(Last updated 02/01/2015)
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU SHOULD LEAVE THE WEBSITE IMMEDIATELY. BY CONTINUING TO USE OR VISIT THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS.
You agree that by using this website you do not obtain ownership rights in any of the website’s text, design, code, graphics or any other aspect of its content. You acknowledge Performance Culture’s intellectual property rights in the same and agree not to copy or reproduce any component of the website in any medium (or use any framing techniques to display any aspect of the website) without the advance, written permission of Performance Culture, Inc., a North Carolina corporation (“Performance Culture”). Performance Culture and other names, slogans, and graphics on this website are state, federal, and/or common law trademarks of Performance Culture. Other marks used on the website may be the property of Performance Culture and/or other companies. Your limited license to use the website is not a grant of any interest or broader license in any trademarks or copyrighted material appearing on the website.
You agree not to attempt to gain unauthorized access to any portion of the website or to circumvent any of the website’s security features. You further agree not to take any actions that would interfere with the website’s operations.
If you have been given a password to access a secured area of the site, you agree to keep your password confidential and agree to notify Performance Culture if your account has been compromised.
You agree that you are at least 13 years of age and that, if you are under 18 years of age, you have been given permission by a parent or guardian to access the website.
This website is designed for use by adults residing in the United States. If you access this 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 may not use the website to break any law. If your actions using the website cause harm to Performance Culture or any third party, you agree to indemnify Performance Culture, its employees, agents, directors, subsidiaries and affiliates, from any and all claims, losses, and damages including attorneys’ fees.
If you ever 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 language, will not infringe on the intellectual property rights of any third parties, and will not defame anyone. Performance Culture performance management 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 will be deemed non-proprietary and will become the property of Performance Culture with no compensation of any kind due to you for any use by Performance Culture including, without limitation, the reposting or display of such commentary or ideas. By submitting such information to Performance Culture and/or its affiliates, you acknowledge that Performance Culture may use that information for commercial and non-commercial purposes and you represent and warrant that you have the ability to lawfully grant Performance Culture all rights in your submission.
You represent and warrant that you have the necessary rights to upload or post the content you submit to the website and indemnify Performance Culture and its agents and affiliates from any harm that may result from your uploading or posting of content and/or any harm to the intellectual property rights of others based on Performance Culture’s use of the performance management content or idea.
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 shall be accurate.
You agree that Performance Culture has no obligation to allow you to use the website and that your access may be denied at any time for any reason.
Your use of this 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 this website (including, but not limited to, statements made within diaries or other posts) or representations as to the percentage or length of time the website will be available for public access. Performance Culture has no duty to update or maintain this website. Performance Culture assumes 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 this website or your downloading of any materials, from this 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.
PERFORMANCE CULTURE DISCLAIMS ANY AND ALL LIABILITY FOR THE PUBLIC PORTIONS OF THIS WEBSITE. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. PERFORMANCE CULTURE DOES NOT REPRESENT THAT USE OF THE SITE WILL BE WITHOUT PROBLEMS OR WILL BE UNITERRRUPTED.
Under no circumstances will Performance Culture, its employees, officers, directors, agents, affiliates, shareholders, parent companies, successors, assigns, vendors, or partners be liable to any party for any indirect, punitive, incidental or consequential damages (including but not limited to lost profits, lost data, or interruption of business activities) whether or not notice of the possibility of such damages has been provided, and whether the claim or action is based on contract, warranty, tort, or any other legal theory.
The total liability of Performance Culture for any dispute related to your use of the website shall not exceed $100. This disclaimer applies to any damages, liability or injuries including but not limited to any caused by failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, virus, communication failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
AS PROVIDED ABOVE, SEE THE SEPARATE END USER AGREEMENT FOR WARRANTY, DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY PROVISIONS THAT APPLY TO YOUR USE OF THE SYSTEM ACCESSED THROUGH THE WEBSITE BY PAYING A SUBSCRIPTION FEE TO PERFORMANCE CULTURE.
If any of aspect of these Website Terms and Conditions is deemed invalid or unenforceable, that condition shall not affect the validity and enforceability of any remaining term.
Performance Culture, Inc.
1900 Eastwood Road
Wilmington, NC 28403