Terms of use

SUMMARY
performanceportal.org is an online resource dedicated to the Performance Measurement Association (PMA).  Your use of performanceportal.org website specifies that you agree to comply with these Terms of Use. Except as otherwise explicitly agreed in writing, PMA owned content received through the performanceportal.org website may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only, through the means of your home or office computer.

COPYRIGHT
All rights reserved, including copyright and database right. All material on this web site is copyright of the PMA. Material on the site may be reproduced free of charge in any format or medium for research, private study and personal non-commercial use. This is subject to the material being reproduced accurately and not used in a misleading context. The permission to reproduce the PMA's material does not extend to any material on this site which is identified as being the copyright of a third party (for example photographs, logos etc.) Authorisation to reproduce such material must be obtained from the copyright holders concerned. The PMA encourages users to establish hypertext links to this site.

TRADEMARKS
performanceportal.org, the performanceportal.org logo, http://www.performanceportal.org and other performanceportal.org marks, graphics, logos, scripts, and sounds are trademarks of performanceportal.org. None of the performanceportal.org trademarks or branding may be copied, downloaded or otherwise exploited without performanceportal.org’s prior written consent. Requests for permission to use our logo should be directed to pma@performanceportal.org.  Tell us how and why you wish to use our logo. Please include your contact details, name, address, telephone number  and email.

YOUR RESPONSIBILITIES
You must only use the performanceportal.org services for lawful and authorised purposes only. You are prohibited from using the performanceportal.org services in a way that:

• violates the rights of any third part including such third party’s patents or patentable inventions, trademarks, trade secrets, copyright, publicity or other proprietary or intellectual property rights;
• uses any unauthorised means to access the performanceportal.org Services;
• accesses the performanceportal.org Services through any automated system, including "robots," "spiders," or "offline readers" (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the performanceportal.org Services);
• attempts, whether successfully or not, to introduce viruses, malware, spyware, trojans or any other malicious computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• attempts to damage, disable, overburden, impair, or gain unauthorised access to the performanceportal.org servers, or computer network, the performanceportal.org website itself or user accounts;
• attempts to collect personally identifiable information from performanceportal.org;
• involves conduct that is a criminal offence in your country, encourages conduct that would constitute a criminal offence, or that gives rise to civil liability of any kind;
• violates these Terms, guidelines or any policy posted on the performanceportal.org Site; or
• interferes with any other party's quiet use and enjoyment of the performanceportal.org Services.

No Spam/Unsolicited Communications. No one may use the performanceportal.org Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk mail, spam or other unsolicited communications. You understand that we may take any technical remedies to prevent unsolicited bulk or other communications from entering, utilising or remaining within our computer or communications networks.
Suspension/Discontinuation. We hope not to, but we may find it necessary to change, suspend or discontinue — temporarily or permanently — some or all of the performanceportal.org Services, at any time without notice. It is important that you understand that PMA will not be liable to you for any modification, suspension or discontinuance of the performanceportal.org services.

ACCOUNTS
We may from time to time offer various features that require registration or the creation of an account on performanceportal.org. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply.

i) Account security
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorised use by any third party. You must not share your password with any third party. Please contact us at pma@performanceportal.org with the subject line: "Account Security Breach" as soon as you know of, or suspect any unauthorised use of, your account.  Please also make sure to notify us if your registration information changes, in case we need to contact you.
ii) Termination
You may terminate your account by contacting us at contact us (subject line: "Account Termination Request"). Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.

We reserve the right to immediately terminate your account or your use of the performanceportal.org Services at any time without notice or liability if performanceportal.org determines in its sole and absolute discretion that you have breached these Terms of Use, violated any law, rule, or regulation, or engaged in other inappropriate conduct. We also reserve the right to terminate your account or your use of the performanceportal.org Services if your use places an undue burden on our networks or servers. In the event of termination of these Terms by us under this paragraph, you forfeit the right to any refund of the fees and charges paid by you to us.

COLLECTION AND USE OF PERSONAL INFORMATION
For information about performanceportal.org policies and practices regarding the collection and use of your personally identifiable information, please read performanceportal.org Privacy Policy. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the performanceportal.org Site and use of the performanceportal.org Services on the Site is governed by the performanceportal.org Privacy Policy in effect at the time of your use.

USER COMMENTS, REVIEWS, DIRECTORY AND FORUM USE
Your Posts. As part of the performanceportal.org Services, users may have an opportunity to publish, transmit, submit or otherwise post reviews, comments or other materials.  You must not post information that: (a) is not suitable for, or within the scope of subjects performanceportal.org; or (b) improperly claims the identity of another person. You are not obliged to provide personal information as part of your post and it is your choice as to whether you decide to post personally identifiable information, such as your full name, email address, telephone number or street address. You agree to pay for all royalties, fees, and other payments owed to any third party as a result of any posts you make. performanceportal.org may in its absolute discretion remove any and all parts of your posts without notification to you if advised that it infringes a third person's intellectual property or other rights. You understand that performanceportal.org does not guarantee any confidentiality with respect to any information posted and you should assume that your posts will be available to the public domain.

Third Party Posts. Despite these restrictions, please be aware that some material, contributions or posts provided by users (“User Material”) may be objectionable, unlawful, inaccurate or inappropriate. performanceportal.org does not endorse User Material. User Material that is available on performanceportal.org does not reflect the opinions or policies of the performanceportal.org, the PMA or its organisers. In no event does performanceportal.org, the PMA or its organisers assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against performanceportal.org, the PMA or its organisers with respect to such User Material. If you are aware of any inappropriate User Material please notify us by contacting us at pma@performanceportal.org (subject line: "Inappropriate User Material").

Membership Directory Use. Members may use the information contained on this Internet site and its directories for individual networking and communication. No part of the information available on this site can be redistributed, copied, or reproduced for commercial or non-personal use without the prior written consent of the PMA. Specifically, users of the site may not compile PMA member names/addresses to be used for product promotion, unwanted/unsolicited communications, mass mailings or “spamming”. PMA reserves the right to monitor the use of the information contained herein and can take appropriate remedial action, including, but not limited to, barring access to parts of the site for violations of this policy.
Discussion Forum. Those posting messages on the PMA Discussion Forum grant to PMA an irrevocable license to republish and use such messages in the discretion of PMA. PMA also explicitly reserves compilation copyright on the collected messages of this discussion list. Individual messages are copyrighted by the original authors.

LINKED WEBSITES AND ADVERTISING
Third Party Websites. If we provide links or pointers to other websites, no inference or assumption should be made that performanceportal.org, the PMA or its organisers operates, controls, supports, endorses or is otherwise connected with these websites. By using the performanceportal.org Services, you acknowledge and agree that neither performanceportal.org or its organisers is responsible or liable to you for any content or other materials hosted and served from any third party website or your use of any other website, even if hyperlinked from performanceportal.org.
Advertisements. performanceportal.org is not liable for advertisements or any third party material Posted on any of the Sites, or for the products or services provided by such advertisers. You agree to waive any legal or equitable rights or remedies you may have against performanceportal.org, the PMA or its organisers with respect to such advertisers, products or services.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
You agree that use of the performanceportal.org Services is done at your own risk. The performanceportal.org Services, including the performanceportal.org site and the other Sites, the content, user material and any other materials and information contained on or provided through the sites, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, performanceportal.org does not make any warranties of fitness for a particular purpose, or that the performanceportal.org services will be uninterrupted, free of viruses or other harmful components, accurate, error free or reliable. In no event shall performanceportal.org, the PMA, its organisers, their respective affiliates, licensors, officers, directors, employees or agents (collectively “performanceportal.org parties”) be liable for any direct, indirect, punitive, incidental, special, consequential or other damages, including loss of profits, income or savings arising out of, or in any way related to the use of the performanceportal.org Services (including any information, products or services advertised in, obtained on or provided through the sites), whether based in contract, tort, strict liability or other theory, even if the performanceportal.org parties have been advised of the possibility of damages. Certain laws in your state/country do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you but only to the extent prohibited by your country’s or state’s laws. You agree to defend, indemnify and hold harmless performanceportal.org parties from and against any and all liabilities, claims, damages, expenses (including reasonable attorney's fees and costs), and other losses arising out of or in any way related to your breach or alleged breach of these Terms and your use of the performanceportal.org Services.

No Waiver/Reliance. If you see other users violating these Terms from time to time, we would appreciate it if you would let us know via email at pma@performanceportal.org (subject line: "TOU Violation"). performanceportal.org's response in one situation cannot be relied upon as any indication of what performanceportal.org might do with respect to a different party or a different situation at a different time. In addition, a waiver of any provision of these Terms of Use with respect to any user cannot be relied upon as a further or continuing waiver of such provision or any other provision with respect to that user or any other user. performanceportal.org’s decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy.

CONTENT DISCLAIMER
The information on our web pages is provided for convenience as part of the service we offer at this website. Every effort has been made to ensure the accuracy of the information contained in these pages. The PMA, its servants or agents shall not at any time, in any circumstances, be held responsible or liable to any party in respect of any loss, damage or costs of any nature arising directly or indirectly from reliance placed on the material in these pages, or any other guidelines or policies issued by the PMA. Visitors who rely on this information do so at their own risk. All liability for loss, disappointment, negligence or other damage caused in the event of the bankruptcy or liquidation or cessation of trade of any company, individual or firm mentioned is hereby excluded. Similarly no adverse inference should necessarily be drawn from the fact that any organisation or person or other information has been omitted from these pages. The PMA is not responsible for the content or reliability of linked websites. Listing should not be taken as endorsement of any kind. We cannot guarantee that these links will work all of the time and we have no control over availability of pages.

VIRUS PROTECTION
We make every effort to check and test material at all stages of production. It is always wise for you to run an anti-virus program on all material downloaded from the Internet. We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from this website.

COOKIES
The PMA's website uses cookies (A cookie is a file created by an Internet site to store information on your computer, such as your preferences when visiting that site as well as helping the site customize the view for you the next time you visit.) in order to enhance your visit to the site - you may however choose to disable cookies on your CPU by which means no trace of your visit will be left on the PMA's website.

CHANGES TO THE TERMS OF USE BY PMA
The PMA may change these Terms of Use at any time without notice and such change shall be immediately effective upon posting the new Terms on the performanceportal.org Site.  Any visit to the performanceportal.org site or use of the performanceportal.org Services on any of the Sites by you after the new Terms are posted will indicate your agreement to such change.

These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales. If these terms and conditions are not accepted in full, you do not have permission to access the contents of this website and therefore should cease using this website immediately. If you have any questions or comments about these Terms, please contact us via email at pma@performanceportal.org. Thank you for taking the time to read these Terms. By following these Terms, the experience will be better for all users. Enjoy performanceportal.org!