About Web Performance
Accelerating the web for 25 years
Welcome to the website operated and published by Web Performance, Inc. Web Performance, Inc. provides this site for information to the greater public under these Terms of Use. By accessing and using the Web Performance, Inc. website, you agree to these Terms of Use. We may make updates or revisions to these Terms of Use by posting the changes online. Should you object to any such revision(s) to these Terms of Use or become dissatisfied with the Web Performance, Inc. website in any way, your only recourse is to immediately discontinue usage of the Web Performance, Inc. website. Otherwise, continuing to use the service after the effective date means that you agree to be bound by the changes.
Cost
There is no cost associated with using the basic services provided by the Web Performance, Inc. website. At some point premium services maybe offered for a fee. Those areas will be clearly marked.
Copyrights & Trademarks
Material published on the Web Performance, Inc. website, including articles, photos, graphics, bulletin board postings, audio and video clips, and other content, is copyrighted by the Web Performance, Inc., unless otherwise noted. Additionally, the entire content of Web Performance, Inc. website is also copyrighted as a collective work under the United States copyright laws; the owner of the collective work is Company Name. You cannot reproduce, republish or redistribute material from the Web Performance, Inc. website in any way without the express written consent of Web Performance, Inc.
To obtain permission to reuse or republish any material copyrighted by the Web Performance, Inc. , please contact us at 919-845-7601. The Web Performance, Inc. site often provides helpful website links to sites not published by Web Performance, Inc. . Please contact the copyright holder for permission to reuse or republish information for any sites not published by the Web Performance, Inc.
Disclaimer
The Web Performance, Inc. website is provided on an "as is" and "as available" basis. We make no warranty of any kind, either express or implied. While the Web Performance, Inc. website strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service. Nor does the Web Performance, Inc. website guarantee or warrant that any files available for downloading will be free of defects. Web Performance, Inc. nor any of its partners shall be liable in any way to you or the other parties for delays, inaccuracies, errors or omissions in the material published in a Web Performance, Inc. website.
While we take reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive items are present, the entire risk as to the quality and performance of the Web Performance, Inc. website and the accuracy and completeness of any information is with the user of our service.
Also, the Web Performance, Inc. website does not warrant that our service will be uninterrupted or error-free. The Web Performance, Inc. website makes no warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose any information published on the Web Performance, Inc. website or any products or services sold through the Web Performance, Inc. website.
Advice, Opinions and all other information expressed on the Web Performance, Inc. website bulletin boards represent the individual's own views and not necessarily those of the Web Performance, Inc. website. The Web Performance, Inc. website does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized Web Performance, Inc. website spokespersons.
Indemnification
You agree to indemnify, defend and hold Web Performance, Inc. harmless from and against any and all liability, loss, claims, damages, costs and/or actions (including attorney's fees) based on or arising from any breach by you of your obligations under these Terms of Use. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
Jurisdiction
This Agreement between the Web Performance, Inc. and its website users will be governed and interpreted under the laws of the state of North Carolina, without regard to its conflict of laws provisions. Any action brought in connection with this Agreement shall be filed within one year of the date of the alleged injury, in the General Court of Justice, Superior Court Division, State of North Carolina, County of Wake or U.S. District Court for the State of North Carolina, Eastern District, 4th Judicial District.
Arbitration
Any legal controversy or legal action arising out of or relating to these Terms of Use or the Web Performance, Inc. website, excluding legal action taken by Web Performance, Inc. to obtain an injunction relating to its intellectual property, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Raleigh, North Carolina, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Termination
We reserve the right, without notice and in our sole discretion, to terminate any or all of the Web Performance, Inc. website service and/or to block or prevent future access to and use of Web Performance, Inc. website.
Questions
We hope that you enjoy your visit to the Web Performance, Inc. website. If you have any questions about this Terms of Use Statement, please contact us.