Website Terms of Use


(Last updated March 18th, 2021)

These Website Terms of Use (“Terms of Use”) must be agreed to by all visitors and users (“you”) of this website at PerformanceCulture.com (the “Website”), owned and operated by Performance Culture, Inc., a North Carolina corporation (“Performance Culture”; “we”; “us”; “ours”). These Terms of Use may be modified periodically. The date of the most recent revision is displayed above. You should visit the Website periodically and review these Terms of Use for changes. You agree that you have read our Privacy Policy, which is also available on the Website and is incorporated herein by reference.

 

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD LEAVE THE WEBSITE IMMEDIATELY. BY CONTINUING TO USE OR VISIT THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

 

The Website and its entire contents, features and functionality (including but not limited to all information, text, graphics and images, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Performance Culture is the owner of the service mark Performance Culture and all of its associated logos and stylized renderings; other third party company and product names and logos appearing on the Website are trademarks and/or service marks of their respective owners.

 

You may download and print materials from the Website only for viewing, reading, and retaining them for your reference. Any other copying, distribution, reproduction, retransmission, or modification of information or materials on this Website, whether in electronic or hard copy form, without our express prior written permission, is strictly prohibited.

If you create an account or upload or post any content to the public portions of the Website, you agree not to misrepresent your identity or use any information (including, but not limited to an email address) belonging to anyone else. You agree that all information you provide via the Website will be accurate. If you have been given a password to access a secured area of the Website, you agree to keep your password confidential and notify Performance Culture immediately if your account has been compromised.

We may deny your access to the Website at any time if we believe you have violated the Terms of Use, or to protect our interests. If Performance Culture believes you have violated these Terms of Use, it may disclose information it has gathered about you in accordance with our Privacy Policy.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. If you access the Website from outside the United States, you are responsible for complying will all local rules and regulations. Some functionality may not be available outside the United States.

 

You must not use the Website:

 

  • In any way that violates any applicable federal, state, local or foreign law or regulation (including, without limitation, any laws regarding the export of data to and from the U.S., or other countries).
  • To engage in any conduct that we believe may harm us or any users of the Website or expose us or them to liability.
  • In any manner that could disable, overburden, interfere with the Website’s proper functioning, or impair it; or interfere with anyone else’s use of the Website.

 

Your further agree not to:

 

  • Introduce to or through the Website any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, or attack the Website via a denial of service attack.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

 

If you upload any material to the public portions of the Website or post any comments on the public portions of the website, you represent and warrant that such content and posts will comply with all laws and regulations, will not contain any obscenities, or foul or defamatory language; and will not infringe on the intellectual property rights of any third parties. Performance Culture has the right, but not the obligation, to review and/or remove any user-posted material.

 

Any general content, ideas or suggestions you submit through the Website (“Submissions”) will be deemed non-proprietary and non-confidential, and will be owned by Performance Culture with no compensation of any kind due to you. We may use all Submissions in any commercial or non-commercial manner, including without limitation, the reposting or display of Submissions. You represent and warrant that you have the necessary rights to upload or post your Submissions.

The Website contains hypertext links to information created and maintained by third parties. These links are provided solely for your convenience. We do not control or guarantee the accuracy, relevance, timeliness, or completeness of any information posted on any of the third party websites that are linked to from the Website, nor do we endorse any products or services that may be offered on such third party websites.

Your use of the Website is at your own risk. Neither Performance Culture nor its owners, authors, or affiliates offer any representations as to the completeness, timeliness, or accuracy of the public portions of the Website (including, but not limited to, posted statements or other content) or representations as to availability of the Website for public access. Performance Culture has no duty to update or maintain the Website. We assume no responsibility, and shall not be liable for, any damages to your computer, telecommunications device, or other property or equipment caused by or arising from your access to, use of, or browsing the Website or your downloading of any materials, from the Website, whether or not the damage is caused by a virus, malicious actions of a third party, ordinary operations, or any other source of harm.

THE WEBSITE AND MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY TYPE, AND PERFORMANCE CULTURE DISCLAIMS ALL WARRANTIES OF ANY TYPE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. PERFORMANCE CULTURE DOES NOT REPRESENT THAT USE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED.

Under no circumstances will Performance Culture, its AFFILIATES, and their respective employees, officers, directors, agents, successors, assigns, OR vendors, be liable to YOU OR any other party for any indirect, punitive, incidental or consequential damages (including but not limited to lost profits, OR RELATING TO lost data or interruption of business activities) whether or not Performance culture has notice of the possibility of any such damages, and whether the claim or action is based on contract, warranty, tort, or any other legal theory.  in addition, The total aggregate liability of Performance Culture and its affiliates for any claims arising out of any dispute or claim related to your use of the website shall not exceed $100.

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior understandings, agreements, representations and warranties, both written and oral, with respect to the Website.  Performance Culture’s failure to insist on strict compliance with any of these Terms of Use will not constitute a waiver. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. These Terms of Use and any disputes related thereto shall be governed by the laws of the State of North Carolina and you consent to the state and federal courts of North Carolina as the exclusive venues for resolving any conflicts related to these Terms of Use, without regard to the state’s conflict of law provisions. You further consent to personal jurisdiction in the state and federal courts of North Carolina. If any provision of these Terms of Use is deemed invalid or unenforceable, it shall not affect the validity and enforceability of the other provisions.  In the event that you violate these Terms of Use, you agree that Performance Culture will be subjected to irreparable harm and therefore would be entitled to injunctive relief without the posting of a bond. This remedy is in addition to any other remedy available to us in law or equity. If Performance Culture should take legal action against you, you agree to pay all attorneys’ fees and costs of such action.

If you believe that any aspect of the Website infringes or violates your intellectual property rights in any way, or you have any questions about these Terms of Use, please notify us immediately at:

Performance Culture, Inc.
1900 Eastwood Road
Suite 11
Wilmington, NC 28403

[email protected]