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1. Your Use of this Website Constitutes your Acceptance of the Following Terms. |
Your access to, and use of, the Peak Website having a front page at www.peakproducts.com (this "Website") is subject to these Terms of Use, without limitation or qualification. If you do not agree and accept, without limitation or qualification, these Terms of Use, you are not permitted to use this Website and must exit this Website immediately. |
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| 2. Ownership of Content |
Peak™ and various trademarks, including those referred to in the Intellectual Property section, are trademarks of Peak Innovations Inc. The Peak Group of Companies and Peak Innovations Inc. are hereinafter collectively referred to as "Peak". This Website and all of its contents including, but not limited to, all text and images ("Content") are owned and copyrighted by Peak, or others, with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is also a registered and/or unregistered trademark of Peak or others. Use of any Content from this Website is prohibited, except in accordance with these Terms of Use or with the prior written permission of Peak. |
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| 3. Your Use of this Website |
Peak grants you a limited, non-transferable, revocable right to use this Website as follows:
(a) you may download Content, but only for non-commercial and/or personal use and provided that you also retain all copyright and other proprietary notices contained on the Content; and
(b) you may not sell, copy (except as described above), distribute, transmit, modify, display, reproduce, reuse, license, publish, create derivative works from, transfer or otherwise use Content without Peak's prior written permission.
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| 4. Privacy |
Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to this Website by electronic mail or otherwise will be used by Peak in accordance with this Website's Privacy Policy. Any other communication or material you transmit to this Website, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary. |
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| 5. Disclaimer of Warranties |
ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, Peak neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. |
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| 6. Exclusion of Liability |
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. NEITHER PEAK NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF THEIR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. |
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| 7. Links to Third Party Websites |
This Website may contain links to websites owned or operated by parties other than Peak. Such links are provided for your convenience only. Peak does not control, and is not responsible for, the content or privacy policies on, or the security of, such websites. Without limiting the foregoing, Peak expressly disclaims any responsibility if such websites:
(a) are inaccurate, incomplete or misleading;
(b) contain viruses or other items of a destructive nature;
(c) do not provide adequate security;
(d) are not fit for a particular purpose;
(e) infringe any third party's intellectual property rights; and/or
(f) are libellous or defamatory.
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| Neither does Peak endorse the content, or any products or services available, on such websites. If you establish a link to such websites, you do so at your own risk and without the permission of Peak. |
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| 8. Revisions to the Terms |
Peak may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use. |
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| 9. Law and Jurisdiction |
These Terms of Use and your use of this Website are governed by the laws of British Columbia, without regard to its choice of law provisions, and by the laws of Canada as applicable therein. The courts of general jurisdiction located within British Columbia will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or this Website or in which these Terms of Use and/or this Website are a material fact.
The parties have agreed that these Terms of Use have been drawn in the English language. Les parties ont convenu que ces termes soit rédigé en anglais. If a translation of these Terms of Use is provided, it is provided for convenience only. To the fullest extent permitted by law, the controlling language for these Terms of Use is English.
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