TERMS AND CONDITIONS OF USE
Thank you for visiting
our website. If you want to use this website,
you must agree to conform to and be legally bound by the terms and
conditions described below.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.
1. MINORS.
We do not provide services or sell products to children. If you are
below the age of 18, you may use our website only with the permission
and active involvement of a parent or legal guardian. If you are a
minor, please do not provide us or other website visitors with any
personal information.
2. PRIVACY POLICY IS
PART OF THESE TERMS AND CONDITIONS.
Our privacy policy is part of, and subject to, these terms and
conditions of use. You may view our privacy policy on this website.
3. ANTI-SPAM POLICY
IS PART OF THESE TERMS AND CONDITIONS.
Our anti-Spam policy is part of, and subject to, these terms and
conditions of use. You may view our anti-Spam policy on this website.
4. MODIFICATIONS AND
TERMINATIONS.
These terms and conditions may change from time to time. If such
changes are made, they will be effective immediately, and we will
notify you by a notice posted on our website's home page of the changes
that have been made. If you disagree with the changes that have been
made, you should not use our website.
We may terminate these terms and conditions of use for any reason and
at any time without notice to you.
If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to support@marketingsoftwaretools.com, and providing us with information relating to your concern.
5. LICENSEE STATUS.
You understand and agree that your use of our website is limited and
non-exclusive as a revocable licensee. We may terminate your license to
use our website, and access to our website, for any reason, and without
giving you notice.
6. CONTENT OWNERSHIP.
All content on our website is owned by us or our content suppliers. On
behalf of ourselves and our content suppliers, we claim all property
rights, including intellectual property rights, for this content and
you are not allowed to infringe upon those rights. We will prosecute to
the fullest extent of the law anyone who attempts to steal our
property.
You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to support@marketingsoftwaretools.com.
If you believe that your
intellectual property rights have been
infringed upon by our website content, please notify us by sending an
e-mail to support@marketingsoftwaretools.com,or by sending mail to us
at the address listed below. Please describe in detail the alleged
infringement, including the factual and legal basis for your claim of
ownership.
7.
DISCLAIMERS AND LIMITATIONS OF LIABILITY.
The information on our website is provided on an ''as is,'' ''as
available'' basis. You agree that your use of our website is at your
sole risk. We disclaim all warranties of any kind, including but not
limited to, any express warranties, statutory warranties, and any
implied warranties of merchantability, fitness for a particular
purpose, and non-infringement. We do not warrant that our website will
always be available, access will be uninterrupted, be error-free, meet
your requirements, or that any defects in our website will be corrected.
Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.
Our total liability for
any claim arising out of or relating to our
website shall not exceed one hundred ($100) dollars and that amount
shall be in lieu of all other remedies which you may have against us or
our affiliates. Any such claim shall be subject to confidential binding
arbitration as described later in these terms and conditions of use.
8.
OBSCENE AND OFFENSIVE CONTENT.
We are not responsible for any obscene or offensive content that you
receive or view from others while using our website. However, if you do
receive or view such content, please contact us by e-mail to
support@marketingsoftwaretools.com so that we can investigate the
matter. Although we are not obligated to do so, we reserve the right to
monitor, investigate, and remove obscene or offensive material posted
to our website.
9.
INDEMNIFICATION.
You understand and agree that you will indemnify, defend and hold us
and our affiliates harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, arising from your use of
our website or your violation of these terms and conditions.
10.
COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION.
You agree to obey all applicable laws while using our website.
You agree that the laws of Texas govern these terms and conditions of use without regard to conflicts of laws provisions.
You also agree that any
dispute between you and us, excluding any
intellectual property right infringement claims we pursue against you,
shall be settled solely by confidential binding arbitration per the
American Arbitration Association commercial arbitration rules. All
claims must arbitrated on an individual basis, and cannot be
consolidated in any arbitration with any claim or controversy of anyone
else. All arbitration must occur in Collin, Texas, United States. Each
party shall bear one half of the arbitration fees and costs incurred,
and each party is responsible for its own lawyer fees.
11.
SEVERABILITY OF THESE TERMS AND CONDITIONS.
If any part of these terms and conditions of use are determined by a
court of competent jurisdiction to be invalid or unenforceable, that
part shall be limited or eliminated to the minimum extent necessary so
that the remainder of these terms and conditions are fully enforceable
and legally binding.
12.
HOW TO CONTACT US.
Any questions or concerns about these terms and conditions of use
should be brought to our attention by e-mail to
support@marketingsoftwaretools.com, and providing us with information
relating to your concern.
You may also mail your
concerns to us at the following address:
Performance Connections, Inc
P.O. Box 454
Celina, Texas 75009
United States
13.
ENTIRE AGREEMENT.
These terms and conditions, including the policies incorporated herein
by express reference, constitutes your entire agreement with us with
respect to your use of our website.
These terms and conditions were last updated on 11-02-2009.
Copyright © 2008 Law Office of Michael E. Young PLLC , and licensed for use by the owner of this website at MarketingSoftwareTools.com. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.