Terms of Service/Use
Terms of Service/Use (TOS)
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. If you disagree with any part of the terms then you may not access the Site or Services provided by Performance Marketing Group.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Performance Marketing Group Inc. uses Third-Party Electronic Payment Processors to process all financial transactions securely. By using our services, you authorize us and our ESP Partners to process these payments and orders. Users irrevocably agree that Performance Marketing Group Inc. is authorized to submit payment requests on your behalf based on Online Orders, Telephone Orders, and Recurring Payment Agreements. Users agree to the Default Terms and Conditions of each Payment Processor.
To provide seamless and uninterrupted services, Performance Marketing Group automatically generates a new Invoice in Advance for the next month of services. Recurring services and renewals are typically for the same duration as the original subscription term. Renewal Invoices are "Due Upon Receipt" when Auto-Billing isn't selected.
Billing and Fees
A Billing Failure for any reason is subject to a Late or Penalty Fee of $39 USD. We reserve the right to Suspend Services for any unpaid account immediately. Performance Marketing Group is not responsible for lost files or data as a result of Suspended Services.
Non-Use of the site or Services provided by Performance Marketing Group Inc. does not void or cancel your billing agreement with our company.
Cancellation and Termination
Your original billing date serves as your renewal date on recurring services. All recurring Marketing Services require a 12-month commitment. Cancellation of services before the end of this 12-month term are subject to Early termination fees equal to one (1) Cycle of billing. On recurring billing, cancellation requests must be made Seven (7) days before your renewal date by phone or by Email.
Non-Payment of Outstanding Invoices is not considered a valid cancellation of your billing agreement with our company.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Links To Other Web Sites
Performance Marketing Group Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Performance Marketing Group Inc. of the site. Use of any such linked web site is at the user's own risk.
Users of our systems are required to complete a full registration. Information our users get asked for may include registration details or other information to establish an account. To create an account, you agree that:
- You're the age of legal consent in the State of Ohio, or you're a minor over 13-years old, and you've been granted permission by your parent or legal guardian to access the Site. Users are responsible for following any applicable laws within their jurisdiction. We reserve the right (but are not obligated ) to request proof of age, at any time; from any of our users.
- All provided information on your registration form is used to establish your account. You attest that all information is accurate and correct and agree to notify us of any changes to your information promptly;
- You acknowledge that by establishing an account on our system that you voluntarily provided us with personal information about you, your company, or your Organization. While we make every effort to keep this data confidential, in some cases, we may need to share information with Third-Parties to facilitate services or support. By using our services, you consent to these disclosures.
- Your Account is for your sole use only. Third-Party Users are not permitted. We assume no responsibility in the event your account gets accessed by an "Authorized" or "Unauthorized" third party. In the case of a breach or unauthorized use, we urge our users to notify us as soon as possible. Users are responsible for all activities that take place when logged into your Account. We advise our users never to share their User ID or Password with anyone. Performance Marketing Group Inc. assumes no responsibility or liability for lost data, lost revenues, or other damages as a result of Authorized or Unauthorized Third-Party access.
- You agree that you've investigated and confirmed that your use of the Site does not violate any applicable law or regulation in your any jurisdiction.
- You agree that you won't use the site or its services for illegal or fraudulent purposes;
- You acknowledge that your usage of the website or services could get monitored for quality assurance.
- You agree that you won't mask your identity in any way when using the Site or Services. IP masking, accessing the Site using any Proxy Server, and using IP masking software is strictly prohibited.
These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. Any claim relating to Performance Marketing Group Inc.'s web site shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions.
Disclaimer Warranties and Limitations
The materials appearing on Performance Marketing Group Inc.'s web site could include technical, typographical, or photographic errors. Performance Marketing Group Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. Performance Marketing Group Inc. may make changes to the materials contained on its web site at any time without notice. Performance Marketing Group Inc. does not, however, make any commitment to update the materials.
In no event shall Performance Marketing Group Inc. or its suppliers be liable for any damages. Including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use or inability to use the materials on Performance Marketing Group Inc.'s Internet site, even if Performance Marketing Group Inc. or a Performance Marketing Group Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is the end-users responsibility to check these terms periodically for changes and revisions. For reference, we'll update this page with the date our TOS was last revised
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
TERMS OF SERVICE LAST UPDATED: Sept. 1, 2017