TERMS OF USE
Effective January 1, 2021
PLEASE READ THIS POLICY CAREFULLY BEFORE USING THIS WEBSITE
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Introduction
Please read the following Terms of Use and Privacy Policy. The website ppwebpros.com is operated by Peak Performance Web Pros, LLC, a California corporation (PP Web Pros), and use of this website is contingent upon your agreement with these terms and conditions.
Acceptance of Terms Through Use
By using the website ppwebpros.com, you agree to be bound by all terms, conditions and notices contained or referenced within these Terms of Use. We may at times change the Terms of Use by posting revisions, and your continued use of the ppwebpros.com indicates your agreement to all revisions herein. If you do not agree to the terms of this or any revised policy, please discontinue use of the website.
Permitted Use
Your use of our website and services is subject to various restrictions designed to protect the online services and our users. We may change or discontinue our online service in whole or in part. You agree that you are only authorized to visit, view and to retain a copy of pages of the website for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the website for any purpose other than for personal use unless otherwise specifically authorized by PP Web Pros. The content and software on this website is the property of PP Web Pros and its technology partners, and is protected by U.S. and international copyright laws.
Limited License
You are granted a limited, nonexclusive, revocable and nontransferable license to utilize and access ppwebpros.com pursuant to the requirements and restrictions of these Terms of Use. PP Web Pros may discontinue, change or suspend any aspect of the website at any time. PP Web Pros may also, without notice or liability, restrict your access to any portions of the website. No rights to the proprietary software and related documentation, if any, provided to you in order to access the website is given or implied. Except as provided in these Terms of Use, you shall have no right to directly or indirectly, lease, rent, license, use, loan, sell, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the website, or any of its contents.
Violation of the Terms of Use
You understand and agree that in PP Web Pros sole discretion, and without prior notice, your access to the website may be terminated. PP Web Pros may also exercise any other remedy available and remove any unauthorized user information, if PP Web Pros believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of PP Web Pros, or any third party, or is in violation of any laws. PP Web Pros may release user information about you if required by law.
Copyright Policy
You may not upload, post, transmit or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights. We reserve the right to terminate the privileges of any user who uses ppwebpros.com to transmit copyrighted content and material without either a license, express consent from the copyright owner, or a valid defense or fair use exemption to do so. If you submit information or content to ppwebpros.com, you warrant that the information or content does not infringe the copyrights or other rights of third parties.
Representations By You
By visiting the website, you represent, warrant and covenant that you are an individual of at least 18 years old; and that and and all materials submitted by you through the website or for inclusion on the website will not plagiarize, violate or infringe upon the rights of any third parties. These include by are not limited to copyrights, trademarks, trade secrets, trade dress, privacy, patent or other personal or proprietary rights.
No Commercial Use
The website may not be used by you for any commercial purposes and prior written permission from PP Web Pros must be obtained prior to making and commercial offers, advertisements, solicitations or any form of digital communication.
Intellectual Property
PP Web Pros respects the intellectual property of others, and we ask our users to do the same. This website and materials incorporated are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by PP Web Pros on this website are also protected as registered or unregistered trademarks, trade names and/or service marks owned by others.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (THE “WEBSITE CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED 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 OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE CONTENT OF THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECOMMENDATIONS ON THE WEBSITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR FROM INFORMATION PROVIDED ON THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to defend, indemnify and hold harmless PP Web Pros, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto PP Web Pros website or servers, and/or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the online services; and (d) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content or the online services.
Notice for California Users
Notice for California Users Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
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International Use
By choosing to access ppwebpros.com from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. The Company makes no representation that materials on the website are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited.
Choice of Law
This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of California, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the website shall be filed only in the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Integration and Severability
This Terms of Use constitutes the entire agreement between the Company and you with respect to the website and supersedes all prior or contemporaneous communications and proposals between us with respect to the website If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
Headings
Section titles in the Term of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.
If you have any questions about these TOU, please contact us at hello@ppwebpros.com