Terms of Use | Performance Services

PERFORMANCE SERVICES, INC. TERMS OF USE

Last Updated: August 6, 2026

These Terms of Use (“Terms”) govern your access to and use of www.performanceservices.com (the “Site”), which is owned and operated by Performance Services, Inc. (“Performance Services,” “we,” “us,” or “our”). By accessing or using the Site, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, please do not use the Site.

ACCEPTANCE OF THESE TERMS

These Terms form a binding agreement between you and Performance Services. We may also post additional guidelines or rules that apply to particular features of the Site. Where they apply, those guidelines are incorporated by reference as part of these Terms. If you use the Site on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf.

ABOUT THE SITE; NO OFFER OR CONTRACT

The Site is an informational and business-development resource describing our services. Content on the Site, including descriptions of services, project examples, and results, is provided solely for general informational purposes. Nothing on the Site is an offer, bid, proposal, or commitment, and nothing on the Site creates a contract or professional engagement. Any services we provide are governed solely by a separate written agreement signed by Performance Services and the client.

ELIGIBILITY

The Site is intended for use by adults acting in a business or professional capacity. It is not directed to children, and you must be at least 18 years old (or the age of majority in your jurisdiction) to use it. By using the Site, you represent that you meet these requirements.

CHANGES TO THESE TERMS AND THE SITE

We may update these Terms from time to time. When we do, we will revise the “Last Updated” date above, and the updated Terms take effect when posted. For material changes, we will provide reasonable advance notice through the Site or by another reasonable method, and such changes will take effect on the date stated in that notice. Your continued use of the Site after the revised Terms take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site. We may also modify, suspend, or discontinue any part of the Site at any time without notice.

LICENSE AND PERMITTED USE

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your own informational and business purposes, including evaluating our services and downloading or printing resources we make available, provided you do not remove any proprietary notices. We reserve all rights not expressly granted. You grant Performance Services a worldwide, nonexclusive, royalty-free, sublicensable license to use, reproduce, modify, distribute, and display your Submissions for its business purposes.

PROHIBITED CONDUCT

You agree not to:

Use the Site in violation of any applicable law or regulation, or for any unlawful or fraudulent purpose;
Copy, reproduce, republish, distribute, sell, license, or create derivative works from Site content except as expressly permitted in the License and Permitted Use section;
Use any robot, spider, scraper, data-mining tool, or other automated means to access, collect, or harvest content or data from the Site, or to compile a database from Site content, without our prior written consent;
Attempt to gain unauthorized access to the Site, our systems, or other users’ information, or interfere with or disrupt the integrity, security, or performance of the Site;
Introduce viruses, malware, or other harmful code, or impose an unreasonable load on our infrastructure;
Reverse engineer, decompile, or attempt to derive the source code of any part of the Site, except where such restriction is prohibited by law;
Use any content from the Site to train, fine-tune, enrich, or develop artificial intelligence or machine learning systems without Performance Services’ prior written consent;
Access or use the Site in violation of U.S. export control or economic sanctions laws;
Use the Site to transmit unsolicited or unauthorized advertising or solicitations; or
Misrepresent your identity or affiliation, or use the Site to harass, defame, or harm others or Performance Services.

Unauthorized use of the Site, including unauthorized scraping or data collection, may violate these Terms and applicable law. We may pursue all available remedies, including injunctive relief and recovery of our actual damages and the reasonable costs (including attorneys’ fees) of enforcing these Terms, to the extent permitted by law.

INTELLECTUAL PROPERTY

The Site and its content (including text, graphics, photographs, project images, videos, designs, layouts, articles, white papers, logos, and other materials) are owned by Performance Services or its licensors and are protected by copyright, trademark, and other laws. Except for the limited license in the License and Permitted Use section, no right, title, or interest in any Site content is transferred to you. Claims of copyright infringement should be sent to [email protected]. Notices of claimed copyright infringement must include sufficient information to identify the copyrighted work, the allegedly infringing material, contact information for the complaining party, and a statement made under penalty of perjury that the complainant is authorized to act on behalf of the copyright owner.

TRADEMARKS

“Performance Services” and our logos, taglines, and other brand features are trademarks or service marks of Performance Services. Other names, logos, and marks appearing on the Site, including those of industry associations or third parties, are the property of their respective owners and do not imply endorsement. You may not use any of these marks without the owner’s prior written permission.

SUBMISSIONS AND FORM CONTENT

By submitting information through a Site form, you acknowledge that you have read and agree to these Terms and our Privacy Policy. If you submit information through a Site form, by email, or otherwise (“Submissions”), you represent that you have the right to provide it and that it is accurate. Except for personal information, which we handle as described in our Privacy Policy, and except for any information that is the subject of a separate written confidentiality agreement, we may use Submissions for our business purposes without restriction or obligation to you. Please do not send us confidential, proprietary, or sensitive information through the Site, and do not submit unsolicited business ideas or proposals that you expect to be treated as confidential. You further agree to not submit any infringing content, malicious code, confidential third-party information, or the personal information of others without proper authorization.

CAREERS AND EMPLOYMENT INQUIRIES

Information about open positions on the Site is provided for convenience and may change at any time. Submitting an application or inquiry does not create an offer of employment or any employment relationship, and any employment with Performance Services is subject to our separate hiring process and applicable policies. We handle recruiting information as described in our Privacy Policy.

INFORMATIONAL PURPOSES ONLY; NO PROFESSIONAL ADVICE

Content on the Site, including articles, resources, and project descriptions, is general information and is not architectural, engineering, construction, financial, legal, or other professional advice, and it is not a substitute for a professional assessment of your specific facility, project, or circumstances. You should not rely on Site content as advice for a particular project, and accessing the Site does not create any professional, advisory, or client relationship. Engineering and architectural services are provided only under a signed written agreement and through appropriately licensed professionals.

GUARANTEES AND PERFORMANCE STATEMENTS

The Site describes our approach and certain guarantees, such as our design-build, no-change-order, open-book, and performance commitments. Those statements describe our general programs and are qualified by, and apply only as set forth in, the specific written agreement for a given project. Project examples and results describe past work and are not a promise of future outcomes. Forward-looking statements on the Site reflect current expectations and are not guarantees.

THIRD-PARTY WEBSITES AND CONTENT

The Site may link to or display content from third-party websites, platforms, and resources that we do not control. We provide these links and content for convenience and do not endorse and are not responsible for third-party sites or their content, products, or practices. Your use of any third-party site is governed by that site’s own terms and policies.

DISCLAIMER OF WARRANTIES

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, PERFORMANCE SERVICES DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT CONTENT IS ACCURATE, COMPLETE, OR CURRENT.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, PERFORMANCE SERVICES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE SITE, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS. THIS SECTION DOES NOT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, AND IT DOES NOT APPLY TO OBLIGATIONS UNDER A SEPARATE PROJECT AGREEMENT. IF ANY LIMITATION IS UNENFORCEABLE, IT SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify and hold harmless Performance Services and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your misuse of the Site or your violation of these Terms or applicable law.

PRIVACY

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and disclose personal information in connection with the Site. By using the Site, you acknowledge and agree to the Privacy Policy.

TERMINATION

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we believe you have violated these Terms. The following provisions survive termination: Prohibited Conduct, Intellectual Property, Trademarks, Submissions and Form Content, Disclaimer of Warranties, Limitation of Liability, Indemnification, Privacy, Termination, Governing Law and Venue, Class Action Waiver, Jury Trial Waiver, and General Provisions.

ACCESSIBILITY

We strive to make the Site accessible and usable for all individuals but do not warrant that the Site will operate without interruption or accessibility-related limitations at all times. Performance Services is committed to improving accessibility and welcomes feedback from users who experience accessibility barriers.

GOVERNING LAW AND VENUE

These Terms are governed by the laws of the State of Indiana, without regard to its conflict-of-laws rules. Subject to the Class Action Waiver and Jury Trial Waiver provisions of these Terms, you agree that any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Hamilton County, Indiana, and you irrevocably consent to the personal jurisdiction of those courts.

CLASS ACTION WAIVER

To the fullest extent permitted by applicable law, you and Performance Services agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or your use of the Site shall be brought solely in an individual capacity and not as a plaintiff, claimant, class representative, class member, private attorney general, or participant in any representative, collective, consolidated, or class proceeding. The parties expressly waive any right to bring, maintain, participate in, or recover through any class action, collective action, representative action, mass action, or similar proceeding. A court may not consolidate the claims of multiple persons or otherwise preside over any form of representative or class proceeding unless such waiver is prohibited by applicable law.

JURY TRIAL WAIVER

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PERFORMANCE SERVICES KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY TRANSACTION OR RELATIONSHIP BETWEEN THE PARTIES. EACH PARTY ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THESE TERMS AND THAT ANY DISPUTE SHALL BE DECIDED BY A JUDGE SITTING WITHOUT A JURY.

GENERAL PROVISIONS

Entire agreement. These Terms (and all others incorporated by reference, including but not limited to the Privacy Policy) are the entire agreement between you and Performance Services regarding the Site and supersede any prior understandings regarding the Site.

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in effect.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

Electronic communications. When you use the Site or send communications to us, you agree that we may communicate with you electronically, and that electronic communications satisfy any legal requirement that a communication be in writing. You further consent to receive notices electronically and agree that electronic records and signatures satisfy legal requirements for writings.

Time limit on claims. Any claim arising out of or relating to these Terms or the Site must be brought within one year after the claim arose; otherwise, it is permanently barred, except where a shorter period would be unenforceable or a longer period is required by applicable law.

HOW TO CONTACT US

If you have questions about these Terms, contact us:

By email: [email protected]
By phone: 317-713-1750
By mail: Performance Services, Inc., Attn: Marketing Department, 4670 Haven Point Boulevard, Indianapolis, IN 46280