We’re excited about helping you and passionate about small businesses! And like you, we’d love to operate in an environment free of legalese and red tape. But nobody, including us, wants to be taken advantage of or left defenseless if something happens.
For You Alone
What you buy from us, you buy for yourself. Alone. You are not free to give it away to others, post it on subway walls or the Internet, or resell under your own banner. When using our materials or upon seeing © (copyright), take it as fair warning that raving bureaucrats from Washington will show up at your doorstep and program your phone to play Barry Manilow around the clock at full volume until you stop giving away or reselling our stuff to others.
For Us Alone
Unless you post a question you’d like us to share publicly on our website, when we take in your personal information it’s just for us and only what we need to know about you to serve you well. Though we reserve the right to employ guys named Vinny, we never station them in dark alleyways (or elsewhere) to sell your information to others.
No Warranties or Guarantees
We do not provide any warranties or guarantees on our info, services or materials or those of others we may reference or make links to. Here’s why… If you put your best electrical wiring and repair instructions online or in print and don’t disclaim warranties on your stuff… and some guy uses them but forgets to turn off the power first or skips over or reconfigures crucial steps… what’s gonna happen? He is going to get shocked pretty badly and then you’re going get fried by his lawyers! That’s why you’ll rarely, if ever, see a user agreement that does not include a broad disclaimer or warranties and guarantees.
The material on www.performidable.com is meant to be shared for informational, non-commercial use only. All information on our website is copyrighted by James Smith or PERFORMIDABLE, LLC. Unless otherwise noted, you may access and use information and materials on our website for your personal use. You may not modify, adapt, transmit, exploit, or copy for distribution or sale any information or material on our website. You must obtain written permission from us or any other party who owns intellectual property on our website or content linked to our website before you may publish, distribute, display or commercially exploit any materials from our website. By using our website, you agree to abide by all copyright notices or other posted restrictions.
Blog content appearing on www.performidable.com may be shared or reposted on private blogs and websites, but must link directly to the original blog content on our website.
PERFORMIDABLE agrees to never sell or distribute your email address to third parties. Unsubscribing from any particular email list does not necessarily unsubscribe you from other email lists with PERFORMIDABLE, LLC. Users agree to provide PERFORMIDABLE, LLC with an up-to-date email address.
No warranty or guarantee is made by PERFORMIDABLE, LLC regarding any information, services or products provided through or in connection with the service. PERFORMIDABLE, LLC hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy or content of information, products or services; any warranties of merchantability or fitness for a particular purpose. In states/provinces that do not allow the exclusion of implied warranties, the above exclusion may not apply to you.
No endorsement, warranty or guarantee is made by PERFORMIDABLE, LLC regarding any writers, speakers, products or services offered on our website or any websites we link to. We are not a party to and do not monitor any transactions that occur between our website visitors and third-party providers of products or services.
Limitation of Liability
Our information, materials and services are for informational purposes. You alone accept full responsibility and accountability for decisions impacting upon and control of your life and business, and agree to not attempt to hold us liable for any such decisions, actions or results, at any time under any circumstances. We and third parties that may be linked to or referenced in any way on our website make no warranties concerning any action or application by any person following the information offered or provided within or through our website. Neither we nor third parties will be liable for direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to business disruption and economic loss.
Legal and Tax
In no case does the information provided within or through our website constitute legal or tax advice. Should you need such advice, for yourself or your business, you should pursue it directly through a qualified legal or tax professional.
We respect the trust that you place in us when you provide us your identifying information, and have every intention of protecting your privacy. We do not sell or disclose your information, including your email address, to non-affiliated third parties, except as may be required by law such as in the case of a warrant, subpoena or court order, and we do not anticipate doing so in the future.
We collect information about you in order to process or facilitate your purchase of materials or participation in services. We collect information about you in conjunction with questions or requests for information you may post on our website. As a visitor to our website, you are able to engage in many activities without providing us personal information.
Visitor Question Posts
On the Ask Jim section of our website, you may post questions for us to respond to in public fashion – such as on our blog page. In such cases, you may be asked to authorize us to share certain information about you, such as your business industry, in our response. By submitting a question on this section of our website, you authorize us to publicly share and respond to your question as it is submitted, and you will also be given the opportunity to authorize us to reference your industry in the event that we choose to publicly answer your question. It is your sole responsibility to ask your question in such a manner as to protect the identity and privacy of yourself and your business.
If you opt in to receive free information or materials from us, subscribe to any of our services, purchase any of our materials, or sign up for any online or live event we may promote, you will automatically be subscribed to our free newsletter. You may opt out of receiving this newsletter at any time. We include an unsubscribe link at the bottom of each email to enable you to do so. If for any reason you have trouble unsubscribing from our email communications, please email us at firstname.lastname@example.org immediately.
Our website contains links to other websites that contain or offer information, materials or content that could be useful to our visitors. These websites may collect information from you and will have privacy policies that are wholly separate and apart from our privacy policies. We have no influence or control over these external websites, their privacy policies, or information collection practices. Accordingly, when visiting these websites, you will need to review their policies and practices before providing any personal information.
When you use our website, we or our authorized technology service providers may also collect certain technical and routing information from you to facilitate your use of the website and its services. We use this information to administer the website and to understand and measure traffic patterns on the website so that we know which areas of our website are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our website. This information is collected in aggregate form, without identifying you or any user individually. We may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes.
This data is often tracked by us or our technology service providers by using “cookies” during your visit. A cookie is a small amount of data that is transferred to your browser by a web server and can only be read by the server that give it to you. It functions as your identification card and enables us to record your passwords, purchases and preferences. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.
We are here to help you. Should you have any questions for us, please contact us at:
P.O. Box 2190
Harrisonburg, VA 22801
This agreement contains the entire agreement between the visitor and PERFORMIDABLE, LLC regarding the use of the service, and supersedes all prior written and oral understandings and writings.
The agreement shall be governed pursuant to the laws of the Commonwealth of Virginia. The visitor hereby warrants and represents that he or she is in all respects qualified and competent to enter into this agreement. 9/16