Terms of Use

This website at www.custgroup.com is a copyrighted work belonging to Customized Performance (“The Company”). Users are granted the right to use this website subject to the terms and conditions described below. By accessing this website, you agree to be bound by these Terms of Use.

  1. BINDING EFFECT.. This is a binding agreement. By using the Internet site located at www.custgroup.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Customized Performance, Inc.(the “Company”) from time to time in its sole discretion. It is your responsibility to review these Terms of Use before using the Site or Service as the Company will not post a notice on the Site any time these Terms of Use have been changed or otherwise updated. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.
  2. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding trademarks, copyright ownership and use of intellectual property. All logos, trademarks, service marks and trade names that appear on the Site are the property of their respective owners. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding trademarks, copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
  3. AFFILIATED SITES. The Company has no control over, and no liability for any third party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
  4. PROHIBITED USES. The Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
  5. PRIVACY. When you use the Site or any Service provided in connection with the Site, the following information (“Personal Information”), may be tracked or collected from you: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; (4) types of web browsers used to access the Site; and (5) contact data (such as your name, mailing address, e-mail address, usernames, and passwords). If you communicate with us by e-mail or submit or post any information on the Site, such information may be collected as Personal Information. The Site may also use “cookies” to customize content specific to your interests and/or to store any Personal Information. The Company may share Personal Information with business partners that assist us by performing core services (such as web hosting, billing, fulfillment, or data storage and security) related to the operation of the Site or Service. You agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or Service. Except as set forth above, Personal Information will not be intentionally shared with third parties, unless such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property; or (c) enforce our Terms of Service.
  6. NO WARRANTIES. The Company hereby disclaims all warranties. The Company is making the Site available “As-Is” without warranty of any kind. You assume the risk of any and all damage or loss from the use, or inability to use, the Site or Service. To the maximum extent permitted by law, the Company expressly disclaims any and all warranties, express or implied, regarding the Site, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The Company does not warrant that the Site or Service will me your requirements or that the operation of the Site or Service will be uninterrupted or error-free.
  7. LIMITED LIABILITY. The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company be liable for damages of any kind (including but not limited to special, incidental, or consequential damages, lost profits, or lost or misappropriated data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the Site or Service. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
  8. INDEMNITY. You agree to indemnify the Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
  9. APPLICABILITY OF CALIFORNIA LAW. The Site is controlled and operated by the Company from its offices in the State of California. The Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as the Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Santa Clara County, California in all disputes arising out of or related to the use of the Site or Service.
  10. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver by the Company shall be effective unless made in writing and signed by an authorized representative of the Company.
  11. MODIFICATIONS. The Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. The Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
  12. TERMINATION. The Company may unilaterally terminate your use of the Site or Service at any time in its sole discretion, without any liability to you, without notice, and with or without cause.
  13. ACKNOWLEDGEMENT. By accessing the Site or using the Service, you acknowledge that you have legal capacity to enter into this Agreement, and that you have read these Terms of Use and agree to be bound by them.
  14. COPYRIGHT. All contents of Site or Service are: Copyright © 2009-2014, Customized Performance, Inc., 1334 Ridder Park Drive, San Jose, CA 95131. All rights reserved.
  15. CONTACT. If you have any questions about these Terms of Use or policies, please contact the Company at info@custgroup.com or 408.437.1720.