PEAK BUSINESS ACADEMY
FAST PATH PROGRAMS

TERMS AND CONDITIONS OF USE

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

This Is a Contract.  Read It.  This is a contract between you (“You” or “you”) and Peak Business Academy, LLC, an Idaho limited liability company, its affiliates, successors and assigns (“Peak” or “we” or us” or “our”). Your use of the Peak website (the “Website”) and its web-based services (the “Services”) is governed by this contract. 

By (1) using and/or visiting the Website (including all content available on or through the peakbusinessacademy.com domain name) and/or (2) clicking on “I Agree” if you elect to subscribe to the services, You signify your assent to both this terms and conditions of use (the “Terms and Conditions of Use” or this “Agreement”) and the Peak privacy policy which is available here, https://nataliehodson.com/terms-and-conditions, which is incorporated herein by reference (the “privacy policy” or “Privacy Policy”).  If You do not agree to any of these terms or policies, then do not click on “I Agree” or otherwise use the website or services. 

Please print out a copy of this document now and retain it for your future reference as it will become a binding contract when you click on “I Agree” or continue to use or browse the Website.  

Use of the Services.

1. 1. Services Defined.  The Services consist in whole or in part of one or more packaged/bundled instructional videos and/or related instructional written content, hosted and running remotely on servers owned, leased, and/or controlled by Peak. Your usage rights are constrained by this Agreement and are limited to accessing the Services via a designated portal, or such other means designated by Peak, using username(s) and password(s) and related subscription, with such access provided to you by Peak and in its sole discretion.

Our Responsibilities.  Peak shall: (i) use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which Peak shall attempt to give at least 24 hours’ notice via our Website and which we shall attempt to schedule to the extent practicable during the weekend hours from 6:00 p.m. Mountain time Saturday to 6:00 a.m. Mountain time Sunday), or (b) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Peak employees), or internet service provider failures or delays or other systemic Internet issues; and (iii) provide the Services only in accordance with applicable laws and government regulations.

Your Responsibilities.  You shall (i) be solely responsible for the accuracy, quality, integrity and legality of Your Data and of the means by which You acquired Your Data; (ii) prevent unauthorized access to or use of the Services, and notify us promptly of any such unauthorized access or use; and (iii) use the Services only in accordance with this Agreement and applicable laws and government regulations.  You shall not (i) make the Services available to anyone other than an authorized user; (ii) sell, resell, rent or lease the Services; (iii) use the Services to store or transmit infringing, libelous, obscene or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or intellectual property rights; (iv) use the Services to store or transmit malicious code; (v) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein; (vi) attempt or permit others to attempt to gain unauthorized access to the Services or their related systems or networks; or (vii) copy, reproduce, publicly perform or create derivative works based upon the Services or their documentation or templates or make or have made any feature or functionality of the Services.

Fees for the Services; Refund.  The Services offered on the Website will be sold by advertised subscription fees or prices specific to each Services bundle/package that You elect to subscribe to.  Once you click “I Agree” to subscribe to and purchase access to a specific Services bundle/package you are immediately liable to Peak Business Academy to pay the subscription price in full and pursuant to the limited payment terms and options provided by Peak Business Academy on the Website at the purchase checkout.  Peak Business Academy does not offer and will not accept to receive payment for Services in installments or similar “payment-over-time” options for its Services.

Your purchase of a Services bundle/package for the Fast Path Program may be refunded within seven (7) days from the date of purchase.  Refunds will be made on a case by case basis. Please email a request for a refund and your reason for the request to Peak@nataliehodson.com. Peak reserves the right to deny a refund request for any reason that it determines to be appropriate in its sole and absolute discretion.  Your subscription cannot be canceled for any reason after the period specified for a refund (seven (7) days) has elapsed and you are deemed to have committed to pay the full payment and purchase price due. 

Third-Party Sites and Linking.

1. 1. The Website may contain links to third-party websites that are not owned or controlled by Peak.  Peak has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.  In addition, Peak will not and cannot censor or edit the content of any third-party site.  By using the Website, you expressly relieve Peak from any and all liability arising from your use of any third-party website.  Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.  YOU MAY BE ASKED TO ENTER INTO CONTRACTS WITH THOSE THIRD-PARTY SITES OR THEIR OWNERS OR OPERATORS BY VIRTUE OF YOUR CLICKING ON A LINK ON THIS WEBSITE AND BEING TRANSPORTED TO THE EXTERNAL THIRD-PARTY SITE(S).  YOU UNDERSTAND AND ACCEPT THE RISK OF PERHAPS BEING REQUIRED TO ENTER INTO SUCH THIRD-PARTY CONTRACTS AS A CONDITION OF YOUR RECEIVING THE SERVICES OFFERED BY THIS WEBSITE AND THE LINKED THIRD-PARTY SITES AND THAT PEAK IS NOT RESPONSIBLE FOR YOUR ACTIONS OR INACTIONS IN CONNECTION WITH ANY THIRD-PARTY SITE.   
   2. To view or access all the features of the Website, your web browser may require additional third-party software, also known as plug-ins, add-ons, extensions, etc.  Peak makes no warranties that this third-party software will be compatible with your computer and specifically disclaims any liability for direct or consequential damages that arise when you download, install, or use third-party software to access the content or features of the Website.
   3. You may not obtain a username and password and thereafter access or use, or allow your agent to access or use, the Services or Website if You are our direct competitor, except with our prior written consent, and only authorized persons may obtain or utilize issued usernames or passwords.  In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. 

Website Access.

1. 1. Peak hereby grants you a limited, non-exclusive, revocable license to use the Website subject to your compliance with these Terms and Conditions of Use and further conditioned upon: (i) your use of the Website as permitted hereby is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Peak’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; (iv) you will not register or obtain domain names, Twitter handles, Facebook pages, or Instagram, Pinterest or other social media accounts using or incorporating any Peak intellectual property, including but not limited to its trademarks; and (v) you will otherwise comply with the terms and conditions of these Terms and Conditions of Use.
   2. In order to access some features of the Website and subscribe to the Services, you may have to create an account.  You may never use another’s account without Peak’s permission.  When creating your account, you must provide accurate and complete information.  You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.  You must notify Peak immediately of any breach of security or unauthorized use of your account.  Although Peak will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Peak or others due to such unauthorized use. 
   3. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Peak servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.  You agree not to collect or harvest any personally identifiable information, including account names, from the Website, and not to use the communication systems provided by the Website for any commercial solicitation purposes.  You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below).

Rights in Data.

1. 1. You hereby authorize and consent to the collection, storage and use, by Peak and its affiliates, partners and agents, of any information and data related to or derived from Your use of the Website and/or  the Services, and any information or data that You provide to Peak and its affiliates, partners and licensors (“Data”). As between Peak and You, You exclusively own all rights, title and interest in and to all of your Data.  Other data generated by your use of the Services and/or Website shall be owned by us.  
   2. You grant Peak a non-exclusive, royalty-free, worldwide license to use Your Data to improve the Services.  Without limiting the generality of the foregoing, the Data shall include, without limitation, the following types of information and data, in an aggregate (not user level) form: search requests, search results, patterns, referrer site information, data and suggestions based on user actions.  Notwithstanding the foregoing, You shall not provide or disclose and the Information shall not include any information or data that is personally identifiably to You.  The Data will be treated as being non-confidential and nonproprietary, and Peak assumes no obligation to protect confidential or proprietary information (other than personally identifiable information, per the Privacy Policy) from disclosure and will be free to reproduce, use, sell, license, and distribute the Data to others without restriction.  Peak will also be free to use, monetize, sell, license and develop intellectual property out of and from any ideas, concepts, know-how or techniques contained in the Data for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such information. 

Intellectual Property Rights.  The content on the Website, except all User Submissions (as defined below), including without limitation, the text, software, metatags, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks, trade dress and logos contained therein (“Marks”), are owned by or licensed to Peak, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  Content on the Website is provided to you AS IS and with all faults accepted for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  Peak reserves all rights not expressly granted in and to the Website and the Content.  You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.  If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.  You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

Term and Termination. 

1. 1. Commencement. This Agreement commences on the date You accept it and continues until terminated as provided herein.  

Termination.  You may terminate your use of the Website at any time. Peak may terminate this Agreement, or suspend or terminate your access to the Website, at any time, for any reason. If Peak suspects that you have violated any provision of this Agreement, Peak may also seek any other available legal remedy. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement. You remain solely liable for all obligations related to use of the Website, even after you have stopped using the Website. 

User Submissions.  

1. 1. The Website may now or in the future permit the submission of photographs or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions.  You understand that whether or not such User Submissions are published, Peak does not guarantee any confidentiality with respect to any submissions.
   2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.  In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Peak to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms and Conditions of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms and Conditions of Use.  For clarity, you retain all of your ownership rights in your User Submissions.  However, by submitting the User Submissions to the Website, you hereby grant Peak a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, make, have made, sell, lease, rent, copy, reproduce, distribute, and prepare derivative works of, display, and publicly perform the User Submissions in connection with the Website and Peak’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.  You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms and Conditions of Use.  The foregoing license granted by you terminates once you remove or delete a User Submission from the Website by contacting peak@nataliehodson.com and instructing that a particular User Submission is to be removed or deleted.
   3. In connection with User Submissions, you further agree that you will not: (i) submit material that is subject to protection under the copyright laws of the United States or any foreign country, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Peak all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Peak or any third party; (iii) submit material that is unlawful, defamatory, libelous, threatening, harassing, hateful, sexually explicit, or racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise be inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.  Peak does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Peak expressly disclaims any and all liability in connection with User Submissions.  Peak does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Peak will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights pursuant to Section 8D below.  Peak reserves the right to remove Content and User Submissions without prior notice.  Peak will also terminate a User’s access to its Website, if they are determined to be a repeat infringer.  Peak will not be obligated to refund any unused portion of a listing, membership or subscription fee if an account is terminated for repeat copyright infringement.  A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.  Peak also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms and Conditions of Use for violations other than copyright infringement and violations of intellectual property law, including, but not limited to, whether a User Submission is defamatory, excessively long, or otherwise violates these Terms and Conditions of Use.  Peak may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms and Conditions of Use at any time, without prior notice and at its sole discretion. 
   4. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): 
      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 online 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 you, such as an address, telephone number, and, if available, an electronic mail; 
      5. A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 
   5. Peak’s designated Copyright Agent to receive notifications of claimed infringement is: e-mail: peak@nataliehodson.com.
   6. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Peak is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.  You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Peak with respect thereto, and agree to indemnify and hold Peak its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

Unsolicited Idea Submission Policy.  Please do not send unsolicited ideas to Peak including but not limited to ideas for advertising campaigns, promotions, products, product improvements, processes,  materials, marketing plans, or product names.  Neither Peak nor any of its employees accept or consider unsolicited ideas.  This policy is intended to avoid misunderstandings or disputes when Peak’s products, services, or marketing strategies seem similar to unsolicited ideas that were submitted to Peak.

If, despite our request that you not send us your ideas, you still send them, then regardless of what your submission states, the following terms shall apply to your submission: (1) you agree that your ideas will automatically become the property of Peak without compensation to you, and (2) you agree that Peak can use the ideas for any purpose and in any way – even give them to others – without compensation or acknowledgement to you.  You accordingly hereby assign and agree to assign such to Peak and you waive your moral rights to attribution and integrity as to any such unsolicited ideas. 

When we wish to solicit your feedback on our services and products, we will do so through a dedicated portion of our Website or through another dedicated communication channel or process.

Warranty Disclaimer.  YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES SHALL BE AT YOUR SOLE RISK.  THE WEBSITE AND THE SERVICES ARE PROVIDED “AS-IS” AND WITH ALL FAULTS ACCEPTED.  TO THE FULLEST EXTENT PERMITTED BY LAW, PEAK, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND SERVICES AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.  PEAK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S OR SERVICES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OF THE WEBSITE OR THE SERVICES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SERVERS; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.  PEAK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PEAK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability and Damages.  IN NO EVENT SHALL PEAK, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OF THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PEAK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU AGREE THAT THE MAXIMUM TOTAL LIABILITY OF PEAK, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY PEAK FROM YOU TO ACCESS THE WEBSITE AND/OR USE THE SERVICES. IF YOUR USE OF THE WEBSITE AND/OR SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF YOUR EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

Indemnity.  You agree to defend, indemnify, and hold harmless Peak, its parent company, owners, officers, directors, affiliates, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website or the Services; (ii) your violation of any term of these Terms and Conditions of Use; (iii) your violation of any third-party right, including without limitation any copyright, patent, trademark, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.  This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the Website and the Services. 

Ability to Accept Terms and Conditions of Use.  You affirm that you are either 18 or more years of age on the date at your location at which you click on “I Agree,” are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use, and to abide by and comply with these Terms and Conditions of Use. 

Assignment.  These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Peak without restriction. 

1. Dispute Resolution and Binding Arbitration.

A. YOU AND PEAK ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION IN BOISE, IDAHO.

B. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND PEAK ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

C. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879).  The Federal Arbitration Act will govern the interpretation and enforcement of this section.

D. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

E. The arbitrator may provide the prevailing party with an award of its reasonable attorneys’ fees and costs.  Any arbitration decision and award of costs and fees may be filed with a court of competent jurisdiction and be entered enforced by such court as a binding judgment. 

F. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR PEAK WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

G. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.                                                                                                                      

1. Notices.

A. To You. We may provide any notice to you under these Terms and Conditions of Use by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

B. To Us. To give us notice under these Terms and Conditions of Use, you must contact us as follows: (i) by the method specifically indicated in this Agreement for the inquiry you are making; then (ii) in all events by email to Peak@nataliehodson.com.  We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.

General.

1. 1. Venue; Governing Law; Severability. The Website is controlled and offered by Peak from its facilities in the United States of America.  Peak makes no representations that the Website is appropriate or available for use in other locations.  Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.  You agree that: (i) the Website is to be deemed to be based solely in Idaho, USA; and (ii) the Website is to be deemed a passive website that does not seek to purposefully avail itself of the benefits and privileges of doing business in any state other than Idaho and thus does not give rise to personal jurisdiction over Peak, its owners, members, officers, directors, employees or agents, either specific or general, in jurisdictions other than Idaho.  These Terms and Conditions of Use shall be governed by the internal substantive laws of the State of Idaho, without respect to its conflict of laws principles.  Any claim or dispute between you and Peak that arises in whole or in part from the Website shall be decided exclusively by arbitration to be held in Ada County, Idaho.  These Terms and Conditions of Use, together with the Privacy Policy and any other legal notices published by Peak on the Website, shall constitute the entire agreement between you and Peak concerning the Website.  If any provision of these Terms and Conditions of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect.  No waiver of any term of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and Peak’s failure to assert any right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision. 
   2. Amendment.  Peak may amend these Terms and Conditions of Use at any time.  In all cases, your use of the Website following any amendment of these Terms and Conditions of Use will signify your assent to and acceptance of its revised terms.  In the event that any changes are made, the revised terms and conditions shall be posted on the Website immediately. Please check the latest information posted herein to inform yourself of any changes.
   3. Use Consent.  By using the Website, you consent to receiving electronic communications from Peak. These communications may include notices about your account and information concerning or related to the Website and/or Peak’s products and services. You agree that any notice, agreement, disclosure or other communication that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Entire Agreement.  This Terms and Conditions of Use agreement including the documents incorporated herein by reference, and as the same may be amended from time to time by Peak, constitute the entire agreement with respect to the Website and Services and supersedes all prior or contemporaneous understandings regarding such subject matter.

Attorney Fees.  You shall pay on demand all of Peak’s reasonable attorney fees and other costs incurred by it to collect any fees or charges due to it under this agreement following Your breach of your payment obligations to Peak.  Moreover, in any action arising out of or related to this Agreement, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees and costs of suit.

Relationship of the Parties.  The parties are independent contractors.  This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.