These website terms and conditions apply to websites owned or operated
by Peak Performance. Please note that certain Peak Performance website-based
services may have additional terms and conditions regarding your use of
those services. Such terms and conditions, where applicable, will be available
on the website associated with that service.
Permission
to make and internally use copies of the text, graphics, images, video
and audio files and
other information ("Content")
from this World Wide Web (WWW) server is granted subject to the following:
- Any copies must include the above copyright notice, and
- Any
copies shall be used only for internal, non-commercial use, unless
prior explicit permission is granted by Peak Performance
- Permission is granted only to the person legally accessing this
server and is not transferable to any other person.
The Content may contain other proprietary notices or describe products,
services, processes or technologies owned by Peak Performance or third
parties. Except for the foregoing limited license to make and internally
use copies of the Content, nothing contained herein shall be construed
as granting to the user a license under any copyright, trademark, patent
or other intellectual property right of Peak Performance or any third
party. Requirements for linking to www.peak-performance.net
Peak Performance makes no representations or warranties concerning the
legality or propriety of the content of any site linked to this site. Use of the Content from this site on any other site or in a networked
computer environment, including but not limited, framing the Content
within another site, is expressly prohibited without the prior written
permission of Peak Performance. Upon our written consent, you must agree to the following guidelines:
- You must link
only to our homepage, and not to pages within the site itself.
- Peak Performance's
link must not appear connected to any other logos and graphics.
- The Peak Performance
name and logo must not be associated with unfair, deceptive or libelous
advertising or commentary or used in any way that will tend to injure
or compromise our professional reputation and corporate identity
and policies.
- Your text hyperlink
must include the following company name: Peak Performance. No changes
or stylization is permitted.
Trademarks
Peak Performance is a trademark of Peak Performance,
and the other trademarks, logos, and service marks (collectively
the "Trademarks")
used in this site are the property of Peak Performance or their respective
owners. Nothing contained in this site should be construed as granting
by implication, estoppel, or otherwise, a license or right of use
of Peak Performance or any other Trademark displayed in the site
without
the written permission of Peak Performance or its respective owner. Consent to Monitoring and Disclosure
Peak Performance is under no obligation to monitor the Content and any
other information residing on or transmitted to this server. However,
anyone using this server agrees that Peak Performance may monitor the
server contents periodically to (1) comply with any necessary laws,
regulations or other governmental requests; (2) to operate the server
properly or to protect itself and its users. Peak Performance reserves
the right to modify, reject or eliminate any information residing on
or transmitted to its server that it, in its sole discretion, believes
is unacceptable or in violation of these terms and conditions. Submission of Ideas
We welcome your comments about our site, products and services ("Comments").
The Comments and Ideas that you may submit shall in no way prevent
the purchase, manufacture or use of similar products, services, plans
and
ideas by Peak Performance for any purpose whatever. Please understand
that Peak Performance makes no assurances that your Comments and Ideas
will be treated as confidential or proprietary. Please also understand
that Peak Performance shall be free to copy, use, modify, disclose
and distribute your Comments and Ideas without restriction for any
purposes
whatsoever, commercial or otherwise, without compensation to you. Disclaimer of Liability
THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE
OF THIS SERVER AND THE INTERNET GENERALLY. PEAK PERFORMANCE AND ITS
AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS,
EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INCLUDING BUT NOT LIMITED
TO THE DOCUMENTATION AND RELATED GRAPHICS, ACCESSED FROM, OR VIA, THIS
SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. PEAK PERFORMANCE DOES NOT ASSUME ANY LEGAL LIABILITY
OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF
ANY CONTENT, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER
OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL PEAK
PERFORMANCE BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA,
OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE
CONTENT, THIS SERVER OR THE INTERNET GENERALLY. No Warranties
Any Peak Performance material on this server may include technical
inaccuracies or typographical errors. Peak Performance has the
right to make changes
and updates to any Content contained within this server without prior
notice. THE CONTENT PROVIDED ON THIS SERVER IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES
OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR CONTENT GIVEN BY
PEAK PERFORMANCE, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL
CREATE ANY WARRANTY. NEITHER PEAK PERFORMANCE NOR ITS AFFILIATES
WARRANTS THAT THE CONTENT ON THIS SERVER OR ON THE INTERNET GENERALLY
WILL BE
UNINTERRUPTABLE OR ERROR FREE OR THAT ANY CONTENT, SOFTWARE OR OTHER
MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. Disclaimer of Endorsement
Reference herein to any products, services, processes, hypertext links
to third parties or other information by trade name, trademark, manufacturer,
supplier or otherwise does not constitute or imply its endorsement,
sponsorship or recommendation by Peak Performance. Product and service
information is the sole responsibility of each individual vendor. Digital Millennium Copyright Act
Pursuant to Title II of the Digital Millennium Copyright Act, all claims
of copyright infringement for material that is believed to be residing
on Peak Performance system or network, should be promptly sent in
the form of written communication to Peak Performance's Designated
Agent:
Eddie Kim, Peak Performance, 20521 Teresita Way 2nd Floor, Lake Forest,
CA 92630; Facsimile: (949) 457-0800 All claims must include the following information:
- A physical or
electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
- Identification
of the copyrighted work claimed to have been infringed, or if multiple
copyrighted works at a single on-line site are covered by a single
notification, a representative list of such works at 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
the service provider to locate the material;
- Information reasonably
sufficient to permit the service provider to contact the Complaining
Party, such as an address, telephone number, and if available, an
electronic mail address at which the Complaining Party may be contacted;
- A statement that
the Complaining Party has 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; and
- A statement that
the information in the notification is accurate, and under penalty
of perjury, that the Complaining Party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
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