Terms of Use

Performity, Inc., a Delaware corporation (“Performity”, “we” or “us”) provides content on this website, performityinc.com (the “Site”), subject to the following terms and conditions (“Terms”). By accessing, browsing and/or otherwise using the Site, you acknowledge that you have read, understood and agree to be bound by such Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, do not use the Site. These Terms were last updated on April 30, 2018, and we may revise them from time to time in the future, in our sole discretion and without notice. For information on Performity’s policies and practices regarding the collection, use, and storage of user information, please read our Privacy Policy.

1. Intellectual Property

The copyright in all content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is held exclusively by Performity or its licensors and is protected by U.S. and international copyright laws. The trademarks, service marks, designs, and logos (collectively, “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Performity and its licensors. You agree that you will not refer to or attribute any information to Performity or its licensors in any public medium (e.g., press release, websites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party, and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Performity or its licensors. Except as noted herein, none of these materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Performity or the copyright owner. This permission will terminate immediately if you breach these Terms. You may not “mirror” any material contained on the Site without Performity’s express written permission. Any unauthorized use of the materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All rights not expressly granted are reserved.

2. Use of Site Content

Subject to the limitations and restrictions set forth herein, Performity hereby grants you a non-exclusive, non-transferable license to access and download, display, and print one copy of the content and functionality displayed on the Site (“Content”) on any single computer solely for your internal, business use, provided that you do not modify the Content in any way and that all copyright and other proprietary notices displayed thereon or therein are retained. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Content without Performity’s prior written consent.

3. User postings

You acknowledge and agree that Performity shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, survey responses, and otherwise, and you hereby waive any claims against Performity for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Performity’s use and publication of such materials. You agree that you will not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. Performity does not and cannot review all information posted to the Site by users and is not responsible for such information. We reserve the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

4. Notices of Infringement and Takedown

Performity prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Performity at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Performity will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Performity’s contact for submission of such notices is: Jeffrey M. MacDonald, Performity, Inc., 15615 Alton Parkway, Suite 450, Irvine, California 92618.

6. Disclaimers

THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN INFORMATION OBTAINED THROUGH YOUR USE OF THE SITE. ALL CONTENT AND FUNCTION-ALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PERFORMITY AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. PERFORMITY SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER PERFORMITY NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

7. No Services or Consultation

The information on the Site is provided to you with the understanding that the provision of such information does not constitute the rendering of consulting, legal, accounting or other advice or services. Information on the Site should not be relied upon for making business or other decisions or used as a substitute for consultation with professional advisors. Moreover, Performity does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through the Site by Performity, any user, information provider or any other person or entity. By accessing the Site, you acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option, liability and risk. Moreover, Performity does not grant any license or other authorization to you to use the Site in any manner if such use in whole or in part suggests that Performity promotes or endorses a third party’s causes, ideas, political campaigns, political views, web sites, products or services.

8. Access

We may alter, suspend or discontinue the Site and your access to it at any time for any reason without notice or liability to you or any third party. In addition, the Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damage to a user’s systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user’s systems, software or data

9. Governing law; Jurisdiction

This Agreement is governed and interpreted pursuant to the laws of the State of California, without reference to the principles of conflicts of laws thereof, and you expressly agree that exclusive jurisdiction resides in the state and federal courts of and in such jurisdiction. You further agree and expressly consent to the exercise of personal jurisdiction in the State of California in connection with any dispute or claim involving Performity. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.