Terms of Use

  1. Peak 10 Website Terms of Use

    Welcome to the Peak 10 website. By accessing, browsing or using our website, you agree to be bound by the following Terms of Use (the “Terms”). Please review these Terms before using the website.  If you do not agree to these Terms, you should not use our website.

  2. Intellectual Property

    All contents of the Peak 10 website, including, without limitation, text, images, graphics (collectively, the “Materials”) is the copyrighted work of Peak 10, its subsidiaries, developers, vendors or licensors. Except as expressly authorized by Peak 10, the Materials may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.

    If you believe the Peak 10 website or Materials infringe upon your intellectual property rights please contact abuse@peak10.com.

  3. Copyright Notices

    In circumstances where the Digital Millennium Copyright Act (“DMCA”) is applicable and you believe your intellectual property rights are being infringed upon, please contact abuse@peak10.com and provide us with the information set forth below.  We will forward your notice to our customer.

    To be effective, your notice must include:

    • An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Peak 10 to locate the material.
    • Information reasonably sufficient to permit Peak 10 to contact you, such as an address, telephone number, and, if available, an electronic mail address.
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
  4. Privacy Policy

    The Peak 10 Privacy Policy is hereby incorporated into these Terms.

  5. Disclaimer of Warranties

    Your use of and access to the Peak 10 website is at your sole risk. The Peak 10 website is provided for informational purposes only on an “AS IS” and “AS AVAILBALE” basis without any express or implied warranty of any kind, including warranties of merchantability, non-infringement, or fitness for any particular purpose.  Peak 10 makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of the Materials.  You assume all risk and responsibility for any loss or damage whatsoever to your computer system, data and business arising out of your use of the Peak 10 website or the Materials.

  6. Limitation of Liability

    You understand and agree that Peak 10 shall not be responsible, to the full extent permitted by law, any direct, indirect, special, incidental, consequential, punitive or exemplary damages arising out of or in connection with your use of or related to the Peak 10 website or the Materials (including without limitation for loss of or damage to business, revenues, goodwill or data) even if Peak 10 had previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract, negligence or other tortuous action.

  7. Indemnification

    As a condition of use of the Peak 10 website, you agree to indemnify Peak 10 from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of the Peak 10, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms.

  8. General

    These Terms shall be subject to and construed in accordance with the laws of the state of North Carolina, excluding its conflict of laws principles.  If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.