WELCOME TO THE PEAKSTORE LLC WEBSITE
The Terms of Use apply only to the websites owned (however accessed and/or used, whether via personal computers, mobile devices, or otherwise) or controlled by PEAKSTORE LLC. (“Company,” “PEAKSTORE LLC,” “we,” “our” or “us”) or other interactive features that are accessible or downloadable through the websites owned or controlled by Company and that post a link to the Terms of Use (collectively, the “Web Sites”).
The company provides Web Sites as a service to its customers. Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Web Sites constitutes your agreement to follow and be bound by those terms (the “Agreement”). If you do not agree to these terms, please do not use this site. Although you may “bookmark” a particular portion of the Web Sites and thereby bypass this Agreement, your use of the Web Sites still binds you to the terms. We may from time to time change the terms that govern your use of our Web Sites. Since Company may revise this Agreement at any time, you should visit this page periodically to review the terms of your use.
PRIVACY
Please review our Privacy Policy, which also governs your visit to the Web Sites to understand our practices. When you visit the Web Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Web Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on the Web Sites, such as text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of the Company or its content suppliers and protected by international copyright laws. The compilation of all content on the Web Sites is the exclusive property of the Company and protected by domestic and international copyright laws. All software used on the Web Sites is the property of the Company or its software suppliers and protected by domestic and international copyright laws.
TRADEMARKS
PEAKSTORE LLC and Company’s graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks. PEAKSTORE LLC trademarks and trade dress may not be used in connection with any product or service that is not PEAKSTORE LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PEAKSTORE LLC, the Company, or the Company’s products. All other trademarks not owned by Company that appear on the Web Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or PEAKSTORE LLC.
WEB SITE CONTENTS
Occasionally there may be information on the Web Sites that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you. You understand and accept that all materials, including text, images, illustrations, designs, icons, photographs, video clips, and other materials that are part of the Web Sites (collectively, the “Contents”) are owned by the Company. You are expressly prohibited from using any Content without the express written consent of the Company. The Web Sites and all Contents are intended solely for personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Web Sites, or any related software. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials.
PROGRAMS AND PROMOTIONS
The Web Sites may contain or offer programs, sweepstakes, contests, or other promotions, which may be governed by a separate set of rules that describe the program, sweepstakes, contest, or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration, or entry will be valid or restricted, and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest, or promotion.
DISCLAIMER OF WARRANTIES
The websites, including, without limitation, all content, software, and functions made available on or accessed through or sent from the websites, are provided “as is,” “as available, ” and “with all faults.” to the fullest extent permissible by law, company and its subsidiaries and affiliates make no representation or warranties or endorsements of any kind whatsoever (express or implied) about: (a) the web sites; (b) the content and software on and provided through the web sites; (c) the functions made accessible on or accessed through the web sites; (d) the messages and information sent from the web sites by users; (e) any products or services offered via the web sites or hypertext links to third parties; and/or (f) security associated with the transmission of sensitive information through the web sites or any linked site. The company does not warrant that the websites, any of the websites’ functions, or any content contained therein will be uninterrupted or error-free; that defects will be corrected; or that the websites or the servers that make them available are free of viruses or other harmful components.
The company does not warrant that your activities or use of the websites is lawful in any particular jurisdiction and, in any event, the company specifically disclaims such warranties. You understand that by using any of the features of the websites, you act at your own risk, and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the websites or the content. Further, the company and its subsidiaries and affiliates disclaim any express or implied warranties including, without limitation, noninfringement, merchantability, fitness for a particular purpose, and title.
The company, its subsidiaries or affiliates, or the directors, officers, employees, or other representatives of each of them shall not be liable for the use of the websites including, without limitation, the content and any errors contained therein. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to this agreement.
DISCLAIMERS/LIMITATION OF LIABILITY
You understand and agree that Company limits its liability in connection with your use of the websites as set forth below:
Under no circumstances shall company, its subsidiaries, or affiliates or the directors, officers, employees, or other representatives of each of them (collectively, the “company entities and individuals”) be liable to you for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to (1) the web sites, the content, or your upload information; (2) the use of, inability to use, or performance of the web sites; (3) any action taken in connection with an investigation by company or law enforcement authorities regarding your use of the web sites or content; (4) any action taken in connection with copyright owners; (5) any errors or omissions in the web sites’ technical operation, even if foreseeable or even if the company entities and individuals have been advised of the possibility of such damages whether in an action of contract, negligence, strict liability tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the web sites). In no event will the company entities and individuals be liable to you or anyone else for loss or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the company entities and individuals’ total liability to you for all damages, losses, or causes of action exceed one hundred dollars ($100).
The company entities and individuals are not responsible for any damage to any user’s computer, modem, cell phone, hardware, software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
Your access to and use of this website is at your risk. If you are dissatisfied with the website or any of the content, your sole and exclusive remedy is to discontinue accessing and using the website or the content.
You recognize and confirm that in the event you incur any damages, losses, or injuries that arise out of the company’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, program, video, film or other content owned or controlled by the company and/or its subsidiaries, and/or affiliates or your upload information, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any company web site, property, product, program, video, film or other content or your upload information or any and all activities or actions related thereto.
You recognize and confirm that the websites do not provide medical advice, information, or recommendation of any kind and the company expressly disclaims that it is providing any such advice, information, or recommendation. The statements on the websites have not been evaluated by the food and drug administration. This product is not intended to diagnose, treat, cure or prevent any disease.
By accessing any of the websites, I understand that I may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, I acknowledge that I have read and understand, and hereby expressly waive, the benefits of any law of any state or territory, which provides that a general release does not extend to claims which the releasor does not know or suspect to exist in his/her favor at the time of executing a release, and which if known by him/her must have materially affected his/her settlement with the release.
INDEMNIFICATION
You agree to defend, indemnify and hold Company and its affiliates and their respective officers, directors, employees, representatives, and agents harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Web Sites.
TERMINATION
This Agreement is effective unless and until terminated by either you or Company. You may terminate this Agreement at any time. The company also may terminate this Agreement at any time and may do so immediately without notice, and accordingly, deny you access to the Web Sites, if in Company’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or the Company, you must promptly destroy all materials, downloaded or otherwise, obtained from the Web Sites, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.