Thank you for visiting this web site. This web site has been made available to you subject to your compliance with the Terms and Conditions set forth below (the "Conditions of Use"). Please read this document carefully before accessing or using this web site. By accessing or using this web site, you are agreeing to be bound by the Conditions of Use. If you do not wish to be bound by the Conditions of Use, you may not access or use the web site.
Conditions of Use
This web site reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on this web site. Your continued access of this web site shall be deemed your conclusive acceptance of any modified agreement.
When you visit this web site or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Copyright and Licenses
The entire contents of this web site, including but not limited to: text, graphics, logos, button icons, Flash movies, videos, images, audio clips, digital downloads, data compilations, and software, are the property of this web site or its content suppliers and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the web site contents without the prior express written consent of this web site owner.
You may print or download only those materials from areas where permission is given to do so, however, all copyright or proprietary notices from these materials still apply.
Your submissions of files including, but not limited to: resumes, cover letters, e-mail, Flash movies, videos, images, logos, audio loops, and other software hereby constitutes your agreement to grant this web site owner a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions, unless otherwise specified by an agreement made in writing by you and this site. You also grant this web site the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.
License and Web Site Access
This web site owner grants you limited license to access and personally use of this web site and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of this web site. This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of this web site.
You may not frame or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of this web site without the express written consent of this web site.
Meta Tags and Linking
You may not use META tags or any other "hidden text" which utilize this web site name or any other derivatives of our domain, company name or registered trademarks without the express written consent of this web site owner. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the Home Page of this web site so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.
Due to the exposed nature of the Web, it is further understood and agreed that this web site cannot and does not guarantee or warrant that files made available for downloading through this web site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through this web site are free from such contaminations.
Disclaimer of Warranty/Limitation of Liability
THIS WEB SITE AND RELATED INFORMATION IS PROVIDED BY this web site, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. This web site, LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEB SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, this web site, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This web site DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM this web site ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. This web site WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
This web site USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. This web site ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITHOTHER INCORRECT INFORMATION, this web site SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY this web site IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO this web site FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN APRODUCT WILL BE AT THE BUYER'S EXPENSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Third Party Links
Linked web sites are not under the control of this web site and this web site is not responsible for the contents of any linked site or any link contained in a linked site. This web site provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by this web site of the site or it's material.
By visiting the this web site, you agree that the laws of the respective state, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and this web site owner.
Any dispute relating in ay way to your visit or access of the this web site or to the products or services you purchase through the this web site shall be submitted to binding arbitration in the respective state, except that, to the extent you have in any manner violated or threatened to violate this web site or intellectual property rights, this web site may seek injunctive or other appropriate relief in any state or federal court in the respective state, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
You agree to indemnify, defend, and hold harmless this web site owner, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the web site from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of this web site.
Given the global nature of the Web, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. This web site may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
Request and Address
Please review the Contact Us page for the most up to date contact information.
Copyright © 2009, Performance Contracting Group, Inc. All Rights Reserved. All other trademarks listed are the property of their respective owners.
Revision: April, 2009