Terms

Last updated: June 17, 2021

By accessing, browsing and/or using this Performance Digital Technologies website (the “Site”), you acknowledge that you have read, understand, and agree to be bound to Our Privacy Policy, these terms (“Terms”) (including the arbitration and class action waiver provisions below), and to comply with all applicable laws and regulations. Performance Digital Technologies, its parent, subsidiary, and affiliated companies, and each of their respective officers, directors, members, owners, employees, agents, and representatives are included in any reference to the “Site”, “Us”, “Our”, and/or “We” herein.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.

If you do not agree to these Terms, please do not use the Site. By using this Site, you represent that you are at least 18 years old and that you are legally able to agree to these Terms.

Your Use of the Site

The Site contains intellectual property owned by Us and other third parties. The Site hereby grants you a limited license to use the Site solely for your personal, non-commercial use, subject to these Terms. No other use of the Site is authorized, and the design and layout of the Site are specifically excluded from the above limited license. Framing of the Site is strictly prohibited. The services, products, technology, and/or processes described and/or used on the Site may be the subject of intellectual property rights reserved by the Site or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of the Site or any third party (including any trademarks).

You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; or (d) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used to provide the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

Third Party Links and Advertisements

We accept compensation from third party lead aggregators, lead purchasers, and/or advertisers based on leads generated through the Site. The Site may contain links to third party websites. However, no representations or warranties are made with respect to any information, products, or services provided by such third parties, or which is contained in or at such third party websites and there shall be no liability for any damages or injury arising from the conduct of such third parties, and/or the content of such third party websites. You agree to hold Us harmless from any claims which you may have against a third party that contacted you based on your request, or which you linked to or accessed through the Site.

Policy against Advertising our Site using Unsolicited Email Messages

We require that all emails promoting the Site are sent only to individuals who have agreed to receive such messages. We prohibit any advertising of Our Site using unsolicited email messages. If you feel that you have been sent unsolicited emails promoting the Site and would like to register a complaint, please email Us at [email protected]. We will investigate all allegations made related to any unsolicited messages. You may also opt-out of receiving future emails by clicking on the unsubscribe link of any email advertising the Site.

Disclaimer; Limitation of Liability

THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THERE SHALL BE NO LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SITE, EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT.

Indemnification

You hereby indemnify, defend, and hold harmless the Site, its parent, subsidiary, and affiliated companies, and each of their respective officers, directors, members, owners, employees, agents, representatives, and affiliates (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or related to your breach of these Terms. You shall cooperate as fully as reasonably required in defense of any such claim. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Enforcement

In the event that We determine, in Our sole discretion, that you have violated these Terms, We shall have the right to immediately terminate your use of the Site, in addition to electing to pursue any other remedies available to Us under applicable law.

Choice of Law

The law of the State of Nevada without reference to their rules regarding conflicts of law shall govern use of the Site, the validity and construction of these Terms and the Privacy Policy, and the interpretation of the rights and duties arising under such.

Arbitration and Class Action Waiver

Except as otherwise provided by applicable law, any and all controversies and disputes arising out of or related to use of the Site, these Terms, the Privacy Policy, their interpretation, the lead data, and/or the use of the leads generated through the Site (including by any third party lead aggregators, lead purchasers, and/or advertisers) shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be a location reasonably convenient to you. Arbitration hereunder shall be conducted by one neutral arbitrator appointed by the AAA. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration clause. Any disputes, including any threshold disagreement about the arbitrability of any claim, shall be delegated to the arbitrator (and not a court). In no event shall the arbitrator have any authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator shall not determine or award any alternative allocation of costs and expenses, including any attorneys’ fees, unless a statute specifically authorized such an award. The parties’ respective responsibilities to pay any AAA filing, administrative, and arbitrator fees will be solely in accordance with the AAA Rules. Except as otherwise provided herein and irrespective of the outcome of arbitration, each party shall bear its own costs and expenses, including its own attorneys’ fees. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. You agree and submit to the personal jurisdiction and venue of any such court of competent jurisdiction. In the event that this arbitration clause is deemed to be invalid or otherwise unenforceable or illegal, the remaining terms of this Agreement shall remain in full force and effect, including the waiver of the right to proceed in a class action. YOU SHALL HAVE THIRTY (30) DAYS TO OPT OUT OF THIS ARBITRATION SECTION. AFTER THIRTY (30) DAYS, THE TERMS OF THIS SECTION HEREBY BECOME FINAL AND BINDING.

Class Action Waiver

EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, THE PARTIES AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CONSOLIDATED OR CLASS ACTION OR CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S LEAD DATA AND AGREE THAT ALL FORMS OF CONSOLIDATED OR CLASS ACTION, CLASS WIDE ARBITRATION, AND CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY ARE EXPRESSLY PROHIBITED. THE PARTIES UNDERSTAND THEY WILL NOT HAVE THE RIGHT TO A TRIAL BY A COURT OR A JURY AND THAT THE INFORMATION THAT CAN BE OBTAINED IN DISCOVERY FROM EACH OTHER OR FROM THIRD PERSONS IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT. IN ADDITION, OTHER RIGHTS THAT THE PARTIES WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU SHALL HAVE THIRTY (30) DAYS TO OPT OUT OF THIS CLASS ACTION WAIVER SECTION. AFTER THIRTY (30) DAYS, THE TERMS OF THIS SECTION HEREBY BECOME FINAL AND BINDING.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site, the Services, any products or services offered through the Site, and/or these Terms must be brought within one (1) year after such claim or cause of action arose or be forever barred.

Severability; Waiver

If for whatever reason, any term or condition in these Terms is determined to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Updates to Terms

These Terms were published and last updated on the date noted above. The Site shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.

Personal Data & Privacy

All personal data that you provide to Us via this Site is subject to Our Privacy Policy located at Privacy Policy, which is expressly incorporated into this Agreement by reference. Additional information for California residents is provided in the “California Residents – Your Privacy Rights” section of Our Privacy Policy.

Notices

To contact the Site with any inquiries or complaints, including any regarding these Terms, you may contact Us via email at [email protected], or via mail at: 600 N Broad Street Suite 5, #930 Middletown, DE 19709.© 2022. Performance Digital Technologies. All rights reserved.