The following policy applies to Professional Performance Magazine, Professional Performance Magazine, Performance KnowledgeVault.com, and its subsidiaries, affiliates, licensees and licensors.
By using and/or registering to become a member of Performance KnowledgeVault.com, you are stating that you understand and agree to be bound by the terms and conditions of this user agreement (the "agreement"). Please read the agreement. If you disagree with anything in this agreement, please do not use the site or any services provided in connection with the site.
SERVICES: To access the Performance KnowledgeVault.com Site ("Site") or licensee site, you do not have to register to become a Performance KnowledgeVault.com member ("Member"). As a Member, however, you will have access to various services to which non-Members do not have access.
These Member Areas and services can include and at our discretion, the following: Site News, Site Pages, Message Boards (Forums), digital magazines and Downloads. The above list is not comprehensive of all the services provided. We reserve the right to modify or discontinue, temporarily or permanently, the Performance KnowledgeVault.com Site (or any part thereof) with or without notice. You agree that Performance KnowledgeVault.com shall not be liable to you or to any third party for any such action. If you would like to register to become a Member, please complete our membership registration form. When you do, you agree to: provide true, accurate, current and complete information as prompted by the registration form, maintain and update such information to keep it true, accurate, current, and complete at all times, and that you are of age. If any information provided by you on the registration form is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to so believe, we have the right to suspend or terminate your membership and to refuse to provide you with any future membership. If we have reason to believe that you have registered someone other than yourself, or have shared your registration information and password with someone else, we will cooperate with any law enforcement investigation that may result from such misrepresentations and shall have the right, in our sole discretion, to disclose any information you provided to us in connection with such registration and seek full restitution under applicable laws. Performance KnowledgeVault.com makes a good faith effort to prohibit registration as a Member by, and will not knowingly connect or store personal information from, children as governed by law.
FEES: We reserve the right at any time to change the fees for access to Site content or services or to portions of the existing Site content or services or the Site as a whole. In no event will you be charged an increased or additional amount over the membership rate you originally agreed to in order to access the Site content or service, or to the Site as a whole, unless we obtain your prior agreement to pay such charges. If you do not consent to such charges, however, you may not have access to the additional or altered content or service. Furthermore, if you subscribe to the Site through a Performance KnowledgeVault.com Licensee, Reseller or Affiliate, which has advertised bonuses or incentives not approved by or provided by Performance KnowledgeVault.com, we shall not be responsible for fulfillment of those bonuses or incentives. Such bonuses and incentives shall be fulfilled at the sole discretion and obligation of said Reseller or Affiliate. You shall not be entitled to any refund or credit from Performance KnowledgeVault.com in the case that you do not receive such bonuses or incentives.
WEBSITE USAGE POLICIES & PRIVACY POLICY: These include our Forums Usage & Member Email Policy, Website Upload Policy, Website Download Policy and Privacy Policy. See website for full policies and details.
REFUNDS: If the first 30 days of your membership are part of a free trial period, in the event you elect to terminate your subscription with Performance KnowledgeVault.com during that time period, no refund or credit will be issued. If you terminate your subscription after your paid subscription period has begun, you are not entitled to any kind of refund or credit. However, you may cancel your membership and you will not be charged for the next month's subscription. You may still be obligated to pay for other charges incurred. If you have an outstanding balance due on any Performance KnowledgeVault.com account, you hereby agree that Performance KnowledgeVault.com may charge these unpaid fees to your credit card. Upon cancellation of your subscription, you will lose the ability to view paid-membership content and features. Our Refund Policy states in full our policy regarding refunds of membership fees, fees paid for services, and/or fees paid for products; see website for full policy details and to download a copy.
DISCLAIMER OF WARRANTIES: You expressly agree that your use of the site, including, without limitation, any material and/or data developed by Performance KnowledgeVault.com or by third parties ("information providers"), is at your sole risk. The site, and any content or materials available through the site, are provided on an "as is" and "as available" basis and without warranty of any kind, express, implied or statutory. Performance KnowledgeVault.com and the information providers hereby expressly disclaim all such warranties including, without limitation, any implied warranties or merchantability, fitness for a particular use or purpose, title, or non-infringement, or any warranty as to results that may be obtained through the use of the site. Performance KnowledgeVault.com does not represent or warrant that the site will function without interruption, that the site is error or defect-free, that any such defects or errors will be corrected, or that the site and the server(s) that make the site available are free of viruses or other harmful components. No advice or information, whether oral or written, that you obtain from Performance KnowledgeVault.com or otherwise through your use of the site shall create any warranty on the part of Performance KnowledgeVault.com or the information providers. Further, Performance KnowledgeVault.com and the information providers do not warrant or represent that the use or the results of the use of any content or materials made available through the site or from third parties will be correct, accurate, timely, reliable or otherwise.
LIMITATIONS ON LIABILITY: In no event shall Performance KnowledgeVault.com, the information providers or any other person or entity involved in creating or distributing the site be liable for any direct, indirect, incidental, special or consequential damages, however arising and under any theory of liability (including, without limitation, tort, including negligence and strict liability, breach of contract or breach of warranty), that result from your use or inability to use the site, any changes to the site or this agreement, unauthorized access to or alteration of your transmission of data, any material or data sent or received or not sent or received, or any transactions entered into through the site. Performance KnowledgeVault.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the site or the services, content or materials available on or through the site, your sole and exclusive remedy is to discontinue using the site. The foregoing limitations on liability shall be applicable even if Performance KnowledgeVault.com or the applicable third party knew or should have known of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
ALLOCATION OF RISK: You agree that the disclaimer of warranties, limitations on liability; and indemnification provisions set forth in this agreement represent and agreed upon allocation of risk between you and Performance KnowledgeVault.com and form an essential part of the basis of their bargain, without which Performance KnowledgeVault.com would not enter into this agreement or provide the site.
INDEMNIFICATION: You agree to hold harmless Performance KnowledgeVault.com and its Information Providers and any other person or entity involved in creating or distributing the Site, as well as each of their respective affiliates and their respective directors, officers, employees and agents, from and against any and all claims, liabilities, damages, losses, costs, fees (including reasonable attorneys' fees) and expenses that such parties may incur as a result of or arising out of your (or, in the case of Members, anyone using your account's) use of, or conduct with respect to, the Site.
MODIFICATION OF AGREEMENT: You agree that Performance KnowledgeVault.com may change the terms and conditions of this Agreement, unilaterally, and at any time, by conspicuously posting notice of such change on the Site for a period of five (5) consecutive days. Continued use of the Site after such notice will constitute your acknowledgment and acceptance of the revised terms and condition.
GENERAL: This Agreement contains the complete and final statement of the understanding between you and Performance KnowledgeVault.com with respect to, and super cedes any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between you and Performance KnowledgeVault.com concerning, the subject matter of this Agreement. If any provision of this Agreement is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement, which shall remain in full force and effect and be enforced in accordance with its remaining terms. The waiver by Performance KnowledgeVault.com of a breach or default of any of the provisions of this Agreement by you shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of Performance KnowledgeVault.com to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by you. You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. All provisions of this Agreement that, by their nature, survive termination of this Agreement will survive termination including without limitation, the Site Rules, Public Areas, Links, Disclaimer of Warranties, Limitations on Liability, Allocation of Risk, Ownership of Materials, Indemnification, Choice of Law/Jurisdiction and Venue and General sections of this Agreement.
The following policy applies to Professional Performance Magazine, Performance KnowledgeVault.com, and its subsidiaries, affiliates, licensees and licensors.
In some cases, a free trial period may be part of the website subscription package offered, either by Performance KnowledgeVault.com or its approved Resellers or Affiliates. If the first 30 days of your membership are part of a free trial period, in the event you elect to terminate your subscription with Performance KnowledgeVault.com during that time period, no refund or credit will be issued. If you terminate your subscription after your paid subscription period has begun, you are not entitled to any kind of refund or credit. However, you may cancel your membership and you will not be charged for the next month's subscription. You may still be obligated to pay for other charges incurred. If you have an outstanding balance due on any Performance KnowledgeVault.com account, by subscribing to the site, you hereby agree that Performance KnowledgeVault.com may charge these unpaid fees to your credit card on file. Upon cancellation of your subscription, you will lose the ability to view paid-membership content and features and entitlement to membership discounts or awards.
Furthermore, if you subscribe to the Site through a Performance KnowledgeVault.com Reseller or Affiliate, which has advertised bonuses or incentives not approved by or provided by Performance KnowledgeVault.com, we shall not be responsible for fulfillment of those bonuses or incentives. Such bonuses and incentives shall be fulfilled at the sole discretion and obligation of said Reseller or Affiliate. You shall not be entitled to any refund or credit from Performance KnowledgeVault.com in the case that you do not receive such bonuses or incentives.
The following policy applies to Professional Performance Magazine, Performance KnowledgeVault.com, and its subsidiaries, affiliates, licensees and licensors.
Performance KnowledgeVault.com respects the privacy of its members and adheres to the following Privacy Policy.
What information do you collect automatically?
For each visitor to our web page, our web server automatically recognizes the visitor's domain name but not the e-mail address. It also logs aggregate information on what pages consumer's access or visit, but does not record which pages individual visitor's access or visit.
What other information do you collect?
You can voluntarily choose to become a registered subscriber ("member") of Performance KnowledgeVault.com (the "Site"). In doing so, we collect the name, e-mail, address, city, state, zip code, credit card information and certain voluntary personal information. We also collect the name and email addresses of those who communicate with us via e-mail or request one of our promotional products.
What do you do with this information?
The information we collect is used for internal review and to improve the content of our Site and communicate with our subscriber. The information we collect is not shared or sold to other persons, companies, or organizations except when required by a law enforcement agency in the process of a criminal investigation.
Do you use cookies?
We use cookies to store certain information about members, visitor preferences and to customize Site content based on the visitors' browser type or other information that the visitors sends. All cookies are encrypted so they can't be used by another website.
What do you do with my personal information?
All of the information collected remains confidential and is not shared with anyone other than the Site administrators. Our administrators are instructed to maintain this confidentiality and are terminated if they are found in violation of this privacy policy. We do not sell your personal information, but we do use it for marketing purposes. We send newsletters, informational emails and other important system messages via email, which you may choose to opt out of.
Do you partner with advertising services which may collect information about me?
While we may choose to partner with some advertising services from time to time, they will only have access to information you consent to provide to them.
What will happen if this privacy policy changes?
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in this privacy notice. If our information practices change at some time in the future, we will post the policy changes to the Site and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should contact our Support Team. For these new purposes, we will use only data collected from the date of the policy change forward.
If you have any questions about our Privacy Policy, please contact our Support Team at Support@PerformanceKnowledgeVault.com
The following policy applies to Professional Performance Magazine, Performance KnowledgeVault.com, and its subsidiaries, affiliates, licensees and licensors.
Performance KnowledgeVault.com, and its subsidiaries, affiliates, licensees and licensors grant you a non-transferable, non-exclusive license to download and/or install and use a copy of available software tools ("Tools") and/or materials that may or may not be made available with your subscription and solely for your personal non-commercial use in connection with Performance KnowledgeVault.com's products, in accordance with the terms below.
These Tools & Materials are provided "as is" without any warranties or any kind, express or implied. KnowledgeVault.net specifically disclaims any warranties of fitness for a particular purpose, merchantability and non-infringement.
Any use you choose to make of these Tools & Materials is undertaken by you entirely at your own risk. KnowledgeVault.net does not warrant that these Tools & Materials will not cause damage to your computer system, network, software or other technology. Performance KnowledgeVault.com reserves the right, at our sole discretion, to not provide support for these Tools & Materials.
In no event shall Performance KnowledgeVault.com be liable for any direct, consequential, incidental, special, punitive or other damages whatsoever arising out of or related to this license, even if Performance KnowledgeVault.com has been advised of the possibility of such damages. Performance KnowledgeVault.com reserves the right to discontinue the availability of these Tools & Materials, or modify them, at any time, without obligation to anyone.
At Peformance KnowledgeVault.com's request, you agree to defend, indemnify and hold harmless Performance KnowledgeVault.net from all liabilities, claims and expenses, including attorneys' fees, arising from any breach of this License by you and/or your use or misuse of the Tools & Materials.
Performance KnowledgeVault.com may make the Tools & Materials available at its site(s) located in the United States and/or Canada and/or the European Union or anywhere worldwide. You are solely responsible for knowing and complying with all federal, state and local laws that may apply to your use of Tools & Materials in your own locale. By downloading any Tools & Materials, you warrant that you are not located in any country, or exporting the Tools & Materials to any person or place, to which the United States and/or Canada and/or European Union or its member countries has embargoed goods.
Performance KnowledgeVault.com may revoke or terminate this license at any time, for any reason or no reason, in its sole discretion. Upon termination, you must destroy or return to Performance KnowledgeVault.com all Tools & Materials. This License is governed by United States Copyright law (without regard to conflicts of law) and is considered an addendum to our Service Agreement.
The following policy applies to Professional Performance Magazine, Performance KnowledgeVault.com, and its subsidiaries, affiliates, licensees and licensors.
Performance Knowledge Vault / Professional Performance Magazine are committed to permission-based email marketing practices, and have established this no-tolerance Anti-Spam Policy. Performance Knowledge Vault / Professional Performance Magazine may update this policy and provide notice of any changes on its website. Your use of these websites constitutes your acceptance of these terms and conditions of our Anti-Spam Policy.
Spam is commercial email or unsolicited bulk email, including junk mail, which has not been requested by the recipient. Spam is the opposite of permission-based email.
Performance Knowledge Vault / Professional Performance Magazine will take any steps it deems necessary to prevent it from being involved in Spam and will legally pursue any person(s) or organization(s) that involve it in Spam allegations. If damages of any kind are levied against Performance Knowledge Vault / Professional Performance Magazine, it will pursue full legal recourse against the offending person(s) and/or organization(s) under any and all applicable laws.
If you believe that you have received Spam connected to performance Knowledge Vault / Professional Performance Magazine in any way, send a complaint including the unsolicited email, to abuse@PerformanceKnowledgeVault.com. You may also provide any other information that you believe may help PerfromanceKnowledge Vault / Performance Magazine in further investigation. Knowledge Vault / ProfessionalPerformance Magazine do not investigate or take any action based on anonymous Spam complaints.
Individuals who sign up on any Perfromance Knowledge Vault / ProfessionalPerformance Magazine site and provide their email address, thus gives Performance Knowledge Vault / Professional Performance Magazine permission to send information on other products and services to said email address. In order to protect your privacy, Performance Knowledge Vault / Professional Performance Magazine do NOT sell, share or trade our subscriber list with anyone for any reason and you may unsubscribe at any time.