Company name: PeakMinder

    e-mail: support@peakminder.com

Through the Website, we offer Users the possibility of accessing information about our services.

When they are required to provide personal data in order to access certain content or services, Users shall guarantee its truthfulness, accuracy, authenticity and validity. The Company will give this data the corresponding automated processing in accordance with its nature or purpose, in the terms indicated in the Privacy Policy section.

The User acknowledges and accepts that all the contents shown on the Website and, in particular, the designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other marks that could be used for industrial and/or commercial purposes are subject to intellectual property rights. Also, all brands, trade names and distinctive marks, as well as all industrial and intellectual property rights on the contents and/or on any other elements inserted in the Website pages are the exclusive property of the Company and/or third parties, who have the exclusive right to use them in economic traffic. Therefore, the User agrees not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, keeping the Company free from any liability arising from the breach of such obligations. Under no circumstances does accessing the Website imply any kind of waiver, transmission, license, or total or partial assignment of such rights, unless expressly established to the contrary. These General Conditions of Use of the Website do not give the User any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its contents, other than those expressly provided for herein. Any other use or exploitation of any rights must be subject to prior and express authorization, as specifically granted for this purpose by the Company or the third party owner of the affected rights.

All the contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation on the Website, as well as the Website itself as a whole, as a multimedia artistic work, are copyright protected by the current legislation on intellectual property. The Company is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other contents of the Website or, in the event that it is not the owner, it has obtained the corresponding authorization for the use of these elements. The content provided on the Website may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, unless prior written authorization has been obtained from the Company.

It is also forbidden to remove, evade and/or manipulate the copyright, any technical protection devices, and any information mechanisms that may contain the contents. The User of this Website undertakes to respect the rights set out herein and to avoid any action that could damage them, and the Company reserves the right to exercise any means or take any legal action that may correspond to it in defense of its legitimate intellectual and industrial property rights.

The User agrees:

• To use the Website, as well as its the contents and services, appropriately and legally in accordance with: (i) the applicable legislation at any time; (ii) the Website's General Conditions of Use; (iii) generally accepted morals and good customs and (iv) the public order.
• To provide all the means and technical requirements needed to access the Website.
• To provide truthful information when entering their personal data in the forms contained on the Website and to keep said data updated so that it corresponds, at all times, to the User’s actual situation. The User shall be held solely responsible for any false or inaccurate statements they make and for any damages caused to the Company or third parties by the information they provide.

Notwithstanding the provisions of the previous section, the User must also refrain from:

• Making unauthorized or fraudulent use of the Website and/or its contents for purposes that are illicit, prohibited by these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload, deteriorate or prevent the normal use of the services or the documents, files and all types of content stored on any computer.
• Accessing or trying to access resources or restricted areas of the Website, without fulfilling the conditions required for such access.
• Causing damage to the physical or logical systems of the Website, its suppliers and/or third parties.
• Uploading or spreading computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the Company, its suppliers and/or third parties.
• Attempting to access, use and/or manipulate the data of the Company, third party suppliers and/or other Users.
• Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless they have authorization from the owner of the corresponding rights or unless it is legally permitted.
• Deleting, hiding or manipulating the notes on intellectual or industrial property rights or any other data that identifies the rights of the Company or third parties incorporated into the contents, including the technical protection devices or any information mechanisms that may be inserted into the contents.
• Obtaining or attempting to obtain the contents by using means or procedures other than those which, as applicable, have been made available for this purpose or which have been expressly indicated on the web pages where the contents are located or, in general, those which are normally used on the internet, seeing as they do not entail a risk of damaging or disabling the Website and/or its contents.

In particular, and as an indicative but not exhaustive list, the User agrees not to transmit, disseminate or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that: - Is in any way contrary to, disregarding of, or infringes on the fundamental rights and public freedoms recognized in International Treaties and in the rest of the legislation in force; - Induces, incites or promotes criminal, denigrating, defamatory or violent actions or, in general, actions that are contrary to the law, morality, generally accepted good customs, or the public order; - Induces, incites or promotes actions, attitudes or thoughts that are discriminatory for reasons of sex, race, religion, beliefs, age or condition; - Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or the public order; - Induces or may induce an unacceptable state of anxiety or fear; - Induces or incites participation in practices that are dangerous, or risky or harmful to a person's health and psychological balance; - Is protected by legislation on intellectual or industrial protection belonging to the Company or third parties, without first obtaining authorization for the intended the use; - Goes against personal or family honor or privacy, or is harmful to a person's image; - Constitutes any type of advertising; - Includes any type of virus or program that prevents the normal functioning of the Website.

The Company cannot guarantee continuous access to the Website, its correct display, or that downloads and use of the elements and information contained in the Website function correctly, when these aspects are prevented, hindered or interrupted by factors or circumstances beyond its control. The Company is not responsible for any decisions that Users may make as a consequence of their access to the contents or information on offer.

The service may be interrupted, or the relationship with the User may be immediately terminated, if it is detected that a use of the Website, or of any of the services offered therein, is contrary to these General Conditions of Use. The Company shall not be held liable for any damages, losses, claims or expenses arising from the use of the Website.

The User shall be the only party responsible for eliminating, as soon as possible, any content they provide that may generate such damages, provided that they are notified. In particular, the Company shall not be held liable for any damages that may arise, inter alia, from:

1. Interference, interruptions, failures, omissions, telephone faults, delays, blockages or disconnections in the operation of the electronic system caused by deficiencies, overloads or errors in telecommunications lines and networks, or by any other cause beyond the Company's control.
2. Illegal interference due to the use of malicious programs of any kind and by any means of communication, such as computer viruses, etc.
3. Undue or inappropriate use, or abuse of the Website.
4. Security or navigation errors produced by a malfunctioning browser or by the use of out-of-date versions of the same. The Website administrator reserves the right to remove, in whole or in part, any content or information on the Website.

The Company excludes itself from any liability for damages of any kind that may be due to the improper use of the services that are made freely available for use by the Website Users. Likewise, it is exonerated from any responsibility for any content and information that it may receive as a result of the data collection forms, these being only for the provision of services regarding consultations and queries. On the other hand, if a User causes damage or harm due to their illicit or incorrect use of said services, that User may be held responsible for said damages or harm.

The User shall hold the company harmless against any damages arising from claims, actions or lawsuits from third parties that are the result of the User's access or use of the Website. Likewise, the User undertakes to compensate the Company for any damages arising from that User's use of "robots", "spiders", "crawlers" or similar tools used to collect or extract data, or from any other action on their part that imposes an unreasonable burden on the operation of the Website.

The User undertakes to not reproduce the Website or any of its contents in any way, not even by means of a hyperlink, unless expressly authorized in writing by the person responsible.

The Website may include links to other websites, managed by third parties, in order to facilitate the User’s access to information from collaborating and/or sponsoring companies. Accordingly, the Company is not responsible for the content of said websites, nor is it in a position to guarantee and/or offer the services and/or information that may be offered to third parties through the links.

The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Website exclusively for private and non-commercial use. Websites that include a link to the Website: (i) may not falsify a relationship with the Company or claim that the link has been authorized, nor may they include brands, denominations, commercial names, logos or other distinctive signs of the Company; (ii) may not include content that may be considered in bad taste, obscene, offensive, controversial, inciting of violence, contrary to public order, illegal, or discriminatory for reasons of sex, race or religion; (iii) must not link to any page of the Website other than the Home Page; (iv) must link to the Website itself, without allowing the link to reproduce the Website as part of its own website or within one of its frames, or to create a browser on any of the pages of the Website. The Company may request, at any time, that any links to the Website be removed, after which the User must remove the corresponding links immediately.

The Company cannot control the information, contents, products or services provided by other websites that have established links to the Website.

To use some of the Services, the User must first provide certain personal data. The Company will automatically process this data and apply the corresponding security measures, all in compliance with the GDPR. The User can access the policy followed for the processing of personal data, as well as for the establishment of the previously established purposes, under the conditions defined in the Privacy Policy.

The Company reserves the right to use "cookie" technology on the Website, in order to recognize Users as a frequent users and to personalize their use of the Website by pre-selecting their language, or preferred or specific content.

These cookies collect the User’s IP address and Google is the party responsible for processing this information.

Cookies are files sent to a browser, by means of a web server, to register the User's navigation of the Website, as long as the User accepts their usage. If they wish, Users can configure their browser to provide an on-screen notification of the reception of cookies and to prevent the installation of cookies on their hard drive. Please consult the browser’s instructions and manuals for further information.

Thanks to cookies, it is possible to recognize the browser of the computer used by a User and to therefore provide more personalized content, and to offer navigation or advertising preferences to them and other user demographic profiles. They are also used to measure visit and traffic parameters and to control the progress and number of entries.

In general, the contents and services offered on the Website are for informational purposes only. Therefore, in offering them, the Company makes no guarantee or statement regarding said Website content and services, including but not limited to: guarantees of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such declarations and guarantees cannot be excluded by law.

The Company will not be held responsible in any cases when it is impossible to provide the service, if this is due to prolonged interruptions in the electricity supply or telecommunications lines, social conflicts, strikes, rebellions, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

We respect the rights of all copyright holders, and we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:

1. Identification of the copyright 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;. IMPORTANT: Please include your copyright registration number. If your work is not yet registered, please include a copy of the application to register the work that you filed with the Copyright Office. A copyright infringement claim based on a U.S. work can only be filed if the work has been registered (http://www.copyright.gov/eco/).
2. 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 us to locate the material;
3. Information reasonably sufficient to permit us to contact the complaining party;
4. A statement that the complaining party has 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;
5. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our copyright agent for notice of claims of infringement on the Site is:

Copyright Agent

PeakMinder

Email: support@peakminder.com

This contact information is only for suspected copyright infringement. We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the access privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

PeakMinder will host and provide the Site using a commercially reasonable level of skill and care. That said, THE SITE AND ANY INFORMATION, PRODUCTS, OR SERVICES THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PEAKMINDER AND ITS PARTICIPATING INSTRUCTORS AND THEIR STAFF (THE “PEAKMINDER PARTIES”) DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SITE, INFORMATION OBTAINED FROM A SITE, OR LINK TO A SITE. THE PEAKMINDER PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE PEAKMINDER PARTIES DO NOT WARRANT THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE, OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED. NONE OF THE PEAKMINDER PARTIES MAKES ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITE, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE SITE MAY BE IMPAIRED. THE PEAKMINDER PARTIES DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE SITE OR ANY INFORMATION OR SERVICES RELATED TO IT.

YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SITE OR ANY INFORMATION OR SERVICES PROVIDED THEREON IS AT YOUR OWN RISK.

EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT THE PEAKMINDER PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS LEGAL NOTICE OR YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE SITE, DATA LOSS, YOUR PLACEMENT OF CONTENT ON A SITE, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE SITE.

EXCEPT AS PROHIBITED BY LAW, THE PEAKMINDER PARTIES WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THIS LEGAL NOTICE, YOUR USE OR INABILITY TO USE THE SITE, DATA LOSS, ANY PURCHASES ON THIS SITE, YOUR PLACEMENT OF CONTENT ON A SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW. PEAKMINDER’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE USER’S USE OF THE SITE WILL NOT EXCEED TWENTY U.S. DOLLARS ($20).

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS LEGAL NOTICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE PEAKMINDER PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR PEAKMINDER’S ABILITY TO MAKE THE SITE AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

You agree to indemnify, defend, and hold harmless PeakMinder and its affiliates, officers, agents, employees, and assignees, including its instructors, from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Site in violation of the Legal Notice; (b) your violation of any law or rights of any third party, or (c) information that you post or otherwise make available on the Site, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

You agree that PeakMinder, in its sole discretion, may terminate your use of the Site or your participation in it thereof, for any reason or no reason, and that none of the PeakMInder Parties shall have any liability to you for any such action.