AGREEMENT BETWEEN USER AND High Performance Network, LLC
High Performance Network, LLC Web Site is comprised of various web pages operated by High Performance Network, LLC.
High Performance Network, LLC reserves the right to change the terms, conditions, and notices under which High Performance Network Web Site is offered, including but not limited to the charges associated with the use of High Performance Network, LLC Web Site.
LINKS TO THIRD PARTY SITES
High Performance Network, LLC Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of High Performance Network, LLC and High Performance Network, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. High Performance Network, LLC is not responsible for webcasting or any other form of transmission received from any Linked Site. High Performance Network, LLC Web Site is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by High Performance Network, LLC of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of High Performance Network, LLC Web Site, you warrant to High Performance Network, LLC that you will not use High Performance Network, LLC Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use High Performance Network, LLC Web Site in any manner which could damage, disable, overburden, or impair High Performance Network, LLC or interfere with any other party's use and enjoyment of High Performance Network, LLC Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through High Performance Network, LLC Web Site.
USE OF COMMUNICATION SERVICES
High Performance Network, LLC Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large, with or within a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
· Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
· Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
· Advertise or offer to sell or buy any goods or services for any business purpose, unless you receive express permission by High Performance Network, LLC or such Communication Service specifically allows such messages.
· Conduct or forward surveys, contests, pyramid schemes or chain letters.
· Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
· Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
· Restrict or inhibit any other user from using and enjoying the Communication Services.
· Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
· Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
· Violate any applicable laws or regulations.
High Performance Network, LLC has no obligation to monitor the Communication Services. However, High Performance Network, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. High Performance Network, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
MATERIALS PROVIDED TO High Performance Network, LLC OR POSTED AT ANY High Performance Network, LLC Web Site
High Performance Network, LLC does not claim ownership of the materials you provide to High Performance Network, LLC (including feedback and suggestions) or post, upload, input or submit to any High Performance Network, LLC Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting High Performance Network, LLC, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH High Performance Network, LLC Web Site MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. High Performance Network, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN High Performance Network, LLC Web Site AT ANY TIME. ADVICE RECEIVED VIA High Performance Network, LLC Web Site, conferences, events, meetings, helpdesk support and/or any of its suppliers, vendors or affiliates, SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
High Performance Network, LLC reserves the right, in its sole discretion, to terminate your access to High Performance Network, LLC Web Site and the related services, programs, conferences, meetings, events, promotions or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Harris County, Houston, Texas U.S.A. in all disputes arising out of or relating to the use of High Performance Network, LLC Web Site. Use of High Performance Network, LLC Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and High Performance Network, LLC as a result of this agreement or use of High Performance Network, LLC Web Site. High Performance Network, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of High Performance Network, LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of High Performance Network, LLC Web Site or information provided to or gathered by High Performance Network, LLC Web Site with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and High Performance Network, LLC with respect to High Performance Network, LLC Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and High Performance Network, LLC with respect to High Performance Network, LLC Web Site and/or the user’s participation in any conference, meeting, event, program or service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents are drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of High Performance Network, LLC Web Site are: Copyright © 2017 High Performance Network, LLC and HighPerformance Cultures, Inc. and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Your privacy is important to High Performance Network, LLC. This privacy statement provides information about the personal information that High Performance Network, LLC collects, and the ways in which High Performance Network, LLC uses that personal information.
Personal information collection
High Performance Network, LLC may collect and use the following kinds of personal information:
· information about your use of this website (including viewing and downloading information);
· information that you provide using for the purpose of registering with the website (including personal information);
· information about transactions carried out over this website (including purchasing services or products);
· information that you provide for the purpose of subscribing to the website services (including personal and professional information); and
· any other information that you send to High Performance Network, LLC.
Using personal information
High Performance Network, LLC may use your personal information to:
· enable your access to and use current and future services from the website;
· publish information about you, including photos and likeness of you, on the High Performance Network, LLC Web Site and distribute within marketing materials and communications;
· send to you products that you purchase;
· supply to you services that you purchase;
· send you statements and invoices;
· collect payments from you; and
· send you marketing communications.
Where High Performance Network, LLC discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.
In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, High Performance Network, LLC may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
Securing your data
High Performance Network, LLC will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.
Cross-border data transfers
In addition, personal information that you submit for publication on the website may be published on the internet and may be available around the world.
You agree to such cross-border transfers of personal information.
Updating this statement
You should check this page occasionally to ensure you are familiar with any changes.
This website contains links to other websites.
High Performance Network, LLC is not responsible for the privacy policies or practices of any third party.
Contact High Performance Network, LLC
This website is provided “as is” without any representations or warranties, express or implied. High Performance Network, LLC Web Site makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, High Performance Network, LLC Web Site does not warrant that:
· this website will be constantly available, or available at all; or
· the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Copyright © 2018 High Performance Network, LLC
Ownership of copyright
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned, licensed by or authorized to be used by High Performance Network, LLC.
High Performance Network, LLC grants to you a worldwide non-exclusive royalty-free revocable license to:
· view this website and the material on this website on a computer or mobile device via a web browser and/or App;
· copy and store this website and the material on this website in your web browser cache memory; and
· print pages from this website for your own [personal and non-commercial] use.
High Performance Network, LLC does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without High Performance Network, LLC prior written permission.
The automated and/or systematic collection of data from this website is prohibited.
You may request permission to use the copyright materials on this website by writing to High Performance Network, LLC 11807 Westheimer Rd, Suite 550-419, Houston, Texas 77077.
Enforcement of copyright
High Performance Network, LLC takes the protection of its copyright very seriously.
If High Performance Network, LLC discovers that you have used its copyright materials in contravention of the license above, High Performance Network, LLC may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of High Performance Network’s copyright materials that contravenes or may contravene the license above, please report this by mail to 11807 Westheimer Rd, Suite 550-419, Houston, Texas 77077.
If you become aware of any material on this website that you believe infringes your or any other person's copyright, please report this by mail to High Performance Network, LLC, 11807 Westheimer Rd, Suite 550-419, Houston, Texas 77024.
This copyright notice
High Performance Network, LLC reserves all rights and privileges to the materials within this website.