Streamline Performance Terms Of Use
Overview
Please read the following terms of service agreement carefully. The Site Streamlineperformance.net is operated by Streamline Performance. Throughout the Site, the terms ``we", "us" and "our'' refer to Streamline Performance. By accessing or using our website or our services, you hereby agree to be bound by these terms and conditions and all terms incorporated herein by reference. The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Streamline Performance (hereinafter "Streamline Performance''), a company duly organized and validly existing, located at 1615A Democrat St, Honolulu, Hawaii 96819. This Agreement annuls and voids all previous agreements. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service.
General Terms
These Terms apply to all users of the Site, including users who are browsers, vendors, customers, merchants, and/or contributors of content. It is the responsibility of you, the user, customer, or prospective customer to read the terms and conditions before proceeding to use this site. If you do not expressly agree to all of the terms and conditions, then please do not access or use our site or our services. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
a) Restrict, suspend or terminate your access to all or any part of our Site;
b) Change, suspend or discontinue all or any part of our products or Site;
c) Refuse, move, or remove any content that is available on all or any part of our Site;
d) Deactivate or delete your accounts;
e) Establish general practices and limits concerning use of our Site.
You agree that we will not be liable to you or any third party for taking any of these actions. You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us.
Intellectual Property Rights
You herein acknowledge, understand and agree that all of the Streamline Performance Trademarks, copyright, trade name, service marks, and other Streamline Performance logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Streamline Performance.
You herein agree not to display and/or use in any manner the Streamline Performance Logo or marks without obtaining Streamline Performance's prior written consent. Streamline Performance will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Streamline Performance may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others.
Proprietary Rights
You do hereby acknowledge and agree that streamline performance's services and any essential software that may be used in connection with our services ("software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws.
Therefore, except for that which is expressly permitted by applicable law or as authorized by streamline performance or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on streamline performance services (e.g. content or software), in whole or part. Streamline performance hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the software. Furthermore, you do herein agree not to alter or change the software in any manner, nature or form, and as such, not to use any modified versions of the software, including and without limitation, for the purpose of obtaining unauthorized access to our services. Lastly, you also agree not to access or attempt to access our services through any means other than through the interface which is provided by streamline performance for use in accessing our services.
Governing/ International Laws
The Site is controlled, operated and administered by Streamline Performance from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Streamline Performance's content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. It is at the mutual agreement of both you and Streamline Performance with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Hawaii without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and Streamline Performance, shall be filed within the courts having jurisdiction within the County of Honolulu, Hawaii or the U.S. District Court located in said state. You and Streamline Performance agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venues in such courts.
Government Requests
In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.
Privacy Policy
Every member's registration data and various other personal information are strictly protected by the Streamline Performance Online Privacy Policy. As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Streamline Performance and/or our subsidiaries and affiliates.
Prohibited Uses
Visitors to the site may not use it in any way without permission. Some examples of prohibited uses of the website include illegal purposes, harvesting data, harassing others, using the website for users' personal gain, and more. Content uploaded by the user is subject to review. Users of this website should use it for the purposes of legitimate business and not for malicious purposes. Other prohibited conduct includes gaining unauthorized access to the data or the data of other users, altering, modifying, adapting, reverse engineering, decompiling, disassembling, or hacking intellectual property, altering or modifying another website to falsely imply that it is associated with Streamline Performance website, using or exporting our information, products, or services.
We prohibit a range of activities on a website or platform, including posting harmful or offensive content, causing harm to minors, impersonating other individuals, infringing on intellectual property rights, sending unsolicited advertising or spam, transmitting viruses, disrupting the website's servers or networks, violating laws or regulations, supporting or concealing the activities of foreign terrorist organizations, stalking or harassing other individuals, and collecting or storing personal data of other users in connection with these prohibited activities.
Commercial Reuse Of Services
Streamline Performance Content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Streamline Performance and the copyright owner. The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Streamline Performance's sites. You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. You agree that you do not acquire any ownership rights in any protected content.We do not grant you any licenses, express or implied, to the intellectual property of Streamline Performance or our licensors except as expressly authorized by these Terms.
Disciplinary Actions
Streamline Performance herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for compliance with any legal process; enforcement of the Terms; responding to any claim that therein contained content is in violation of the rights of any third party; responding to requests for customer service; or protecting the rights, property or the personal safety of Streamline Performance, its visitors, users and members, including the general public.
Streamline Performance herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Streamline Performance or any other content providers supplying content services to Streamline Performance.You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
Termination
Any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline will result in termination, discontinuance, suspension and/or limited access to Streamline Performance. As a member, you agree that Streamline Performance may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
Streamline Performance herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members.
Disclaimers
You herein expressly acknowledge and agree that the use of streamline performance services and software are at the sole risk by you. Our services and software shall be provided on an "as is" and/or "as available" basis. Streamline performance and our subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchant ability, fitness for a particular purpose and non-infringement.
Any information or material downloaded or otherwise obtained by way of streamline performance services or software shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material. no advice and/or information, whether written or oral, that may be obtained by you from streamline performance or by way of or from our services or software shall create any warranty not expressly stated in the terms.
A small percentage of some users may experience some degree of epileptic seizure when exposed to certain light patterns or backgrounds that may be contained on a computer screen or while using our services. Certain conditions may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure or epilepsy. Should you, anyone you know or anyone in your family have an epileptic condition, please consult a physician if you experience any of the following symptoms while using our services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
Third Party Affiliates
Either Streamline Performance or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Streamline Performance shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
Indemnity
All users and/or members agree to insure and hold Streamline Performance, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of Streamline Performance Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any
You explicitly acknowledge, understand and agree that streamline performance and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from: the use or inability to use our service; the cost of procuring substitute goods and services; unauthorized access to or the alteration of your transmissions and/or data; statements or conduct of any such third party on our service; and any other matter which may be related to our service.
In the event you have a dispute, you agree to release Streamline Performance (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
Errors, Inaccuracies And Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.
Amendments
Streamline Performance reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.