Terms & Conditions
AGREEMENT BETWEEN USER AND PERFORMANCE-CAPITAL.COM
This Web site is offered to you, the user, conditioned on your acceptance
without modification of the terms, conditions, and notices contained
herein. Your use of this Web site constitutes your agreement to
all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Web site is for your personal and non-commercial use. You may
not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell
any information, software, products or services obtained from this
COPYRIGHT AND TRADEMARK NOTICES:
All contents of this Web site are: Copyright © 2003 Performance Capital Corporation and/or its suppliers, 2606 South Federal Hwy., Ft. Lauderdale, FL 33316 USA. All rights reserved.
Other product and company names mentioned herein
may be the trademarks of their respective owners.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS
WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PERFORMANCE-CAPITAL.COM
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THIS WEB SITE AT ANY TIME.
PERFORMANCE-CAPITAL.COM AND/OR ITS RESPECTIVE SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION,
AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH
INFORMATION, AND SERVICES ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. PERFORMANCE-CAPITAL.COM AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL PERFORMANCE-CAPITAL.COM
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY
OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, PRODUCTS,
AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF PERFORMANCE-CAPITAL.COM OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant to performance-capital.com
that you will not use this Web site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices.
LINKS TO THIRD PARTY SITES
This Web site may contain hyperlinks to Web sites operated by parties
other than Performance-capital.com. Such hyperlinks are provided
for your reference only. performance-capital.com does not control
such Web sites, and is not responsible for their contents. Performance-capital.com's
inclusion of hyperlinks to such Web sites does not imply any endorsement
of the material on such Web sites or any association with their
MODIFICATION OF THESE TERMS AND CONDITIONS
Performance-capital.com reserves the right to change the terms,
conditions, and notices under which this Web site is offered.
This agreement is governed by the laws of the State of Florida,
USA. You hereby consent to the exclusive jurisdiction and venue
of courts in Broward County, Florida, USA in all disputes arising
out of or relating to the use of this Web site. Use of this 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 performance-capital.com
as a result of this agreement or use of this Web site.
Performance-capital.com's performance of this agreement
is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of performance-capital.com's
right to comply with law enforcement requests or requirements relating
to your use of this Web site or information provided to or gathered
by performance-capital.com 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.
This agreement constitutes the entire agreement
between the user and performance-capital.com with respect to this
Web site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the
user and performance-capital.com with respect to this Web site.
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.
Fictitious names of companies, products, people,
characters and/or data mentioned herein are not intended to represent
any real individual, company, product or event.
Any rights not expressly granted herein are reserved.
The prices generated by the performance-capital.com are believed
to be accurate, but performance-capital.com and its suppliers do
not warrant or guarantee such accuracy. Performance-capital.com
and its suppliers do not authorize the use of such prices for any
purpose other than your personal use, and prohibit to the maximum
extent allowable the resale, redistribution, and use of this information
for commercial purposes.
PERFORMANCE-CAPITAL.COM PRIVACY PRINCIPLES
You don't want your personal information to fall into the wrong
hands. Neither does performance-capital.com.
When you visit one of the performance-capital.com
web sites, we may collect and store information about your visit
on an anonymous, aggregate basis. This information may include the
time and length of your visit, the pages you look at on our sites,
and the site you visited just before coming to ours. We may also
record the name of your Internet service provider. We use this information
only to measure site activity and to develop ideas for improving
There are also several opportunities on our web
sites for you to provide us with information about you and your
interests, such as your name, mailing address and e-mail address.
If you choose to share any personal information with us, we may
store it and use it for marketing research and other marketing purposes.
We will never sell your information to any other company.
Some of our web sites may make use of "cookie"
technology to measure site activity and to customize information
to your personal tastes. A cookie is an element of data that a Web
site can send to your browser, which may then store the cookie on
your hard drive. So, when you come back to visit us again, we can
tailor information to suit your individual preferences. The goal
is to save you time and provide you with a more meaningful visit.
You take online privacy seriously, and so does performance-capital.com.
It's our way of sustaining your trust in us and our products and
Performance-capital.com reserves the right to alter
our privacy principles as business needs require. Any alterations
to these principles will be posted on our web sites in a timely