Agreement between User and www.unparalleledperformance.com

Welcome to www.unparalleledperformance.com

 The www.unparalleledperformance.com website (the “Site”) is comprised of various web pages operated by Unparalleled Performance, LLC (“UP”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

The Site provides news and information relating to UP.

UP is a leading independent leadership consulting firm specializing in training for corporate and individual consulting matters. Our consultants have served as senior executives, independent advisors to boards and senior management at many leading companies in the areas of leadership strategy.

Electronic Communications

Visiting the Site or sending emails to UP constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email or on the Site, satisfy any requirement that such communications be in writing.

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that UP is not responsible for third party access to your account resulting from theft or misappropriation of your account information. UP and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

UP does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites controlled and maintained by third parties (“Third Party Sites”). UP is not responsible for the contents or activities of any Third Party Site, including without limitation any link contained in a Third Party Site, or any changes or updates to a linked site. UP is providing these links to you only as a convenience, and the inclusion of any link on the Site does not imply endorsement by UP of the site, its content, or any association with its operators. We make no representations or warranties whatsoever about the nature of Third Party Sites. Any information you share with or actions you take on Third Party Sites are governed by the applicable Third Party Sites’ terms of use and privacy statements, which should be reviewed carefully. 

Certain services made available via www.unparalleledperformanc.com may be delivered by third party websites and organizations. By using any product, service or functionality originating from the www.unparalleledperformance.com domain, you hereby acknowledge and consent that UP may share such information and data with any third party with whom UP has a contractual relationship to provide the requested product, service or functionality on behalf of www.unparalleledperformance.com users and customers.

Third Party Accounts

You will be able to connect your UP account to third party accounts. By connecting your UP account to your third party accounts, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not connect your UP account to third party accounts.

No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to UP that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of UP or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will 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. UP content is not for resale. Your use of the Site does not entitle you 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 limited, personal, non-commercial use, and will make no other use of the content without the express written permission of UP and the copyright owner. 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 UP or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by UP from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use UP content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless UP, its officers, directors, employees, agents and third parties, for any losses, costs, damages, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of our Site, services or content; your inability to use the Site; or your violation of these Terms. UP reserves the right, at its own cost, to assume the exclusive defense and control of any matter for which we are entitled to indemnification, in which event you will fully cooperate with UP in asserting any available defenses.

 

Dispute Resolution

Any and all disputes arising out of or concerning these Terms and Conditions, or any provisions hereof, or the receipt or exchange of data or other information with UP, whether in contract, tort, or otherwise at law or in equity for damages or any other relief shall be resolved pursuant to this Dispute Resolution provision.

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, or the receipt or exchange of data or other information with UP, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, such disputes shall be referred to binding arbitration as described below.

Arbitrations under this provision shall be conducted by a single neutral arbitrator and administered by the American Arbitration Association in New York, New York. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, if UP is the prevailing party, UP shall be entitled to recover its costs and reasonable attorney’s fees, but UP shall not pay any costs of fees if it is not the prevailing party. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. The arbitrator shall premise the award upon the claimant’s legal right to recover based on the terms of this agreement and the applicable law of the State of New York, without regard to conflict of law rules, together with any applicable provisions of the laws of the United States. All parties to these Terms consent and submit to jurisdiction in the state or federal courts of the State of New York solely for purposes of entering or enforcing a judgement on an arbitration award procured pursuant to these Terms and, specifically, this arbitration provision. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and UP agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPENSATION ADVISORY PARTNERS AND/OR ITS SUPPLIERS RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE WEBSITE, ITS CONTENT AND OUR SERVICES, OR TO MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

UPARALELLED PERFORMANCE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF THE SERVICES, CONTENT, AND LINKS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. UNPARALELLED PERFORMANCE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IF YOU RELY ON THE SITE AND ANY CONTENT OR SERVICES AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY CONTENT, INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED). TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UNPARALELLED PERFORMANCE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF UNPARALELLED PERFORMANCE 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE, OR SERVICES OR CONTENT THAT MAY BE AVAILABLE THROUGH THE WEBSITE, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

Termination/Access Restriction 

UP reserves the right, in its sole discretion, to terminate these Terms, our Site, your access to our Site, or any content, related services or any portion thereof at any time, without notice. The “Liability Disclaimer,” and “Dispute Resolution” sections of these Terms (along with any other provision that by its terms contemplates survival) will survive any termination. This agreement is governed by the laws of the State of New York. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, fiduciary or agency relationship exists between you and UP as a result of this agreement or use of the Site. UP’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of UP’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by UP 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, that provision will be deleted (or, if possible, modified in a manner that will reflect the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and UP with respect to the terms and conditions governing the use of this Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and UP with respect to the Site, but these Terms and Conditions shall be read in conjunction with UP’s Privacy Policy.

Changes to Terms

UP reserves the right, in its sole discretion, to change the terms under which the Site is offered. The most current version of the Terms and Conditions posted to the Site will supersede all previous versions. UP encourages you to periodically review the Terms to stay informed of our updates. Privacy Policy

Contact Us

UP welcomes your questions or comments regarding the Terms:

Unparalleled Performance, LLC
P.O. Box 663
Port Washington, New York 11050

Email Address:
info@unparalleledperformance.com

Telephone number:
(516) 514-0055

Effective as of October 2, 2019