By accessing the Site or Platform, you confirm that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are using the Site or Platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
You may use the Site for lawful purposes only. You agree not to:
All content on the Site and Platform — including text, graphics, logos, images, software, design elements, the "PerfOps Diagnostic™" name and mark, methodologies, frameworks, panel structures, and diagnostic outputs — is the property of PerfOps Diagnostic or its licensors, and is protected by copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for personal or internal business purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any content from the Site or Platform without our prior written consent.
The PerfOps Diagnostic Platform is restricted to authorized users. Access requires authentication. You are responsible for maintaining the confidentiality of your access credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your credentials.
We reserve the right to suspend or terminate access to the Platform at our discretion, including for violation of these Terms.
When you submit information through our contact forms, subscribe to our newsletter, or share information through the Platform, you grant PerfOps Diagnostic a non-exclusive, royalty-free, worldwide license to use that information for the purposes of:
You represent that any information you submit is accurate and that you have the right to share it.
Information you share with us through engagement-related communications or the Platform may include confidential business information. We treat such information as confidential and use reasonable measures to protect it. Specific confidentiality terms are addressed in any engagement agreement between us.
THE SITE AND PLATFORM 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 ACCURACY.
While we make reasonable efforts to ensure the accuracy and reliability of content, we do not warrant that the Site or Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Diagnostic outputs and recommendations are professional opinions based on the information available to us at the time and do not constitute guarantees of any specific outcome.
TO THE FULLEST EXTENT PERMITTED BY LAW, PERFOPS DIAGNOSTIC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PLATFORM.
Our total liability arising from or related to the Site or Platform, regardless of the cause of action, will not exceed the greater of (a) the amount you have paid us in the twelve months preceding the claim, or (b) one hundred United States dollars (US$100).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability will be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless PerfOps Diagnostic and its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms or your misuse of the Site or Platform.
The Site may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of third-party sites. Linking does not constitute endorsement.
We may revise these Terms from time to time. Changes will be posted on this page with an updated Effective Date. Continued use of the Site or Platform after changes are posted constitutes your acceptance of the revised Terms. If changes are material, we will use reasonable efforts to notify you directly.
We may suspend or terminate your access to the Site or Platform at any time, for any reason, without notice. Upon termination, the provisions of these Terms that by their nature should survive (including Sections 3, 5, 6, 7, 8, 9, and 13) will continue in effect.
These Terms are governed by the laws of the State of Delaware, United States of America, without regard to its conflict-of-law principles.
Any dispute arising out of or related to these Terms or your use of the Site or Platform will be resolved exclusively in the state or federal courts located in Delaware, and you consent to the jurisdiction of those courts.
If you are a resident of a jurisdiction whose laws grant you mandatory consumer rights that cannot be waived, the foregoing does not limit those rights.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and PerfOps Diagnostic regarding your use of the Site and Platform, and supersede any prior agreements or understandings between us. If you enter into a separate engagement agreement with us, that agreement governs the specific services we provide and supplements these Terms.
For questions about these Terms:
PerfOps Diagnostic
Email: legal@perfopsdiagnostic.com
Web: perfopsdiagnostic.com