Terms & Conditions
We Appreciate Your Confidence in Us
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS OF USE BELOW. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS OF USE, DO NOT ACCESS THIS WEBSITE, OR ANY PAGES THEREOF. YOU SHOULD CHECK THIS SECTION FROM TIME TO TIME AS WE MAY REVISE THESE TERMS OF USE, AND YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS.
Copyright and Other Intellectual Property Rights
Unless otherwise expressly noted, Strategy Performance, LLC owns the copyright in the pages and in the screens displaying the pages and in the information, names, images, pictures, recordings, logos, icons, products, programs, documents and materials (collectively "Information") therein and in their arrangement. Unless otherwise specifically provided on a web page, STRATEGY PERFORMANCE authorizes you to copy, view, print and distribute Information published by STRATEGY PERFORMANCE or its affiliates on this website subject to the following conditions: (1) you use such Information for informational and non-commercial purposes solely for use and distribution within your organization; (2) you may not charge a fee to distribute the Information; and (3) you must include on all such copies any and all legends, copyright, proprietary or other notices that appear herein or if no such legends or notices appear on such Information, then the following copyright notice must appear on all such copies: "Copyright © Strategy Performance, LLC. All Rights Reserved." Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Information, and the Information may not otherwise be reproduced, displayed, downloaded, licensed, modified, re-posted, retransmitted, disseminated, sold, distributed, published, broadcast, circulated, used to create a derivative work or otherwise used for commercial purposes without the express written consent from STRATEGY PERFORMANCE's Legal Department.
Trademark Notices
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this Site are registered and common law Trademarks of STRATEGY PERFORMANCE and others. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this site without the written permission of STRATEGY PERFORMANCE's Legal Department or such third party that may own the Trademarks displayed on this Site. Your use of the Trademarks displayed on this Site, or any other content on this Site, is strictly prohibited. You are also advised that STRATEGY PERFORMANCE will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Web Content and Materials
The information contained in this website and the terms and conditions of the access to and use of such Information are subject to change without notice. STRATEGY PERFORMANCE may also make improvements and/or changes in the Information at any time without notice. Any dated information is published as of its date only, and STRATEGY PERFORMANCE does not undertake any obligation or responsibility to update or amend any such information. By offering Information, no solicitation is made by STRATEGY PERFORMANCE to any person to use such Information in jurisdictions where the provision of such Information is prohibited by law. Your eligibility for particular products and services is subject to final STRATEGY PERFORMANCE determination and acceptance.
To read our online privacy policy, click here.
Links to Other Websites
As a convenience, STRATEGY PERFORMANCE may provide links to non-STRATEGY PERFORMANCE websites solely to direct you to information on topics that may be useful to you. STRATEGY PERFORMANCE has no control over the content on such non-STRATEGY PERFORMANCE websites, and STRATEGY PERFORMANCE is not responsible for the content of such linked websites or any link contained in a linked site or any changes or updates to such sites. Links to non-STRATEGY PERFORMANCE websites do not imply STRATEGY PERFORMANCE's endorsement of or responsibility for the opinions, ideas, products, information or services offered at such websites. STRATEGY PERFORMANCE disclaims responsibility for the privacy policies and customer information practices of such third party websites linked to its website. Your use of linked websites is at your own risk.
Warranty Disclaimer/Limitation of Liability
Although STRATEGY PERFORMANCE attempts to provide accurate and up-to-date Information on its website, it makes no representation or warranty that such Information is accurate and up-to-date. STRATEGY PERFORMANCE IS NOT RESPONSIBLE FOR ANY ERRORS IN OR OMISSIONS FROM THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE. ALL SUCH INFORMATION IS PROVIDED TO YOU "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR FITNESS FOR PARTICULAR OR ORDINARY PURPOSES OR AS TO THE PERFORMANCE, FUNCTION OR DOCUMENTATION OF THE INFORMATION. THE INFORMATION IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. FURTHERMORE, STRATEGY PERFORMANCE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE OR ON ANY OTHER HYPERLINKED WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER WEBSITE ACCESSING PROGRAM. STRATEGY PERFORMANCE WILL NOT BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND STRATEGY PERFORMANCE'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. EXCEPT AS MAY BE OTHERWISE EXPRESSLY PROVIDED BY WRITTEN AGREEMENT BETWEEN STRATEGY PERFORMANCE AND YOU, STRATEGY PERFORMANCE WILL HAVE NO LIABILITY OF ANY TYPE (TORT, CONTRACT OR OTHERWISE) IN CONNECTION WITH THE USE OF THIS WEBSITE OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED AT THIS WEBSITE. STRATEGY PERFORMANCE WILL UNDER NO CIRCUMSTANCES BE LIABLE, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOST PROFITS OR LOST OPPORTUNITY, BUSINESS INTERRUPTION, LOST PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF STRATEGY PERFORMANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
Submissions
Any feedback, comments, information, materials or other communication ("Communications") provided by you to STRATEGY PERFORMANCE will be deemed NOT to be confidential. By sending STRATEGY PERFORMANCE any Communications, you grant STRATEGY PERFORMANCE an unrestricted, paid up, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such Communications, and you also agree that STRATEGY PERFORMANCE is free to use on an unrestricted basis without accounting to you any such Communications and the ideas, concepts, know-how or techniques that you provide.
Affiliates
This website's "Terms & Conditions" shall inure to the benefit of the affiliates of STRATEGY PERFORMANCE.
Governing Law
Access to and use of the STRATEGY PERFORMANCE website, and the terms of use including the warranty disclaimer and limitation of liability are governed by the internal, substantive laws of the State of North Carolina (other than the Uniform Computer Information Transactions Act, UCITA, as may be adopted in North Carolina), but without regard to conflicts of law principles thereof. UCITA and the United Nations' Convention on International Sale of Goods shall not apply to access and use of this website.
All rights not expressly granted herein are reserved.