Terms and Conditions
Peak Performance With Patience, (https://www.peakperformancewithpatience.com/), which is operated by Peak Performance With Patience provides visitors information on the website subject to the following terms and conditions. The term “you” refers to any visitor, viewer or user of the website and/or any user of any free or paid program, product, course or service of the Company (each, a “Product”).
We reserve the right to amend this Agreement at any time without notice to you. We will alert you to any changes by posting the effective date of the latest version at the top of this page, at which point any changes will become immediately effective. It is your responsibility to check for updates, as your continued use of the website or any Products after this Agreement is amended will constitute your acceptance and agreement to continue to be bound by this Agreement, as amended.
Australia AND OVER 18 USE ONLY
GUIDELINES FOR USE
- You will comply with all applicable law;
- You will not upload, post, send, email, or otherwise make available any information or content which in any way infringes any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights, or any information or content which you do not have the right to make available, through any law, contractual or fiduciary relationship or otherwise;
- You will not act in any way that is fraudulent, false, misleading, deceitful or deceptive, such as by impersonating another individual or falsifying your association with an individual or entity;
- You will not upload, post, send, email, or otherwise make available any material or behave in any manner which could be perceived as harassing, demeaning, threatening, “stalking”, defamatory, sexually explicit, abusive, vulgar, hate speech, obscene, indecent or otherwise objectionable;
- You will not upload, post, send, email, or otherwise make available any material which would reveal the personal information of another individual;
- You will not behave in any manner which could limit or otherwise impact any other person’s use or enjoyment of the website and/or any Product;
- You will not engage in any unsolicited or unauthorized advertising nor will you send any spam;
- You will not attempt to gain unauthorized access to any portion of the website or any of the Products;
- You will not engage in or encourage others to engage in any activity which would violate any law, constitute a criminal offense, give rise to civil liability, or infringe on the rights of any third party;
- You will not send any materials which contain viruses, devices, information collection or transmission mechanisms, trojan horses, worms, time-bombs, adware, keystroke loggers or any other programs or code which would be harmful to, interfere with or attempt to interfere with our systems;
- You will not engage in market research or any research intended to help a competitor;
- You will not deploy any automated query program, such as a bot or spider, at any time or for any purpose without our express written consent;
- You will not block or cover any advertisements on the website;
- You will notify us through the contact information provided below if you know or have reason to know that a violation of any of our Guidelines has occurred.
While you may view and have access to our Intellectual Property for your own personal and non-commercial use, you agree to abide by the following:
- Our Intellectual Property must be kept intact with the proper copyright and other intellectual property notices; and
- You may not reproduce, resell, distribute, publicly perform, create derivative works, translate, transmit, post, republish, exploit, copy or otherwise use our Intellectual Property for any commercial or non-personal use, unless you have received explicit written consent from us to do so.
LIMITATION OF LIABILITY
This limitation of liability applies whether such liability arises from tort, negligence, breach of contract or any other legal theory of liability.
- your use or misuse of this website or any of our Products,
- your breach of this Agreement, or
- your violation of any third party rights, including without limitation any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights. We will provide you with notice of any Claims, and may in our sole discretion assist you, at your expense, in defending such Claims. We reserve the right to assume exclusive control of defending any such Claim, at your expense, including choice of legal counsel. You agree to cooperate and assist us in defending any such Claim.
Your License is for individual use. You have no right to assign any of your rights or transfer any of your obligations under this Agreement. If we discover that any violation of the terms and conditions in this Agreement has occurred, including violation of the License granted to you, we reserve the right to terminate your access to the Products and invoice you for any damages.
INJUNCTIVE OR OTHER EQUITABLE RELIEF
We may seek injunctive or other equitable relief that is necessary to protect our rights and intellectual property. All actions or proceedings related to this Agreement that are not subject to binding arbitration will be brought solely Australia. You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of those courts for purposes of any such action.
CLASS ACTION WAIVER
TERMINATION OF AGREEMENT
Subheadings in this Agreement are used for convenience of reference only and in no way define, describe, limit or extend the scope of this Agreement or the intent of any of its provisions. They shall not be considered in construing or interpreting this Agreement.
The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the successors, heirs, executors, administrators, legal representatives and assigns of the Company. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the Company or our successors, heirs, executors, administrators, legal representatives and assigns, any rights, remedies, obligations or liabilities under this Agreement. You may not assign any of your rights or transfer any obligations under this Agreement to any other person.
If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and disbursements in addition to any other relief to which such party may be entitled.