Terms of Use

You must meet the minimum age required to use the Platform under the laws applicable to you.

If you are under the age of majority in your jurisdiction, you may only use Performance Connect with the involvement and permission of a parent or legal guardian where required by law.

You are responsible for ensuring that your use of the Platform is lawful in your location.

Certain Performance Connect features may require an account. When creating an account, you agree to:

• Provide accurate and current information;
• Keep your login credentials secure;
• Not share your password with others;
• Not impersonate another person or organization;
• Not create an account for another person without authorization;
• Notify us if you believe your account has been compromised.

You are responsible for activity occurring through your account unless that activity resulted from a security failure attributable to Performance Connect.

We reserve the right to suspend or terminate accounts that violate these Terms or applicable law.

Performance Connect is intended for legitimate automotive-community purposes. You agree to use the Platform responsibly and lawfully. You must not use Performance Connect to:

• Break any applicable law or regulation;
• Harass, threaten, intimidate, or abuse another person;
• Defraud or scam another user;
• Impersonate another person, business, organization, or representative;
• Upload malicious software or harmful code;
• Attempt to gain unauthorized access to accounts, systems, or data;
• Interfere with the operation or security of the Platform;
• Scrape, copy, harvest, or systematically collect information without permission;
• Spam or excessively solicit users;
• Upload content that infringes another person's intellectual property or other legal rights;
• Facilitate illegal activity;
• Post fraudulent, deceptive, or materially misleading information.

Performance Connect allows users to create and share content, including profiles, photographs, videos, vehicle information, event information, reviews, comments, messages, listings, business information, and other material ("User Content").

You retain ownership of User Content that you create and submit.

By submitting User Content to Performance Connect, you grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, distribute, format, and otherwise use that content as reasonably necessary to operate, maintain, improve, and promote the Platform. This license does not transfer ownership of your content to Performance Connect.

You represent that:

• You own or have the necessary rights to submit the content;
• Your content does not unlawfully infringe another person's rights;
• Your content complies with these Terms and applicable law.

You are responsible for your User Content.

Certain information you choose to publish may be visible to other users or the public. This may include:

• Your username;
• Profile information;
• Vehicle information;
• Photographs and videos;
• Event listings;
• Marketplace listings;
• Business information;
• Public comments or reviews.

Do not publish information that you do not want other people to see.

Privacy settings may limit the visibility of certain information, but no online system can guarantee that information will never be copied, saved, or redistributed by others.

Performance Connect may allow users, clubs, businesses, or other organizations to create and promote automotive events. Event organizers are responsible for the accuracy and legality of their events, including:

• Event details;
• Locations;
• Dates and times;
• Admission requirements;
• Permits and approvals;
• Insurance;
• Safety requirements;
• Cancellation policies;
• Refund policies;
• Compliance with applicable laws.

Performance Connect does not guarantee that an event will occur as advertised. Performance Connect is not the organizer of third-party events unless expressly stated otherwise.

We are not responsible for injuries, property damage, cancellations, losses, or disputes arising from participation in third-party events, except to the extent liability cannot legally be excluded.

Performance Connect may provide features that allow users to advertise, buy, sell, trade, or otherwise exchange automotive-related goods or services.

Unless expressly stated otherwise, Performance Connect is not the seller, buyer, owner, broker, or party to transactions between users. Users are responsible for conducting their own due diligence.

Performance Connect does not guarantee:

• The existence or condition of an item;
• The accuracy of a listing;
• The identity of a seller or buyer;
• Payment;
• Delivery;
• Ownership of an item;
• The legality of a transaction.

Users are responsible for complying with all laws applicable to their transactions. Fraudulent, stolen, counterfeit, prohibited, or illegal items may not be listed.

Businesses may create profiles or listings on Performance Connect. Businesses are responsible for ensuring that their information is accurate and current.

Performance Connect does not guarantee or endorse every business, product, service, review, or claim appearing on the Platform. We may remove or modify business listings that violate these Terms or applicable policies.

Users may be able to submit reviews, ratings, comments, or other community contributions. Reviews must reflect genuine experiences. You must not:

• Submit fabricated reviews;
• Review a business solely to manipulate its rating;
• Submit reviews on behalf of another person without authorization;
• Threaten a business or user in exchange for a review;
• Coordinate fraudulent review campaigns.

Performance Connect may remove content that violates these requirements.

The Performance Connect name, logos, trademarks, branding, software, interface, designs, graphics, and original Platform content are owned by or licensed to Performance Connect.

Except where permitted by law or expressly authorized by us, you may not copy, modify, reproduce, sell, distribute, reverse engineer, republish, or create derivative works from Performance Connect's proprietary materials.

Your use of the Platform does not give you ownership of Performance Connect intellectual property.

The Platform may contain links to third-party websites, services, businesses, applications, payment processors, mapping services, or other resources. Those third parties operate under their own terms and privacy policies.

Performance Connect is not responsible for the content, availability, security, or practices of third-party services.

Performance Connect may offer paid subscriptions, memberships, advertising, promotional services, or other paid features. Where applicable, pricing and billing terms will be presented before purchase.

Unless otherwise stated or required by law:

• Paid services may renew automatically;
• You may cancel future renewals through the applicable account controls;
• Cancellation does not necessarily provide a refund for a period already paid for;
• Taxes may apply.

Any specific refund terms presented at the time of purchase will apply to that purchase.

We reserve the right, but do not assume an obligation, to review, restrict, remove, or disable access to User Content or accounts that we reasonably believe:

• Violates these Terms;
• Violates applicable law;
• Creates a risk to users or the Platform;
• Is fraudulent or deceptive;
• Infringes another person's rights;
• Is otherwise inappropriate for Performance Connect.

We may take action without prior notice where reasonably necessary to protect users, the Platform, or third parties.

You may stop using Performance Connect at any time. We may suspend, restrict, or terminate your account if:

• You violate these Terms;
• You engage in fraudulent or abusive conduct;
• Your activity creates a security or legal risk;
• We are required to do so by law;
• We discontinue the applicable service.

Where appropriate, we may provide notice and an opportunity to address the issue. Termination does not eliminate obligations that by their nature should continue after termination.

We work to keep Performance Connect available and reliable, but we do not guarantee uninterrupted access. We may:

• Modify features;
• Add or remove services;
• Change the Platform's design;
• Temporarily suspend features;
• Discontinue features or services.

We may do so for operational, security, legal, business, or technical reasons.

To the maximum extent permitted by applicable law, Performance Connect is provided on an "as available" and "as is" basis. We do not guarantee that:

• The Platform will always be available;
• Information will always be accurate;
• User Content will be reliable;
• Events or listings will occur as advertised;
• The Platform will be completely free from errors or security vulnerabilities.

Nothing in these Terms excludes a warranty, right, or protection that cannot legally be excluded.

To the maximum extent permitted by applicable law, Performance Connect and its owners, employees, contractors, affiliates, and service providers will not be responsible for indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of the Platform. This includes losses relating to:

• User-to-user transactions;
• Events;
• Listings;
• Business interactions;
• Lost profits;
• Lost data;
• Business interruption;
• Unauthorized access;
• Third-party services.

Nothing in these Terms limits liability where doing so would be prohibited by applicable law.

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Performance Connect and its owners, employees, contractors, affiliates, and service providers from claims, losses, liabilities, costs, and expenses arising from:

• Your violation of these Terms;
• Your User Content;
• Your misuse of the Platform;
• Your violation of another person's rights;
• Your transactions or interactions with other users.

Our collection and use of personal information is described in the Performance Connect Privacy Policy. By using the Platform, you acknowledge that you have reviewed the Privacy Policy.

We may update these Terms from time to time. When changes are made, we will update the "Last Updated" date. If changes are material, we may provide additional notice where appropriate.

Your continued use of Performance Connect after updated Terms become effective constitutes acceptance of the updated Terms, to the extent permitted by law.

These Terms are governed by the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflict-of-law principles.

Any dispute will be handled in accordance with applicable Canadian law and the courts having appropriate jurisdiction in Ontario, subject to any mandatory rights or protections that apply to you under the laws of your jurisdiction.

Questions regarding these Terms may be directed to: