Peak Performance Website Terms and Conditions of Use
Peak Performance
Website Terms and Conditions of Use

Last Updated 11/1/2004
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:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. 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;
  4. 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;
  5. 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
  6. 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.