Terms & Conditions
Last Updated: January 2, 2026
These Terms and Conditions (“Terms”) govern your access to and use of the website operated by Performance Driven Services LLC (“Company,” “we,” “us,” or “our”). By accessing or using this website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, you must not access or use the website.
1. Website Use and Eligibility
This website is intended for individuals who are at least eighteen (18) years old and capable of entering into legally binding agreements. By using the website, you represent and warrant that you meet these eligibility requirements.
You agree to use the website only for lawful purposes and in compliance with all applicable laws, regulations, and these Terms. Without limiting the foregoing, you agree that you will not:
• Access or attempt to access systems, data, or areas of the website not intended for you
• Disrupt, damage, interfere with, or impair the website, its security, or its infrastructure
• Introduce malware, viruses, bots, scraping tools, or other harmful or automated code
• Use any manual or automated means to scrape, harvest, or collect data from the website
• Misrepresent your identity, affiliation, or the purpose of your communications
We reserve the right, in our sole discretion, to suspend, restrict, or terminate your access to the website at any time and without notice, including for any violation or suspected violation of these Terms.
2. Informational Purpose Only – No Professional Advice
All content provided on this website is for general informational purposes only. Nothing on this website constitutes, or should be construed as, business, operational, financial, legal, or professional advice, and nothing on this website creates a client–consultant or other professional relationship.
Any services provided by Performance Driven Services LLC are governed exclusively by a separate written agreement executed by both parties. In the event of any conflict between such an agreement and these Terms, the written agreement will control with respect to the services described in that agreement.
3. No Guarantees or Warranties
The website, its content, and any materials or features made available through the website are provided strictly on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Performance Driven Services LLC expressly disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, non infringement, accuracy, availability, or results.
Without limiting the foregoing, we do not warrant that:
• The website will be uninterrupted, timely, secure, or error free
• Any defects or errors will be corrected
• The content on the website is complete, current, or accurate
Any reliance you place on website content is strictly at your own risk.
4. Intellectual Property Rights
All content on this website—including, without limitation, text, graphics, logos, images, videos, methodologies, frameworks, training concepts, and downloadable materials—is the exclusive property of Performance Driven Services LLC or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws.
You are granted a limited, non exclusive, non transferable, revocable license to access and use the website for your personal or internal business purposes. You may not copy, reproduce, modify, distribute, publish, transmit, publicly display, publicly perform, create derivative works from, or otherwise exploit any content from the website without our prior written consent, except as expressly permitted by law.
5. Client Engagements and Results Disclaimer
Any references on the website to client outcomes, performance improvements, metrics, or results (including case studies, testimonials, or examples) are illustrative only and do not constitute guarantees or promises of specific results. Actual results may vary and depend on numerous factors beyond our control, including leadership commitment, execution quality, organizational culture, available resources, and external conditions.
6. Limitation of Liability
To the maximum extent permitted by applicable law, Performance Driven Services LLC and its members, officers, employees, and contractors shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business interruption, arising out of or relating to:
• Your access to or use of, or inability to access or use, the website
• Any reliance on website content or materials
• Any errors, omissions, delays, defects, interruptions, security breaches, or viruses
In no event shall our total aggregate liability arising out of or relating to the website or these Terms exceed the greater of (a) one hundred dollars ($100) or (b) the amount paid by you, if any, to access the website during the twelve (12) months immediately preceding the event giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so the above limitations may not apply to you to the extent prohibited by law.
7. Indemnification
You agree to defend, indemnify, and hold harmless Performance Driven Services LLC and its members, officers, employees, and contractors from and against any and all claims, demands, actions, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
• Your use of or access to the website
• Your violation of these Terms
• Your violation of any applicable law or the rights of any third party
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with our defense of such claims.
8. Third Party Links
The website may contain links to third party websites or services that are not owned or controlled by Performance Driven Services LLC. We do not control, endorse, or assume responsibility for any third party websites, content, products, services, or policies. Accessing or using third party websites is at your own risk, and you are encouraged to review their terms and privacy policies.
9. Privacy
Your use of the website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the website, you acknowledge that you have read and understand our Privacy Policy.
10. Modifications to the Website and Terms
We may, at any time and in our sole discretion, modify, suspend, or discontinue any part of the website, with or without notice. We may also update or modify these Terms from time to time.
Changes to these Terms are effective immediately upon posting on the website, unless a later effective date is stated. Your continued use of the website after the posting of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the website.
11. Governing Law and Venue
These Terms and any dispute arising out of or relating to them or the website shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. Subject to the arbitration provisions in Section 12, any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in the State of North Carolina, and you consent to the personal jurisdiction and venue of such courts.
12. Mandatory Arbitration and Jury Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except as expressly provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the website, or your use of the website (collectively, “Disputes”) shall be resolved exclusively through binding arbitration, rather than in court.
Either party may bring an individual action in a small claims court of competent jurisdiction for Disputes within the scope of such court’s jurisdiction. In addition, either party may seek injunctive or other equitable relief in a court of competent jurisdiction for alleged or threatened misuse of intellectual property or unauthorized access to systems.
Arbitration shall be conducted on an individual basis only and not as a class, collective, consolidated, or representative action. YOU EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
Unless otherwise agreed in writing, the arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules then in effect. The seat and venue of arbitration shall be in the State of North Carolina, and the language of the arbitration shall be English. The arbitrator shall have the authority to award any relief that would be available in a court of competent jurisdiction, consistent with these terms.
If any portion of this arbitration provision is found unenforceable, the remaining portions shall remain in full force and effect to the maximum extent permitted by law.
13. Force Majeure
Performance Driven Services LLC shall not be liable for any failure or delay in performance of any obligation under these Terms to the extent such failure or delay is caused by events or circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, labor disputes, government orders or restrictions, power failures, internet or telecommunications outages, failures of hosting providers, or failures of third party service providers.
14. Severability and Waiver
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
15. Contact Information
If you have any questions about these Terms, please contact:
Performance Driven Services LLC
127 W Hargett St
Ste 301
Raleigh, NC 27601 1393
sales@performancedrivenservices.com