1. Proprietary Rights. As between you and us, and except for your Submitted Materials (as defined in Section 5 below), we own, solely and exclusively, all rights, title and interest in and to the Web site, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, reports, papers, research, other services, graphics, charts, logos, widgets, gadgets, applets, other distributable applications, other visuals, video and copy), software, code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Web site, and the compilation of the Site Content, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Web site does not grant to you ownership or title of, in or to any Site Content or any other part of the Web site.
6. Rules of Conduct. While accessing or using the Web site, the Site Content and the various other features available on the Web site, in addition to any other supplementary terms, rules and/or guidelines that may be posted, you agree that you shall not:
impersonate any person or entity or misrepresent your affiliation with any other person or entity;
use, redistribute, republish or exploit any part of the Web site or any Site Content for any commercial or promotional purposes, or contact any other user of the Web site for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on the Web site;
alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or re-purpose any of the Site Content (or attempt to do any of the foregoing), including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;
obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Web site through any means, including through means not intentionally made publicly available or provided for through the Web site;
engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Web site, or obtaining lists of users or other information from or through the Web site, including, without limitation,
any information residing on any server or database connected to the Web site;
use the Web site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Web site or interfere with any other party’s use and enjoyment of the Web site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Web site or its services or any software on the Web site;
upload, post, transmit, distribute or otherwise publish to, on or through the Sites, any information, content or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, incendiary, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
use the Web site or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
Use the Web site or its services (or any Site Content), in whole or in part, in violation of any applicable law.
7. Electronic Communications. You hereby consent to receive communications from us electronically. You agree that all disclosures, notices, agreements, and other communications you receive from us electronically satisfy any legal requirement for such communications to be in writing. We do not accept any liability or responsibility for emails or other electronic communications that are intercepted, garbled, lost or not received.
11. Purchases. You may only order items from the Web site if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old, or the age of majority in your jurisdiction, or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Peak Performance Insights, Inc. You agree to pay all applicable taxes and shipping costs. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
We do not authorize the purchase of our products for resale purposes, and we therefore may, in our sole determination and discretion, limit or cancel certain quantities purchased per person, per household or per order. These restrictions may apply to certain orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We also may restrict orders that may appear to us to be placed by dealers, resellers or distributors, and these limitations apply to purchases made online and offline.
Descriptions or images of, or references to, products or services on the Web site do not express or imply our endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, or to limit the order quantity on any product or service and/or refuse service to you. Verification of information may be required prior to Peak Performance Insights, Inc.’s acceptance of any order. Price and availability of any product or service are subject to change without notice.
For our Returns and Shipping policies, please visit this page of our Web site. Any shipping times listed at such page are indicative only and we shall have no liability to you for any delay or failure to deliver products within the estimated timescales. Also, please note that products displayed may be out-of-stock or discontinued, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter.
13. DISCLAIMER OF WARRANTIES. THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS THEREON, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UP TIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEB SITE, THE SERVICES, THE PRODUCTS, THE FORUMS OR THE SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. WE MAKE NO WARRANTY THAT THE WEB SITE, THE SERVICES OR THE PRODUCTS ON THE WEB SITE, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR FROM OR THROUGH THE WEB SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOU SHOULD DISCONTINUE USING THE WEB SITE. WE DO NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE WEB SITE, CREATION OF AN ACCOUNT OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCTS OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES PROVIDED VIA THE WEB SITE ARE PROVIDED BY US (OR OUR LICENSORS OR THIRD PARTY PROVIDERS OR SUPPLIERS) “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR THE LICENSOR OR SUPPLIER. WHILE WE DO OUR BEST TO DISPLAY COLORS AND SIZING AS ACCURATELY AS POSSIBLE, YOU UNDERSTAND THAT COLORS OR SIZING OF OUR PRODUCTS MAY APPEAR DIFFERENTLY IN REAL LIFE THAN THEY DO ON YOUR SCREEN.
15. Jurisdictional Issues. The Web site is intended for users who are located in the United States of America. To the fullest extent permitted by applicable law, we do not represent that materials on the Web site are appropriate or available for use in other locations. Persons who choose to access the Web site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Note that some of the features on the Web site may be available solely to United States users, as determined in our sole discretion.
18. Copyright. We respect the intellectual property rights of others, and require that the people who use the Web site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Peak Performance Insights, Inc.
P.O. Box 311
West Falmouth, MA 02574