Website Terms and Conditions

Dittman Incentive Marketing, dba Next Level Performance (the “Company”) provides this website (the “Website”) to you subject to the following terms and conditions. If you visit www.nxlperformance.com, you accept these conditions. Please read them carefully.

Copyright

This Website may contain proprietary notices and copyright information, the terms of which must be observed and followed.

Intellectual Property

All content on this Website, including, but not limited to, graphics, logos, text, icons, images, audio or visual clips, digital downloads, data compilations and software is the property of the Company or a content supplier and is protected by United States and international copyright laws. The compilation of content on this Website is the exclusive property of the Company and is protected by United States and international copyright laws. All software used on this Website is the property of the Company or a software supplier and is protected by United States and international copyright laws. You are prohibited from modifying, copying, reproducing, distributing, transmitting, displaying, publishing, uploading, posting, selling, licensing, creating derivatives works or using any content on this site for personal, commercial or public purposes. Any use of the materials contained on this Website other than described herein is strictly prohibited. You agree to not link to or frame any content contained on this Website without the Company’s prior written permission.

Any material or information you transmit to this Website by email or otherwise, including any data, questions, comments or suggestions is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Company for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, and the Company is free to use any ideas, concepts, know-how or techniques contained in any communication you send to this Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. If you would like to update or delete any information you have provided to us through this Website, please send us a note with your request.

No Warranties

THIS WEBSITE AND ALL INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WHETHER STATUTORY, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW. THE COMPANY DOES NOT WARRANT THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, THE INFORMATION CONTAINED ON THIS WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVERY EFFORT HAS BEEN MADE TO ENSURE THAT INFORMATION CONTAINED ON THIS WEBSITE IS ACCURATE, BUT THE COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION. INFORMATION CONTAINED ON THIS WEBSITE MAY CONTAIN TECHNICAL INACCURACIES. THE COMPANY DOES NOT UNDERTAKE ANY OBLIGATION TO UPDATE THE INFORMATION CONTAINED ON THIS WEBSITE. THE COMPANY MAY PROVIDE LINKS TO OTHER SITES AS A CONVENIENCE BUT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY THE COMPANY OF THE LINKED SITE. YOU SHOULD NOTE THAT OTHER WEBSITES AND INTERNET SERVICES MAY HAVE TERMS AND CONDITIONS THAT ARE DIFFERENT FROM THESE TERMS. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

Limitation Of Liability 

Under no circumstances, including, but not limited to, negligence, shall the Company and its shareholders, directors, officers, managers, employees, agents and/or representatives be liable for any direct, indirect, special, consequential or punitive damages that result from the use of, or inability to use, this Website or the information contained on this Website, even if the Company or a Company authorized representative has been advised of the possibility of such damages. In no event shall the aggregate liability of the Company and its shareholders, directors, officers, managers, employees, agents and/or representatives to you for all damages, losses, and causes of action (whether based in contract, tort (including, but not limited to, negligence), strict liability or otherwise) relating to these terms and conditions and your use of this Website and the information contained on this Website exceed $500.

Indemnity

You agree to indemnify, defend and hold harmless the Company and its shareholders, directors, officers, managers, employees, agents and/or representatives from and against any and all claims, liability, losses, damages, litigation, judgments, costs and expenses (including reasonable attorneys’ fees) arising out of or relating, directly or indirectly, to your breach of these terms and conditions and your use of this Website and the information contained on this Website. Your obligations pursuant to this paragraph will survive any termination of these terms and conditions.

Changes

The Company reserves the right to revise these terms and conditions at any time and users are deemed to be apprised of and bound by any changes to these terms and conditions. Please check these terms and conditions periodically for changes. Your continued use of this Website following the posting of changes to these terms and conditions will indicate your acceptance of those changes.

Violations Of Terms And Conditions 

The Company reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access from a particular internet address to this Website.

Access To Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of this Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of this Website may be subject to prosecution.

Children 

This Website and the Company do not knowingly solicit data from children, and we do not knowingly market to children. If a child has provided us with information, a parent or guardian of that child should contact the Company if they would like this information deleted from our records. We will use reasonable efforts to delete the child’s information from our existing files.

Privacy Policy

What This Privacy Policy Covers 

This policy covers how the Company treats personal information that the Company collects and receives, including information related to your past use of Company products and services. Personal information is information about you that is personally identifiable, such as your name, address, email address or phone number, and that is not otherwise publicly available.

Information Collection and Use 

The Company collects personal information when you visit this Website in different ways including, without limitation, when you visit Website pages or the pages of certain Company partners, or when you request additional information about the Company through the “Contact Us” page of the Website. The Company may combine information about you that we have with information we obtain from business partners or other companies. When you submit information to the Company, we ask for information such as your name, email address, address and interests.

The Company automatically receives and records information on our server logs from your browser, including your IP address, Website cookie information and the page(s) you request.

The Company uses information about you in a number of different ways including, without limitation, to customize the content you see, fulfill your requests for products and services, improve our services, contact you and conduct research.

Information Sharing and Disclosure 

The Company does not rent, sell or share personal information about you with other people or nonaffiliated companies except to provide products or services that you have requested, when we have your permission, or under the following circumstances:

We provide personal information to trusted partners and affiliates who work on behalf of or with the Company under confidentiality agreements. These companies may use your personal information to help the Company communicate with you about offers from the Company, our affiliates and our marketing partners. However, these companies do not have any independent right to share this information with other nonaffiliated companies other than in the performance of their services. We respond to subpoenas, court orders or legal process, and may disclose your personal information to establish or exercise our legal rights or defend against legal claims. We believe it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or as otherwise required by law. We may transfer information about you if the Company is acquired by or merged with another company or if all or substantially all of the Company’s assets are sold. In this event, the Company will use reasonable efforts to notify you, using contact information you have provided, regarding the transfer of information. We will inform you at that time whether your information will become subject to a new privacy policy.

Cookies 

The Company may set and access Website cookies on your computer. The Company may use web beacons to access Website cookies inside and outside our network of websites and in connection with Company products and services. The data collected from these cookies helps us to analyze browsing patterns of our visitors and improve the content and design of the Website. The information collected from these cookies is for the exclusive use of the Company and its affiliates, and will not be shared with other vendors.

Your Ability to Edit and Delete Your Account Information and Preferences 

You can edit or delete any information sent to the Company at any time by contacting us here. You may opt out of receiving certain communications from the Company, such as service announcements, administrative messages and the Company Newsletter, by contacting us here.

Confidentiality and Security 

We use reasonable efforts to protect your personal information from unauthorized access or use.

Jurisdiction 

This Website is created, operated and controlled by the Company from its offices in New Brunswick, New Jersey USA. The Company makes no representation that this Website or the materials available on this site are appropriate or available for use in other locations, and access to or use of this Website from jurisdictions where its content is illegal is prohibited. Award and gift offers are void where prohibited by law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts of the State of New Jersey USA, and you consent to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action. You agree that any claim or cause of action arising out of or related to these terms and conditions, your use of this Website or the information contained herein must be filed within one (1) year after such claim or cause of action arose or forever be barred. If any provision of these terms and conditions shall be unenforceable for any reason, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to your access to this Website, and supersedes any prior agreement or understanding.

Trademarks

Dittman Incentive Marketing, dba Next Level Performance, owns the following registered trademarks:

Dittman Incentive Marketing®, TotalPRO®, Great Escapes®, Great Rewards®, Great Performers®

Any unauthorized use of these trademarks is expressly prohibited.

SMS Text Messaging Policy

Dittman Incentive Marketing, dba Next Level Performance, may operate SMS / text messaging services at the request of our clients. These services are designed to enhance the client and guest experience, and are intended to provide a positive experience to the recipient. Messages will primarily contain event reminders, updates and alerts (such as a change of venue).

The Company may send SMS messages to participants prior to, during and up to three weeks after the conclusion of, a client program or event. During this time, and primarily while the event is in progress, up to five messages per day may be sent.

Message and Data rates may apply. The Company will not charge any additional fees for you to receive messages. Depending on your text plan, you may be charged by your carrier. The Company is not responsible for any messaging or data charges incurred by program participants.

Text messages will only be sent to guests who sign up for the text messaging feature.

By enrolling in the Service, you certify that you are over 18 years of age and (a) you are the holder of the phone number receiving the messages or (b) you have the holder’s permission to do so.

If you wish to contact the Company, please email marketing@nxlperformance.com.

If you have any questions or need help, text HELP
To stop receiving text messages, text STOP, END, QUIT or CANCEL

Carriers Supported: The SMS Program may not be available through all carriers.