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 firstname.lastname@example.org.
In circumstances where the Digital Millennium Copyright Act (“DMCA”) is applicable and you believe your intellectual property rights are being infringed upon, please contact email@example.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:
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.
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.
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.
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.