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Welcome to the Performance Network Solutions website. We maintain this web
site as a service to our customers. By using our site, you are agreeing to
comply with and be bound by the following terms of use. Please review the
following terms carefully. If you do not agree to these terms, you should
not review information, use services or obtain goods or products from this
site or referred by this site.
1. Acceptance of Agreement. You agree to the terms and conditions outlined
in this Terms of Use Agreement ("Agreement") with respect to our site (which
will now be referred to as the "Site"). This Agreement constitutes the
entire and only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and understandings
with respect to the Site, the content, products or services provided by or
through the Site, and the subject matter of this Agreement. This Agreement
may be amended at any time by us from time to time without specific notice
to you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property) rights. The
copying, redistribution, use or publication by you of any such matters or
any part of the Site, except as allowed by Section 4, is strictly
prohibited. You do not acquire ownership rights to any content, document or
other materials viewed through the Site. The posting of information or
materials on the Site does not constitute a waiver of any right in such
information and materials.
3. Trademarks. Some products, phrases and company names mentioned on the
Site may be trademarks of their respective owners.
4. Limited Right to Use. The viewing, printing or downloading of any
content, graphic, form or document from the Site grants you only a limited,
nonexclusive license for use solely by you for your own personal use and not
for republication, distribution, assignment, sublicense, sale, preparation
of derivative works or other use. No part of any content, form or document
may be reproduced in any form or incorporated into any information retrieval
system, electronic or mechanical, other than for your personal use (but not
for resale or redistribution). Exception: This limitation of use is not
related to other sites/links referred by the Site.
5. Editing, Deleting and Modification. We reserve the right in our sole
discretion to edit or delete any documents, information or other content
appearing on the Site.
6. Indemnification. You agree to indemnify, defend and hold us and our
partners, attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this Agreement or
use of the Site.
7. Nontransferable. Your right to use the Site is not transferable. Any
password or right given to you to obtain information or documents is not
transferable.
8. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE ARE
PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR
YOUR USE OF ANY INFORMATION , SERVICES AND PRODUCTS. IN PARTICULAR, BUT NOT
AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS
SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY
DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING
THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT
FROM USE OF OR INABILITY TO USE OUR SITE.
9. Use of Information. We reserve the right, and you authorize us, to the
use and assignment of all information regarding Site uses by you and all
information provided by you in any manner consistent with our Privacy
Policy.
10. Third-Party Services. We allow access to or advertise third-party
merchant sites ("Merchants") from which you may purchase certain goods or
services. You understand that we do not operate or control the products,
information or services offered by Merchants. Merchants are only responsible
for all aspects of order processing, fulfillment, billing and customer
service. We are not a party to the transactions entered into between you and
Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS
WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR
NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES
ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR
SITE.
11. Third-Party Merchant Policies. All rules, policies (including privacy
policies) and operating procedures of Merchants will apply to you while on
such sites. We are not responsible for information provided by you to
Merchants. We and the Merchants are independent contractors and neither
party has authority to make any representations or commitments on behalf of
the other.
12. Privacy Policy. Our Privacy Policy, as it may change from time to time,
is a part of this Agreement.
13. Payments. You represent and warrant that if you are purchasing something
from us or from Merchants that (i) any credit information you supply is true
and complete, (ii) charges incurred by you will be honored by your credit
card company, and (iii) you will pay the charges incurred by you at the
posted prices, including any applicable taxes.
14. Securities Laws. This Site may include statements concerning our
operations, prospects, strategies, financial condition, future economic
performance and demand for our products or services, as well as our
intentions, plans and objectives, that are forward-looking statements. These
statements are based upon a number of assumptions and estimates which are
subject to significant uncertainties, many of which are beyond our control.
When used on our Site, words like "anticipates," "expects," "believes,"
"estimates," "seeks," "plans," "intends" and similar expressions are
intended to identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements. The Site and the
information contained herein does not constitute an offer or a solicitation
of an offer for sale of any securities. None of the information contained
herein is intended to be, and shall not be deemed to be, incorporated into
any of our securities-related filings or documents.
15. Links to other Web Sites. The Site contains links to other Web sites. We
are not responsible for the content, accuracy or opinions express in such
Web sites. Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us. If you leave our Site
and access these third-party sites, you do so at your own risk.
16. Copyrights and Copryright Agents. We respect the intellectual property
of others, and we ask you to do the same. If you believe that your work has
been copied in a way that constitutes copyright infringement, please provide
our Copyright Agent the following information: (a) An electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; (b) A description of the copyrighted work that you claim
has been infringed; (c) A description of where the material that you claim
is infringing is located on the Site; (d) Your address, telephone number,
and email address; (e) A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent,
or the law; and (f) A statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf. Our
Copyright Agent for Notice of claims of copyright infringement on the Site
can be reached by e-mail: info@performancens.com
17. Information and Press Releases. The Site might contain information and
press releases about us. While this information was believed to be accurate
as of the date prepared, we disclaim any duty or obligation to update this
information or any press releases. Information about companies other than
ours contained in the press release or otherwise, should not be relied upon
as being provided or endorsed by us.
18. Miscellaneous. This Agreement shall be treated as though it were
executed and performed and shall be governed by and construed in accordance
with the laws of the State of Illinois, USA (without regard to conflict of
law principles). Any cause of action by you with respect to the Site (and/or
any information, products or services related thereto) must be instituted
within one (1) year after the cause of action arose or be forever waived and
barred. All actions shall be subject to the limitations set forth in Section
8 and Section 10. The language in this Agreement shall be interpreted as to
its fair meaning and not strictly for or against either party. All legal
proceedings arising out of or in connection with this Agreement shall be
brought solely in Cook County of Illinois, USA. You expressly submit to the
exclusive jurisdiction of said courts and consents to extra-territorial
service of process. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with applicable
law and the remaining portions shall remain in full force and effect. To the
extent that anything in or associated with the Site is in conflict or
inconsistent with this Agreement, this Agreement shall take precedence. Our
failure to enforce any provision of this Agreement shall not be deemed a
waiver of such provision nor of the right to enforce such provision.
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