Terms and Conditions of Use
Use of the Website
By accessing the Performance Payments website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. You hereby warrant and represent to Performance Payments that you are legally entitled to access this website and to make use of information made available via this website.
The materials contained in this website are protected by applicable copyright and trademark law. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks and intellectual property of Performance Payments or of the holder of said trademarks. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of Performance Payments or the trademark holder.
Permission is granted to temporarily download copies of the materials (information or software) on the Performance Payments web site for personal, non-commercial, transitory viewing only. This is a grant of a license, not a transfer of title, and under this license you may not:
- copy the materials;
- modify the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Performance Payments website;
- remove any copyright or other proprietary notations from the materials;
- transfer the materials to another person; or
- "mirror" the materials on any other server.
An exception exists to 1, 3, and 6 above as respects any materials intended for the use of Independent Contractor Sales Agents of Performance Payments in pursuit of sales activities ("Sales Materials"), as such Sales Materials are actually used in such sales activities for Performance Payments.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Performance Payments at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. As specifically and solely respects Sales Materials, enrolled and active Independent Contractor Sales Agents of Performance Payments may retain such Sales Materials as long as they maintain such status, and must otherwise destroy any downloaded materials whether in electronic or printed format.
External links may be provided for your convenience, but they are beyond the control of Performance Payments and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.
Disclaimer of Liability
The materials on the Performance Payments website are provided "as is". Performance Payments makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Performance Payments does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website or otherwise relating to such materials or on any sites linked to this site. Performance Payments disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, and/or your or your company's personal information or material and information transmitted over our system.
In no event shall Performance Payments be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on this website, even if Performance Payments or a Performance Payments authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on Performance Payments web site could include technical, typographical, or photographic errors. Performance Payments does not warrant that any of the materials on its web site are accurate, complete, or current. Performance Payments may make changes to the materials contained on its web site at any time without notice. Performance Payments does not, however, make any commitment to update the materials.
Performance Payments has not reviewed all of the sites linked to this website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Performance Payments of the linked site. Use of any such linked web site is at the user's own risk.
Conflict of terms
If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Applicable laws (Choice of Venue and Forum)
Use of this website shall in all respects be governed by the laws of the State of Florida, United States of America, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the State courts located in Palm Beach County, Florida, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.