1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT
1.1 The Peak Strategy Directory Service ("Peak Strategy’s Consultant Directory" or the "Service"), owned and operated by Peak Strategy, LLC. ("Peak Strategy") is provided to you ("you" or "Applicant") under the terms and conditions of this Peak Strategy Directory Service Agreement (the "Agreement").
1.2 APPLICANTS: BY COMPLETING THE CONSULTANT DIRECTORY SUBMISSION FORM AND CLICKING THE "I ACCEPT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE AND ACCURATE INFORMATION AS PROMPTED BY THE SUBMISSION FORM, AND THAT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1.3 Peak Strategy reserves the right, in its sole discretion, to change, modify, add or remove all or part of the Agreement at any time with or without notice. Please refer back to this Agreement often.
| 2.0 DESCRIPTION OF PEAK STRATEGY DIRECTORY SERVICE |
2.1 Inclusion in the Directory is not guaranteed. The Peak Strategy directory team will review all Peak Strategy practices for compliance with minimum practice criteria (see section 3.0 below). All entries that meet the team’s criteria may automatically be included in the directory. Peak Strategy reserves the right to check authenticity of all email requests before acting on the requests. Peak Strategy reserves the right to remove your practice from the Directory for any reason, in our sole discretion, including but not limited to failure to meet the minimum criteria in section 3.0 below.
2.2 NOTHING IN THIS AGREEMENT OBLIGATES PEAK STRATEGY TO LIST, LINK TO, ACCEPT OR OTHERWISE POST YOUR PRACTICE ANYWHERE ON PEAK STRATEGY OR IN THE DIRECTORY. IN ADDITION, IF YOUR PRACTICE IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES PEAK STRATEGY TO PLACE YOUR PRACTICE WITHIN A SPECIFIC CATEGORY OR SUBCATEGORY OF THE DIRECTORY, OR TO PROVIDE ANY COMMENTS OR ANNOTATIONS WITH THE LISTING OF YOUR SITE.
2.3 Please note that Peak Strategy Directory is only open to Practices that DO NOT ALREADY EXIST in the Directory. Please do not submit your practice to Peak Strategy’s Directory if your practice already appears in the Directory. Nor should you submit change requests to the Peak Strategy Directory program. If you need to make a change to your listing in the Directory (this includes changing the URL, title, and/or description of the existing site), or there is an error in your listing please, sign in and change your directory listing.
2.4 YOUR REPRESENTATIONS REGARDING YOUR PRACTICE
You represent and warrant that the practice you are submitting for consideration does not and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights, rights of publicity, rights of personality, rights of privacy, rights to payment of royalties, or any other rights of third parties not specifically identified in this Section. Further, you warrant and represent that all aspects of the practice submitted for consideration comply with all applicable laws and regulations.
| 3.0 MINIMUM PRACTICE CRITERIA |
3.1 All practices submitted to Peak Strategy Directory must meet the following minimum criteria:
- The official business name must be visible to any visitor to that site;
- The practice must clearly define its services;
- The practice may not appear in the Directory under a different URL;
- The practice must not contain any parts under construction;
- All links on the practice’s site must function properly;
- The practice must have a contact name
- The practice must have an email address
THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND PEAK STRATEGY, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING, REJECTING OR REMOVING A SITE.
| 4.0 SELECTION AND LISTING OF SITES |
4.1 Peak Strategy reserves the right to decide whether, where, and how a practice is listed in the Directory. If Peak Strategy accepts your practice for inclusion in the Directory, Peak Strategy will consider your preferences, but reserves the right to list your practice in any category or subcategory as Peak Strategy deems appropriate, in its sole discretion. Peak Strategy reserves the right not to include any specific keywords, comments, or annotations with the listing of a practice in the Directory.
4.2 Peak Strategy also reserves the right, in its sole discretion, to remove your practice from the Directory, move the listing to a different category or subcategory, and change or remove any keywords, comments, or annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the site.
4.3 Any and all press releases and other public announcements related to your inclusion or possible inclusion in the Directory, including the method and timing of such announcements, must be approved in advance by Peak Strategy in writing. Peak Strategy reserves the right to withhold approval of any public announcement in its sole discretion.
| 6.0 TERMINATION |
6.1 If you wish to terminate participation in the Peak Strategy Directory program, simply sign onto the site and remove your listing.
| 7.0 APPLICANT ACKNOWLEDGEMENT OF PUBLIC DATA |
7.1 Peak Strategy maintains information about Applicant on Peak Strategy servers, including but not limited to Applicant's registration information. Applicant agrees that Peak Strategy will at its’ discretion publically publish the information. The Applicant specifically acknowledges that Peak Strategy has no control over how the public uses the information.
7.2 Peak Strategy may contact Applicant regarding Peak Strategy Directory using the Applicant's email address provided during the registration process (or as updated by Applicant). Such email messages may contain opportunities regarding special offers and new products from Peak Strategy.
| 8.0 INDEMNITY |
8.1 Applicant agrees to indemnify, defend and hold harmless Peak Strategy, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, for all losses and costs related to any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Applicant's use of or listing in the Consultant Directory, the acceptance or rejection of Applicant's suggested site, any alleged violation of this Agreement, or any alleged violation of any rights of others. Peak Strategy reserves the right, at its own expense, to assume the sole and exclusive defense and control of any matter subject to indemnification by Applicant, which shall not excuse Applicant's indemnity obligations.
| 9.0 DISCLAIMER OF WARRANTIES AND LIABILITIES |
9.1 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
9.2 PEAK STRATEGY, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF PEAK STRATEGY IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, PEAK STRATEGY'S ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR PEAK STRATEGY'S CONTINUED LISTING OF A PRACTICE IN THE DIRECTORY.
9.3 PEAK STRATEGYS LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO PEAK STRATEGY UNDER THIS AGREEMENT.
| 10.0 FORCE MAJEURE |
10.1 Peak Strategy is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of God, terrorism, or other causes beyond its reasonable control.
| 11.0 NOTICES |
11.1 Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Peak Strategy, such notices shall be addressed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . If to Applicant, such notices shall be addressed to the electronic or mailing address specified in Applicant's Service registration form, or such other address as either party may give the other by notice as provided in this Section. It is the Applicant's responsibility to provide an accurate address and to ensure that Peak Strategy Directory is notified of any changes to Applicant's address as specified in this Section.
| 12.0 ENTIRE AGREEMENT |
12.1 This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous or contemporaneous proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter.
| 13.0 GENERAL |
13.1 The Agreement and the relationship between Applicant and Peak Strategy are governed by the laws of the state of South Carolina, U.S.A. without regard to that state's conflict of laws rules.
13.2 The section titles in the Agreement are for convenience only and have no legal or contractual effect.
