PEAK TERMS AND CONDITIONS
RESTRICTIONS ON USE
In addition to the Materials and Services offered by PEAK Asset Lending, this Site may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. PEAK Asset Lending offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by PEAK Asset Lending. You agree that you will not hold PEAK Asset Lending responsible or liable with respect to the Third Party Services or seek to do so.
Disclaimer of warranty and limitation of liability you expressly agree that use of the site is at your sole risk. Neither PEAK Asset Lending, its affiliates, nor any of their respective employees, agents, third party content providers, or licensors warrant that the site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the site, or as to the accuracy or reliability of any information, service, or materials provided through the site.
The site is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under applicable law. You further expressly agree that the information, ratings, data and other content contained in any report or on any page of www.peakassetlending.com is a work of art, and as such, no warranties are expressed or implied including with regard to the suitability of any location, neighborhood or area for the purchase, leasing, or renting of real property. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration, or use of this site, whether for breach of contract, tortuous behavior (including strict liability), negligence, or under any other cause of action. You specifically acknowledge that PEAK Asset Lending is not liable for the defamatory, offensive, or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
In no event will PEAK Asset Lending, or any person or entity involved in creating, producing, or distributing the site or the content included therein, be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential, or similar damages, including, without limitation, lost profits or revenues, loss of use, or similar economic loss, arising out of the use of or inability to use the site. You hereby acknowledge that the provisions of this section shall apply to all use of and content on the site. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall PEAK Asset Lending total liability to you for all damages, losses, and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by you, if any, for accessing this site or obtaining any reports or other information from this web site.
You agree to defend, indemnify, and hold harmless PEAK Asset Lending and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of your use of the Site or any information you obtain from the Site or its reports.
All trademarks and service marks of PEAK Asset Lending and its subsidiaries or affiliates displayed on the Site are subject to state, federal, and/or international trademark protection. Unless expressly authorized by PEAK Asset Lending, you may not use its trademarks or service marks with any product or service that is not provided by PEAK Asset Lending, or in any manner that is likely to cause confusion among customers, or that might disparage or discredit PEAK Asset Lending.
THIRD PARTY CONTENT AND BUSINESS ASSOCIATES
The business associates of PEAK Asset Lending identified on the Site, if any, are independent contractors of PEAK Asset Lending. The business associates are not joint ventures or partners of PEAK Asset Lending. No employee or representative of the business associates is under the control of PEAK Asset Lending.
ELECTRONIC VIRUSES AND EXPORT CONTROL
PEAK Asset Lending assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to use, of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the Unites States Treasury Department’s list of Specially Designated Nationals or the US Commerce Department’s Table of Deny Orders. PEAK Asset Lending does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
All questions concerning this Agreement should be directed to firstname.lastname@example.org or by mail to: PEAK Asset Lending, 7925 Bond, Lenexa, KS 66214.
APPLICABLE LAW AND JURISDICTION
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in the City of Lenexa, State of Kansas and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction, except that, to the extent you have in any manner violated or threatened to violate one or more its intellectual property rights, PEAK Asset Lending may seek injunctive or other appropriate relief in any state or federal court in the State of Kansas, and you consent to exclusive jurisdiction and venue in such courts. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.