INTRODUCTION
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE MY PEAK CHALLENGE (MPC) PROGRAM. BY ACCESSING OR USING THIS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS PROGRAM.
USE OF MPC Program
You agree not to use the MPC Program for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws in your jurisdiction. You agree not to upload or transmit viruses, worms, malware, or any other code that will damage or impair the MPC Program. You accept sole responsibility for all your activities using the MPC Program, including any content you watch, read, transmit, submit, post or share. In addition to all the above prohibitions, you agree that you will not use the MPC Program to: (a) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "private groups", "merchandise", "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or (b) spam or engage in unethical marketing, advertising, any other practice connected in any way to spam, including sending content or emails which do not comply with the CAN-SPAM Act of 2003. My Peak Challenge reserves the right to investigate any of your activity involving the use of the MPC Program. The MPC Program is not designed for use by children. By using the MPC Program, or purchasing any of the services offered here, you agree and warrant that you are 18 years old or older.
INTELLECTUAL PROPERTY
The MPC Program is the property of My Peak Challenge. Unless otherwise stated, all content is protected by the copyright laws of the United States in addition to foreign copyright laws and international conventions and treaties. All rights are reserved until otherwise stated.
AMBASSADORS
My Peak Challenge is not responsible for its Ambassadors’ activities, websites or content. My Peak Challenge has no control over and assumes no responsibility for any content, product offered or sold by Ambassadors, any third-party content, or the policies of Ambassadors or any third party. My Peak Challenge does not endorse, recommend or favor any activities or products offered for sale, sold or provided by Ambassadors.
YOUR ACCOUNT AND PROFILE
In order to use the program, you must set up an account. My Peak Challenge will only use your information to supply the MPC Program in accordance with its Privacy Policy. You acknowledge and agree that any information supplied to My Peak Challenge, including without limitation payment information may be used by My Peak Challenge. You are solely responsible for the security of your account and must protect your password. You are fully responsible for all activities that occur under your account and you agree not to permit anyone else to use your account.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
MY PEAK CHALLENGE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF ITS CONTENT OR THE CONTENT OF ANY SITES LINKED TO ITS PROGRAM. IN NO EVENT SHALL MY PEAK CHALLENGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS PARENT CORPORATION BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY OF ITS CONTENT. (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MPC PROGRAM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MPC PROGRAM OR ITS WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MPC PROGRAM OR ITS WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MPC PROGRAM OR ITS WEBSITES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT MY PEAK CHALLENGE SHALL NOT BE LIABLE FOR ITS CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. MY PEAK CHALLENGE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MPC PROGRAM OR ITS WEBSITES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MY PEAK CHALLENGE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. MY PEAK CHALLENGE MAKES NO REPRESENTATIONS THAT THE MPC PROGRAM IS APPROPRIATE OR AVAILABLE FOR USE FOR EVERY INDIVIDUAL. THOSE WHO ACCESS OR USE THE MPC PROGRAM FROM JURISDICTIONS PROHIBITING SUCH USE DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. MY PEAK CHALLENGE AND ITS PROGRAM, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ITS PARENT CORPORATION ARE NOT LICENSED HEALTH CARE PROVIDERS AND ARE NOT IN THE BUSINESS OF PRACTICING MEDICINE OR PROVIDING ANY OTHER PROFESSIONAL HEALTH CARE OR MEDICAL ADVICE. YOU SHOULD SEEK THE ADVICE OF QUALIFIED, LICENSED PROFESSIONALS FOR ANY MEDICAL CARE NEEDS YOU HAVE.
INDEMNITY
You agree to defend, indemnify and hold harmless My Peak Challenge, its parent corporation, officers, directors, employees and agents from and against any and all claims, injuries, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MPC Program and its content; (ii) your violation of any term of these Conditions of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; This defense and indemnification obligation will survive these Conditions of Use and your use of the MPC Program.
FORCE MAJEURE
My Peak Challenge shall not be liable, under any circumstances, for any delay, disruption or failure of the MPC Program or its websites directly or indirectly resulting from events beyond the control of My Peak Challenge.
CHANGES TO TERMS AND CONDITIONS
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
