Terms of Use

Terms of Use PerformanceCarHQ.com Terms and Conditions of Use

Please read these Terms and Conditions of Use (“TCOU”) carefully before using this website. These TCOU govern your use of this website and affect your legal rights and obligations. If you do not agree with any of these TCOU, please exit this website. KGG Partners, Inc. reserves the right to cancel website use for anyone who violates these TCOU.

ACCEPTANCE OF TERMS AND CONDITIONS

The services KGG Partners, Inc., owner of PerformanceCarHQ.com (“PCHQ”), provides you, may include, but are not limited to the following: on-line shopping, scheduling, chat areas, news groups, e-mail services, bulletin board services, forums, communities, personal web pages, advertising profile pages, file cabinets, and/or other message or communication facilities (“Services”). These Services are subject to the following TCOU. The parties to this Agreement (“Agreement”) are You (“User”), and KGG Partners, Inc. (“Company”). In this Agreement, the terms “we”, “us” and “ours” are used interchangeably to refer to the Company and Company’s affiliated websites; the term “You” and “Your” is used to refer to You, the User. Company reserves the right to update the TCOU at any time without notice to you. The most recent version of the TCOU can be accessed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages. Your continued use of this website after posting any changes to the TCOU shall constitute your renewed agreement to be bound by any such changes. You may not alter, delete, add, change or edit any of these terms and conditions, and any such attempted alteration shall be void and will be of no effect. By accessing this website and/or any of Company’s owned, operated, licensed, or controlled websites (collectively “PCHQ Websites”) you are agreeing to these TCOU as stated in this document.

You agree that any action on Your part to Bookmark to a page on this Website whereby the Warning Page and Age Verification Page and/or the TCOU Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein.

PRIVACY OF PERSONAL INFORMATION

You have read and agree to the Privacy Policy disclosures relating to the collection and use of personal information.

HYPERLINKS TO THIRD PARTY SITES

PCHQ Websites may contain hyperlinks to other outside sites. Company is not responsible for privacy practices or the content of outside websites as these linked outside sites are not under the control of Company. Company is also not responsible for any form of transmission received from any linked outside site. These links are provided to you solely as a convenience and we disclaim any risks, losses, or claims arising from your navigation of those sites using the hyperlinks.

DESCRIPTION OF SERVICES

The information and features included in PCHQ Websites have been compiled from a variety of sources, are for informational and entertainment purposes only, and are subject to change at any time without notice. PCHQ Websites and all information it contains are provided “AS IS.” By accessing or linking to any PCHQ Websites, you assume the risk that the information on PCHQ Websites may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. Company may add, change, discontinue, remove or suspend any of information and features at any time, without notice and without liability.

The Services, including any updates, enhancements, new features, and/or the addition of any

new Web properties, are subject to these TCOU. PCHQ Websites are not referral sources. Company does not warrant, guarantee or specifically endorse any of the service providers listed on this site. Advertisers pay a fee to advertise on PCHQ Websites. Paid advertisements are the sole responsibility of the individual advertisers. Company assumes no responsibility and cannot be held responsible for any risks, losses, or claims arising from advertising.

PROPRIETARY RIGHTS TO CONTENT AND GRANT OF RESTRICTED USE

This Website and all of the information it contains, or may in the future contain, such as news articles, reviews, opinions, directories, guides, other text, photographs, digital still images, illustrations, digital video and audio clips, html, source and object code, trademarks, logos, domain names, trade names, service marks and any and all copyrightable material, and/or any other form of intellectual property (collectively, the “Content”) are owned by Company. You acknowledge and agree that all materials contained at PCHQ Websites are proprietary and contain valuable intellectual property, copyright, trademark and other proprietary information owned by Company or other entities that have authorized or licensed use of such materials to Company. These intellectual properties are protected by the copyright laws of the United States, international copyright treaties and other laws and regulations. All rights are reserved. You are prohibited from modifying, transmitting, displaying, reproducing, publishing, copying, distributing, licensing, creating any derivative works from, transferring, modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction), or reselling any information, software, products or services obtained from the Services in whole or in part. You consent to only access, view, download, receive and otherwise use the materials available at PCHQ Websites only as permitted by Company. Elements of PCHQ Websites are protected by trade dress, unfair competition, and other laws and cannot be copied or imitated in whole or in part. No logo, graphic, sound or image from PCHQ Websites may be copied or retransmitted unless expressly permitted by the Company.

We do not authorize access to any part of PCHQ Websites in any manner contrary to the terms of this Agreement or in any manner, which bypasses this Agreement.

You may use the Content and Services online only, and solely for your personal, non-commercial use. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a Website and wish to link to PCHQ Websites, you may do so provided you agree to cease such link upon request from Company. No other use is permitted without prior written permission of Company. The permitted use described in this Paragraph is contingent on your compliance at all times with these TCOU.

INTERACTIVE USAGE GUIDELINES

For any interactive areas (“IA”) including but not limited to advertising profile pages, bulletin boards, automated postings, advertisement areas, or chat rooms, You acknowledge that PCHQ Websites cannot and does not monitor all of the material posted or transmitted by Users or third parties. We recommend using your best judgment when using these areas.

These IA are for everyone’s usage and as such we reserve the right to remove any content posted on PCHQ Websites at any time and for any reason. PCHQ Websites is the sole determining authority on whether content violates TCOU. As part of this TCOU you agree not to upload, post, email, or transmit (collectively “post”) any Content that

Contains content that is vulgar, defamatory, offensive, racist, abusive, threatening, inaccurate, slanderous, fraudulent, unfair, violates or encourages the violation of any local, state, federal, or international law, inflammatory or discriminatory to any group on any basis.
Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any

party without prior written consent of owner of such proprietary right. You further agree not to post any unsolicited or unauthorized advertising or promotional materials or any material that contains viruses, or any other computer code that is designed to interrupt, destroy, or interrupt any computer hardware, software, or telecommunications equipment.
Causes damage to PCHQ Websites or contains any harmful or destructive files to PCHQ Websites or any User’s computer
You understand that Service may contain security components (such as watermarks or download management software) to protect Content. All material must be used according to the usage rules established for Content. Any attempt to override or circumvent security components or publicly display Content is strictly prohibited.

Copyright Infringement

If any posted content posted infringes on copyright or any other proprietary rights, you may submit a written notification to our Copyright Agent the following information

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
a description of the copyrighted work that you claim is infringed
a description of where the copyrighted work you claim is infringing is located on the website
your address, telephone number, and email address
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, it’s agent, or the law
a written statement by you made under the penalty of perjury that the above information in your notice accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Company’s Copyright Agent for notice and legal claims can be reached as follows:

KGG Partners, Inc

3550 N. Lake Shore Dr.

Suite 918

Chicago, IL 60657

Email: kggpartners@gmail.com

WEBSITE CONTENT

Use of PCHQ Websites is at your own risk. You agree that all content is provided “AS IS” and “AS Available”. Company and its subsidiaries, divisions, affiliates, directors, officers, partners, agents, employees, content providers, licensors, and assigns (collectively ‘PCHQ Affiliates’) make no representation or warranty of any kind regarding the completeness, accuracy, timeliness, facts, views, opinions, statements, or recommendationAs, content, any advertising material information, products, or services available on or through PCHQ Websites.

COMPANY AND PCHQ WEBSITES DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED. THESE WARRANTIES INCLUDE BUT ARE NOT LIMITED TO THE MERCHANABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION WE DO NOT WARRANTY NON-INFRINGEMENT WITH REGARD TO PCHQ WEBSITES, THE CONTENT, AND ANY OTHER MATERIALS CONTAINED THEREON. COMPANY HAS NO RESPONSIBILITY FOR ACTIONS OF THIRD PARTIES OR FOR THE CONTENT PROVIDED OR POSTED BY OTHERS.

INDEMNIFICATION

In cases of any and all damages directly, indirectly and/or consequentially resulting from Your unauthorized attempted or actual use of PCHQ Websites or violation of any TCOU or due to or arising out any Content you publish, post, transmit, or make available, You agree to be personally liable and fully indemnify Company and PCHQ Affiliates for loss of property, fines, attorney’s fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

CONSENT TO RECEIVE EMAIL MESSAGES FROM US

You consent to allow us, from time to time, at our discretion to send You informational or commercial emails at Your email address. You acknowledge that your use of Websites is interpreted as Your permission to us to send You such emails.

UNSOLICITED IDEA SUBMISSION POLICY

We do not accept unsolicited ideas such as but not limited to promotions, advertising campaigns, new products or product names. Please do not send any of your proprietary works. If you still send us any such materials, we do not guarantee or make assurances that such materials will be treated as confidential or proprietary. Any unsolicited ideas and materials you sent us are done so without additional consideration provided to you. You agree to waive any claims against Company, PCHQ Affiliates and PCHQ Websites for any use of said ideas and materials even if usage is similar to ideas and materials you sent.

SECURITY OF ACCOUNTS, USERNAMES AND PASSWORDS

For many Services on PCHQ Websites, you may be required to complete a registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. Such information may include a username and a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. We are dedicated to protecting the security of your personal information. No data transmission over the Internet, however, is 100% secure. While we make a sincere effort to protect your personal information, we cannot guarantee the security of any information you transmit to us and you do so at your own risk. You should take extra precautions when accessing your account from a public or shared computer so that others are not able to view or record your account name or password. You should also completely log out after any session to ensure no one else can access your account without your permission or knowledge.

We cannot ensure nor do we make any representations or warranties regarding the security or privacy of information that You voluntarily provide through the Internet and Your email messages, and that You release us from any and all liability in connection with the use or misuse of such information by other parties. Upon receiving your transmission, we make commercially reasonable efforts to ensure its security on our systems. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer servers with limited access that is located in controlled facilities. Additionally, when we transmit sensitive personal information (such as a credit card number) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. However, you are ultimately responsible for maintaining the secrecy of your username, passwords and/or any account information. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

LIMITATIONS ON COMPANY’S LIABILITY

While Company uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content.

As stated, no data transmission over the Internet is 100% secure. And as such you should consider this before emailing any information to Company or PCHQ Websites. Breaches of security may occur over the Internet. Company and PCHQ Websites are not responsible for any resulting damage whatsoever to any user’s computer from any such security breach. In addition Company and PCHQ Websites is not responsible for any damage that occurs from any virus, Trojan horse, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. Further, Company and PCHQ Websites may be temporarily unavailable due periodic maintenance or malfunction of equipment. We make no representation or warranty whatsoever regarding the functionality, suitability, usability, availability, or operation of PCHQ Websites.

Company and PCHQ Websites do not endorse or recommend any advertiser, product, process, publication, domain name, trademark, service mark, logo, manufacturer that is listed, linked, or referenced on PCHQ Websites. You acknowledge that you understand that Company does not screen, monitor, or endorse any Users or advertisers, and as such cannot make any representations or warranties of any such Users or advertisers. PCHQ Websites does not initiate, encourage, arrange, or have any knowledge of any communications or meetings between any Users and/or advertisers of PCHQ Websites and/or other persons. Company cannot be held liable or responsible for any meeting or communication outcome. Users and advertiser are advised to use their own judgment and take proper measures to ensure privacy and personal safety before purchasing any goods or responding to any communication on PCHQ Websites.

PCHQ Websites contains advertisements and also may contain facts, views, opinions, statements and recommendations of third party individuals and organizations. Company does endorse or represent the accuracy, correctness or reliability of any advertisement, advice, opinion, statement, or other information displayed, uploaded, or distributed through PCHQ Website. You agree reliance of any such opinions, advice, statement or information is at your sole risk.

You acknowledge and agree that neither Company nor PCHQ Affiliates shall be liable for any risk or losses resulting from the use of Scheduler provided on PCHQ You agree that the Scheduler is provided to You by Company on an ‘AS IS’ basis, without warranties, direct or implied, of any kind. Under no circumstances will Company or PCHQ Affiliates be held liable for any losses resulting from direct or indirect use of the Scheduler including but not limited to missed appointments, Scheduler malfunction or misunderstandings due to time-zones. Use of Scheduler is optional and you do so at your own risk.

You agree that Company and PCHQ Affiliates are not responsible or liable to you for any damages of any kind whether based on contract, strict liability, tort, or otherwise. Company and PCHQ Affiliates will not be liable in whatsoever including without limitation for any indirect, direct, consequential, special, incidental or punitive damages resulting from unauthorized access to or alteration of your transmissions or data, errors or omissions in its content or in its technical operation. Company disclaims all liability even if advised of the possibility of such damages whether caused in whole or part by negligence, acts of God, technical failures, or security breach. Notwithstanding any other provision of these terms, in no event will and under no circumstances will Company and PCHQ Affiliates be liable to you for any reason or any cause of action whatsoever in an amount greater than ten dollars ($10).

You agree to indemnify, defend, and hold harmless Company and PCHQ Affiliates from any and all claims, damages, and expenses (including reasonable attorney’s fees) that arise from (1) your usage PCHQ Websites, (2) Company’s usage of any information or content you provide as long as such use is consistent with this Agreement (3) Information posted or transmitted through your membership account even if not posted by you (4) Any violation of this Agreement by You.

Entire Agreement

This Agreement contains the entire agreement between the User and Company regarding User’s use of the PCHQ Websites, and all Content directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings.

Jurisdiction and Venue

This site is operated and controlled by Company and its representatives from their offices registered in New York. These TCOU shall be construed and enforced in accordance to the Laws of the State of Illinois, without its conflict of law principles.

You acknowledge and agree that any disputes arising under this Agreement shall be resolved by arbitration according to the rules of the American Arbitration Association in Chicago, IL, including any questions about which types of disputes are subject to arbitration or any issues of scope of this arbitration agreement or TCOU, they will be decided by the arbitrators. Any cause of action with respect to these TCOU within sixty (60) days after the occurrence of facts giving rise to the cause of action, otherwise the cause shall be forever barred.

The decision of the arbitrators is final. The parties shall keep all proceedings and decisions strictly confidential. No claim may be brought as a class action, combined or consolidated with any other proceeding, not may any proceeding be pursued in a representative capacity or on behalf of a class.

Assignment

This Agreement is assignable to buyer upon sale of Company or PerformanceCarHQ.com.

Modification of Service

Company reserves the right at any time to modify or discontinue temporarily or permanently, the Service (or any part thereof) without notice to you. You agree that Company will not be liable to you or any third party for any modification, suspension, or discontinuance of Service.

Additional Terms

If any provision of these TCOU is found invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these TCOU, which remain in full force and effect.

TradeMarks
PerformanceCarHQ is a trademark of KGG Partners, Inc.

Copyright © 2015 KGG Partners, Inc. All rights reserved.

CONTACTING KGG PARTNERS

If you would like to contact KGG Partners regarding our policies you may email us at KGG Partners@gmail.com

Advertiser Agreement

PCHQ Websites provides an area to advertise and promote personal services and Advertiser’s website by creating an online personal profile and posting Content to that profile (an “Advertisement”). An “Advertiser” is defined as an individual or agency that places an Advertisement on PCHQ Websites.

By creating an Account, you acknowledge that you wish to place an advertisement on PCHQ Websites and become an Advertiser. Agreement is made by and between Company and Advertiser on date Account was created. As an Advertiser, you further agree to the additional terms and the Billing policy described below.

Certification

Advertiser certifies that the person depicted in any images is at least 18 years of age (or the age of majority in localities where the age of majority is not 18). If Advertiser is an agency, Advertiser certifies that consent to place content on models’ behalf has been granted.

Advertiser further certifies that the content, depictions, and images are a true and accurate description of Advertiser and that no stock or fictitious photos are used. Advertiser further agrees that Content will only constitute engaging in legal activity and nothing in Content will be an offer to engage in unlawful conduct.

If an Agency represents multiple Advertisers, an Agency Designation From that lists all Advertisers must be submitted. Advertiser agrees that the Agency Designation Form will allow Agency to create and modify Advertisements on Advertiser’s behalf. Advertiser remains responsible for the actions of Agency and is in no way released from the terms of this Agreement.

Content Posting

You are solely responsible for the content that you publish or display (“post”) in your advertisement. You will not post any Content that infringes on the rights of others, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, copyright, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company. If information provided to Company subsequently becomes inaccurate, misleading, or false, you will promptly notify Company of such change. Company, in its sole judgment, reserves the right to remove any advertisements or portions of content (such as images) in each case in whole or part that violate this Agreement and any TCOU.

Licensing

You agree that by posting Content to Advertisement, that you automatically grant, and you warrant that you have the right to grant to Company, PCHQ Websites, and PCHQ Affiliates a non-exclusive, irrevocable, world-wide, and royalty free license to use, display, modify, develop derivative works, reproduce, and distribute said Content. By posting your Content on PCHQ Websites, you further warrant and certify that such posting does not violate or infringe on the rights of any other party.

If Company is involved in any litigation with regard to any violation of Content posted by Advertiser that Advertiser will cooperate with any Inquiries Company receives regarding copyright infringement.

INDEMNIFICATION

In cases of any and all damages directly, indirectly and/or consequentially resulting from Your unauthorized attempted or actual use of PCHQ Websites or violation of any TCOU or due to or arising out any Content you publish, post, transmit, or make available, You agree to be personally liable and fully indemnify Company and PCHQ Affiliates for loss of property, fines, attorney’s fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

LIMITATIONS ON COMPANY’S LIABILITY

You agree that Company and PCHQ Affiliates are not responsible or liable to you for any damages of any kind whether based on contract, strict liability, tort, or otherwise. Company and PCHQ Affiliates will not be liable in whatsoever including without limitation for any indirect, direct, consequential, special, incidental or punitive damages resulting from unauthorized access to or alteration of your transmissions or data, errors or omissions in its content or in its technical operation. Company disclaims all liability even if advised of the possibility of such damages whether caused in whole or part by negligence, acts of God, technical failures, or security breach. Notwithstanding any other provision of these terms, in no event will and under no circumstances will Company and PCHQ Affiliates be liable to you for any reason or any cause of action whatsoever in an amount greater than ten dollars ($10).

You agree to indemnify, defend, and hold harmless Company and PCHQ Affiliates from any and all claims, damages, and expenses (including reasonable attorney’s fees) that arise from (1) your usage PCHQ Websites, (2) Company’s usage of any information or content you provide as long as such use is consistent with this Agreement (3) Information posted or transmitted through your membership account even if not posted by you (4) Any violation of this Agreement by You.

Billing

Company bills you through your online account (“Billing Account”) for Service. By using Service on PCHQ Websites you agree to pay Company all charges at the prices in effect at the time services are billed and authorize Company to charge the payment authority (“Payment Method”) you selected. You agree to make payments for the Service using Payment Method. You are required to maintain the most current and accurate information in your account at all times. Any items that affect Payment Methods such as Billing Address must be made promptly.

Most plans for Services have an initial period which has a one-time charge, followed by a recurring monthly charge. You agree and acknowledge that you understand once the initial period expires, the recurring monthly charge will be billed to your account until Service is cancelled. Company will submit charges of your recurring payment to your Payment Method without any further notice or authorization from you. You may cancel Service at any time. Service will continue until end of the period paid. Every effort will be made to cancel Payment Method within reasonable time. However, cancellation will not affect any charges that were submitted before Company could reasonably act.

Your subscription for Service will automatically continue for successive renewal periods of the same duration as the original subscription term at the then current non-promotional subscription rate.

Non-termination of your Service constitutes continuation of Services and re-billing of your monthly service charge to your Payment Method. Company will submit charge to your Payment Method. Denial of payment from your Payment Method does not waive payment obligation for Service. Company has right to seek payment directly from you.

Advertising Details

For all Services your account will be billed immediately upon creation. For your advertisement to be viewable to others the following items need to be in place:

All required fields on the data entry screens must be entered correctly.
All Content must be approved according to this Agreement.
If you select an advertising template that shows a photo then at least one photo must be uploaded and then be approved by our staff. Every uploaded photo is reviewed.
You also have the ability to edit your ad any time. However, some changes may require approval. Please allow up to five (5) business days for approval of changes. During this time your ad will NOT be viewable to others.

Advertising and Photo Guidelines

All ads must be tasteful. Ads cannot promote unlawful behavior or activity. Any ads that violate these guidelines will not be accepted.

We reserve the right to edit or delete any photo or advertisement for violating any terms of this Agreement and the TCOU.

Termination

You may terminate your Services at any time. Your Termination date will be the next business day of receipt of termination. Your Service will remain active until the end of paid period. You also have the option to completely remove Service immediately. In either case no refunds will be given.

Company may terminate your Service at any time. Cause for such termination shall include, but not be limited to (1) violations of the TCOU (2) any fraudulent activity (3) non-payment of fees owed by you.

Further you agree that all terminations for cause will be made at Company’s sole discretion and Company shall have no liability to you or any third party for any termination of your Service.

Even after your Service is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

Jurisdiction and Venue

This site is operated and controlled by Company and its representatives from their offices in New York. This Agreement shall be construed and enforced in accordance to the Laws of the State of New York without its conflict of law principles.

You acknowledge and agree that any disputes arising under this Agreement shall be resolved by arbitration according to the rules of the American Arbitration Association in Las Vegas, Nevada, including any questions about which types of disputes are subject to arbitration or any issues of scope of this arbitration agreement or this Agreement, they will be decided by the arbitrators.

The decision of the arbitrators is final. All proceedings and decisions shall be kept strictly confidential by the parties. No claim may be brought as a class action, combined or consolidated with any other proceeding, nor may any proceeding be pursued in a representative capacity or on behalf of a class.

This Agreement shall become valid once a fully executed Advertising Agreement Terms Confirmation has been received and accepted by Company.

Assignment

This Agreement is assignable to buyer upon sale of Company.

Modification of Service

Company reserves the right at any time to modify or discontinue temporarily or permanently, the Service (or any part thereof) without notice to you. You agree that Company will not be liable to you or any third party for any modification, suspension, or discontinuance of Service.

Additional Terms

If any provision of this Agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which remain in full force and effect.