appropriateness, integrity, and accuracy of the content as well as the consequences of the information within the content or material.
You agree this responsibility and liability is entirely yours, not Pneuma Solutions, for any and all information and material voluntarily submitted by you to Pneuma Solutions.
For more information concerning your privacy rights and our data collection and usage practices, we have provided you with our Privacy Policy openly and accessibly on our website.
You agree to indemnify and hold harmless Pneuma Solutions for any punitive or compensatory claims, demands, damages, costs, liability or damage to your personal property or finances resulting from your voluntary submission of intellectual or information included in your profile an anywhere else on our platform, website, community areas, or service submissions.
By posting, uploading, or contributing to our platforms, websites, membership areas, and communities you are personally liable for, and guarantee, information and content is accurate and in no way or manner will cause physical, personal, emotional, reputational, mental harm or distress, damage or injury to another individual.
Furthermore, you will indemnify Pneuma Solutions, its other companies, affiliates, sponsors, partners, and associates for any and all claims resulting from your conduct, engagement, interaction, participation in person, through virtual attendances, any written or verbal content submission.
Copyright Considerations
Pneuma Solutions respects and protects, to its reasonable ability, your intellectual property and others within this agreement.
If you believe your original copyrighted work has been infringed upon according to protections within the copyright laws, was copied or used outside the terms of this agreement between you and Pneuma Solutions LLC, contact us immediately.
Applicable Law
The laws of the State of Delaware shall govern this Agreement. If for any reason a court of competent jurisdiction finds any provision of this agreement, or portion thereof, to be unenforceable, the provision founded by said court of competent jurisdiction shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remaining substance of this Agreement will continue in full force and effect as originally drafted.
You agree, regardless of any contradicting statute or law, any claim or cause of action arising out of, or related to use of the platforms, websites, products or, services, or this Terms of Use must be filed within one (1) year after such claim or when the alleged cause of action first arose or, deemed forever barred from action.
Termination
You understand, and agree by the terms previously outlined within this agreement, Pneuma Solutions if at any time determines you have violated or breached the terms within this agreement, at its sole discretion, has the right to terminate its relationship with you in full, including but not limited to your membership, account, access to membership content and any other content, or use of Pneuma Solutions’ platform, websites, products, services, and any other offerings in part or in full.
Pneuma Solutions, in like manner may make determination and delete or discard any account access and discontinue service to you. Pneuma Solutions furthermore has the right to discontinue service to you under no fault of your own, without notice or advanced warning.
You agree termination of any relationship between you and Pneuma Solutions, deactivating your account, removing all and any personal content may occur at any time, immediately without advanced notice, barring you from access or further use of its service, products, websites, or platforms or any other offering under Pneuma Solutions or its related companies. You further agree Pneuma Solutions cannot or will not be liable to you or any 3rd party for any loss or damages from terminating your access to the service.
Notwithstanding the forementioned causes or reasons, in the event Pneuma Solutions becomes insolvent and chooses, or is ordered to, terminate its service, Pneuma Solutions will issue refunds up to a maximum of three months (90) days from the point of termination, to only those who have prepaid for services.
Recurring Billing Policy
Pneuma Solutions may engage your account in a recurring billing system. In such case, your membership will automatically continue until you notify us of cancellation, or we exercise our rights to terminate your account as previously stated within this agreement.
Cancelling your membership, account, subscription, or license can be done by you at any time by contacting us in writing, or if provisions allow within the site, by e-mail. Allow at least three (3) business days to process your request.
Any unused portion of any purchase may be forfeited at point of account termination and is not refundable.
Terms of Arbitration
Pneuma Solutions, and any legal representative of Pneuma Solutions, and you herein agree that any dispute resolution will be carried out in a binding, confidential, individual, and just arbitration process. You and Pneuma Solutions jointly agree, as part of this Terms of Use, to forfeit the right to file or attempt to carry out a lawsuit decided by judge or jury in any court of law.
Dispute is defined in the broadest possible meaning including but not limited to argument, disagreement, controversy, alleged violation of terms or contract, cause of unfavorable action, representation, or condition between you and Pneuma Solutions, or breach of this Terms of Use agreement.
These terms apply to any claim concerning or surrounding products or services or conduct (as outlined elsewhere in this agreement, whether owned or hosted by Pneuma Solutions).
This agreement is furthermore governed, interpreted, and enforced by the Federal Arbitration Act. Arbitration will be carried out by a single arbitrator agreed upon by both you and Pneuma Solutions. If either party, you or Pneuma Solutions, decide to bring claim to arbitration proceedings against the other, you or Pneuma Solutions must give written notice, through the United States Postal Service, and include full name, address, contact information of the party giving notice, the conditions arising to support the dispute, and intended or expected relief.
It is the sole responsibility of the sender to ensure the receiver has received the notice. Upon receipt of the notice, you and Pneuma Solutions may exercise the right to reach a settlement outside of arbitration within 45 (forty-five) days of receipt of the notice.
You and Pneuma Solutions must bring notification of claim against each other in your individual capacity and not as a plaintiff, part of a class or any form of a multi-claimant action.
This agreement mandates each party, you and Pneuma Solutions, pay for your own respective legal counsel or attorney fees. The exception is, if during arbitration it is founded a claim was brought against you or Pneuma Solutions frivolously, intentionally, or vengefully, or you or Pneuma Solutions purposefully made a false or unfounded claim without reasonable justification, the arbitrator must order the losing claimant to pay all arbitration, counsel, and other associated fees surrounding the arbitration process for both parties.
You and Pneuma Solutions shall operate in a good faith exchange of non-privileged documentation and information to be considered by the arbitrator. You and Pneuma Solutions agree to uphold a state of complete confidentiality throughout and after the arbitration proceedings. Confidentiality includes but not limited to facts supporting a claim or dispute, documents entered in for consideration, decisions made, settlements made, or any details brought forth during the proceedings except those 3rd parties which must be made privy as necessary for preparation to carry out the arbitration proceedings. In this case, all parties made known privileged and confidential information must follow the same rules within this agreement. In the event a 3rd party, engaged by you or Pneuma Solutions, breaks arbitration confidentiality and subsequently incurs an expense or reputation of you or Pneuma Solutions, the party who engaged the 3rd party must pay for associated costs as determined and ordered by the arbitrator.
The arbitrator shall provide, in writing, their final decision including ample documentation to support their impartial decision.
Term of Service Updates
Pneuma Solutions has the right to update, modify, or amend this agreement at any time for any reason at its own discretion.
We operate under the reasonable supposition your decision and choice to ignore or dismiss updates to this agreement without reading completely and fully, by no fault or control of Pneuma Solutions, fully and explicitly voids your right to hold Pneuma Solutions liable for any loss or damage of any kind outlined in this agreement or updated terms in their entirety.
