Legal - Terms of Use
ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all entities you represent and PEAK Technical Services, Inc. ("PEAK"), and governs your use of the PEAK Technical Services web site and the content, information and services provided through PEAK’s web site.
If you use PEAK’s web site, you are acknowledging your acceptance and agreement, and the acceptance and agreement of all entities you represent, to the terms and conditions of this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and all entities you represent. If you do not agree with each provision of this Agreement, or you may not use the Web Site.
SCOPE OF THIS AGREEMENT
This Agreement is in addition to and supplements any written agreements that you or any entities you represent have with PEAK.
CHANGES TO THIS AGREEMENT
PEAK may, in its sole discretion, change, supplement or amend this Agreement with respect to your future use of the PEAK web site at any time, for any reason, and without any prior notice or liability to you. You may not change, supplement, or amend this Agreement.
PERMISSION TO USE THE WEB SITE
PEAK’s web site may be accessed and used only by individuals who: (a) have reached the age of legal majority and can enter into legally binding contracts under applicable law; and (b) have accepted this Agreement. PEAK reserves the right to deny permission to access and use the PEAK web site at any time.
ERRORS
PEAK tries to provide accurate information through the web site. Nevertheless, errors may occur. Thus PEAK reserves the right to change information available through the web site at any time without any prior notice or liability to you or any other person.
DISCLAIMER
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY PEAK TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO USE THE WEB SITE.
THE INTERNET IS NOT A SECURE ENVIRONMENT, MAY BE SUBJECT TO INTERRUPTION, AND BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND PEAK’S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE UNINTERRUPTED, SECURE OR PRIVATE.
PEAK WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF THE FAILURE, MALFUNCTION, INTERRUPTION, CHANGE OR REMOVAL OF THE WEB SITE.
WITHOUT LIMITING ANY OF THE FOREGOING, PEAK MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER, EQUIPMENT AND SOFTWARE; (B) THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE INFORMATION CONTAINED IN THE WEB SITE WILL BE ACCURATE, COMPLETE OR TIMELY; (D) THE USE OF THE WEB SITE WILL BE FREE OF VIRUSES, WORMS OR OTHER DESTRUCTIVE COMPONENTS; OR (E) THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND PEAK DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSION
TO THE FULLEST EXTENT OF THE LAW, PEAK WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER ENITTY FOR ANY LOSS OF USE, LOSS OF INCOME OR PROFITS, ECONOMIC LOSS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER LEGAL THEORY, ARISING FROM OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER ENTITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL PEAK’S TOTAL LIABILITY TO YOU OR ANY OTHER ENTITY FOR ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER LEGAL THEORY, EXCEED $100 (US).
RELEASE
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE PEAK AND ITS AFFILIATES AND PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED OR ASSOCIATED PERSONS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, CAUSES OF ACTION, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
INDEMNITY
TO THE FULLEST EXTENT OF THE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PEAK AND ITS AFFILIATES, AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, OR ASSOCIATED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR LIABILITY ARISING OUT OF OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT.
TRADEMARKS AND LOGOS
Certain marks and logos appearing on PEAK’s web site are registered and unregistered trademarks, trade names and service marks owned or licensed by PEAK. Other company names and logos appearing on the Web Site may be registered or unregistered trade names, trademarks and service marks of their respective owners.
Any use of the trade names, trademarks, service marks and logos displayed on PEAK’s web site is strictly prohibited. Nothing appearing on PEAK’s web site or elsewhere shall be construed as granting, by implication or otherwise, any license or right to use any marks displayed on PEAK’s web site.
LINKS TO OTHER SITES
PEAK’s web site includes links to other web sites or resources and businesses. Such other sites are independent from PEAK and PEAK has no responsibility or liability for or control over other sites, their business or content. PEAK does not sponsor or endorse any other sites or their content. Your use of other sites and any dealings with the owners of other sites is at your own risk, and you shall not make any claim against PEAK arising out of your use of any other sites or your interactions with the owners of any other sites.
GOVERNING LAW
This Agreement and all related matters are governed solely by the laws of Pennsylvania excluding any rules of conflict of laws.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be brought in Pittsburgh, Pennsylvania and you consent to the jurisdiction of any court in Pittsburgh, Pennsylvania over you personally.
MISCELLANEOUS
If any provision of this Agreement is found to be unlawful or void, or for any reason unenforceable, then that provision shall not affect the validity and enforceability of any remaining provisions.
Notwithstanding anything herein to the contrary, the following provisions of this Agreement will survive after the termination of this Agreement and remain in full force and effect and be binding upon the parties as applicable: Disclaimer, Liability Exclusion, Liability Limitation, Release, and Indemnity; Links to Other Sites; Trademarks and Logos; Governing Law; and Miscellaneous. The provisions of this Agreement will inure to the benefit of and be binding upon PEAK, its successors and assigns, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons. This Agreement may not be assigned or delegated by you. PEAK may assign this Agreement and its rights and obligations under this Agreement. No waiver will be effective unless in writing and signed by the party granting the waiver.
