Terms of Use

WEB SITE USE AGREEMENT FOR THIS WEBSITE PEAKWI.COM, TALENTCAPITALSOLUTIONS.COM, PEAKTCS.COM, PEAKEMPLOYMENTSOLUTIONS.COM, AND ALL DOMAIN NAMES AND ALL CONTENT ASSOCIATED THEREWITH
UPDATED March 29, 2018
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WELCOME TO OUR WEBSITE!

THIS AGREEMENT GOVERNS YOUR USE OF THE PEAK WEB SITE AND THE CONTENT, INFORMATION AND SERVICES PROVIDED THROUGH THE WEB SITE.

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Peak Employment Solutions’ relationship with you in relation to this website.

The terms "Peak Talent Capital Solutions", "Peak Workforce Improvement", "Branding Solutions",“Peak Employment Solutions”, “Peak”, “PES”, “us” or “we” or any derivative found on this website refer to the owner of the website whose registered office is 1109 Medical Center Drive, #7E Augusta, Georgia 30909. The term “you” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither the submittal or creation of your resume to this website, or the possible subsequent contact or follow-up to you regarding said submittal or creation of your resume by employees or agents of Peak Employment Solutions shall serve to create an actual or implied contract of employment with our company or the client companies we represent. The submittal or creation of your resume, or the possible subsequent contact or follow-up by employees or agents of our company does not assure you of a position of employment with Peak, does not guarantee you will be considered for placement or referral or contacted in any way or manner by our company or confer any right to you as an actual employee of Peak Employment Solutions or those clients we represent now, or in the future.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

You may not create a link to this website from another website or document without Peak Employment Solutions’ prior written consent.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the state of Georgia, United States of America and applicable federal laws of the United States of America.

1. YOUR ACCEPTANCE OF THIS AGREEMENT

This is an Agreement between you and all persons you represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity) and PEAK EMPLOYMENT SOLUTIONS, LLC. (“PEAK”), and governs your use of the PEAKEMPLOYMENTSOLUTIONS.COM web site and the content, information and services provided through the PEAKEMPLOYMENTSOLUTIONS.COM web site (collectively the “Web Site”). This Agreement also provides benefits to PEAK’s affiliates, service providers, suppliers and sub-contractors, including various PEAK businesses and business associates around the nation (collectively “Associates and Vendors”).

Each time you use the Web Site you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and all persons you represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, you may not use the Web Site.

2. SCOPE OF THIS AGREEMENT

This Agreement is in addition to and supplements any written agreements that you or any persons you represent have with PEAK or Associates and Vendors (now or in the future) concerning your dealings with PEAK or Associates and Vendors generally.

This Agreement and all other agreements that you or any persons you represent have with PEAK or Associates and Vendors (now or in the future) together constitute the entire agreement regarding your access to and use of the Web Site, and supersede all previous agreements (written, oral or otherwise) regarding your access to and use of the Web Site. In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you or any persons you represent have with PEAK or Associates and Vendors (now or in the future), the provisions of this Agreement shall govern regarding your access to and use of the Web Site.

3. CHANGES TO THIS AGREEMENT

PEAK may, in its discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.

4. PERMISSION TO USE THE WEB SITE

The Web Site may be accessed and used only by individuals who have: (a) reached the age of majority in their jurisdiction of residence and can form legally binding contracts under applicable law; and (b) accepted this Agreement. Persons using the Web Site must comply with all applicable laws. PEAK may in its discretion refuse permission to access and use the Web Site.

5. WEB SITE COMMUNICATIONS AND ORDERS

The Web Site is a unique recruiting and services web site, created by PEAK for our recruiting efforts and our client services initiative. This website is also a portal and information conduit to other web sites and businesses operated by Associates and Vendors. Associates and Vendors may be independent from PEAK, their web sites may have different or inconsistent terms of use or privacy policies, and their services may be provided under different terms and conditions. Your dealings with Associates and Vendors and use of their web sites are at your own risk, and you shall not make any claim against PEAK arising out of those matters. As between you and PEAK, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your dealings with any Associates and Vendors and use of their web sites.

By activating certain links, including order-related links, you may be automatically connected with web sites operated by Associates and Vendors. If you use the Web Site to initiate communication regarding your staffing needs, the information you submit may be disclosed to, and processed and responded by, Associates and Vendors.

All communications you submit through the Web Site or e-mail must be true, accurate and complete. PEAK and Associates and Vendors will rely upon the truth, accuracy and completeness of the communications you submit through the Web Site. If you submit any incorrect or incomplete communications, or if any communications are damaged or distorted during transmission to PEAK, you and all persons you represent will be liable for any loss, damage or additional costs that you, PEAK, Associates and Vendors, or other persons may incur as a result.

You authorize PEAK and Associates and Vendors to: (a) accept communications that they receive from you by means of the Web Site or e-mail as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to any Associates and Vendors, and PEAK workers by means of the Web Site, e-mail or other communications; and (c) respond to your communications by means of Internet communications, e-mail or other communications. Communications you send to PEAK by means of the Web Site or e-mail are not effective unless and until they are processed by the responsible PEAK representative.

PEAK may refuse to process any communications sent to PEAK by means of the Web Site or e-mail, or may reverse the processing of any communications sent to PEAK by means of the Web Site or e-mail, at any time in PEAK’s discretion, and without any notice or liability to you or any other person, including, without limitation, if: (a) PEAK cannot process the communications; (b) the communications violate any provision in this Agreement or any other agreement that you or any other person may have with PEAK; (c) PEAK considers that the communications conflict with any other instructions or agreements with you or any person you represent; or (d) there is an operational failure or malfunction in connection with the transmission of the communications.

Communications that are submitted to Mr. Michael R. Frazier through the Web site may be answered by other staff, rather than by Mr. Frazier personally.

6. ERRORS

PEAK endeavors to provide accurate information through the Web Site. Nevertheless, errors may occur. Accordingly, PEAK reserves the right to change other information available through the Web Site at any time and from time to time without any notice or liability to you or any other person.

7. NO ADVICE

This website has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorneys in connection with any fact-specific situation under federal law and the applicable state or local laws that may impose additional obligations on you and your company. This publication and Peak Employment Solutions’ services are designed to provide accurate and authoritative information in regard to the subject matter covered. They are presented with the understanding that Peak Employment Solutions’ staff is not engaged in rendering legal services. If legal advice is required, the service of a competent labor law attorney should be sought. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Web Site.

8. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY

PEAK and Associates and Vendors do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site.

DISCLAIMER

YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY PEAK AND THE ASSOCIATES AND VENDORS TO THE FULLEST EXTENT PERMITTED BY LAW. THERE WILL NOT BE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO USE THE WEB SITE.

THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, AND INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND PEAK’S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE.

PEAK AND THE ASSOCIATES AND VENDORS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY PEAK TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY PEAK IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING, ANY COMMUNICATION SENT TO PEAK BY MEANS OF THE WEB SITE OR e-mail, OR FOR ANY LOSS OR DAMAGES SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE WEB SITE OR e-mail SERVICES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PEAK AND THE ASSOCIATES AND VENDORS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE WEB SITE WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION CONTAINED IN THE WEB SITE OR DERIVED FROM THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE; (F) THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (G) THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND PEAK AND THE ASSOCIATES AND VENDORS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.

LIABILITY EXCLUSION

PEAK AND THE ASSOCIATES AND VENDORS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY PEAK OR ANY AFFILIATE OR PROVIDER OR ANY PERSON FOR WHOM PEAK OR AN AFFILIATE OR PROVIDER MAY BE RESPONSIBLE, AND NOTWITHSTANDING THAT PEAK OR ANY AFFILIATE OR PROVIDER MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.

The exclusion of certain warranties and the exclusion of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

LIABILITY LIMITATION

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL PEAK OR ANY OF THE ASSOCIATES AND VENDORS’ TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY PEAK OR ANY AFFILIATE OR PROVIDER OR ANY PERSON FOR WHOM PEAK OR ANY AFFILIATE OR PROVIDER IS RESPONSIBLE, EXCEED $100 (US) OR THE AMOUNT YOU PAID TO PEAK FOR THE USE OF THE WEB SITE, WHICHEVER IS LESS.

The limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

RELEASE

YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF PEAK AND THE ASSOCIATES AND VENDORS AND ALL OF THEIR RESPECTIVE FRANCHISEES, PARTNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF PEAK AND THE ASSOCIATES AND VENDORS AND ALL OF THEIR RESPECTIVE FRANCHISEES, PARTNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND COOPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY CLAIM OR DEMAND. ADVICE AND INFORMATION PROVIDED BY PEAK OR THE ASSOCIATES AND VENDORS OR THEIR RESPECTIVE REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.

FAIR ALLOCATION OF RISK AND LIABILITY.

YOUR ACKNOWLEDGE AND AGREE THIS AGREEMENT REPRESENTS A FAIR ALLOCATION OF RISK AND LIABILITY.

9. OWNERSHIP AND PERMITTED USES OF THE WEB SITE

Copyright © PEAK EMPLOYMENT SOLUTIONS. 2008. All Rights Reserved. The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, calculators, models, data, and other elements available on or through the Web Site are the property of PEAK, Associates and Vendors and others, and are protected by United States and international copyright, trademark, and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content.

The Web Site may only be used in the manner described expressly in this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of PEAK.

The Web Site may be used only for lawful purposes. The Web Site may be accessed and used only using commercially available, SSL-capable Web browser software.

10. TRADEMARK INFORMATION

PEAK®, PEAKEMPLOYMENTSOLUTIONS.COM™, the PEAK Logo, Cornerstone Program, Peak Safe Worker Program, Peak Rewards and other marks and logos appearing on the Web Site are registered and unregistered trademarks, trade names and service marks owned or licensed by PEAK. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade names, trademarks and service marks of their respective owners.

Any use of the trade names, trademarks, service marks and logos (collectively “Marks”) displayed on the Web Site is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, impediment, or otherwise, any license or right to use any Marks displayed on the Web Site.

11. PERSONAL INFORMATION PRIVACY

PEAK collects, uses and discloses information regarding your use of the Web Site and your personal information in accordance with the Privacy Policy, which is available by clicking here. PEAK may change the Privacy Policy from time to time in its discretion without prior notice or liability to you or any other person. By accepting this Agreement, and each time you use the Web Site, you consent to PEAK’s collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then reads without any further notice or any liability to you or any other person.

12. OTHER SITES

The Web Site includes links to other web sites or resources and businesses operated by Associates and Vendors or other persons (collectively, “Other Sites”). Other Sites are independent from PEAK, may have different or inconsistent privacy policies or terms of use, and PEAK has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. PEAK does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against PEAK arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and PEAK, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.

13. LINKING, FRAMING, MIRRORING, SCRAPING AND DATA-MINING THE WEB SITE

Links to the Web Site without the express written permission of PEAK are strictly prohibited. The framing, mirroring, scraping or data mining of the Web Site or any of its content in any form and by any method are strictly prohibited.

14. TERMINATION OF THIS AGREEMENT AND THE WEB SITE

If you breach any provision of this Agreement, you may no longer use the Web Site.

PEAK may, at any time and for any reason and in its discretion: (a) change, suspend or terminate, temporarily or permanently, the Web Site or any part of it; or (b) restrict, suspend or terminate (in whole or in part) your permission to access or use the Web Site; all without any notice or liability to you or any other person. If this Agreement or your permission to access or use the Web Site is terminated by you, or by a person you represent, or by PEAK, then: (a) this Agreement and all other then existing agreements between PEAK and any persons you represent will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Web Site, and anything connected with, relating to or arising there from; and (b) PEAK may continue to use and disclose your personal information in accordance with the Web Site Privacy Policy as amended from time to time.

15. GOVERNING LAW AND DISPUTE RESOLUTION

The Web Site is controlled by PEAK EMPLOYMENT SOLUTIONS, LLC, Augusta, Georgia, United States of America. This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of the state of Georgia, United States of America and applicable federal laws of the United States of America, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be Augusta, Georgia, United States of America. Notwithstanding the foregoing, you or PEAK may seek injunctive relief from an appropriate court located in Augusta, Georgia, United States of America prior to or during the arbitration.

Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

16. OTHER MATTERS

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Notwithstanding anything herein to the contrary, the following provisions of this Agreement, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect and be binding upon the parties as applicable: 8 (Disclaimer, Liability Exclusion, Liability Limitation, Release, and Indemnity); 9 (Ownership and Permitted Uses of the Web Site); 11 (Personal Information Privacy); 12 (Other Sites); 14 (Termination); 15 (Governing Law and Dispute Resolution); and 16 (Other Matters). The provisions of this Agreement will inure to the benefit of and be binding upon each of PEAK and Associates and Vendors and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons. You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of PEAK, which may be withheld in PEAK’s discretion. PEAK may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.

No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties.

You and any persons you represent (on the one hand) and PEAK and Associates and Vendors (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.

Any rights not expressly granted by this Agreement are reserved to PEAK.

This Agreement is subject to change without notice.