These Terms and Conditions govern access to and use of the website operated by Performance Group Solutions LLC, referred to as “PGS,” “we,” “us,” or “our.” By accessing or using this website, you agree to these Terms and Conditions. If you do not agree, please do not use the website.
1. Acceptance of Terms
You must be legally able to enter into a binding agreement to use this website. If you access the website on behalf of a company or other organization, you represent that you have authority to act on behalf of that organization and to bind it to these Terms and Conditions.
Our Privacy Policy explains how PGS handles information submitted through or collected in connection with the website and is incorporated into these terms by reference.
2. Permitted Website Use
PGS provides this website for general business information, evaluation of PGS capabilities, and communication with prospective or existing clients. You may view and use the website for lawful, personal, and internal business purposes.
You may not copy, reproduce, republish, distribute, sell, license, modify, create derivative works from, or commercially exploit website content except with prior written authorization from PGS or as permitted by applicable law.
3. Consulting, Managed Services, and Professional Engagements
Information on this website describes PGS capabilities, which may include fractional CIO, CTO, and CISO advisory services, managed technology and security services, cloud and Microsoft 365 services, infrastructure operations, technology projects, modernization, vendor coordination, and related professional services.
Website content, form submissions, introductory discussions, proposals, estimates, or scheduling requests do not by themselves create a client relationship, fiduciary relationship, managed-services obligation, service-level commitment, confidentiality obligation, or duty to perform services.
Any paid engagement will be governed by separately executed documents, which may include a Master Services Agreement, Statement of Work, order form, service schedule, Service Level Agreement, security or data-processing addendum, acceptable-use requirements, and other written terms. If these website terms conflict with an executed client agreement, the executed client agreement controls for that engagement.
Service availability, scope, deliverables, assumptions, dependencies, fees, expenses, schedules, response targets, support hours, exclusions, client responsibilities, and acceptance criteria will be defined in the applicable written agreement.
4. Informational Content and No Professional Guarantee
Website content is provided for general informational and marketing purposes. It is not legal, accounting, financial, insurance, regulatory, or tax advice and should not be relied upon as a substitute for advice from a qualified professional.
Technology, cybersecurity, cloud, compliance, and operational-risk information changes over time. Although PGS seeks to provide useful and accurate information, PGS does not warrant that website content is complete, current, error-free, suitable for a particular environment, or sufficient to satisfy any legal, regulatory, contractual, audit, or insurance requirement.
No cybersecurity control, technology platform, monitoring service, consulting methodology, or managed service can guarantee that systems will remain uninterrupted, error-free, fully compliant, or free from compromise, data loss, vulnerabilities, or other incidents.
5. Contact Forms and Communications
You agree that information submitted through a contact form or by email will be accurate and that you have authority to provide it. Do not submit passwords, authentication codes, private encryption keys, payment-card information, protected health information, highly sensitive personal information, regulated client data, or confidential business data through the public website or ordinary email.
Submitting a message does not guarantee a response or create an obligation for PGS to accept an engagement. Electronic communications may not be completely secure or error-free. Urgent operational or security incidents must be reported through the support channels specified in an active client agreement, not through the public website.
6. Intellectual Property
The website and its content, including text, branding, graphics, design, layout, service descriptions, icons, software, and other materials, are owned by PGS or used with permission and are protected by applicable intellectual-property laws.
“Performance Group Solutions,” “PGS,” associated logos, and other brand elements may be trademarks or service marks of PGS. No license or right to use PGS intellectual property is granted except the limited right to access the website under these terms.
If you provide general feedback or suggestions about the website or PGS services, PGS may use that feedback without restriction or compensation, provided that PGS does not thereby acquire ownership of your confidential information or pre-existing intellectual property.
7. Third-Party Websites, Platforms, and Services
The website may link to or integrate with third-party websites, scheduling tools, analytics, communications platforms, cloud services, social networks, or other resources. Such third-party services are controlled by their respective providers and may be subject to separate terms and privacy practices.
PGS does not control and is not responsible for the availability, security, accuracy, content, products, services, or practices of third parties. A link or integration does not imply endorsement, sponsorship, or a warranty by PGS.
8. Security and Prohibited Conduct
You may not use the website to violate any law, infringe another party’s rights, transmit harmful or unlawful material, impersonate another person or organization, interfere with website operation, or attempt to gain unauthorized access to systems, accounts, networks, data, or services.
Prohibited conduct includes introducing malware, bypassing security controls, exploiting vulnerabilities, conducting unauthorized penetration testing, vulnerability scanning or scraping, attempting denial-of-service activity, harvesting information, or using automated systems in a manner that imposes an unreasonable burden on the website.
PGS may restrict or block access, preserve relevant records, and cooperate with service providers or lawful authorities when PGS reasonably believes activity threatens the website, PGS, a client, a user, or another party.
9. Website Disclaimers
To the maximum extent permitted by law, the website and all website content are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. PGS disclaims implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and security.
PGS does not warrant that access will be uninterrupted, that defects will be corrected, that the website or hosting environment will be free of harmful components, or that any particular result will be achieved through use of the website or reliance on its content.
Some jurisdictions do not allow certain warranty exclusions, so portions of this section may not apply to you.
10. Limitation of Liability
To the maximum extent permitted by law, PGS and its owners, officers, employees, contractors, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for loss of profits, revenue, business opportunity, goodwill, data, or use, arising from or related to the website or website content, even if advised of the possibility of such damages.
To the maximum extent permitted by law, the aggregate liability of PGS for claims arising solely from use of the public website will not exceed one hundred U.S. dollars. This website limitation does not replace or modify any liability terms contained in an executed client agreement.
Some jurisdictions do not allow certain exclusions or limitations of liability, so portions of this section may not apply to you.
11. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless PGS and its owners, officers, employees, contractors, affiliates, licensors, and service providers from claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from your unlawful use of the website, violation of these terms, infringement of another party’s rights, or information or material you submit through the website.
12. Governing Law and Venue
These Terms and Conditions are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Subject to any non-waivable right under applicable law, any dispute arising from these website terms or use of the website will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the jurisdiction and venue of those courts.
13. Availability, Suspension, and Termination
PGS may modify, suspend, restrict, or discontinue any part of the website at any time without notice. PGS may terminate or restrict access if PGS reasonably believes these terms have been violated or that continued access presents operational, legal, or security risk.
14. Severability, Waiver, and Entire Agreement
If any provision of these terms is found unenforceable, the remaining provisions will remain in effect and the unenforceable provision will be interpreted as closely as permitted to its intended purpose. A failure by PGS to enforce a provision is not a waiver of that provision.
These Terms and Conditions and the Privacy Policy constitute the entire agreement concerning use of the public website. They do not supersede an executed agreement between PGS and a client for consulting, managed services, software, equipment, procurement, support, or professional services.
15. Changes to These Terms
PGS may update these Terms and Conditions to reflect changes to the website, business practices, services, technology, or legal requirements. Updated terms become effective when posted unless a different effective date is stated. The “Last updated” date identifies the most recent revision. Continued use of the website after an update constitutes acceptance of the revised terms.
16. Contact Information
Questions about these Terms and Conditions may be directed to Performance Group Solutions at info@pgslink.com or by telephone at (305) 507-4018.
SMS Messaging Terms
By providing your mobile phone number and consenting to receive text messages from Performance Group Solutions LLC ("PGS"), you agree to receive SMS communications related to customer support, service delivery, appointment scheduling, project updates, account notifications, and other business-related communications.
Message frequency may vary. Message and data rates may apply.
You may opt out of SMS communications at any time by replying STOP to any text message. Once you opt out, you will receive a final confirmation message and no further SMS communications will be sent unless you provide new consent.
For assistance, reply HELP or contact us at info@pgslink.com or (305) 507-4018.
Consent to receive SMS messages is not a condition of purchasing services.