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Legal notice
Changes
This is a limited, revocable license
Your responsibilities
Unlawful purposes prohibited
Comments & opinions of others
Third-party sites
Copyrights & Trademarks
Disclaimer
Applicable law & entire agreement
Legal Notice
These Terms of Use (hereinafter, simply “Terms”) govern your use of wpPERFORM.com and domains under its direct control (hereinafter collectively referred to as “we”, “us”, “Site” or “Sites”). Please read them carefully before using this Site, because these Terms constitute a binding legal agreement between you and wpPERFORM.com (hereinafter, together referred to as the “Parties”) which governs your use of this Site. If these Terms are considered an offer by us, acceptance is expressly limited to these Terms.
Changes
We reserve the right in our sole and absolute discretion to change these Terms at any time. We will reflect the current terms, incorporating all changes, in a page reasonably identified to contain these Terms and reachable from the home page of the Site. Changes, if any, will be effective when posted on the Site. Because we may have no way to notify you of changes to these Terms, you accept full responsibility to regularly review these Terms. Your continued use of the Site shall be considered your unambiguous acceptance of the Terms posted here, including all changes.
This Is a Limited, Revocable License
Subject to these Terms, we grant you a non-exclusive, non-transferable, limited right to access and use the Site. You agree not to interrupt, attempt to interrupt, or otherwise interfere with the operation of the Site in any way.
We authorize you to view and download content at the Site only for your personal, non-commercial use. This authorization is not a transfer of title to the content of the Site and is subject to certain restrictions. You must preserve in an unmodified form on all copies of our content (including electronic copies) all copyright and other notices included in the original content identifying the content as proprietary information not owned or created by you. You may not modify our content in any way other than to create an excerpt. You may not make use of our content, even in a modified form, for any commercial purpose. You may not transfer our content to any other person or entity unless you give them notice of these Terms, and they agree to accept them. We may revoke this license if we, in our sole and absolute discretion, determine that you have violated these Terms. Notwithstanding the provisions of this license, you may make use of any programming code or code samples, including HTML markup, subject to the terms of the GPL v3 license.
Your Responsibilities
Our services involve hosting websites created and maintained by others. We have not reviewed and cannot review all of the material, including computer software, posted to the websites we host, and therefore cannot be responsible for that material’s content, use or effects. By hosting a website, we do not represent or imply that we endorse that website or its content, or that we believe such content to be accurate, useful or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. A website we host may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. If you believe you have identified objectionable or inaccurate content on a website hosted by us, please let us know by filling out our our contact form and specify the reason for your contact as objectionable or inaccurate content. If we determine that such content is a violation of any provisions applicable to the website, we will take appropriate action.
Unlawful Purposes Prohibited
You agree not to use the Site for any unlawful purpose. We in our sole and absolute discretion reserve the right to terminate or restrict your access to the Site if in our opinion, your use of the Site may violate any law, infringe on the rights of another, or violate these Terms.
Comments & Opinions of Others
We offer you the ability to post comments on some articles. We moderate comments and reserve the right to delete or mark as spam any comment which we, in our sole and absolute opinion, believe is off-topic, offensive, or not posted to contribute to the discussion. We do not delete comments merely because the opinion expressed differs from those expressed by us or by other commenters. We do not endorse any recommendation or opinion expressed as a comment, and you agree that any reliance you place on such comments is undertaken by you at your discretion and at your sole risk.
Third Party Sites
We provide links to web sites owned and operated by other entities over which we have no control. If you follow these links, you may leave the Site and thereby become subject to terms and conditions in place elsewhere. Before conducting any business or exchanging any information, be sure to review the terms and conditions of that site because those terms may differ materially from those in affect at this Site. We make no warranty or representation regarding the information, products, or services on web sites owned by others, even if we included a link to that site on this Site.
Copyrights & Trademarks
The Site includes references to brands, products, and trademarks. All brand names, product names, or trademarks, registered or otherwise, belong to their respective holders. Your use of the Site grants you no right or license to reproduce or otherwise use our or third-party trademarks. We respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act, or DMCA. If you are a copyright holder and believe that you have identified an infringement of the DMCA, please use our contact form and specify the reason for your contact as an alleged DMCA violation.
DISCLAIMER
While we make every effort to insure the accuracy of our content, it may contain typographical errors and other inaccuracies. If you believe you’ve identified an error or inaccuracy, please let us know immediately and we will make every reasonable effort to correct it. We do not warrant the accuracy or completeness of our content, nor do we warrant the reliability of any advice, opinion, or statement that is part of the content of the Site. All content on the Site is for general informational purposes and is not intended to address any personal situation or circumstance. We disclaim any responsibility for any harm resulting from the use (including, but not limited to, downloading) by visitors of any and all websites hosted by us. We specifically disclaim any representation or warranty, express or implied, including, without limitation, any representation or warranty of non-infringement, merchantability or fitness for a particular purpose. You agree that your access to and use of the Site and its content is on an “As Is”, “As Available” basis. You agree that we will not be liable to you under any circumstances as a result of your access or inability to access the Site for indirect, consequential, or punitive damages, including without limitation, damages from lost revenues or profits. You agree that any reliance by you on any advice, opinion, or statement is undertaken by you at your discretion and at your sole risk.
Applicable Law & Entire Agreement
The applicable laws governing these Terms are those of the United States and North Carolina, without giving effect to its conflict of laws provisions. These Terms are not governed by the United Nations Convention on Contracts for the International Sale of Goods.
These Terms supersede all previous oral or written agreements governing your use of the Site and constitute the entire agreement between you and us with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms. The remainder of these Terms shall continue in full force and effect.
The Parties agree that, except for intellectual property disputes, all claims arising out of an alleged breach of these Terms will be resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Such arbitration shall take place in the English language in Fairfax County, Virginia or in a place mutually agreed to by the Parties. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys’ fees. The Parties agree that we are each waiving the right to trial by jury, except as otherwise stated above. Any arbitration under these Terms will take place on an individual basis whereby class actions are not permitted. You agree that by your use of the Site under these Terms, you are giving up the ability to participate in a class action.