PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT DISCLAIMERS AND LEGAL INFORMATION
USER AGREEMENT
Peak Positioning is pleased to provide you access to this website subject to these Terms of Use (“Terms”) and our Privacy Policy. By visiting any page of the website other than the Home page, the Privacy Policy page, and this Terms of Use page, you express your consent to, and agreement with the Terms. We may, in our sole discretion, modify, restrict, change, or otherwise alter the Terms or the website, in whole or in part, impose limits on certain features or services on the website or restrict your access to part or all of the website. By continuing to access and use the website you will be evidencing your consent to, agreement with, and understanding of, such modifications, changes or alterations. We may not notify you of changes, alterations or modifications to the Terms that are necessary or desirable, as we determine in our sole discretion.
ONLINE CONDUCT
You agree to use the website for lawful purposes only. You will not send or otherwise transmit any material that is abusive, vulgar, obscene, hateful, fraudulent, threatening, harassing, or defamatory;
Send or otherwise transmit any material that you don't have the right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
Send or otherwise transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer.
Peak Positioning may at any time, without prior notice and at our sole discretion, terminate your membership privileges on the website for violating the above provisions. As stated in the USER INDEMNITY section below, you agree to indemnify Peak Positioning and hold us harmless from any actions, claims, proceedings, or liabilities arising out of your violation of these terms and conditions. You're responsible for all statements made and acts that occur through the use of your user name and password. So please don't disclose your password to anybody. If it has been lost or stolen, let us know as soon as possible.
PAYMENTS FOR SERVICES
Where applicable, you agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. SN reserves the right to change the amount of, or basis for determining, any fees or charges for its services, and to institute new fees or charges effective upon prior notice to you.
REGISTRATION FOR SERVICES
In order to register as a service subscriber, you must register at least one Peak-Positioning-Enabled laptop on the website. When and if you register as a service subscriber, you agree to provide accurate, current, and complete information about yourself and the product being registered as prompted by the appropriate registration form. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your access to the section of the website reserved for registered service subscribers until the matter has been resolved as we deem to be satisfactory.
As part of the registration process, you will be asked to select a password. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING SERVICE RENEWALS) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
USER PRIVACY
We respect your concerns about how we may gather and/or use personal information, and take every reasonable measure to protect your privacy. When you initially access the website, and on occasions when you access the website thereafter, we may collect certain data in addition to the data collected during registration for our services. Our Privacy Policy will govern how we may collect and use this data. By assenting to these Terms and using this website, you evidence your agreement with, and understanding of, our Privacy Policy.
USER INPUT
We welcome your suggestions to assist us in providing our clients with a better experience when accessing and using the website. While we will endeavor to review your suggestions, we may not be able to adequately respond to messages suggesting new ideas. You hereby agree that any idea that you may convey to us shall become our sole and exclusive property and that we will have no liability or responsibility for providing any credit, compensation or other consideration for any idea that you may send to us or for keeping such idea confidential. Such submissions may not be acknowledged and will not be returned.
CONTENT
The website may contain content such as text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by us or by third parties. All such content is for your reference only and should not be relied upon by you for any specific purpose. The content may not be copied, duplicated, distributed, downloaded (unless required as specified by us for the purposes of the provision of our services), sold or otherwise exploited by you in any way, except as agreed to in writing by us. We are not responsible for the accuracy and reliability of content provided by third parties.
LINKS AND ADVERTISING
From time to time, the website may contain hyperlinks to third party websites (“Links”) and/or banner advertising and/or sponsorships operated by or referring to third parties and their goods and services (“Ads”). Such Links and Ads are for your reference only, and we neither control such linked websites or Ads nor are we liable or responsible for their content. Display of such Links or Ads on the website does not imply or express any endorsement by us or any individuals or entities referred to in the content on such linked websites, or of such Links or Ads, or any association with their operators. You may direct any comments or concerns that you may have regarding any such Links or Ads on the website to us, as set forth in CONTACT section below. You are solely responsible for any charges or obligations that may be incurred as a result of any dealings with such website operators or advertisers. Other websites may also have a link to our website posted on their website; you hereby acknowledge and agree that we are not responsible for the content of any such website or the actions of any operator of any such website.
COPYRIGHTS, TRADEMARKS AND SERVICE MARKS
Our website and all materials on this Website including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music ("Intellectual Property") are or may be protected under Canadian and worldwide copyrights which are owned or licensed, in whole or in part, by us or otherwise used with permission of their respective owners. Intellectual Property or any third party trademarks, service marks, or copyrights may not be manipulated, edited, reproduced, performed, republished, uploaded to or downloaded from, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from this website or any other website owned or operated by us without our prior written consent, which may be withheld in our sole discretion. Any manipulation of the Website or any portion thereof, or use of any of the foregoing for any other purpose constitutes an infringement of our copyrights, trademark rights or property and proprietary rights, or of the respective owners of such Intellectual Property. Any use of any portion of this website on any other website or other networked computer environment is prohibited without our prior written consent, which may be withheld in our sole discretion. You represent you are the sole author and proprietor of any information or ideas that you submit to us, and that no information or ideas submitted by you has been registered for copyright protection in any jurisdiction or has been previously published in any form.
If you know or become aware that any information or ideas on the website submitted by any other user is protected by intellectual property laws, you agree to promptly give us notice of such infringement by the methods set forth in the CONTACT section below.
USER INDEMNITY
You agree to defend, indemnify and hold harmless, us, our affiliates, agents, employees, directors, interest holders, stockholders, officers, managers and content producers from any claims, actions, losses, damages, liabilities, judgments, settlements, and other costs and expenses (including attorneys' fees and disbursements) arising out of or relating to: (i) your breach or failure of your obligations under the Terms, or (ii) your use of the website or interaction with the website, including but not limited to, the services to which you have subscribed. Such indemnity shall include any costs and expenses incurred by us in any actions taken to enforce this indemnity.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ACT OR OMISSION OF OURS OR ANY OF OUR OFFICERS, MANAGERS, AGENTS, DIRECTOR, AFFILIATES, INTEREST HOLDERS, STOCKHOLDERS, EMPLOYEES OR CONTENT PROVIDERS, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER US NOR ANY OF OUR OFFICERS, MANAGERS, INTEREST HOLDERS, AGENTS, DIRECTORS, AFFILIATES, EMPLOYEES OR CONTENT PROVIDERS IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT USE OF OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK. OUR WEBSITE, CONTENT AND SERVICES ARE PROVIDED "AS IS," AND "AS AVAILABLE" FOR YOUR PERSONAL USE ONLY, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH PEAK POSITIONING OR THE WEBSITE. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY AND ACCURACY OF CONTENT, INFORMATION, PRODUCTS OR SERVICES; AND (B) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PROCESS.
NEITHER PEAK POSITIONING NOR ANY OF ITS AGENTS, AFFILIATES, OFFICERS, SHAREHOLDERS, DIRECTORS, MANAGERS, INTEREST HOLDERS, EMPLOYEES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR THE CONTENT. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL IDEAS ON THE WEBSITE OR SUBMITTED TO US. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR POTENTIAL LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN THE EVENT THAT THIS SECTION OF THE TERM IS DETERMINED BY ANY COURT TO BE UNENFORCEABLE, YOU AGREE THAT ANY CLAIM THAT YOU BRING AGAINST PEAK POSITIONING OR ANY OF ITS AGENTS, AFFILIATES, EMPLOYEES, SHAREHOLDERS, DIRECTORS, INTEREST HOLDERS, OFFICERS, MANAGERS OR CONTENT PROVIDERS THEREOF SHALL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND SUCH CLAIM SHALL NOT BE CONSOLIDATED WITH THE ARBITRATION, HEARING OR OTHER PROCEEDING (INCLUDING WITHOUT LIMITATION ANY OTHER SUIT OR CLASS ACTION) BROUGHT BY OR AGAINST ANOTHER USER OR US WITHOUT OUR EXPRESS WRITTEN CONSENT.
VALIDITY OF ELECTRONIC/INTERNET CONTRACTS
The Terms shall have the same meaning, force and effect as if executed by hand, and all of the laws to which a hand executed agreement are subject will govern the Terms. A printed version of the Terms shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CHOICE OF LAW
THE TERMS WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF QUEBEC, APPLICABLE TO AGREEMENTS MADE AND WHOLLY PERFORMED IN THAT PROVINCE, WITHOUT REGARD TO THE CHOICE OF LAW PROVISIONS THEREOF.
CONTACT
If you wish to contact us for any reason, please use our customer service department.