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| About Us | |||||||||||
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Persontation is a wholly owned intellectual property of the Pondera Group, LLC.
The management team of the Pondera Group has been working on the Persontation concept since January 2007. The Pondera Group was officially incorporated in Pennsylvania in July 2007.
The members of the management team are all heavily involved the development of the Persontation software as well as the selling and administrative functions needed to build the Persontation brand into the single most trusted name in professional internet video.
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| Why Persontation | |||
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Are You already using Persontation? Click Best Practices to find out the most effective way to use the tool.
A few years ago it was said that every company should have an online presence. It is now advantageous for every employee in a company have his or her own online presence. We are taking it a step further and pushing for every employee in every company to have an online presence for each individual client or prospect they interact with. Persontation makes this happen, and makes it simple. Now you can send a professional online video presentation within minutes, even with very basic computer knowledge. Please read on to learn more or click here to see an example. Benefits
What is contained in a Persontation? Persontation is designed to give the recipient of your message all that he or she needs to understand your deliverable. The message is comprised of three layers, all serving a unique but important purpose. The Hook: Video and Supporting Bullet Points The Follow-Up: Detailed Solution Box The Close:
Attachments What Are the Uses of Persontation? The simple answer is that Persontation can be used by anyone for anything, but here are a few examples:
Persontation is a subscription based product. There is a free subscription, individual paid subscriptions, and corporate licensing subscriptions. The first two models are priced based on the number of active Persontations you would like to have published at one time. You have the option of storing as many inactive presentations as active Persontations your package allows. An example:
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| End User License Agreement - Free Version | |||||||||||||||
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License 1. Under this End User License Agreement (the "Agreement"), The Pondera Group, LLC (the "Vendor") grants to the user (the "Licensee") a non-exclusive and non-transferable license (the "License") to use Persontation (the "Software"). 2. "Software" includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product. 3. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software. Designated user is limited to the individual who is assigned to the account. There may be only one designated user per license agreement. 4. The Software may be logged onto no more than one computer at a time. The software may only be used by the designated user while using his/her designated username and password. 5. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties. 6. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies. 7. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
Limitation of Liability 9. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee. 10. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry. 11. Except as otherwise provided herein, Licensee acknowledges and agrees that neither Vendor nor its agents, nor any of their respective members, shareholders, directors, officers, employees or representatives (collectively the "Vendor Parties") will be liable to the Licensee or any of the Licensee’s customers for any special, indirect, consequential, punitive or exemplary damages, or damages for lost profits or savings, in connection with this Agreement, its performance or breach. If despite the foregoing limitations, any of the Vendor parties should become liable to Licensee or any other person (a "Claimant"), the maximum aggregate liability of the Vendor Parties shall be limited to the maximum of the original purchase price of the Software. 12. Licensee shall indemnify, defend and hold harmless, Vendor and its agents and all Vendor Parties (the "Indemnified Parties") from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded against any of the Indemnified Parties in connection with Licensee’s activities under this Agreement, including, without limitation, claims brought by a person using or relying on any advice given or publication produced and distributed by Licensee or by any Government Agency. 13. Licensee may terminate this Agreement at any time upon 10 days notice if Licensor is materially in breach of this Agreement for a period of more than 15 days. Licensor shall be allowed to cure the breach during the notice period, thus pre-empting Licensee’s ability to terminate the Agreement in accordance with this section. 14. The Licensor may terminate this Agreement by written notice to the Licensee if the Licensee becomes insolvent, suffers or permits the appointment of a receiver for its business or assets, becomes subject to any proceeding under any bankruptcy or insolvency law whether domestic or foreign, or is wound up or liquidated, voluntarily or otherwise. If Licensor becomes insolvent, is placed in receivership, or in Bankruptcy, this Agreement will terminate and all software shall be returned to the Licensor. Warrants and Representations 15. The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute. Acceptance 16. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") on registration of the Software with the Vendor. Term 17. The term of this Agreement will begin on Acceptance and will continue for a period of one year. At the end of the term of this Agreement, the Agreement will automatically be renewed for another year unless Licensee notifies Vendor via certified mail at the address specified in this Agreement and at least thirty (30) days prior to the conclusion of the one year period that he no longer wishes to have a License for the Software. If no notice of cancellation is sent to the Vendor via certified mail within this thirty day period, the terms of this Agreement shall continue to be renewed annually ad infinitum until notice is given to Vendor thirty days prior to the conclusion of the next one year period in conformance with the provisions of this paragraph. Termination 18. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor. Force Majeure 19. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event. Governing Law 20. The Parties to this Agreement submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the Commonwealth of Pennsylvania. Jurisdiction for all disputes under this Agreement shall rest solely in Montgomery County, Pennsylvania and/or in the Eastern District of Pennsylvania. Miscellaneous 21. This Agreement can only be modified in writing signed by both the Vendor and the Licensee. 22. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee. 23. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa. 24. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result. 25. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties. 26. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns. 27. Licensee shall not disclose the Confidential Information of Vendor to any third party without the prior written consent of Vendor, nor shall Licensee disclose the terms or contents of this Agreement to any third party who is not bound to maintain the confidentiality between the parties. 28. Should it be necessary to institute any action to enforce the terms of this Agreement, the parties hereby agree that the prevailing party in any such action shall be entitled to recover its reasonable attorneys’ fees, which shall include all costs of litigation, including, but not limited to court costs, filing fees, and expert witness fees but shall not include any traveling expenses. Further, the attorney fees and costs include the costs for any appeals. This paragraph shall remain separate from any judgment entered to enforce its terms and shall entitle the prevailing party to attorneys fees and costs incurred in connection with post judgment collection and enforcement efforts. 29. Licensee undertakes not to perform any illegal actions or transactions in its use of the Software. Upon written Notice from the Vendor that Licensee is committing an illegal act, Licensee shall immediately take action to terminate the illegal act. If not cured within 5 working days, Vendor may, at its sole option, terminate this agreement without further notice. Notices All notices to the Vendor under this Agreement are to be provided at the following address:
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| End User License Agreement | |||||||||||||||
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License 1. Under this End User License Agreement (the “Agreement”), The Pondera Group, LLC (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable license (the “License”) to use Persontation (the “Software”). 2. “Software” includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product. 3. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software. Designated user is limited to the individual who is assigned to the account. There may be only one designated user per license agreement. 4. The Software may be logged onto no more than one computer at a time. The software may only be used by the designated user while using his/her designated username and password. 5. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties. 6. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies. 7. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement. License Fee 8. The original purchase price paid by the Licensee will constitute the entire license fee for one year and is the full consideration for this Agreement. Limitation of Liability 11. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry. 12. Except as otherwise provided herein, Licensee acknowledges and agrees that neither Vendor nor its agents, nor any of their respective members, shareholders, directors, officers, employees or representatives (collectively the “Vendor Parties”) will be liable to the Licensee or any of the Licensee’s customers for any special, indirect, consequential, punitive or exemplary damages, or damages for lost profits or savings, in connection with this Agreement, its performance or breach. If despite the foregoing limitations, any of the Vendor parties should become liable to Licensee or any other person (a “Claimant”), the maximum aggregate liability of the Vendor Parties shall be limited to the maximum of the original purchase price of the Software. 13. Licensee shall indemnify, defend and hold harmless, Vendor and its agents and all Vendor Parties (the “Indemnified Parties”) from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded against any of the Indemnified Parties in connection with Licensee’s activities under this Agreement, including, without limitation, claims brought by a person using or relying on any advice given or publication produced and distributed by Licensee or by any Government Agency. 14. Licensee may terminate this Agreement at any time upon 10 days notice if Licensor is materially in breach of this Agreement for a period of more than 15 days. Licensor shall be allowed to cure the breach during the notice period, thus pre-empting Licensee’s ability to terminate the Agreement in accordance with this section. 15. The Licensor may terminate this Agreement by written notice to the Licensee if the Licensee becomes insolvent, suffers or permits the appointment of a receiver for its business or assets, becomes subject to any proceeding under any bankruptcy or insolvency law whether domestic or foreign, or is wound up or liquidated, voluntarily or otherwise. If Licensor becomes insolvent, is placed in receivership, or in Bankruptcy, this Agreement will terminate and all software shall be returned to the Licensor. Warrants and Representations 16. The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute. Acceptance 17. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) on registration of the Software with the Vendor. Term 18. The term of this Agreement will begin on Acceptance and will continue for a period of one year. At the end of the term of this Agreement, the Agreement will automatically be renewed for another year unless Licensee notifies Vendor via certified mail at the address specified in this Agreement and at least thirty (30) days prior to the conclusion of the one year period that he no longer wishes to have a License for the Software. If no notice of cancellation is sent to the Vendor via certified mail within this thirty day period, the terms of this Agreement shall continue to be renewed annually ad infinitum until notice is given to Vendor thirty days prior to the conclusion of the next one year period in conformance with the provisions of this paragraph. Termination 19. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor. Force Majeure 20. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event. Governing Law 21. The Parties to this Agreement submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the Commonwealth of Pennsylvania. Jurisdiction for all disputes under this Agreement shall rest solely in Montgomery County, Pennsylvania and/or in the Eastern District of Pennsylvania. Miscellaneous 22. This Agreement can only be modified in writing signed by both the Vendor and the Licensee. 23. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee. 24. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa. 25. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result. 26. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties. 27. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns. 28. Licensee shall not disclose the Confidential Information of Vendor to any third party without the prior written consent of Vendor, nor shall Licensee disclose the terms or contents of this Agreement to any third party who is not bound to maintain the confidentiality between the parties. 29. Should it be necessary to institute any action to enforce the terms of this Agreement, the parties hereby agree that the prevailing party in any such action shall be entitled to recover its reasonable attorneys’ fees, which shall include all costs of litigation, including, but not limited to court costs, filing fees, and expert witness fees but shall not include any traveling expenses. Further, the attorney fees and costs include the costs for any appeals. This paragraph shall remain separate from any judgment entered to enforce its terms and shall entitle the prevailing party to attorneys fees and costs incurred in connection with post judgment collection and enforcement efforts. 30. Licensee undertakes not to perform any illegal actions or transactions in its use of the Software. Upon written Notice from the Vendor that Licensee is committing an illegal act, Licensee shall immediately take action to terminate the illegal act. If not cured within 5 working days, Vendor may, at its sole option, terminate this agreement without further notice. Notices All notices to the Vendor under this Agreement are to be provided at the following address:
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