Terms of Use

1. Acceptance of these terms

These Terms of Use (“Terms”) govern your access to and use of the website located at https://azulperformance.com and any content, tools or materials made available through it (the “Site”), operated by Azul Performance, LLC (“Azul Performance”, “we”, “us” or “our”).

By accessing or using the Site you agree to be bound by these Terms. If you do not agree, you must not access or use the Site.

Separate written agreements govern commercial relationships with advertisers and publishers. Where a signed agreement conflicts with these Terms in relation to that relationship, the signed agreement prevails.

2. Eligibility

You must be at least eighteen years of age and legally capable of entering into a binding contract to use the Site. By using the Site you represent and warrant that:

• you meet the age and capacity requirements above;
• where you act on behalf of an organisation, you are authorised to bind that organisation to these Terms;
• you will comply with all laws and regulations applicable to your use of the Site;
• any information you provide to us is accurate and current.

3. Nature of the Site and our services

The Site is an informational resource describing a business-to-business performance marketing service. It is not, and must not be interpreted as:

• an offer, solicitation or advertisement for any consumer financial product, insurance policy, legal service or educational programme;
• an application for credit, coverage, representation or enrolment of any kind;
• financial, legal, tax, insurance or professional advice.

Azul Performance is not a lender, bank, insurance carrier, law firm, licensed broker or credit repair organisation. We do not underwrite, price, approve or decline anything. Businesses that receive consumer inquiries through our network are independent and are solely responsible for their own products, terms, disclosures and licensing.

There are no forms on this Site. Any communication with us begins with an email you choose to send.

4. Acceptable use

You agree not to:

1. use the Site for any unlawful purpose or in violation of these Terms;
2. copy, scrape, harvest or systematically extract content from the Site by automated means without our prior written consent;
3. attempt to gain unauthorised access to any part of the Site, any server, or any system or network connected to it;
4. probe, scan or test the vulnerability of the Site or breach any security or authentication measure;
5. introduce malware, or any code intended to disrupt, damage or limit the functioning of any software, hardware or communications equipment;
6. interfere with or place unreasonable load on the Site or its infrastructure;
7. reverse engineer, decompile or disassemble any part of the Site;
8. frame, mirror or misrepresent the Site or its content;
9. impersonate any person or entity or misstate your affiliation with one.

We may suspend or terminate access for anyone we reasonably believe is in breach of these Terms or applicable law, without notice and without liability.

5. Intellectual property

All content on the Site — including text, layout, graphics, diagrams, iconography, source code, compilations and the Azul Performance name and marks — is owned by Azul Performance, LLC or its licensors and is protected by intellectual property laws.

We grant you a limited, revocable, non-exclusive, non-transferable licence to access and view the Site for your own internal business evaluation. No other rights are granted. In particular you may not:

• reproduce, republish, distribute, publicly display or create derivative works from Site content without written consent;
• use our marks in a way likely to cause confusion or to imply endorsement, sponsorship or affiliation;
• remove or obscure any proprietary notice.

Third-party marks referenced on the Site remain the property of their respective owners and their appearance does not imply any relationship.

5.1 Feedback

If you send us suggestions or feedback about the Site or our services, you grant us a perpetual, irrevocable, royalty-free licence to use it without restriction or obligation to you.

6. Credentials and partner systems

Where we provide credentials, access details or documentation in connection with a commercial relationship, you agree to:

• keep those credentials confidential and restrict access to personnel who need them;
• notify us without delay of any suspected compromise or unauthorised use;
• accept responsibility for activity conducted using your credentials;
• use the materials only for the purpose set out in the relevant agreement.

We are not liable for loss arising from your failure to protect credentials issued to you.

7. Third-party content and links

The Site may link to third-party websites, resources or services. Those links are provided for convenience only. We do not control, endorse, review or assume responsibility for third-party content, products, policies or practices, and access is entirely at your own risk. Any dealings with a third party are solely between you and that party.

8. Privacy

Our handling of personal information is described in our Privacy Policy and our use of cookies in our Cookie Policy. Both are incorporated into these Terms by reference. By using the Site you acknowledge those practices.

9. Disclaimers

The Site and all content on it are provided on an “as is” and “as available” basis without representation or warranty of any kind, whether express, implied or statutory.

To the fullest extent permitted by law, we disclaim 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, timely, secure, error-free or free of harmful components, or that information on the Site is accurate, complete or current.

Descriptions of our operating standards, controls and processes are provided for information. They do not create a contractual commitment except where set out in a signed agreement, and they may change as our practices develop.

10. Limitation of liability

To the fullest extent permitted by law, Azul Performance and its officers, directors, employees, agents and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, business opportunity or goodwill, arising out of or relating to your use of or inability to use the Site, whether based in contract, tort, strict liability or any other theory, and whether or not we have been advised of the possibility of such damages.

Our aggregate liability arising out of or relating to the Site shall not exceed one hundred United States dollars (US$100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. Where that is the case, the limitations above apply to the maximum extent permitted.

11. Indemnification

You agree to indemnify, defend and hold harmless Azul Performance and its officers, directors, employees, agents, affiliates and licensors from and against any claim, liability, damage, judgment, award, loss, cost or expense, including reasonable legal fees, arising out of or relating to:

• your breach of these Terms;
• your use or misuse of the Site;
• your violation of any law or the rights of a third party;
• any content or information you transmit to us.

We reserve the right to assume exclusive defence and control of any matter subject to indemnification, at your expense, and you agree to cooperate with that defence.

12. Governing law and venue

These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the State of Florida, without regard to conflict of law principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.

You agree that any action or proceeding shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of those courts and waive any objection based on venue or forum non conveniens.

12.1 Time limit

Any claim arising out of or relating to these Terms or the Site must be commenced within one year after the claim arose, to the extent permitted by applicable law.

13. General provisions

13.1 Changes

We may revise these Terms at any time. Revisions take effect when posted, and the effective date at the top of this page will be updated. Continued use of the Site after a revision constitutes acceptance.

13.2 Severability

If any provision is held unenforceable, that provision will be modified to the minimum extent necessary and the remaining provisions continue in full force.

13.3 No waiver

Our failure to enforce a provision is not a waiver of the right to enforce it later.

13.4 Assignment

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

13.5 Entire agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Azul Performance regarding the Site and supersede all prior communications on that subject.

13.6 Force majeure

We are not liable for any failure or delay caused by circumstances beyond our reasonable control.

14. Contact

Questions about these Terms should be directed to: