TERMS

TERMS OF SERVICE:

The following terms and conditions govern all use of the perfomalis.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Perfomalis Ltd. (“Perfomalis”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Perfomalis’s Privacy Policy) and procedures that may be published from time to time on this Site by Perfomalis (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Perfomalis, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

 

1. Copyright Infringement and DMCA Policy. As Perfomalis asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by perfomalis.com violates your copyright, you are encouraged to notify Perfomalis in accordance with Perfomalis’s Digital Millennium Copyright Act (“DMCA”) Policy. Perfomalis will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Perfomalis will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Perfomalis or others. In the case of such termination, Perfomalis will have no obligation to provide a refund of any amounts previously paid to Perfomalis.

2. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which perfomalis.com links, and that link to perfomalis.com. Perfomalis does not have any control over those non-Perfomalis websites and webpages, and is not responsible for their contents or their use. By linking to a non-Perfomalis website or webpage, Perfomalis does not represent or imply that it endorses such website or webpage. 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. Perfomalis disclaims any responsibility for any harm resulting from your use of non-Perfomalis websites and webpages.

3. Intellectual Property. This Agreement does not transfer from Perfomalis to you any Perfomalis or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Perfomalis. Perfomalis, perfomalis.com, the perfomalis.com logo, and all other trademarks, service marks, graphics and logos used in connection with perfomalis.com, or the Website are trademarks or registered trademarks of Perfomalis or Perfomalis’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Perfomalis or third-party trademarks.

4. Changes. Perfomalis reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Perfomalis may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

5. Disclaimer of Warranties. The Website is provided “as is”. Perfomalis and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Perfomalis nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

6. Limitation of Liability. In no event will Perfomalis, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Perfomalis under this agreement during the twelve (12) month period prior to the cause of action. Perfomalis shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

7. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Perfomalis Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported fromthe country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

8. Indemnification. You agree to indemnify and hold harmless Perfomalis, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Perfomalis may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Perfomalis LTD
Address: “Nikola Y. Vaptzarov” 5, fl. 3, office 2, Varna 9000, Bulgaria