Terms of Use & Privacy Policy

Alliance Performance Systems, Inc. Terms of Use

Alliance Performance Systems, Inc. provides information on our website (the “Site”) subject to the following terms and conditions (the”Terms of Use”). The terms “we, ” “our, ” “us, ” and “APS” refer to Alliance Performance Systems, Inc. The term “you” refers to each individual user of this site and, if applicable to your use, your employer or firm. By accessing or using the site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Use and our Privacy Policy.

Privacy

Please review the APS Privacy Policy below, which also governs your visit to the Site, so that you may understand our privacy practices.

Scope and Accuracy of Information

In making this Site available, no client, advisory, fiduciary or professional relationship is implicated or established and neither APS nor any other person is, in connection with this Site, engaged in rendering auditing, accounting, tax, legal, advisory, consulting or other professional services or advice. Neither this Site nor any content on or accessed through this Site shall be considered a substitute for the independent investigations and the sound technical and business judgment of the user of this Site and the user should consult with a professional advisor familiar with your particular factual situation for advice or service concerning specific matters.

APS attempts to be as accurate as possible when describing our organization and services on the Site; however, to the extent permitted by applicable law, we do not warrant that the services or content available on the Site are accurate, complete, reliable, current or error-free.

Intellectual Property

Unless otherwise noted, APS owns or licenses all content available on this Site, including but not limited to the text, photographs, images, graphics, audio or video clips, and any compilation or arrangement thereof (the “Content”). All Content is protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights.

The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are owned by APS, in the United States or other countries, and are protected by United States and international trademark laws. All other Trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by APS.

Limited License

APS grants you a limited, revocable, and non-exclusive license to access and make personal use of the Site. Please note that you may not frame or utilize framing techniques to enclose the Site or any portion thereof without our prior written consent.

The limited license set forth herein does not include the right to: (i) copy, modify or download, other than as expressly permitted, the Site or its Content (except caching or as necessary to view the Content); (ii) make any use of the Site or its Content other than for your personal informational purposes, and if applicable, for informational purposes for your employer or firm; (iii) create any derivative work based upon either the Site or its Content; or (iv) use any meta tags or any other “hidden text” utilizing the name or Trademarks of APS without our express written consent.

A website that links to our Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; and (iii) may not misrepresent its relationship with us. APS may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.

Any unauthorized use by you of the Site terminates the limited license set forth in this section without prejudice to any other remedy provided by applicable law.

Links to Other Websites

Links on this Site may lead to websites maintained by individuals or organizations other than APS. These links are for your convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service or website. We are not responsible for such websites or their content, and we make no representation or warranty regarding the accuracy, timeliness, suitability or any other aspect of the content located on such websites, and we do not monitor nor endorse such websites or content.

Representations and Warranties; Limitations of Liability

ALLIANCE PERFORMANCE SYSTEMS, INC., INCLUDING WITHOUT LIMITATION THE RESPECTIVE DIRECTORS, PRINCIPALS, CORPORATE OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, TIMELINESS, SUITABILITY OR ANY OTHER ASPECT OF THIS SITE OR ANY CONTENT ON OR ACCESSED THROUGH THIS SITE FOR ANY PURPOSE, ALL OF WHICH IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ALLIANCE PERFORMANCE SYSTEMS, INC., HEREBY DISCLAIMS ALL WARRANTIES AND OBLIGATIONS WITH REGARD TO THE SITE OR ANY CONTENT ON OR ACCESSED THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND OBLIGATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, UNLESS AND TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. IN NO EVENT SHALL ALLIANCE PERFORMANCE SYSTEMS, INC., ITS DIRECTORS, PRINCIPALS, CORPORATE OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, (INCLUDING BUT NOT LIMITED TO LIABILITY FOR INTERRUPTION OF BUSINESS, LOSS OF USE, DATA OR PROFITS), WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY CONTENT ON OR ACCESSED THROUGH THIS SITE, OR ANY COPYING, DISPLAY OR OTHER USE THEREOF.

Indemnification

You agree to defend, indemnify and hold APS harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site.

Disputes

With respect to any dispute regarding the Site, your rights and obligations and all actions contemplated by these Terms of Use shall be governed by the laws of the state of Florida, as if the Terms of Use were a contract wholly entered into and wholly performed within Florida. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration before a single arbitrator in Florida, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be administered by JAMS and governed by JAMS’ then prevailing rules. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Copyright Complaints

APS respects the intellectual property of others. If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please email info@allianceperformance.com to notify us of claimed infringement.

General

This Site and its Content are made available only to provide information about APS. APS maintains this Site in Florida, USA, and makes no representation that this Site or any content on or accessed through the Site are appropriate or available for use in other jurisdictions. You are responsible for compliance with all applicable laws and regulations (Certain state law limitations may affect the manner in which we are retained. For example, see California’s Public Insurance Adjuster’s Act (Cal. Ins. Code § 15006 to 15032).

You acknowledge and agree that these Terms of Use, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

APS reserves the right, in our sole discretion, to change these Terms of Use at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions.

In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole. APS will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

Privacy Policy

Alliance Performance Systems (“APS” or “we” or “our” or “us”) respects your privacy as a visitor to our Site. It is important for you to understand what information we collect about you during your visit and what we do with that information. Your visit to this Site is subject to this “Privacy Policy” and our Terms of Use.

Information Collection and Use

APS will not use information provided through your use of this Site except as set forth in this Privacy Policy.

Active Data Collection

Like many other web sites, we actively collect information from our visitors both by asking specific questions on this site and by permitting you to communicate directly with us via email. Some of the information that you submit may be personally identifiable (that is, information that can be uniquely identified with you, such as your name, address, email address, phone number, etc.). We use this information to send you further information regarding APS.

Passive Data Collection

We may collect, store or accumulate certain non-personally identifiable information concerning your use of this Site, such as information regarding which of our pages are most often visited. We may share with or transfer to third parties such non-personally identifiable information for the purpose of maintaining the Site, responding to direct inquiries or measuring traffic and traffic trends at this Site. We do not otherwise provide or sell any of this information to third parties. We do not currently use “cookies” – files written to the visitor’s computer that are used by some Sites for record-keeping or to remember certain information about visitors. We reserve the right to change our Privacy Policy with respect to our practices regarding the use of cookies and collection of information from visitors.

Use of Information

APS uses your personal information to enhance the operation of this Site, allow you to use all of its features and respond to your requests for information. APS may contact you about new features or services in which it believes you may be interested.

We may disclose any information we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request.

Log Files

We may use IP addresses to analyze usage, administer our Site, and gather demographic information for aggregate use.

Third Parties

We may retain other companies and individuals to perform functions on our behalf. Examples include data analysis firms and web hosting companies. Such third parties may be provided with the information described above.

Opting Out

You may opt out of receiving marketing messages from APS by notifying us at info@allianceperformance.com.

You should review this privacy policy carefully, because if you do not agree with our practices, your ultimate choice is not to use this Site. Remember, by using any part of this Site, you accept and agree to our privacy practices. If we update this privacy policy, your continued use of this Site (following the posting of the revised policy) means that you accept and agree to the terms of the revised privacy policy.

Links

This Site may contain links to or from other websites. Please be aware that we are not responsible for the privacy practices of other websites. This Privacy Policy applies only to the information we collect on this Site. We encourage you to read the privacy policies of other websites you link to from our Site or otherwise visit.

Notification of Changes

We may revise this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post the revised policy here. As we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy Policy. Please note that our rights to use any information collected will be based on the privacy policy in effect at the time the information is used.