Terms of Service for Performance CTV
1. Introduction:
This document sets forth the terms of service (the "Agreement") that govern the use of Performance CTV’s products, services, and website (collectively, the "Services"). By accessing or using the Services, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not use the Services.
2. General Terms:
This Agreement constitutes the entire agreement between you and Performance CTV regarding the use of the Services and supersedes any prior agreements between you and Performance CTV regarding the use of the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure of Performance CTV to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event of a conflict between this Agreement and any terms posted for a specific portion of the Services, the latter terms shall control with respect to your use of that portion of the Services.
3. User Conduct:
You agree that you will not use the Services for any unlawful purpose or to engage in any activity that is harmful to the Services or any third party. You are solely responsible for your conduct while using the Services and for any Content (as defined below) you make available through the Services.
4. Limitation of Liability:
In no event will Performance CTV be liable to you for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; or (iv) unauthorized access, use or alteration of your transmissions or content.
5. Proprietary Rights:
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Services for your personal, non-commercial use only. You hereby acknowledge that your use of the Services does not grant you any ownership or other proprietary rights in the Services or any of its Content.
6. Disclaimer of Warranties:
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
7. Forced Arbitration:
You and Performance CTV agree that any dispute, claim, or controversy arising out of or related to this Agreement, the Services, or any content or products offered by Performance CTV (collectively, a "Dispute") will be resolved through binding arbitration and not in a court of law. Any such arbitration shall be initiated and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA").
8. Waiver of Jury Trial and Class Actions:
You and Performance CTV each waive any right to a trial by jury and agree not to participate in class action lawsuits. This means that you and Performance CTV both agree to resolve any Disputes through individual arbitration and not through a class action.
9. Changes to the Agreement:
Performance CTV reserves the right to modify the terms of this Agreement at any time. If Performance CTV makes changes to this Agreement, we will provide you with notice of such changes, such as by sending you an email or posting the updated Agreement on our website. Your continued use of the Services after any such changes constitutes your acceptance of the new terms.
10. Contact Information:
If you have any questions about this Agreement, please contact us at griffin@performancectv.com
11. Effective Date:
This Agreement is effective as of January 23, 2023.