Welcome to the websites of Peaksware, LLC, including Trainingpeaks.com. This Trainingpeaks.com Terms and Conditions of Use Agreement ("Terms of Use") is a legal agreement between you and Peaksware, LLC (hereinafter "Peaksware", "we", "us", or "our") governing your Account (as defined herein) and your use of Trainingpeaks.com website ("Site"). If you are an entity, the individual entering into this Agreement on behalf of you hereby represents that he/she is an employee or agent of such company and has authority to enter into this Agreement on the company's behalf. NOTICE: PLEASE READ THE FOLLOWING TERMS OF USE BEFORE PROCEEDING. BY CLICKING "I ACCEPT" DURING ACCOUNT REGISTRATION AND USING THE SERVICES PROVIDED THROUGH THE SITE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU CANNOT REGISTER FOR AN ACCOUNT OR USE THE SITE. Services Account Types. We provide the following types of accounts ("Accounts"):
Athlete Edition ("Athlete Account"). This is an Account between you and Peaksware. A Athlete Account can be converted into a Coach Client Account or a Sponsored Account if you elect to make that change. In order to convert your Account type, please email us at support@peaksware.com. Please refer to the Terms of Use and any Additional Terms (as defined in Section 8 of these Terms of Use) with your Coach or Sponsor for the ways that changing your Athlete Account to one of the other Account types affects your access to the Account and the Content in the Account. Coach Edition ("Coach Account"). This is an Account that is registered to a coach or other training professional ("Professional") for the purpose of providing coaching and training services to the coach or training professional's clients ("Client(s)"). Coach Client Account. This is an individual Client Account that is linked to and controlled by a Coach Account. Sponsored Account. This Account is a Athlete Account, Coach Account, or Coach Client Account that is maintained by us under an agreement with a third party sponsor ("Sponsor") through which you have registered your Account.Trainingpeaks.com Terms and Conditions of Use Agreement
Table of Contents
Subject to your compliance with these Terms of Use, we will provide you with services through the Site for the Account type you select ("Services") including storing, processing and analyzing exercise and fitness data, training plans, training logs, meal plans and any other content that you or a Coach uploads or enters into your Account (collectively, "Content") together with such Additional Services (as defined herein) as we may offer from time to time subject to their Additional Terms (as defined herein). Please visit support.trainingpeaks.com for additional information regarding our Services.
Account Registration; Account Settings; Passwords
Age Restrictions. You may not create an Account unless you are 13 years of age or older.
Your Account Information. By submitting a registration form or creating a password on the Site, you represent to us that (a) you meet any age restrictions posted on the registration page(s) and (b) the information you have provided on your registration form ("Account Information") is true, accurate, current and complete. You will maintain and promptly update your Account Information using the functionality provided through the Site to keep it true, accurate, current and complete.
Passwords- Coach Accounts and Athlete Accounts. If you have a Athlete Account, you are responsible for maintaining the confidentiality of password and you are not permitted to share or disclose your password to anyone else. You will be solely responsible for the activities of anyone accessing the Site using a password assigned to you, even if the individual is not, in fact authorized by you. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it, using the functionality provided on the applicable Site, and notify us at support@trainingpeaks.com.
Passwords- Coach Client Accounts and Sponsored Accounts. If you have a Coach Client Account, the Coach to whom you are linked will have access your Account, including you password and the Content in your Account. Some of our agreements with Sponsors also permit the Sponsor to have access to your password and account information if you have a Sponsored Account.
Permitted Uses. Use of Athlete Accounts and Coach Client Accounts is limited to your own personal, noncommercial use only. If you have a Coach Account, you may use the Site to coach individuals who have a Coach Client Account that is linked to you. For Sponsored Accounts, please refer to your agreement with the Sponsor and any Additional Terms that may be presented to you during registration for your Sponsored Account.
Payment; Termination by You
Athlete Accounts and Coach Accounts. You will be required to pay the fees for your Athlete Account or Coach Account up front for the term of the plan that you select prior to obtaining access to your Account. All plans automatically renew unless you terminate your Account within the time specified in your plan before your plan is scheduled to renew. You are free to terminate your Athlete Account or Coach Account at any time. Peaksware will not provide any refund upon termination, but you will continue to have access to your Account after you have terminated your Athlete Account or Coach Account until the expiration of your plan's term.
Coach Client Account. If you have a Coach Client Account, the Coach who controls your Account has the right to renew or terminate your Account. Your Coach has the right to direct us to terminate your access to your Coach Client Account. Please refer to the terms of your agreement with your Coach regarding payment for and termination of your Coach Client Account.
Sponsored Account. If you have a Sponsored Account, your Sponsor will pay the fees, if any, for your access to your Account. Please refer to the terms of your agreement with your Sponsor regarding payment for and termination of your Account.
Term; Termination by Peaksware
Term. We will provide the Services to you for your particular Account commencing upon the payment and completion of the registration for your Account for the term that you (or your Sponsor or Coach, if applicable) selects unless your Account is terminated before the end of the term as permitted in these Terms of Use.
Termination for Cause. We reserve the right to disable your password and terminate your access to your Account regardless of the type of Account you have if you fail to comply with these Terms of Use, including without limitation, failing to comply with the password restrictions or providing false Account Information. If we do so, we may also choose to delete your Account Information or remove Content you have posted or uploaded to the Site or your Account. We will not provide any refund if your Account is terminated for cause.
Termination by Coaches and Sponsors. If you have Coach Client Account or a Sponsored Account, your Coach or Sponsor has the right to suspend access to, terminate, or to direct us to suspend access to or terminate, your Account under certain circumstances. We have the right to suspend or terminate your access to your Account after receiving instructions from your Sponsor or Coach. Please refer to your agreement with your Coach or Sponsor and any Additional Terms that you may have accepted regarding your Account for additional information about the circumstances under which your Coach or Sponsor may terminate your particular Account.
Other Termination. We have the right to cease providing the Services at any time. If we terminate the Services, we will provide you with a pro rata refund for the remaining portion of the term of your Account.
The Content of the Site Is Not Medical Advice
THE CONTENT WE PROVIDE THROUGH THE SITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. OUR CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD YOU HAVE ANY HEALTHCARE RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SITE, AND YOU SHOULD NOT USE OUR CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US.
Online Privacy Policy Consent
By agreeing to the Terms of Use, you also agree to comply with the terms of our privacy policy, which is expressly incorporated herein. Before using the Site, please carefully review our Online Privacy Policy. All personal data provided to us as a result of your use of the Site will be handled in accordance with our Online Privacy Policy. We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.
Additional Terms and Click-Through Agreements
We or our affiliates may require you to follow additional rules, guidelines or other conditions in order to use various special features, to participate in certain promotions available through the Site, or to receive other services that we may offer from time to time ("Additional Services"). In such cases, you will be required to expressly consent to additional terms, for example, by checking a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. If any of the terms of a click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the click-through agreement. All additional terms and click-through agreements as described in this paragraph are referred to herein as "Additional Terms."
Content
User Content. Current and anticipated features of the Site provide ways for our users to post, upload, transmit through or otherwise make available ("post") Content including text, images, illustrations, graphics, workout and other data, audio, video or audio-video clips, or other materials on or through the Site. The Content our users post is referred to as "User Content" in these Terms of Use. The Content that you post is referred to as "your Content" in these Terms of Use.
Prohibited Content. You may not post Content on or through the Site that:
Responsibility for User Content. You are responsible for all Content you post to your Account and the Site and for adjusting the Account settings that permit you to display your Content on the Site, where applicable. Posting Content via the Internet inherently poses the risk of unintended disclosure and access by third parties to your Content. We will make reasonable efforts to prevent your Content from disclosure beyond the settings you select, but we cannot guarantee these settings will prevent your Content from being viewed or accessed by unintended third parties and we will not be liable for such disclosures. We are not responsible for and do not control User Content, and, therefore, we do not guarantee the accuracy, integrity or quality of any User Content. You understand that by using pages of the Site on which users may post User Content, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, settings viewing errors, or any loss or damage of any kind incurred as a result of the use of any User Content posted on or through the Site.
Rejection/Removal of Your Content. You acknowledge that we may or may not pre-screen User Content posted on the Site, but that we have the right (but not the obligation) in our sole discretion to pre-screen, edit, refuse, or remove any User Content or portion thereof that is available via the Site, in our sole discretion, for any reason. Without limiting the foregoing, we have the right to remove from the Site any User Content that violates these Terms of Use or is otherwise objectionable in our sole discretion, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Site by any person, please contact us via email at support@trainingpeaks.com.
Ownership of Your Content. We do not claim ownership rights in your Content. Subject to the non-exclusive license contained in the following paragraph, and the rights of Coaches and Sponsors, if applicable, you own and will retain any and all intellectual property rights that you may have in your Content.
License to Use Your Content. By posting your Content on or through the Site, you hereby grant us a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, publicly perform, publicly display, distribute, and create derivative works based on your Content. You consent to our use and disclosure of your Content as set forth in our Online Privacy Policy. You may contact us to request that your Content be removed from the Site. We cannot guarantee the complete deletion of your Content and copies thereof, especially on message boards, blogs or other community pages. Back-up or residual copies of any Content that we remove may remain on our servers after the Content has been removed from view, and we retain all rights granted in this paragraph to all such remaining copies.
Special Notice to Coach Client Account and Sponsored Account holders. If you have a Coach Client Account or a Sponsored Account, or if you convert your Athlete Account to a Coach Client Account or a Sponsored Account, then the Coach or Sponsor who controls your Account has the right to access, view, modify, add and delete your Content. By registering for a Coach Client Account or a Sponsored Account, or by converting your Athlete Account to a Coach Client Account or a Sponsored Account, you grant the Coach or Sponsor with whom your account is linked a license to copy, modify, view, add and delete your Content. Depending on your agreement with the Coach or Sponsor who controls your Account, your access to your Account and Content may be suspended or terminated by the Coach or Sponsor.
Access to Your Training Content Following Termination of Your Agreement. We will not delete your personal training Content when you terminate your Account. If you terminate your Athlete Account, we will convert your Account to one of our free ("Free") Accounts. You will have the ability to access, view and download your Content through your Free Account even if you do not have an active paid Account, but Free Accounts do not have many of the features and functions available to you if you register for a paid Account. Please refer to the previous section regarding access to your Content if you have a Coach Client Account or a Sponsored Account.
Your Warranties Regarding Your Content. By posting your Content via the Site, you represent and warrant that (i) you own all right, title and interest in your Content, or otherwise have the right to grant the license set forth in preceding paragraph, and (ii) the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
Ownership of Site and Content
User Content. As between you and us, we own and reserve all rights, title and interests in the Site, including all of the software and code that comprise and operate the Site, and all of the Content on the Site except your Content. The Site and the Content we and others provide are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of each Site is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of each Site.
License to you. We hereby grant you a limited, revocable, non-sublicensable license to download and print copies of any portion of the Content of the Site to which you have properly gained access for your personal use (or if you are a Coach, only for use by individuals who have a Coach Client Account). You are not permitted to remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content (unless you posted the Content). The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause.
Restrictions. You may not and you may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on the Site (except your Content) except as expressly provided in these Terms of Use or Additional Terms without our prior written permission. Any use of the Site, including the Content of the Site (except your Content), other than as specifically authorized in these Terms of Use is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.
Ownership Copyright Agent to Receive Notice of Claimed Copyright Infringement
Claims of Copyright Infringement. If you have reason to believe any part of the Content of the Site infringes the copyrights of others, please notify our Copyright Agent immediately using the contact information provided below. It is our policy to investigate any allegations of copyright infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to any Site by any user who is alleged to have posted infringing materials or a link to infringing materials on the Site and to immediately remove or disable the allegedly infringing Content or link.
Notice of Claim of Copyright Infringement. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately if you believe that (a) any Content displayed on the Site infringes your copyright or (b) any link posted on the Site links to materials that infringe your copyright. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:
Your Notice. Your notice must be signed (physically or electronically) and must be addressed as follows:
Gear Fisher
Peaksware LLC
2770 Dagny Way
Suite 212
Lafayette, CO 80026
Phone: (720) 406-1839
Fax: (303) 926-1680
E-mail: support@peaksware.com
Trademarks
Ownership of Trademarks. The trademarks and service marks used or displayed on the Site ("Trademarks") are registered and unregistered trademarks of Peaksware and its licensors or affiliates. You may not use any Trademarks displayed on the Site without the prior express written permission of Peaksware or the trademark owner.
Trademark License for Coach Accounts. If you have a Coach Account, we grant you a limited, non-exclusive, non-sublicensable, personal license to use the Trademarks "TrainingPeaks,", "TrainingPeaks.com" "Powered by TrainingPeaks," and any and all logos or designs containing the foregoing ("Licensed Marks") solely to promote your training and coaching services provided to actual and potential users of the Site. All of your use of the Licensed Marks inures to our benefit and you will acquire no rights in the Licensed Marks nor challenge or contest our rights in the Licensed Marks or any other Trademarks. This license will terminate immediately upon termination of your Coach Account for any reason. Upon termination, you will immediately cease using the Licensed Marks, destroy any materials containing the Licensed Marks and delete any references to the Licensed Marks on your website.
Your Feedback
We welcome your comments, feedback, suggestions, and other communications regarding the Site and the information and services we make available through the Site (collectively, "Feedback"). The Feedback you provide to us through the Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Links to the Site and RSS Feeds
We grant you permission to create hyperlinks to the home page of public pages within the Site, provided that the hyperlink accurately describes the content as it appears on the applicable page of the Site. You are further granted a right to implement the RSS feeds located on the Site at www.trainingpeaks.com for your personal, non-commercial use, solely as described on the Site. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause. If you wish to obtain a license to use, distribute, or otherwise feature our RSS feeds for commercial purposes, please contact us at support@trainingpeaks.com and request a license for commercial use. Under no circumstances may you "frame" the Site or any of its Content or copy portions of the Site to a server, except as part of an Internet service provider's incidental caching of pages. When a page of the Site is accessed from a link (including RSS feeds) featured on your web site, each page within the Site must be displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the applicable page within the Site. If you wish to link to any Site other than as described herein, you must execute a License and Services Agreement with Peaksware. Please contact Gear Fisher at Gear@peaksware.com.
Third Party Sites
The Site may contain links to websites operated by other entities. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Peaksware makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon.
Support
We will provide Account support ("Support") to you via the following methods:
We strive to respond to Support requests within 48 hours after the request is placed. Support is available from 9:00 a.m. to 5:00 p.m. Mountain Standard Time on Monday through Friday, excluding USA holidays.
Warranties; Disclaimer.
We will use commercially reasonable efforts to provide you the Services relating to your Account during the term of your Account in accordance with our current description of Services applicable to your Account. In the event of any breach of this warranty, please notify us at support@peaksware.com. We will re-perform the Services as necessary to correct the problem provided that you notify us in within thirty (30) days of the problem. The foregoing remedy will be your sole and exclusive remedy with respect to any failure of the Services meet the warranty set forth herein.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, PEAKSWARE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, OUR CONTENT, AND ALL SOFTWARE, PRODUCTS OR SERVICES DESCRIBED ON OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY ACTION BY A COACH OR SPONSOR RELATING TO YOUR USE OF THE SITE. YOU WILL NOT ASSERT ANY CLAIMS THAT YOU MAY HAVE AGAINST A SPONSOR OR A COACH AGAINST PEAKSWARE.
PEAKSWARE MAKES NO WARRANTY: THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PEAKSWARE OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE Terms of Use. WE DO NOT WARRANT THAT THE SITE, SERVERS, CONTENT ON THE SITE, E-MAIL SENT FROM US, OR PRODUCTS OR SERVICES AVAILABLE ON THE SITE, IF ANY, WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
Limitation of Liability
To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, SPONSORS and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PEAKSWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), arising out of or in connection with the use of the SERVICES AND THE SITE, or otherwise RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES OR THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY GOODS, CONTENT, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR ACCOUNT IN THE YEAR IMMEDIATELY PRECEDING THE CLAIM.
These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use will apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Indemnity
You will indemnify and hold Peaksware, and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim, liability, loss, expense or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site (including any information, materials, products or services available through the Site), your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.
International Use
If you access the Site from outside the United States, you will comply with all local rules regarding your use of the Site.
Jurisdictional Issues
This agreement will be governed by and interpreted in accordance with the laws of the State of Colorado. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Denver, Colorado for any legal proceedings related to these Terms of Use.
Miscellaneous
Notice. We will send you notices via e-mail or regular mail. We may also display notices or links on the Site as described in these Terms of Service.
Assignment. You may not assign, delegate or otherwise transfer your Account or your obligations under these Terms of Use. Peaksware will have the right, in its sole discretion, transfer or assign all or any part of its rights under these Terms of Use and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms of Use.
Severability. If any clause or provision of these Terms of Use will be held by a court of competent jurisdiction to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, will nevertheless be and remain in full force and effect, and the parties will promptly substitute for the invalid provision a valid and binding provision resembling the invalid provision as closely as possible in intent and economic effect.
Captions. The captions of each section are added as a matter of convenience only and will be considered of no effect in the construction of any provision of this agreement.
Attorneys' fees. If any party hereto will bring any suit or action against another for relief, declaratory or otherwise, arising out of this agreement, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees.
Survival. The Disclaimer of Warranties and Limitation of Liability sections of these Terms of Use will survive the termination of these Terms of Use.
Waiver. Failure to insist upon strict compliance with any of the terms, covenants and conditions hereof will not be deemed a waiver of such terms, covenants and conditions, nor will any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver will be valid unless in writing and signed by an authorized officer of Peaksware.
Entire Agreement. The Terms of Use, including our Privacy Policy and any Additional Terms, constitute the entire agreement between you and Peaksware and govern your use of the Site, superseding any prior agreements between you and Peaksware with regard to your use of the Site.
Limitation on Actions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Questions About These Terms of Use
If you have any questions regarding these Terms of Use, please contact us by email at support@peaksware.com, by mail at Peaksware, LLC, 2770 Dagny Way, Suite 212, Lafayette, CO 80026, or by phone at 720-406-1839.
