Terms of Use

Please read these terms and conditions of use before using this site:

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site. The Web is an evolving medium; we may change the terms of this Visitor Agreement from time to time. By continuing to use this website after we post any such changes, you accept the Visitor Agreement, as modified.Your continued usage of the Theperformanceleader website (“Theperformanceleader Site,” or the “Site,”) will mean you accept those changes.

Index

* THE SITE DOES NOT PROVIDE MEDICAL ADVICE

* USE OF CONTENT

* LIABILITY OF THEPERFORMANCELEADER AND ITS LICENSORS

* USER SUBMISSIONS / USER GENERATED CONTENT

* PASSWORDS

* THEPERFORMANCELEADER SUBCRIPTION SERVICES

* THEPERFORMANCELEADER PUBLIC AND MEMBER TO MEMBER AREAS (“PUBLIC AREAS”)

* ADVERTISEMENT, SEARCHES AND LINKS TO OTHER SITER

* INDEMNITY

* GENERAL

* JURISDICTION

* NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT

* COMPLETE AGREEMENT

The site does not provide medical advice

The contents of the Theperformanceleader.com Site, such as text, graphics, images, animations, videos, calculators, symptom checker and/or any information obtained from Theperformanceleader’s licensors, and other material contained on the Theperformanceleader Site (“Content”) are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Theperformanceleader.com Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. Theperformanceleader.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Theperformanceleader.com, Theperformanceleader.com employees, others appearing on the Site at the invitation of Theperformanceleader.com, or other visitors to the Site is solely at your own risk.

The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

Use of content

Theperformanceleader.com authorizes you to view or download a single copy of the material on the Theperformanceleader Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright © 1996 – 2004, Theperformanceleader.com, Inc. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Theperformanceleader Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Theperformanceleader or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Theperformanceleader.com. All rights not expressly granted herein are reserved to Theperformanceleader.com and its licensors.

If you violate any of these Terms and Conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of THEPERFORMANCELEADER.COM and its licensors

The use of the Theperformanceleader.com Site and the Content is at your own risk.

When using the Theperformanceleader.com Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Theperformanceleader.com and its suppliers. Accordingly, Theperformanceleader.com assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Theperformanceleader.com Site.

The Theperformanceleader.com Site and the content are provided on an “as is” basis. THEPERFORMANCELEADER, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Theperformanceleader.com, its licensors, and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Theperformanceleader.com Site.

2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Theperformanceleader Site.

In no event shall Theperformanceleader.com, its licensors, its suppliers, or any third parties mentioned on the Theperformanceleader.com Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Theperformanceleader.com Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Theperformanceleader.com, its licensors, its suppliers, or any third parties mentioned on the Theperformanceleader.com Site are advised of the possibility of such damages. Theperformanceleader.com, its licensors, its suppliers, or any third parties mentioned on the Theperformanceleader.com Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Theperformanceleader.com, its licensors, its suppliers, or any third parties mentioned on the Theperformanceleader.com Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

User submissions

You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission, you agree that you will not send or transmit to Theperformanceleader.com by email, (including through the email addresses listed on the “Contact Us” link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Theperformanceleader.com by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Theperformanceleader.com by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Theperformanceleader.com a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Theperformanceleader may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Theperformanceleader.com by email. We try to answer every email in a timely manner, but are not always able to do so.

Passwords

Theperformanceleader.com offers several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Theperformanceleader.com passwords and/or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Theperformanceleader.com account and password; (3) promptly inform Theperformanceleader.com of any need to deactivate a password. You grant Theperformanceleader.com and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Theperformanceleader.com cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Theperformanceleader.com tools and services.

THEPERFORMANCELEADER.COM public and member to member areas (“Public Areas”)

If you use a Public Area, such as a chat room, bulletin board or community, you are solely responsible for your own communications and the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Theperformanceleader.com and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

An consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

1. Using a Public Area for any purpose in violation of local, state, national, or international laws;

2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;

3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Theperformanceleader.com in its sole discretion;

4. Posting advertisements or solicitations of business;

5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

6. Posting chain letters or pyramid schemes;

7. Impersonating another person;

8. Distributing viruses or other harmful computer code;

9. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;

10. Allowing any other person or entity to use your identification for posting or viewing comments

11. Posting the same note more than once or “spamming”; or

12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Theperformanceleader, exposes Theperformanceleader or any of its customers or suppliers to any liability or detriment of any type.

THEPERFORMANCELEADER.COM reserves the right (but is not obligated) to do any or all of the following:

1. Record the dialogue in public chat rooms.

2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.

4. Terminate a user’s access to any or all Public Areas and/or the Theperformanceleader Site upon any breach of these Terms and Conditions.

5. Monitor, edit, or disclose any communication in the Public Areas.

6. Edit or delete any communication(s) posted on the Theperformanceleader Site, regardless of whether such communication(s) violate these standards.

Theperformanceleader or its licensors have no liability or responsibility to users of the Theperformanceleader Site or any other person or entity for performance or nonperformance of the aforementioned activities

By sending us a review of a diet or weight loss product, the sender agrees to allow Theperformanceleader.com to post the review, unless otherwise noted. We invite you to bring to our attention any material you believe to be factually inaccurate. We respect all opinions.

Advertisements, searches and links to other sites

Theperformanceleader.com may provide links to third-party web sites. Theperformanceleader.com also may select certain sites as priority responses to search terms you enter and Theperformanceleader.com may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Theperformanceleader.com does not recommend and does not endorse the content on any third-party websites. Theperformanceleader.com is not responsible for the content of linked third-party sites, sites framed within the Theperformanceleader.com Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Theperformanceleader.com does not endorse any product advertised on the Theperformanceleader.com Site.

Indemnity

You agree to defend, indemnify, and hold Theperformanceleader.com, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General

Theperformanceleader.com makes no claims that Theperformanceleader.com content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Theperformanceleader.com Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Theperformanceleader.com, or in any way relating to your use of the Theperformanceleader.com Site, resides in the courts of the State of British Virgin Islands and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of British Virgin Islands in connection with any such dispute including any claim involving Theperformanceleader or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of British Virgin Islands, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and take down procedures; and copyright agents

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Theperformanceleader’s copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3. Your name, address, telephone number and (if available) e-mail address.

4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Theperformanceleader’s agent for copyright issues relating to this web site is as follows:

Attn. Theperformanceleader.com, Inc. Managment Team

support@Theperformanceleader.com

Please provide relevant references or sources for any health/medical information which is not personal experience (what we mean by personal experience is any information about symptoms tests etc which you haveundergone or experienced)

Please provide relevant references or sources for any health/medical information about treatment or any claims which is not personal experience (what we mean by personal experience is any information about various treatments etc which you have undergone or experienced)

Theperformanceleader info

In an effort to protect the rights of copyright owners, Theperformanceleader.com maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Except as expressly provided in a particular “legal notice” on the Theperformanceleader.com Site, these Terms and Conditions and the Theperformanceleader Privacy Policy and Agreement constitute the entire agreement between you and Theperformanceleader.com with respect to the use of the Theperformanceleader.com Site, and Content.

Thank you for your cooperation. We hope you find the Theperformanceleader.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted to Theperformanceleader info

We try to answer every email in a timely manner but are not always able to do so.

Additional Blogs Terms of Use

Please provide relevant references or sources for any health/medical information which is not personal experience (what we mean by personal experience is any information about symptoms tests etc which you have undergone or experienced).

Justifiability

Please provide relevant references or sources for any health/medical information about treatment which is not personal experience (what we mean by personal experience is any information about various treatments etc which you have undergone or experienced).

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