Use of Content on the Site
You may view, download and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Performia without the express written consent of Performia. You may not use any meta tags or any other “hidden text” utilizing Performia’s name or trademarks without the express written consent of Performia. You may not use any Performia logo or other proprietary graphic or trademark as part of the link without express written permission.
You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by Performia.
Reviews, Comments, Communications, And Other Content
You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information.
By submitting information, you grant Performia a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute and display such content throughout the world in any media. By submitting information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity.
Products and Services Offered By Performia on the Site
Performia offers products and services on the Site. When you enroll to obtain a product or service from Performia on the Site, you accept the specific agreement applicable to that product or service. Your use of any such product or service offered on the Site is governed by the Terms and Conditions in the agreement for that product or service. Except as provided in that agreement, Performia does not warrant that any product descriptions or content contained in this Web site is accurate, current, reliable, complete or error-free.
Copyright Information & Trademark Ownership
Third Party Web Sites and Information
The Site may provide hyperlinks to third party Web sites or access to third party content. Performia does not control, endorse, or guarantee content found in such sites. You agree that Performia is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that Performia shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND Performia, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Performia AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, Performia DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND Performia, Performia, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF Performia, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold harmless Performia, employees, attorneys and agents (“Indemnities”) against all claims, expenses, liabilities, losses, costs and damages, including reasonable attorney’s fees, that the Indemnities may incur (i) in connection with your use of the Site or any hyper linked Web site or (ii) resulting from content you supply.
All matters relating to your access to and use of the Site shall be governed by Australian federal law or the laws of the State of News South Wales without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in the State of News South Wales state or Australian federal court.