Terms of Service

Last Updated: October 2024

1. Acceptance of Terms

By accessing and using ProformanceUSA's website and services, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these terms, please do not use our services.

2. Use License

Permission is granted to temporarily access the materials (information or software) on ProformanceUSA's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

Modify or copy the materials
Use the materials for any commercial purpose or public display
Attempt to decompile or reverse engineer any software on the website
Remove any copyright or proprietary notations from the materials
Transfer the materials to another person or "mirror" the materials on any other server

3. Product Information and Orders

We strive to provide accurate product information, but we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. We reserve the right to refuse or cancel any orders placed for products listed at an incorrect price or with incorrect information.

4. Payment Terms

All payments are processed securely through Shopify Payments and authorized third-party payment processors. By providing payment information, you represent and warrant that:

You are legally authorized to use the payment method provided
The information you provide is true and accurate
You will pay all charges incurred

5. Shipping and Delivery

We ship to addresses within the United States and internationally. Shipping times and costs vary by location and shipping method selected. Risk of loss and title for products pass to you upon delivery to the carrier.

6. Returns and Refunds

Please refer to our Return Policy for detailed information about returns, exchanges, and refunds. We reserve the right to refuse returns that do not meet our return policy criteria.

7. Account Registration

When you create an account with us, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device.

8. Intellectual Property

The service and its original content, features, and functionality are and will remain the exclusive property of ProformanceUSA and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without prior written consent.

9. User Content

Our website may allow you to post, link, store, share and otherwise make available certain information, text, graphics, or other material ("User Content"). You are responsible for the User Content that you post, including its legality, reliability, and appropriateness.

10. Prohibited Uses

You may not use our website:

In any way that violates any applicable federal, state, local, or international law or regulation
To transmit any advertising or promotional material without our prior written consent
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website

11. Limitation of Liability

In no event shall ProformanceUSA, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.

12. Disclaimer

Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. The service is provided without warranties of any kind, whether express or implied.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of Ohio, United States, without regard to its conflict of law provisions.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.

15. Contact Us

If you have any questions about these Terms of Service, please contact us:

Email: [email protected]
Address: 1120 High Ave SW, Canton, OH 44707, United States
Business Hours: Monday - Friday, 9AM - 5PM EST