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Terms of Use, Copyright Notice and Privacy Policy
Welcome to the website of Performance Dynamics®, Inc., developer of the ASTYM® system. Performance Dynamics maintains the Site as a service to its visitors, subject to the following terms and conditions concerning the use of the Site ("Terms of Use"). When you use the Site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use the Site. Performance Dynamics reserves the right to modify content on the Site and these Terms of Use periodically without prior notice.
Use of Content on the Site
You may view, download, and print contents from the Site subject to the following conditions: (a) the content must be used solely for personal informational purposes; and (b) the content may not be modified or altered in any way; and (c) any copy of the document or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original; and (d) you may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Performance Dynamics without the express written consent of Performance Dynamics. You may not use any meta tags or any other "hidden text" utilizing Performance Dynamics name or trademarks without the express written consent of Performance Dynamics. You may not use any Performance Dynamics® logo or other proprietary graphic or trademark as part of the link without express written permission.
You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by Performance Dynamics.
Copyright Information
The Site and the content within the Site are the property of Performance Dynamics and are protected by United States copyright laws. The compilation, organization and display of the content, as well as all software and inventions used on and in connection with this Site, are the exclusive property of Performance Dynamics. Performance Dynamics reserves all rights in the Site and its content not specifically granted in any agreements with Performance Dynamics or in the Terms of Use.
Trademark Information
Performance Dynamics, Inc., ASTYM and other marks on our Site are trademarks of Performance Dynamics. Other marks, graphics, logos, page headers, button icons, scripts noted on the Site are service marks, trademarks and/or trade dress of Performance Dynamics and are the sole and exclusive property of Performance Dynamics.
Third Party Websites and Information
The Site may provide hyperlinks to third party websites or access to third party content. Performance Dynamics does not control, endorse, or guarantee content found in such sites. These links are provided solely as a convenience to you and not as an endorsement by Performance Dynamics of the contents on such third-party websites. Performance Dynamics is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.
Postings
This Site may act as a venue for employers to post job opportunities and candidates to post resumes and will not screen or censor the listings offered. Performance Dynamics is not involved in the actual transaction between employers and candidates. As a result, the Company has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site.
Performance Dynamics may allow for online message boards, chat rooms, discussions, postings, transmissions, and other information provided by third parties on this Site. In that event, Performance Dynamics, Inc., is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such communications or information, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, danger, or inaccuracy of any such information. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Performance Dynamics reserves the right to monitor all postings and to remove any which it considers in its absolute discretion to be inappropriate. You hereby represent and warrant that you have all necessary rights in and to all postings you provide and all material they contain; that your postings shall not infringe any proprietary or other rights of third parties. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
Transmissions to Website
If you send any communications or materials to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Performance Dynamics for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Performance Dynamics is free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose, including, but not limited to, developing, manufacturing, and marketing products using such information.
Jurisdiction
Performance Dynamics operates this Site from its Corporate Headquarters in Muncie, Indiana. Any dispute regarding the Site shall be governed by and construed in accordance with the laws of the State of Indiana without regard to the conflict of laws provisions thereof, and shall be brought only in the courts of appropriate jurisdiction in Delaware County, Indiana or the Federal District Court for the Southern District of Indiana. You irrevocably consent to jurisdiction and venue in such courts for disputes pertaining to this Site.
Privacy is of great concern to most users of the Internet, and is a critical part of an enjoyable and satisfactory user experience. We at Performance Dynamics are aware of and sensitive to the privacy concerns of our Network Members and other visitors to our Site. Accordingly, we do not collect personal information from you unless you provide it to us. When you visit our Site, our computers may automatically collect statistics about your visit. This information does not identify you personally, but rather about a visit to our Site. We may monitor statistics such as how many people visit our Site, the user's IP address, which pages people visit, from which domains our visitors come and which browsers people use. These statistics are used to help us improve the performance of our Site. Performance Dynamics may share the personal information that you supply to us with other companies or organizations in order to provide you with opportunities to explore services or products that may be of interest to you, unless you notify us in writing that such information is confidential.
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