PerformingMind website Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE:

Access to and use of this site are subject to the following terms and conditions and all applicable laws. Please review these terms and conditions on a periodic basis, as they are subject to modification, alteration, or update at any time and at the sole discretion of Moquini Management and Clinton Gahwiler. If you do not agree to any term or condition, you should not use this site.

COPYRIGHT NOTICE

This World Wide Web site and all of its content, including but not limited to the text and images used herein and their arrangement, is copyright © Moquini Management and Clinton Gahwiler.

TRADEMARKS NOTICE

Moquini Management, Moqman, PerformingMind and all other Moquini Management names, businesses, and products referenced herein are trademarks or registered trademarks. All other products and company names referenced herein, may be the trademarks of their respective owners. Moquini Management does not authorize the use of any trade name, trademark, registered trademark, logo, or any copyrighted material referenced herein for any purpose whatsoever, including non-commercial applications.

RESTRICTIONS ON USE

No permission is granted for the use of the materials, information, text or graphics, and/or to use the materials on your Web Site in any way or for any reason without prior specific authorization from Moquini Management. Moquini Management reserves all rights not expressly granted herein.

THIRD PARTY SITES

Moquini Management & Clinton Gahwiler may from time to time provide links and pointers to Internet sites maintained by third parties ("third party sites") and it may from time to time provide materials from third parties on this Web Site. These third party sites and any third party materials are provided for your convenience only. Moquini Management does not operate or control in any respect any information, products or services available on these third party sites and Moquini Management is not responsible for their content. Moquini Management makes no representations whatsoever concerning the content of these sites and the fact that Moquini Management has provided a link to such sites is NOT an endorsement, authorization, sponsorship, or affiliation by Moquini Management with respect to such sites, its services, the products displayed, its owners, or its providers. You access these sites at your own risk.

DISCLAIMER

There are certain risks in using any information, software, or products found on the Internet; and Moquini Management cautions you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.

Visitors to this Web Site assume all responsibility and risk for the use of this Web Site. Information published on this Web Site is provided without charge as a convenience to visitors, to be used for informational purposes only.

ALTHOUGH REASONABLE CARE HAS BEEN TAKEN WITH REGARD TO THIS SITE'S CONTENT, Moquini Management & Clinton Gahwiler DOES NOT WARRANT OR REPRESENT THAT THIS SITE'S CONTENT IS ACCURATE, COMPLETE, OR UP-TO-DATE, NOR DOES IT WARRANT OR REPRESENT THAT ACCESS TO AND USE OF THIS SITE OR THE SERVER WHICH MAKES IT AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE, AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH Moquini Management ASSUMES NO RESPONSIBILITY.

ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE MATERIALS AVAILABLE ON THIRD PARTY SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

LIMITATION OF LIABILITY

Moquini Management is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of this site or with respect to the material provided and/or contained on this site.

In no event shall Moquini Management be liable for any special, direct, indirect, incidental, or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the Moquini Management Web Site.

Notwithstanding the above, in no event shall Moquini Management's total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to Moquini Management by you in connection with the transaction claimed by you to give rise to your claim.

COMMUNICATIONS AND SUBMISSIONS

All personal data posted or transmitted to Moquini Management & Clinton Gahwiler over the internet, as per instruction when using the contacts form, such as name, address and contact information, will remain confidential and private. Any communication submitted to Moquini Management regarding products and experiences, or e-mail messages, will be treated as non-confidential and non-proprietary and will forever be the sole property of Moquini Management. By transmitting or posting any such communication or material to this company or to this site you agree that Moquini Management or its subsidiaries may use your communication or material for any purpose, including but not limited to reproduction, distribution, transmission, publication, broadcast, advertising or posting, and you agree that Moquini Management or its licensees will not be liable to you for its use of any such communication or material. Moquini Management shall be free to use or authorize the use of any ideas, concepts, know-how or techniques contained in such communication or material for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services incorporating such information in perpetuity.

Do not post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Do not post copyrighted material of which you are not the owner or licensee.

You acknowledge that you are solely responsible for whatever material or communication you submit to this Web Site, and you, not Moquini Management, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

TERMINATION

Moquini Management & Clinton Gahwiler or you may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Web Site. Moquini Management may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials obtained from this Web Site.

INTEGRATION

This agreement constitutes the entire Agreement between you and Moquini Management and supercedes any prior oral or written arguments, understandings, or other communications between parties. This Agreement may not be modified except in writing signed by both you and an authorized signatory of Moquini Management.

OTHER

The headings in this agreement are for reference purposes only and have no legal effect. If any portion of this agreement is void or unenforceable in whole or in part, the remaining provisions of this agreement shall remain in effect.