TERMS & CONDITIONS
General Terms
By accessing and placing an order with Perfomand, you confirm that you are in agreement with and boundby the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entirewebsite and any email or other type of communication between you and Perfomand.
Under no circumstances shall Perfomand team be liable for any direct, indirect, special, incidental orconsequential damages, including, but not limited to, loss of data or profit, arising out of the use, or theinability to use, the materials on this site, even if Perfomand team or an authorized representative has beenadvised of the possibility of such damages. If your use of materials from this site results in the need forservicing, repair or correction of equipment or data, you assume any costs thereof.
Perfomand will not be responsible for any outcome that may occur during the course of usage of ourresources. We reserve the rights to change prices and revise the resources usage policy in any moment.
License
Perfomand grants you a revocable, non-exclusive, non-transferable, limited license to download, install anduse the website strictly in accordance with the terms of this Agreement.
These Terms & Conditions are a contract between you and Perfomand (referred to in these Terms &Conditions as "Perfomand", "us", "we" or "our"), the provider of the Perfomand website and the servicesaccessible from the Perfomand website (which are collectively referred to in these Terms & Conditions as the"Perfomand Service").
You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms &Conditions, please do not use the Perfomand Service. In these Terms & Conditions, "you" refers both to youas an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reservethe right to cancel your account or block access to your account without notice.
Definitions and key terms
To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms arereferenced, are strictly defined as:
- Cookie: small amount of data generated by a website and saved by your web browser. It is used toidentify your browser, provide analytics, remember information about you such as your languagepreference or login information.
- Company: when this terms mention “Company,” “we,” “us,” or “our,” it refers to Perfomand L.L.C.,(16192 Coastal Highway, Lewes Delaware 19958 U.S.A), that is responsible for your information underthis Terms & Conditions.
- Country: where Perfomand or the owners/founders of Perfomand are based, in this case is UnitedStates
- Device: any internet connected device such as a phone, tablet, computer or any other device that canbe used to visit Perfomand and use the services
- Service: refers to the service provided by Perfomand as described in the relative terms (if available) andon this platform.
- Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, andothers who provide our content or whose products or services we think may interest you.
- Website: Perfomand’s site, which can be accessed via this URL: https://www.perfomand.com/
- You: a person or entity that is registered with Perfomand to use the Services.
This Terms & Conditions were created with Termify
Restrictions
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwisecommercially exploit the website or make the platform available to any third party.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any partof the website.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) ofPerfomand or its affiliates, partners, suppliers or the licensors of the website.
Return and Refund Policy
Thanks for shopping at Perfomand. We appreciate the fact that you like to buy the stuff we build. We alsowant to make sure you have a rewarding experience while you’re exploring, evaluating, and purchasing ourproducts.
As with any shopping experience, there are terms and conditions that apply to transactions at Perfomand.We’ll be as brief as our attorneys will allow. The main thing to remember is that by placing an order ormaking a purchase at Perfomand, you agree to the terms along with Perfomand’s Privacy Policy.
If, for any reason, You are not completely satisfied with any good or service that we provide, don't hesitate tocontact us and we will discuss any of the issues you are going through with our product.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by youto Perfomand with respect to the website shall remain the sole and exclusive property of Perfomand.
Perfomand shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and inany way without any credit or any compensation to you.
Your Consent
We've updated our Terms & Conditions to provide you with complete transparency into what is being setwhen you visit our site and how it's being used. By using our website, registering an account, or making apurchase, you hereby consent to our Terms & Conditions.
Links to Other Websites
This Terms & Conditions applies only to the Services. The Services may contain links to other websites notoperated or controlled by Perfomand. We are not responsible for the content, accuracy or opinionsexpressed in such websites, and such websites are not investigated, monitored or checked for accuracy orcompleteness by us. Please remember that when you use a link to go from the Services to another website,our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website,including those that have a link on our platform, is subject to that website’s own rules and policies. Such thirdparties may use their own cookies or other methods to collect information about you.
Cookies
Perfomand uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a smallpiece of data stored on your computer or mobile device by your web browser. We use Cookies to enhancethe performance and functionality of our website but are non-essential to their use. However, without thesecookies, certain functionality like videos may become unavailable or you would be required to enter yourlogin details every time you visit the website as we would not be able to remember that you had logged inpreviously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies,you may not be able to access functionality on our website correctly or at all. We never place PersonallyIdentifiable Information in Cookies.
Changes To Our Terms & Conditions
You acknowledge and agree that Perfomand may stop (permanently or temporarily) providing the Service (orany features within the Service) to you or to users generally at Perfomand’s sole discretion, without priornotice to you. You may stop using the Service at any time. You do not need to specifically inform Perfomandwhen you stop using the Service. You acknowledge and agree that if Perfomand disables access to youraccount, you may be prevented from accessing the Service, your account details or any files or othermaterials which is contained in your account.
If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update theTerms & Conditions modification date below.
Modifications to Our website
Perfomand reserves the right to modify, suspend or discontinue, temporarily or permanently, the website orany service to which it connects, with or without notice and without liability to you.
Updates to Our website
Perfomand may from time to time provide enhancements or improvements to the features/ functionality of thewebsite, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the website. You agree thatPerfomand has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particularfeatures and/or functionalities of the website to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii)subject to the terms and conditions of this Agreement.
Third-Party Services
We may display, include or make available third-party content (including data, information, applications andother products services) or provide links to third-party websites or services ("Third- Party Services").
You acknowledge and agree that Perfomand shall not be responsible for any Third-Party Services, includingtheir accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or anyother aspect thereof. Perfomand does not assume and shall not have any liability or responsibility to you orany other person or entity for any Third-Party Services
Third-Party Services and links thereto are provided solely as a convenience to you and you access and usethem entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or Perfomand.
Perfomand may, in its sole discretion, at any time and for any or no reason, suspend or terminate thisAgreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Perfomand, in the event that you fail tocomply with any provision of this Agreement. You may also terminate this Agreement by deleting the websiteand all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the website and delete all copies of thewebsite from your computer.
Termination of this Agreement will not limit any of Perfomand's rights or remedies at law or in equity in caseof breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material on our website constitutes aninfringement on your copyright, please contact us setting forth the following information: (a) a physical orelectronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of thematerial that is claimed to be infringing; (c) your contact information, including your address, telephonenumber, and an email; (d) a statement by you that you have a good faith belief that use of the material is notauthorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
Indemnification
You agree to indemnify and hold Perfomand and its parents, subsidiaries, affiliates, officers, employees,agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys'fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law orregulation; or (c) violation of any right of a third party.
No Warranties
The website is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warrantyof any kind. To the maximum extent permitted under applicable law, Perfomand, on its own behalf and onbehalf of its affiliates and its and their respective licensors and service providers, expressly disclaims allwarranties, whether express, implied, statutory or otherwise, with respect to the website, including all impliedwarranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties thatmay arise out of course of dealing, course of performance, usage or trade practice. Without limitation to theforegoing, Perfomand provides no warranty or undertaking, and makes no representation of any kind that thewebsite will meet your requirements, achieve any intended results, be compatible or work with any othersoftware, websites, systems or services, operate without interruption, meet any performance or reliabilitystandards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Perfomand nor any Perfomand's provider makes any representation orwarranty of any kind, express or implied: (i) as to the operation or availability of the website, or theinformation, content, and materials or products included thereon; (ii) that the website will be uninterrupted orerror-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through thewebsite; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of Perfomand arefree of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on theapplicable statutory rights of a consumer, so some or all of the above exclusions and limitations may notapply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Perfomand and any of its suppliersunder any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited tothe amount actually paid by you for the website.
To the maximum extent permitted by applicable law, in no event shall Perfomand or its suppliers be liable forany special, incidental, indirect, or consequential damages whatsoever (including, but not limited to,damages for loss of profits, for loss of data or other information, for business interruption, for personal injury,for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-partysoftware and/or third-party hardware used with the website, or otherwise in connection with any provision ofthis Agreement), even if Perfomand or any supplier has been advised of the possibility of such damages andeven if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, sothe above limitation or exclusion may not apply to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed andinterpreted to accomplish the objectives of such provision to the greatest extent possible under applicablelaw and the remaining provisions will continue in full force and effect.
This Agreement, together with the Privacy Policy and any other legal notices published by Perfomand on theServices, shall constitute the entire agreement between you and Perfomand concerning the Services. If anyprovision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of suchprovision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in fullforce and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver ofsuch term or any other term, and Perfomand’s failure to assert any right or provision under this Agreementshall not constitute a waiver of such right or provision. YOU AND Perfomand AGREE THAT ANY CAUSE OFACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1)YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION ISPERMANENTLY BARRED.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under thisAgreement shall not effect a party's ability to exercise such right or require such performance at any timethereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power underthis Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of anyright or power under this Agreement preclude further exercise of that or any other right granted herein. In theevent of a conflict between this Agreement and any applicable purchase or other terms, the terms of thisAgreement shall govern.
Amendments to this Agreement
Perfomand reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If arevision is material we will provide at least 30 days' notice prior to any new terms taking effect. Whatconstitutes a material change will be determined at our sole discretion.
By continuing to access or use our website after any revisions become effective, you agree to be bound bythe revised terms. If you do not agree to the new terms, you are no longer authorized to use Perfomand.
Entire Agreement
The Agreement constitutes the entire agreement between you and Perfomand regarding your use of thewebsite and supersedes all prior and contemporaneous written or oral agreements between you andPerfomand.
You may be subject to additional terms and conditions that apply when you use or purchase otherPerfomand's services, which Perfomand will provide to you at the time of such use or purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to make changes to these Terms so that theyaccurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example,through our Service) before we make changes to these Terms and give you an opportunity to review thembefore they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms.If you do not want to agree to these or any updated Terms, you can delete your account.
Intellectual Property
The website and its entire contents, features and functionality (including but not limited to all information,software, text, displays, images, video and audio, and the design, selection and arrangement thereof), areowned by Perfomand, its licensors or other providers of such material and are protected by United Statesand international copyright, trademark, patent, trade secret and other intellectual property or proprietaryrights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, inwhole or in part, without the express prior written permission of Perfomand, unless and except as isexpressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMSFOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUROR Perfomand’s INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, orother controversy between you and Perfomand concerning the Services or this agreement, whether incontract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will begiven the broadest possible meaning allowable under law.
Notice of Dispute
In the event of a dispute, you or Perfomand must give the other a Notice of Dispute, which is a writtenstatement that sets forth the name, address, and contact information of the party giving it, the facts givingrise to the dispute, and the relief requested. You must send any Notice of Dispute via email to:contact@perfomand.com. Perfomand will send any Notice of Dispute to you by mail to your address if wehave it, or otherwise to your email address. You and Perfomand will attempt to resolve any dispute throughinformal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days,you or Perfomand may commence arbitration.
Binding Arbitration
If you and Perfomand don’t resolve any dispute by informal negotiation, any other effort to resolve thedispute will be conducted exclusively by binding arbitration as described in this section. You are giving up theright to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Thedispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of theAmerican Arbitration Association. Either party may seek any interim or preliminary injunctive relief from anycourt of competent jurisdiction, as necessary to protect the party’s rights or property pending the completionof arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information,advertisements, data or proposals, including ideas for new or improved products, services, features,technologies or promotions, you expressly agree that such submissions will automatically be treated asnon-confidential and non-proprietary and will become the sole property of Perfomand without anycompensation or credit to you whatsoever. Perfomand and its affiliates shall have no obligations with respectto such submissions or posts and may use the ideas contained in such submissions or posts for anypurposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketingproducts and services using such ideas.
Promotions
Perfomand may, from time to time, include contests, promotions, sweepstakes, or other activities(“Promotions”) that require you to submit material or information concerning yourself. Please note that allPromotions may be governed by separate rules that may contain certain eligibility requirements, such asrestrictions as to age and geographic location. You are responsible to read all Promotions rules to determinewhether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and tocomply with all Promotions Rules.
Additional terms and conditions may apply to purchases of goods or services on or through the Services,which terms and conditions are made a part of this Agreement by this reference.
Typographical Errors
In the event a product and/or service is listed at an incorrect price or with incorrect information due totypographical error, we shall have the right to refuse or cancel any orders placed for the product and/orservice listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or notthe order has been confirmed and your credit card charged. If your credit card has already been charged forthe purchase and your order is canceled, we shall immediately issue a credit to your credit card account orother payment account in the amount of the charge.
Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditionsto be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Anywaiver of any provision of these Terms & Conditions will be effective only if in writing and signed by anauthorized representative of Perfomand. Perfomand will be entitled to injunctive or other equitable relief(without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach byyou. Perfomand operates and controls the Perfomand Service from its offices in United States. The Serviceis not intended for distribution to or use by any person or entity in any jurisdiction or country where suchdistribution or use would be contrary to law or regulation. Accordingly, those persons who choose to accessthe Perfomand Service from other locations do so on their own initiative and are solely responsible forcompliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (whichinclude and incorporate the Perfomand Privacy Policy) contains the entire understanding, and supersedes allprior understandings, between you and Perfomand concerning its subject matter, and cannot be changed ormodified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.
Disclaimer
Perfomand is not responsible for any content, code or any other imprecision.
Perfomand does not provide warranties or guarantees.
In no event shall Perfomand be liable for any special, direct, indirect, consequential, or incidental damages orany damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or inconnection with the use of the Service or the contents of the Service. The Company reserves the right tomake additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The Perfomand Service and its contents are provided "as is" and "as available" without any warranty orrepresentations of any kind, whether express or implied. Perfomand is a distributor and not a publisher of thecontent supplied by third parties; as such, Perfomand exercises no editorial control over such content andmakes no warranty or representation as to the accuracy, reliability or currency of any information, content,service or merchandise provided through or accessible via the Perfomand Service. Without limiting theforegoing, Perfomand specifically disclaims all warranties and representations in any content transmitted onor in connection with the Perfomand Service or on sites that may appear as links on the Perfomand Service,or in the products provided as a part of, or otherwise in connection with, the Perfomand Service, includingwithout limitation any warranties of merchantability, fitness for a particular purpose or non-infringement ofthird party rights. No oral advice or written information given by Perfomand or any of its affiliates, employees,officers, directors, agents, or the like will create a warranty. Price and availability information is subject tochange without notice. Without limiting the foregoing, Perfomand does not warrant that the PerfomandService will be uninterrupted, uncorrupted, timely, or error-free.
