Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Performance West Inc. ("Performance West," "we," "us," or "our"), a Wyoming corporation. By accessing our website, engaging our services, or submitting a service order, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our website or services.

Description of Services

Performance West provides compliance consulting services across five domains: telecom regulatory compliance, employment compliance, data privacy compliance, TCPA compliance, and corporate compliance. Our services include but are not limited to:

• • Compliance audits and gap analysis
• • Regulatory filing preparation and support
• • Policy review, drafting, and development
• • Compliance documentation and remediation plans
• • Business formation and state registrations
• • Ongoing compliance monitoring and maintenance

No Guarantee of Outcomes

While we strive to provide accurate and thorough compliance consulting services, we do not guarantee any specific outcome, result, or regulatory determination. Regulatory requirements are subject to change, and the interpretation and enforcement of regulations may vary by jurisdiction and agency. Our deliverables represent our professional analysis based on the information provided to us and the regulatory landscape at the time of delivery. We are not responsible for regulatory changes that occur after delivery or for decisions made by regulatory agencies.

Payment Terms

Our services are offered at fixed prices as published on our website or as quoted in a custom proposal. Payment terms are as follows:

• • Payment is due in full upon placement of a service order unless otherwise agreed in writing.
• • For custom-quoted services, a 50% deposit may be required before work begins, with the balance due upon delivery.
• • All fees are non-refundable once work has commenced, except at Performance West's sole discretion.
• • Government filing fees, registration fees, and third-party costs are billed separately and are non-refundable.

Intellectual Property

Upon full payment, you receive a non-exclusive, non-transferable license to use deliverables (reports, policies, filings, etc.) produced for you in connection with your compliance needs. Performance West retains all intellectual property rights in its methodologies, templates, processes, and tools used to create deliverables. You may not resell, redistribute, or sublicense our deliverables to third parties. Our website content, branding, and proprietary tools remain the exclusive property of Performance West Inc.

Limitation of Liability

To the maximum extent permitted by law, Performance West Inc., its officers, directors, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or in connection with our services or these Terms. Our total aggregate liability for any claim arising from our services shall not exceed the amount paid by you for the specific service giving rise to the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Performance West Inc. and its officers, directors, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use of our services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any inaccurate or incomplete information you provide to us.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Laramie County, Wyoming, and you consent to the personal jurisdiction of such courts.

Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms or our services, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through binding arbitration administered in Cheyenne, Wyoming, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

Modifications to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page. Your continued use of our website or services after any modifications constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.