Privacy Policy Statement and Terms of Use

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Your Consent.
Welcome to the performanceINSIDER.com website (this “Website”), which is owned and operated by performanceINSIDER, LLC (“performanceINSIDER” or “we” or “us”).  Please carefully review this Privacy Policy Statement and Terms of Use (this “Policy”).  By using this Website, you are consenting to the collection, use and disclosure of certain personal information, such as name, address, telephone number or e-mail address, and agree to be bound by all disclaimers and terms and conditions, without modification, that are contained in this Policy or that appear elsewhere on this Website.  If you do not consent to the terms of this Policy, do not use this Website.  If you are dissatisfied with this Policy or this Website, you agree that your sole and exclusive remedy is to discontinue using this Website.

What Information Is Collected Through This Site and How is it Used.
For each visitor to our Website, our web server automatically recognizes the visitor's domain name and e-mail address.  There are many features on this Website for which no registration is required.  When you access and use this Website, however, there are generally three ways we may collect information about you:

Information you Knowingly and Voluntarily Provide.  performanceINSIDER collects and uses the information you knowingly and voluntarily provide when you use this Website; for example, the information you provide when participating in certain activities on this Website such as an interactive on-line training course, setting up or maintaining an account, subscribing to one of our newsletters, participating in one of our surveys or incentives, or when you ask us a question or send us feedback.  In many cases, this information will include your e-mail address and other personally identifiable information (“Personal Information”).  Occasionally, we may also request demographic information such as age, gender or type of car you drive.  Often this information is optional or requested anonymously in connection with a survey.  performanceINSIDER only uses your Personal Information for the purposes for which you provide it, or as described in this Policy.  As permitted under applicable law, we may use the information we collect through this Website for various other business purposes such as customizing content, customer service, market research, improving our products and services, and to contact you with information and offers we believe may be of interest to you, and we may combine your Personal Information with other information that is publicly available or that we receive from other reputable sources.  We may also disclose Personal Information to companies whose practices are not covered by this Policy (e.g., other marketers, retailers, participatory databases, etc.) that want to market products or services to you, subject to your right to opt-out from such disclosures.  In addition, we may remove all the personally identifiable information and combine such data with other aggregated data compiled by performanceINSIDER for historical, research or statistical purposes.  Since such anonymous aggregated data does not include Personal Information from which the identity of an individual can be determined, performanceINSIDER reserves the right to use aggregated data in any way it considers appropriate.
Information Provided to performanceINSIDER via Your Web Browser.  As is true of most websites, in addition to information you choose to provide to performanceINSIDER, we also gather certain non-personally identifiable information automatically through technology to make our Website more interesting and useful to you.  For instance, when you come to our Website, we collect the Internet Protocol (IP) address of your Internet service provider (ISP); the name of your operating system; the name and version of your browser; and the Internet address of the website from which you linked directly to our Website.  The information we receive depends on the settings on your web browser.  Please check your browser if you want to learn what information your browser sends or how to change your settings.  This type of information does not identify you personally.  We use this information to create statistics that help us improve our Website and make it more compatible with the technology used by our Internet visitors.  If you access this Website through an e-mail we have sent you or have created a “user identity” by logging on during one of your visits, this information will not be linked to information that identifies you personally without your approval.  With your approval, we will combine Website-visitation data with the Personal Information that you have provided to us and/or with other information that is publicly available or that we receive from other reputable sources in order to make our Website and communications more targeted to your interests.
Information Collected by Placing “Cookies” On Your Computer.   Our Website utilizes cookies.  performanceINSIDER may obtain information about you and your visit to this Website by installing “tags” or small text files on your computer’s hard drive via a Web page server.  These commonly used tags are known as “cookies,” and allow websites to remember information about visitors.  We use cookies, and other available technologies, for a variety of purposes, including to provide you continuity from page to page, to recognize your browser when you return after your first visit, to personalize your return visit and to save you time during certain activities (e.g., returning to a training course on progress), to avoid repeatedly sending the same banner ads, and to enhance overall the quality of our Website.  Cookies cannot be used to run programs or deliver viruses to your computer, and are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you.  You have the ability to accept or decline cookies.  Most cookies do not expire when you close your browser and they stay on your computer until you delete them.  If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer.  Although you are not required to accept cookies when you visit this Website, you may be unable to use all of the functionality of this Website if your browser rejects our cookies.
E-Mail COMMUNICATIONS AND OPTING OUT. 
performanceINSIDER collects e-mail address information from you when you enter your e-mail address on this Website to subscribe to one of our newsletters, set up or maintain an account or participate in one of our on-line activities (training courses, surveys, contests, etc.).  If you send us an e-mail message, we may retain that message and your e-mail address, as well as any response we send to you.  You may receive promotional e-mails from performanceINSIDER, and receiving promotional communications from performanceINSIDER is optional.    You will be given the opportunity to “opt out” or stop receiving such e-mails at any time.  If you do not want to receive such communications, to opt out simply send an e-mail to the e-mail address below and include “Remove” in the reply or subject line, or write to us at the address provided below.  Please include your name and e-mail address so that we can accurately identify your e-mail address in our database and process your request.  Because we plan our communications in advance, it may take several weeks for your request to become effective.  If you continue to receive our communications, please contact us again, and we will make every effort to correct the situation, and we appreciate your patience in giving us time to carry out your request.  From time to time, we may use visitor information for new, unanticipated uses not previously disclosed in our privacy notice.  If our information practices change at some time in the future, we will use for these new purposes only data collected from the time of the policy change forward.

INFORMATION SHARED WITH OTHERS.
From time to time, we may make the e-mail addresses of those who access our Website available to other reputable organizations whose products or services we think you might find interesting.  If you do not want us to share your e-mail address with other companies or organizations, please let us know by sending us an e-mail at the below address.  Please be sure to provide us with your exact name and address in order to assist us in removing such information from the list we share with other companies or organizations.  performanceINSIDER may share your Personal Information with its affiliates and companies we hire to perform support services for us, such as web hosting, credit card processing and order fulfillment.  In addition, there may be some other, limited circumstances in which we may share or transfer Personal Information to third parties.  For example, we may provide Personal Information to a third party: (i) to comply with a legal requirement or court order; (ii) to investigate a possible crime, such as identity theft; (iii) to protect the security of our Website and the integrity of our databases; or (iv) in connection with a corporate transaction, such as a divestiture, merger, consolidation, asset sale or similar event.  Where appropriate, before disclosing Personal Information to a third party, performanceINSIDER will contractually require the third party to take reasonable precautions to protect such information against unauthorized use or disclosure.

HOW CAN YOU CONTROL YOUR PERSONAL INFORMATION.
performanceINSIDER believes that choice in how and when you are contacted is key to customer satisfaction, so we offer several ways for you to update your contact information or change your preferences:

If you have an on-line account at our Website, you may be able to log on and update or change your contact information.
You can unsubscribe to any of our e-mail communications by following the “OPT OUT” instructions contained in this Policy.
You may write us and update your contact information or ask that we not share your Personal Information with third parties at the address provided below.  In those instances, we will retain your information in a “DO NOT PROMOTE” file in our databases.
THIRD PARTY ADVERTISING AND LINKS TO OTHER WEBSITES.
We may provide links on our Website to other websites we think you will enjoy or find useful.  This Policy applies only to this Website, and links to other third party websites operate independently of performanceINSIDER.  These links are provided as a service and a convenience to you and do not imply any endorsement of the activities of these third party websites, or any association with their operators.  performanceINSIDER does not control these websites and is not responsible for their data practices or the content of such websites.  We encourage you to carefully review the privacy policy posted on any website you visit before using the website or providing any personally identifiable information about yourself.

SECURITY.
performanceINSIDER uses a variety of security measures to help protect against the loss, misuse or alteration of information that we have collected from our Website.  Although we make every reasonable effort to protect such information, no method of transmitting or storing electronic data is ever completely secure, and we therefore cannot guarantee that such information will never be accessed, used or released in a manner inconsistent with this Policy.  We also cannot guarantee the security of systems that are connected to the Internet or the security of information transmitted over the Internet.   If you feel that this Website is not following its stated information Policy, you may contact us at the below addresses or telephone number.

Children’s Privacy.
The Children’s Online Privacy Act imposes certain restrictions on websites directed toward children under the age of 13 and that knowingly collect information on children under 13.  We do NOT knowingly collect any Personal Information from children under 13.  No one under the age of 18 should submit any Personal Information to this Website or any other website without the consent of a parent or guardian.

Warranty Disclaimer.
PERFORMANCEINSIDER AND ITS directors, officers, Affiliates, employees, agents, representatives, suppliers, and contractors (all of the foregoing, collectively, the "Representatives") MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE, ITS CONTENT or about THE SUITABILITY OF THE INFORMATION, PRODUCTS AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE.  ALL such MATERIALS ARE PROVIDED "AS IS," without warranty of any kind.  PERFORMANCEINSIDER and its representatives hereby DISCLAIM ALL WARRANTIES and conditions, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES and conditions OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE and NON-INFRINGEMENT WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED.  PERFORMANCEINSIDER ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE OR CURRENT.  It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material on this Site or any website with which it is linked.

LIMITATION OF LIABILITY.
To the fullest extent permitted by applicable law, IN NO EVENT SHALL PERFORMANCEINSIDER AND/OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITEor any website with which it is linked, OR FOR ANY INFORMATION, SOFTWARE, PRODUCT OR SERVICE OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PERFORMANCEINSIDER OR ANY OF ITS Representatives HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  You assume total responsibility for establishing such procedures for data back-up and virus checking as you consider necessary.

NO UNLAWFUL OR PROHIBITED USE.
You may view, download and print material from this Website for your own use only, provided that you do not remove any trademark, copyright, or other notice contained in such materials.  You agree not to otherwise copy, modify, distribute, reuse, resell, license, create derivative works from, or otherwise transfer materials from this Website, without the express written permission of performanceINSIDER. 

All links to this Website must appear as hypertext, without use of performanceINSIDER’s logos or trademarks.  Do not use a hyperlink to present materials on this Website as your own.  Deep-linking is strictly prohibited unless approved by performanceINSIDER in writing (a deep-link is a hyperlink that bypasses a website’s home page and brings a visitor directly to an interior page).  Do not frame this Website or any content provided by performanceINSIDER (framing is an alternative form of linking that allows viewing of a linked web page within a “frame” of the original website).  Do not use performanceINSIDER’s URL’s, trademarks, meta tags, or other materials in the meta or alt tags of any other website (such tags provide information about a website which search engines use to prioritize results), or to effect any “matchmaking” advertising by third parties.

You agree that you will not use this Website for any purpose that is unlawful, or prohibited by the terms and conditions of this Policy.  You may not use the materials contained on this Website in a manner which suggests any association with or endorsement of any product or service, or which violates any property, privacy or other rights.

USE OF BULLETIN BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS.
INFORMATION POSTED TO FORUMS (DEFINED BELOW) IS AVAILABLE TO THE GENERAL PUBLIC – PLEASE USE CAUTION WHEN POSTING ANY SUCH INFORMATION.  performanceINSIDER is not responsible for messages, images, text or other materials submitted to it (collectively “Content”), including without limitation, Content posted on bulletin boards, chat rooms or other communication facilities (collectively, “Forums”).  You agree to use any such Forums only to send and receive Content that is proper and related to the particular Forum.  You agree that when using a Forum, you shall not: (i) use language to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (e.g., privacy and publicity) of others; (ii) publish, post, distribute or disseminate any defamatory, abusive, harmful, discourteous, infringing, obscene, pornographic, profane, indecent, malicious, threatening or other unlawful material or information; (iii) upload Content that infringes on any copyright, trademark, patent, or other proprietary rights of others; (iv) upload files that contain viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or program that may damage, disable, overburden or impair the operation of another’s website, computer or network; (v) falsify the origin or source of Content; (vi) advertise or offer to sell any goods and services, or conduct or forward surveys, contests or other promotions without the express written consent of performanceINSIDER.  You grant performanceINSIDER and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all Content provided to performanceINSIDER, in any form, media, software or technology of any kind now or existing or developed in the future.  Without limiting the generality of the foregoing, you authorize performanceINSIDER to include the Content you provide in a searchable format that may be accessed by visitors of performanceINSIDER’s websites and other websites and search engines.  You further grant performanceINSIDER and its affiliates permission to use any information, suggestions, ideas, drawings or concepts communicated for any purpose, commercial, public or otherwise, without the need for additional compensation of any sort to you.  performanceINSIDER reserves the right to: (a) review at any time and to delete any submitted Content, in whole or in part, that may be deemed inappropriate or appear to be in violation of this Policy; and (b) to block an individual entirely if such individual’s use of this Website is deemed inappropriate, as may be determined by performanceINSIDER in its sole discretion.  

INDEMNIFICATION.
You hereby agree to indemnify and hold harmless performanceINSIDER and its Representatives from and against any and all claims, charges, demands, damages, liabilities, losses and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim, and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by performanceINSIDER and its Representatives, directly or indirectly, by reason of any act or omission which you commit in breach of these terms and conditions or other terms and conditions or policies set forth elsewhere on this Website.

Changes to This Policy and Applicable Law.
This Policy describes performanceINSIDER’s current policies and practices with regard to the information we collect through this Website.  These terms and conditions, together with any other terms and conditions or policies set forth elsewhere on this Website, set forth the entire understanding between you and performanceINSIDER regarding this Website.  We reserve the right to modify this Policy, and to any other terms and conditions or policies set forth elsewhere on this Website at any time, without prior notice, by posting the revised version on this Website.  Please VISIT AND REVIEW this SITE periodically for any changes.  If we modify our Policy, the modifications will apply only to the Personal Information we collect after we have posted the revised Policy on this Website.  By using this Website after our Policy has been modified, you are agreeing to be bound to the modifications.  This Website is created and controlled by performanceINSIDER in the State of Minnesota, and laws of the State of Minnesota will govern these terms and conditions, excluding any applicable conflict of laws provisions.  The exclusive jurisdiction and venue concerning all disputes arising out of or relating to this Policy or use of the Website shall be Hennepin County, Minnesota.

Legal Notice and Acceptance of Terms of USE.
Unless otherwise expressly indicated, this WEBSite and its contents are the property of PERFORMANCEINSIDER and/or its affiliates, licensors or assigns, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.  PERFORMANCEINSIDER is a trademark of PERFORMANCEINSIDER, LLC.  Other titles, logos, designs, products, services and company names may be trademarks and/or service marks of their respective owners.  BY ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS POLICY AND AGREE TO ALL ITS TERMS AND CONDITIONS.  IF YOU DO NOT AGREE, PLEASE DO NOT USE THIS WEBSITE.

CONTACT performanceINSIDER.
Our postal address is performanceINSIDER, LLC, 15815 49th Avenue, Plymouth, MN 55446.  We can be reached via e-mail at info@performanceinsider.com, or you can reach us by telephone at (763) 577-5995.

Last Updated April 1, 2006

performanceINSIDERTM is among trademarks or registered trademarks owned by performanceINSIDER, LLC.  All other brand and product names are or may be trademarks of, and are used to identify products and services of, their respective owners.

© 2006 performanceINSIDER, LLC.  All Rights Reserved.

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