Terms & Conditions of Use Agreement

Last Modified:  September 21, 2021

Virtual Peaker owns and operates a website www.virtual-peaker.com, and related websites (the “Website”), Virtual Peaker Applications (“Apps”) for the web, iOS, and/or Android, and a Facebook page and/or groups along with pages or accounts on other social media platforms (“Social Media”), (collectively, the “Services”). These Terms and Conditions of Use provided below govern your use of these Services and its features as well as any other Virtual Peaker branded or co-branded websites and applications (including sub-domains, international versions, widgets, mobile versions, and mobile apps) (the “Website”) operated by Virtual Peaker (“Company”).  By accessing and utilizing the Website, you agree, without limitation or qualification, to be legally bound by these terms and conditions. If you fail to comply with these terms and conditions, your permission to use the Website automatically terminates and we may terminate your use of the Website, block or otherwise bar you from future usage of the Website, and take any other action we deem necessary and appropriate, whether in law or in equity.

Company reserves the right to modify these terms and conditions from time to time, in our sole discretion, and any such changes are effective immediately upon posting to our Website.

  1. Use of the Website. You agree not to use the Website for any action or communication that is unlawful, prohibited by these Terms and Conditions, false, misleading, intimidating, threatening, harassing, defamatory, obscene, indecent, infringing, unsolicited and commercial, soliciting the performance of any illegal activity, or infringing upon the rights of Company or any third party.

    You agree not to interfere, or attempt to interfere, with the operations of the Website or to use any device or software that will interfere, or attempt to interfere, with the operations of the Website.  You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website. You agree not to distribute in any medium any part of the Website or use any part of the Website for commercial use except as authorized by these Terms and Conditions.  You agree not to alter or modify, or attempt to alter or modify, any part of the Website except as authorized by these Terms and Conditions. Company may, in its sole discretion, monitor or review discussions, chats, postings, transmissions, bulletin boards, and other elements of the Website, but Company is under no obligation to do so and we do not assume any responsibility or liability arising from same.

    You agree not to probe or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.  You agree not to take actions to seek or discover the information of other users of the Website or of Company’s customers except as authorized by these Terms and Conditions. You agree not to attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website.  You agree not to interfere or attempt to interfere with the use of the Website by other users.

  2. User Submissions to the Website. Any communication which you post or submit to the Website is considered to be non-confidential and public.  You retain all intellectual property ownership of your submissions. By posting communications to the Website, you automatically grant Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

    You hereby represent and warrant that you are the sole author of any content (including advertisements) you post or submit to the Website, and that such content does not infringe upon the copyright or other intellectual property rights of any person or entity. Company reserves the right to modify, edit, or delete any content on the Website, including user profiles and other content submitted by users.

  3. User Accounts and Security.  As a user of the Website, you may receive or establish an account (“Account”).  You should not reveal your Account information to anyone or use anyone else’s Account.  You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Company of any unauthorized use of your Account or any other breach of security.  Company shall not be responsible for any claims, obligations, liabilities, costs, debt, expenses, losses, damages, charges, fees, or fines, including legal fees, accounting fees, business interruption damages, lost profits, and punitive, incidental, special, or consequential damages arising out of the authorized or unauthorized use of your Account, whether arising as a contract, negligence, tort, or other action.

    In order to maintain the integrity of the account information on Company, you agree that:  (i) you will not provide any false company or personal information on Company; (ii) you will not create an account for anyone other than your company, or yourself, without permission; (iii) if we suspend or close your account, you will not create another one without permission; (iv) you will keep your contact information accurate and up-to-date; and (v) you will not transfer your account (including any page you administer) to anyone without first getting our written permission.

  4. Electronic Signatures and Contracts.   Your use of the Website includes the ability to enter into agreements and/or to make transactions electronically.  YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

  5. Limitations on Liability. The material on the Website may contain inaccuracies or typographical or other errors.  Company makes no representations about the accuracy, reliability, completeness, or timeliness of the material on the Website.  Use of the Website and any information contained therein is at your own risk. The content of the Website may or may not be periodically updated or revised at any time.  These Terms and Conditions shall apply with equal force to any and all such updates or revisions.

    COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED.  IF YOUR USE OF THE WEBSITE AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

    The Website and its content are delivered on an “as-is” basis.  Company reserves the right to change or discontinue any or all content or features of the Website or services offered through the Website without notice.

    Company is not a party to any third parties sales or donations made through the Website.  In the event of a dispute between users, you hereby release Company, our directors, officers, employees, and agents, from and against any and all claims, demands and damages (actual and consequential, and including attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.  If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

    COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND ALL PRODUCTS OR SERVICES SOLD THROUGH THE WEBSITE.  BY USING THE WEBSITE OR PURCHASING ANY GOODS OR SERVICES LISTED BY A THIRD PARTY ON THE WEBSITE, YOU AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY FAILURE, MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE WEBSITE OR OF ANY CONTENT, FEATURE, PRODUCT, OR SERVICE OFFERED THROUGH THE WEBSITE.

  6. Disclaimer of Damages. IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.  YOU AGREE THAT THERE IS NO SUCH LIABILITY EVEN IN THE EVENT THAT COMPANY IS NOTIFIED BEFOREHAND OF THE POSSIBILITY OF DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS AFFILIATES ARISING OUT OF ANY LEGAL CLAIM CONNECTED TO THE WEBSITE IS LIMITED TO THE AMOUNT YOU PAID COMPANY TO USE THE WEBSITE OR ITS SERVICES.

    Some States do not allow such limitations of damages for certain legal categories, so the above limitation or exclusion may not apply to you or may be limited as per the laws and regulations of your State.

  7. Copyrights and Trademarks.   Our website is owned and operated by Company.  Unless otherwise specified, our website contains materials and information, in various formats, including, but not limited to, images, illustrations, photographs, graphs, messages, videos, audio, software, data, and text that are the sole property of Company, in which ALL RIGHTS RESERVED.  The copyright and other proprietary rights and interests in all of this information are owned by Company, our affiliates, or someone who has granted Company a license to use the information or materials. You may view, download, print, and retain a copy of pages of the Website only for your personal use.  You may use Company’s “Link to Us” logos and buttons to post links to the Website, provided you do not only place the logo or button on any website that you do not have permission to do so. Except as expressly authorized in these terms and conditions, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribution any information from our website in whole or in part without our prior written consent.  Requests for any such consent should be directed to privacy@virtual-peaker.com.

    The trademarks, service marks, and logos displayed on our website are registered and common-law trademarks of Company, and others. No license or right to use any trademark contained on our website is granted to you and any use of any such mark contained on this website is expressly prohibited unless you obtain the prior written authorization to use such mark from Company or such other third party holder of the mark.  If you have a specific question related to the marks on our website or a request for the use of such marks, please direct your inquires to privacy@virtual-peaker.com.

  8. Privacy.   Except as otherwise expressly provided for in these Terms, your use of the Website and provision of any information is subject to Virtual Peaker’s Privacy Policy, which is expressly incorporated into these Terms and Conditions.

  9. Third Party Websites.    The Website may contain links to other websites, which may or may not be controlled, operated, affiliated or hosted by Company.  Certain links are provided on the Website in order to provide visitors to our site with other points of interest or connections to our partners via the internet; the inclusion of any such link(s) on the Website does not mean nor should it be construed to mean such website is affiliated with Company, unless such affiliation is specifically stated.  We make no representations or warranties, nor do we assume any responsibility with regard to any other website that you may access through the Website.

  10. Termination.   If you fail, or if Company suspects that you have failed, to comply with any of the provisions of these Terms and Conditions, Company, at its sole discretion, without notice to you may: (i) terminate your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude your or any user’s access to the Website (or any part thereof).

    Company reserves the right to modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and Company will not be liable to you or to any third party should it exercise such rights.

  11. Governing Law.   These Terms and Conditions and any disputes arising out of or related to the use of the Website or these Terms and Conditions will be construed and governed in accordance with the laws of the State of Kentucky, without regard to its conflict of laws principles.  All actions brought to interpret or enforce any provision of these Terms and Conditions shall be brought in the federal or state courts located in or applicable to Kentucky, and each party agrees to waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens.

  12. Dispute Resolution.  Any controversy arising out of or relating to the use of this Website or these Terms and Conditions may at the election of either party be settled exclusively and finally by arbitration.  The arbitration shall be conducted in accordance with the commercial arbitration rules created by the American Arbitration Association. All submissions to arbitration shall be made within forty-five (45) days of the date upon which the controversy to be arbitrated arose.  The arbitration shall be conducted before a sole arbitrator, and under no circumstance shall punitive damages be awarded in the arbitration. Any award rendered in such arbitration proceedings shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.  YOU AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.  YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

  13. Entire Agreement and Severability. These Terms and Conditions and the incorporated Privacy Policy represent the entire agreement between Company and you with respect to use of the Services, including the Website and App.  No agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is intended or created by these Terms and Conditions. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  14. Contact/Address for Legal Notice. All questions, comments and legal notices should be submitted to:

Mail:

825 E. Market Street, Suite 203

Louisville, KY 40206, USA

Email:

privacy@virtual-peaker.com

15. Consent. These Terms constitute a binding agreement between you and Virtual Peaker and is accepted by you upon your use of the Virtual Peaker Services, including the Website or App.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE VIRTUAL PEAKER SERVICES.

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