If you do not agree with any of these terms, do not access or otherwise use this Site or any information or materials contained on the Site. Your use of the Site shall be deemed to be your agreement to abide by all of the terms set forth below.
Use of Copyrighted Materials/Trademarks
All materials on the Site, including without limitation all documentation, content, text, data, graphics, images, video, interfaces or other materials or works of authorship, (the "Materials") are copyrighted materials owned by or licensed to Performance Thinking. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by Performance Thinking and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the Site, you are hereby authorized to view, download, and print the Materials solely for your personal use and not for resale or distribution, subject to the following conditions:
- All copies of the Materials or portion thereof must include the Performance Thinking copyright notice.
- None of the Materials may be changed or adapted or used to develop derivative works.
- Performance Thinking reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Performance Thinking.
All products, processes, methodologies and technologies described in the Materials or offered for sale through the Site are subject to intellectual property rights reserved by Performance Thinking, its affiliates, or third parties. Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Performance Thinking, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to Performance Thinking, its affiliates, and/or any third party, as applicable.
Web Site Links
Links to this Site: You are granted a limited, nonexclusive right to create a hypertext link to the Site provided that such link is to the entry page of the Site and does not portray Performance Thinking or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Performance Thinking trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of Performance Thinking.
Links to Third Party Web Sites: The Site may be linked to other web sites that are not affiliated with, under the control of, or otherwise maintained by Performance Thinking. If you use these links, you may leave the Site. Performance Thinking has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Performance Thinking does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.
Registration – Password and User Responsibilities
Certain areas of the Site may be accessible only to registered users. If you register, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Performance Thinking if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your account, whether or not you are the individual who undertakes such activities.
Registration - Privacy
Our Business Use of Information: Performance Thinking fully respects your rights to privacy and utilizes the following practices in regards to any information we are provided or obtain about users of the Site. Common items of information we may require include, but are not limited to, your name, address, phone number, email and credit card number. By providing this information to us, you are agreeing to allow us to utilize this information to complete all transactions and communications with you through this Site or by phone, and to disclose that information and details of all such transactions to Performance Thinking’s staff and any payment processors, registration service companies, shipping companies, hotels, or other service companies we may use in the course of our business. We may use such personal information for email notices and newsletters to you. Each such communication will include an opt-out option.
Certain Business Transfers. Personal information may be disclosed or transferred as part of a corporate business transaction, such as a marketing relationship, merger or acquisition, joint venture, corporate reorganization, financing or sale of company assets. It may also be disclosed in the event of insolvency, bankruptcy or receivership in which personal information could be transferred to third parties as one of the business assets in the transaction.
Legal Process: We may disclose personal information to comply with the law (e.g., a lawful subpoena); to enforce or apply any contracts or agreements; to initiate, render, bill, and collect for products or services; to protect our rights or property; in connection with claims, disputes, or litigation; to protect ourselves, or other customers from the harmful acts of others (e.g., theft, fraud, or abuse); or if we determine disclosure of personal information is necessary in an emergency.
Access to Personal Information: We do not maintain all personal information in a form that can be accessed or updated by you and some items may not be changed (e.g., transaction records). Performance Thinking will have sole discretion to determine how records will be maintained, accessed, modified, or destroyed.
Automatically Collected Personal Information. We receive certain types of personal information automatically whenever you access the Site. For example, when your web browser accesses our site, we obtain certain types of personal information, such as your IP address, the type of browser you use, and the page you visited before visiting our site. We use "cookies" or other tracking mechanisms to help support the integrity of registration and buying processes on our site.
Security of Personal Information: Performance Thinking takes physical, electronic, and procedural measures to protect personal information from unauthorized access, use, or disclosure while it is under our control. Even so, security breaches and mistakes can and do happen and we do not guarantee the security of personal information. We employ Secure Sockets Layer (SSL) technology to encrypt during transmission the payment card personal information you input when placing an order on our site. SSL is a commonly employed method of encrypted communication used on the Internet. Except for those transmissions, you should assume the site is not encrypted. Email communications and online chat are not encrypted, so do not include sensitive personal information in them.
What Can You Do To Protect Personal Information: At any time, if you believe personal information about you within our control has been accessed by unauthorized persons, please contact us. Please note that an important part of ensuring the security of personal information is your own effort to protect it against unauthorized access or use.
Prohibited Submissions: You agree not to use the Site to send or post any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. Performance Thinking reserves the right to delete any material which it may determine, in its sole discretion, is inappropriate for the Site. Performance Thinking will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the terms contained in this section. You agree not to post or use the Site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio files. Without limiting the foregoing, you agree not to submit or post any material that violates any copyright, trademark, trade secret or other proprietary right of any third party.
License to Use Submissions: All material, information or ideas you transmit to or post on the Site by any means will be treated as non-confidential and non-proprietary. By transmitting or posting materials of any kind, you grant Performance Thinking a perpetual, royalty-free, worldwide license to use such material in any way and for any purpose, including but not limited to copying, distributing, publishing, and preparing derivative works, which Performance Thinking shall have the right to Copyright.
Remedies for Breach of These Terms by You
In the event that Performance Thinking determines, at its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the community of this Site, Performance Thinking reserves the right to take any action it determines in its sole discretion is appropriate, including but not limited to: (i) warning you via e-mail that you have violated these Terms; (ii) deleting any content provided by you or your agent(s) to this Site, (iii) discontinuing your registration with this Site and/or any other Performance Thinking community; and (iv) notifying and/or sending content to and/or fully cooperate with the proper law enforcement authorities for further action.
DISCLAIMER OF WARRANTIES
Performance Thinking makes no and hereby disclaims all warranties, express or implied, or statutory, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights, compliance with Federal, State and local regulations, the accuracy, timeliness, relevance or completeness of the contents or any other warranties regarding the service, site, content, or the quality, suitability, truth, accuracy, timeliness, relevance and completeness of any content contained on the Site. You acknowledge and agree that Performance Thinking does not warrant that access to the service and the site will be uninterrupted, error-free or without compromise or infiltration of security systems.
LIMITATION OF LIABILITY
Neither Performance Thinking nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable to you or any third party claiming through you for any damages in connection with your inability to use the Site or any content appearing on the Site. In no event will Performance Thinking be liable to you or any third party claiming through you for any direct, indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether Performance Thinking has been advised of the possibility of such damages. Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of Performance Thinking for damages under these terms exceed one hundred dollars ($100.00).
You agree to indemnify and hold Performance Thinking each of its affiliates and all of its and its affiliates’ directors, officers, employees and consultants harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your use of the Site, the violation of these Terms by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
You agree that Performance Thinking can unilaterally revise these Terms at any time without notice by updating this posting on the Site. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.
Performance Thinking can be reached using the contact information on the Contact Page of this Site.