Terms of Use

Last Revised: 06/28/2012

  1. BINDING EFFECT. This is a binding agreement between you and Performance Analytics, Inc., a Massachusetts corporation (“us,” “we,” or “Company”). By using the website located at http://parmodel.com/ (the “Site”) or any services provided in connection with the Site (collectively, the “Service”) you agree to be bound by and to abide by these Terms of Use, as they may be amended by Company from time to time in its sole discretion. Amended Terms of Use are effective upon being posted. Company will post a notice on the Site any time these Terms of Use have been materially changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
  2. PERMISSIBLE USE. Company hereby grants you a personal, non-transferable and non-exclusive right and license to use the Site and the Service; provided, however that you shall not (and shall not allow any third party to) attempt to copy, modify, create a derivative work from, sell, assign, sublicense, grant a security interest in or otherwise transfer any rights in the Service. This license does not include any resale or commercial use of this Service or its contents; any derivative use of this Service or its contents; any downloading or copying of information for the benefit of any third party person or entity; or any use of data mining, robots, or similar data-gathering and extraction tools. This Service or any portion of it may not be reproduced, copied, sold, resold, used, visited or otherwise exploited for any commercial purpose without the express written consent of Company.
  3. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current Privacy Policy can be found at http://taacomplete.com/privacy-policy-2/. Company’s Privacy Policy is expressly incorporated into this Agreement by this reference.
  4. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Service, you agree to obey the law and to respect the intellectual property rights (including, without limitation, copyrights, trademarks, trade secret, or other intellectual property or proprietary rights) of Company and others. Your use of the Service is at all times governed by and subject to laws regarding ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of Company or third party intellectual property rights.
  5. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
  6. ALLEGED VIOLATIONS. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others. Company is under no obligation to enforce these Terms of Use on your behalf against any third party or other user of the Site.
  7. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY MAKES THE SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR ANY EMPLOYEE OR REPRESENTATIVE OF COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS OF USE. COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, TRUTH, QUALITY, SUITABILITY, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF THE INFORMATION OR MATERIAL DISPLAYED THROUGH THE SERVICE. COMPANY DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL FROM THE SITE OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  8. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. YOU ACKNOWLEDGE THAT THE USE OF THE SERVICE OR ANY INFORMATION OBTAINED THEREFROM IS DONE AT YOUR OWN DISCRETION AND RISK, AND SPECIFICALLY AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR THE CONSEQUENCES OF ANY INVESTMENT DECISIONS YOU MAY OR MAY NOT MAKE AS A RESULT OF USING OR ACCESSING THE SERVICE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
  9. INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES FROM ANY AND ALL THIRD PARTY CLAIMS, LOSSES, LIABILITY, DAMAGES, AND/OR COSTS (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING FROM YOUR ACCESS TO OR USE OF THE SERVICE, YOUR VIOLATION OF THESE TERMS OF USE, OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. COMPANY WILL NOTIFY YOU PROMPTLY OF ANY SUCH CLAIM, LOSS, LIABILITY, OR DEMAND, AND WILL PROVIDE YOU WITH REASONABLE ASSISTANCE, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, LOSS, LIABILITY, DAMAGE, OR COST.
  10. AFFILIATED SITES. Company may work with any number of partners and affiliates whose Internet sites may be linked with the Site. Because Company has no control over the content and performance of these partner or affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility or liability for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content accessed through this Site.
  11. COMPANY’S PROPRIETARY RIGHTS. All content of the Service, including the text, graphics, logos, icons, screens and configurations, software, trademarks, and trade dress (collectively, “Company Content”), is the property of Company and/or its licensors and is protected by U.S. and international intellectual property laws. You do not acquire any ownership rights in or to Company Content by using, printing, downloading or copying any Company Content or using this Service. Any use of Company Content or this Service other than for the express services provided is strictly prohibited. For example, copying, reproducing, modifying, distributing, transmitting, replicating or public exhibition of Company Content is strictly prohibited.
  12. TRADEMARKS. The Company’s logo, trademarks and service marks are trademarks of Company (the “Company Marks”). Nothing contained on the Site should be understood as granting you a license to use any of the Company Marks, or the marks of any third party. Without Company’s prior written permission, you agree not to display or use in any manner the Company Marks or the marks of any third party on this Site.
  13. COPYRIGHT. All contents of Site or Service are: Copyright © 2011-2012 Performance Analytics, Inc. All rights reserved.
  14. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
  15. SEVERABILITY; WAIVER. If, for any reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
  16. APPLICABLE LAWS. This agreement is entered into in Boston, Massachusetts, and governed by and construed in accordance with the laws of the State of Massachusetts without giving effect to its conflict of laws provisions. Federal law governs copyright, patent, and trademark matters. In the event of any dispute between you and Company in connection with this Site or the Service, you agree to submit to the exclusive jurisdiction of the state and federal courts having jurisdiction in Boston, Massachusetts, U.S.A. Company makes no representation that this Site or the Service is appropriate or available for use in other locations. If you choose to access the Service from other locations, you agree to do so in compliance with all applicable local laws, and acknowledge that your use of or access of the Service should not be construed as Company purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Massachusetts.
  17. COMPANY NOT INVESTMENT ADVISOR. The Service is published in accordance with The Investment Advisers Act of 1940, Section 202(a)(11)(D) which excludes publishers of bona fide financial publications of general and regular circulation from the definition of an investment adviser, and the obligation to register as such under the Act (15 U.S.C. § 80b-2(a)(11)(D)).  Section 401(f) of the Uniform Securities Act, upon which the majority of state securities laws are based, similarly excludes from the definition of investment adviser publishers of any bona fide newsletter, business or financial publication or service that do not render advice on the basis of specific investment situation of particular clients.  Under no circumstances shall Company be liable for any investment losses attributed to the use of the Service.
  18. TERMINATION. Company reserves the right to terminate your use of the Service and/or the Site at any time, for any reason or without reason.
  19. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

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