TERMS AND CONDITIONS
These terms and conditions govern your use of this website. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you may not utilize this website.
License to Use Website
Unless otherwise stated, Peak Debt Consumption, LLC or its licensors own the intellectual property rights (including all slogans, trademarks and logos) in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website (except for content specifically and expressly made available for redistribution).
Where content is specifically made available for redistribution, it may only be redistributed at Peak Debt Consumption, LLC’s discretion..
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity..
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any pornography, spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software..
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Peak Debt Consumption’s express written consent..
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Peak Debt Consumption’s express written consent.
Access to certain areas of this website is restricted. Peak Debt Consumption reserves the right to restrict access to areas of this website, or the entire website, at Peak Debt Consumption’s discretion.
If Peak Debt Consumption provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential, and that you are utilizing your login privileges for the sole purposes laid out in your Engagement Agreement.
Peak Debt Consumption may disable your user ID and password in Peak Debt Consumption’s discretion if it is determined that you are misusing the privilege or the accessed information in any fashion.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, or personal information) that you submit to this website, for whatever purpose.
You grant to Peak Debt Consumption the right to lawfully use or adapt your user content in any existing or future media. You also grant to Peak Debt Consumption the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Peak Debt Consumption or a third party (in each case under any applicable law).
You must not submit any user content to the website that is incorrect, or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Peak Debt Consumption reserves the right to edit or remove any material submitted to this website, or stored on its servers, or hosted or published upon this website.
Notwithstanding Peak Debt Consumption’s rights under these terms and conditions in relation to user content, Peak Debt Consumption does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Peak Debt Consumption agrees to and shall treat and utilize any non-public information (NPI) in accordance with applicable law, and shall adhere to all privacy requirements to which it is subject regarding any NPI.
This website is provided “as is” without any representations or warranties, express or implied. Peak Debt Consumption makes no representations or warranties in relation to this website or the information and materials provided on this website.
Even though Peak Debt Consumption takes every precaution to ensure accuracy and up-to-date information, but without prejudice to the generality of the foregoing paragraph, Peak Debt Consumption does not warrant that:
- this website will be constantly available; or
- the information on this website is complete, true, or accurate.
Nothing on this website constitutes, or is meant to constitute, legal advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.
Limitations of Liability
Peak Debt Consumption will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any direct loss;
- for any indirect, special or consequential loss; or
- for any personal or business losses, loss of revenue, income, profits or anticipated savings, credit, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Peak Debt Consumption’s liability in respect of any:
- fraud or fraudulent misrepresentation on the part of Peak Debt Consumption; or
- matter which it would be illegal or unlawful for Peak Debt Consumption to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable or agreeable, you must not utilize this website.
You accept that, as a limited liability entity, Peak Debt Consumption has an interest in limiting the personal liability of its owners, officers, independent contractors and employees. You agree that you will not bring any claim personally against Peak Debt Consumption’s owners, officers, affiliates, independent contractors, or employees in respect of any losses you suffer in connection with your use of the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Peak Debt Consumption’s owners, officers, independent Contractors, affiliates, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Peak Debt Consumption.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Peak Debt Consumption and undertake to keep Peak Debt Consumption indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Peak Debt Consumption to a third party in settlement of a claim or dispute on the advice of Peak Debt Consumption’s legal advisers) incurred or suffered by Peak Debt Consumption arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these Terms and Conditions
Without prejudice to Peak Debt Consumption’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Peak Debt Consumption may take such action as Peak Debt Consumption deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Peak Debt Consumption may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Peak Debt Consumption may transfer or sub-contract its rights or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions will continue in effect. If any unlawful 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.
These terms and conditions, together with any existing client Engagement Agreement that you entered into with Peak Debt Consumption, constitute the entire agreement between you and Peak Debt Consumption in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the state of Utah, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Utah.
Registrations and Authorizations
Peak Debt Consumption has registered the trademark “Debt Consumption,” with a serial number with the USPTO of 87649959, and will register other trademarks as it deems necessary. It likewise owns all other property that it considers intellectual, that may be found on or within this website.
Client Engagement Agreement
If you have already entered into a Client Engagement Agreement with Peak Debt Consumption or any of its affiliates, the terms of that agreement shall supersede any terms of this website if and only if there are any contradictory terms between these Terms and Conditions and the Client Engagement Agreement. Inasmuch as there are no contradictory terms, these Terms and Conditions and your Client Engagement Agreement both are governing documents.