Terms and Conditions
Please read these conditions of use carefully. Performance Programs, Inc. has provided this Website to you or your representatives, such as employees or contractors, subject to the following terms and conditions. You accept them by the following actions: Using the Website, ordering from the Website or corresponding via the Website. Do not use this site if you do not agree to these terms.
This website includes:
- the web site: performanceprograms.com & shopping cart
This includes information such as technical, contractual, product, program, pricing, marketing, and other valuable information and content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials. Performance Programs makes no representation that this Website is appropriate or available for use in all locations. If you are using the Website on behalf of your employer, you represent and warrant that you are authorized to accept these terms on your employer’s behalf, and that your employer agrees to indemnify you and Performance Programs, Inc. for violations of these terms.
YOUR OBLIGATIONS AND CONDUCT
In consideration of your use of the Website, you agree to:
1) Provide accurate, current, and complete information about you as may be prompted by a registration form on the Website
2) Maintain the security of your password and identification
3) Maintain and promptly update the registration data, and any information you provide to Performance Programs, Inc., to keep it accurate, current and complete; and
4) Accept all risks of unauthorized access to information and registration data. you have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.
You are entirely responsible for all content that you upload, post or otherwise transmit via the Website. You agree not to upload post or otherwise transmit via the Website content that:
1) Is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Performance Programs, Inc. or other users of the Website
2) Includes unauthorized disclosure of personal information
3) Violates or infringes anyone’s intellectual property rights or
4) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Performance Programs, Inc. reserves the right to edit or remove content that violates these terms or that contains third-party commercial advertisements.
You agree that you will not use the Website to:
1) Transmit spam, bulk or unsolicited communications
2) Pretend to be Performance Programs, Inc. or someone else, or spoof Performance Programs, Inc.’s or someone else’s identity
3) Forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the services
4) Misrepresent your affiliation with a person or entity
5) Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Website
6) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or
7) Collect or store personal data about other users unless specifically authorized by such users.
CONFIDENTIALITY OF PERFORMANCE PROGRAMS, INC. INFORMATION
Should you obtain direct access via the Website to certain confidential information of Performance Programs, Inc. and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential, you must hold such confidential information in strict confidence. Title to confidential information remains with Performance Programs, Inc.
CONTENT SUBMITTED TO PERFORMANCE PROGRAMS, INC.
Performance Programs, Inc. does not routinely monitor content, but Performance Programs, Inc. and its designees reserve the right to monitor, restrict access to, edit or remove any content that is available via the Website.
DELIVERY OF E-MAIL
Performance Programs, Inc. will attempt to deliver all of the e-mail that is addressed to your e-mail address on Performance Programs, Inc.’s services. However, the nature of e-mail is such that Performance Programs, Inc. cannot guarantee delivery of such e-mail.
You agree to indemnify and hold Performance Programs, Inc. and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your content, Your use of or connection to the Website (including any use by you on behalf of your employer), your violation of the terms, or your violation of any rights of another.
NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
Performance Programs, Inc. may provide notice to you via email, regular mail, or posting notices or links to notices on the Website. Performance Programs, Inc. reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or your use of or access to them, with or without notice. Performance Programs, Inc. may also delete, or bar access to or use of, all related Information and files. Performance Programs, Inc. will not be liable to you or any third-party for any modification, suspension, or termination of the services, or loss of related information. Performance Programs, Inc. may amend these terms at any time by posting the amended terms on this Website.
ADVERTISEMENTS AND PROMOTIONS
Performance Programs, Inc. runs advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Performance Programs, Inc. found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Performance Programs, Inc. is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Performance Programs, Inc. advertisers on the Website.
You may find links to other Internet sites or resources on the Website. You acknowledge and agree that Performance Programs, Inc. 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 on or available from such sites or resources. Performance Programs, Inc. will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss 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.
INTELLECTUAL PROPERTY RIGHTS
You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Performance Programs, Inc. discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
“Performance Programs, Inc. Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Performance Programs, Inc. uses in connection with its products and services. You agree to comply with the Performance Programs, Inc. You may not remove or alter any Performance Programs, Inc. Trademarks, or co-brand your own products or material with Performance Programs, Inc. trademarks, without Performance Programs, Inc.’s prior written consent. You acknowledge Performance Programs, Inc.’s rights in Performance Programs, Inc. Trademarks and agree that any use of Performance Programs, Inc. Trademarks by you shall inure to Performance Programs, Inc.’s sole benefit. You agree not to incorporate any Performance Programs, Inc. Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
Performance Programs, Inc. is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please contact us using the Contact Us page of the Website.
Unless explicitly stated herein, nothing in these terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download content owned by Performance Programs, Inc. on this Website provided that:
1) The copyright notice pertaining to the content remains, and a permission notice (e.g., “Used with permission”) is added to such content
2) The use of such Content is solely for personal and non-commercial use
3) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials and
4) No modifications are made to such content. This permission terminates automatically without notice if you breach any of the terms or conditions in this section. Upon termination, you must immediately destroy any downloaded and/or printed Content.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT (AS DEFINED IN THE ABOVE SECTIONS IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. PERFORMANCE PROGRAMS, INC. DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PERFORMANCE PROGRAMS, INC. MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
PERFORMANCE PROGRAMS, INC. MAKES NO WARRANTY OR REPRESENTATION THAT:
1) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE
3) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR
4) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMITTED BY LAW, PERFORMANCE PROGRAMS, INC. IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF PERFORMANCE PROGRAMS, INC. HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO:
1) THE USE OF OR THE INABILITY TO USE THE WEBSITE
2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE
3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR
4) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
The Terms constitute the entire agreement between you and Performance Programs, Inc. relating to their subject matter, and cancel and supersede any prior versions of the terms. No modification to the Terms will be binding, unless in writing and signed by an authorized Performance Programs, Inc. representative. You must not assign or otherwise transfer the terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Performance Programs, Inc. or third-party products or services.
You agree that any material breach of the terms will result in irreparable harm to Performance Programs, Inc. for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Performance Programs, Inc. will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Performance Programs, Inc. seeks such an injunction.
Connecticut law and controlling U.S. federal law govern any action related to the terms and/or your use of the Website. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the terms. You and Performance Programs, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within Connecticut, U.S.A.
Services, Content, and product derived or obtained from this Website may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall
1) Obtain any export, re-export, or import authorizations required by U.S. or your local laws
2) Not use Services, Content, or direct product from this Website to design, develop or produce missile, chemical/biological, or nuclear weaponry; and
3) not provide Services, Content, or direct product from this Website to prohibited countries and entities identified in the U.S. export regulations.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
Any express waiver or failure to exercise promptly any right under the terms will not create continuing waiver or any expectation of non-enforcement. If any provision of the terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the terms will remain in full force and effect.