The website visitor can use the information posted at The Company website for informational purpose only. You cannot use the information of the website in any other way without a prior written consent from The Company.
The Customer acknowledges that the Internet is neither owned nor controlled by any organization, company, legal or physical entity. Therefore, The Company cannot guarantee that any user will be able to access The Website or any of The Company’s servers or services at any given time. The Company represents that it shall make every good faith effort to ensure that its Website and all of its Servers or Services are available as widely as possible and with as little service interruption as possible.
Third Party Websites
The Company has no liability or responsibility for the accuracy or suitability of content on a third party website that can be reached by using The Company website. Your use of any content from a third party website, including but not limited to, information, downloadable files, etc. is at your own risk.
Third Parties Product Names
The Company services are compatible with many software applications and third party products. The names of such products and/or applications, are used on The Company website with descriptive purpose only. Such names are registered trademarks of third companies, from which The Company is entirely separate and independent, unless otherwise stated.
Third Party Software
The Company also uses different third party software as part of its services. The use of the names of such software on The Company website is with descriptive purpose only. Such names are registered trademarks of their respective owners, who have granted the right for the use of the software either publicly or directly to The Company.
The contents of this Website are copyright © 2018, Performance ProSites. All rights reserved.
From time to time, and at Performance ProSites’ sole discretion, Performance ProSites may offer promotional programs as an incentive to customers. Promotional programs have explicitly defined terms, including but not limited to, expiration usage per person and per transaction, and other limitations and restrictions. Performance ProSites reserves the right, in its sole discretion, to cancel or refuse promotions.
Performance ProSites makes every effort to ensure the accuracy of all information you receive. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions.
You are responsible for obtaining at your own expense all equipment and services needed to access and use the Performance ProSites’ websites and the Performance ProSites’ Services, including all devices, Internet browsers and Internet access. If you access the Performance ProSites’ website and the Performance ProSites’ Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
WE PROVIDE THE Performance ProSites’ SERVICES AND WEBSITES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY.
IN NO EVENT SHALL Performance ProSites, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER. Some provinces/states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
You agree to indemnify, defend, and hold harmless Performance ProSites, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any terms under this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
Entire Agreement/No Waiver
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or be used in determining the intent of the parties to it. No waiver by Performance ProSites of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies
The Performance ProSites’ website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Performance ProSites therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Performance ProSites does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
Performance ProSites reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the Performance ProSites’ websites and/or the Performance ProSites’ Services before the changes take effect. Your continued use of Performance ProSites. You are responsible for regularly reviewing periodically this Agreement, located at http://www.Performance ProSites.com/terms/. The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.
Applicable Law and Venue
THIS AGREEMENT IS GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH PROVINCE OF MANITOBA AND TO THE EXTENT APPLICABLE, THE LAWS OF CANADA. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU AGREE THAT ANY ACTION AT LAW OR INEQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN PROVINCIAL OR FEDERAL COURT LOCATED IN WINNIPEG, MANITOBA, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.
If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email support@PerformanceProSites.com.
Last Updated: 19 June, 2018