Baboochi and Peak Inc. reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Site after the effective date of any changes is deemed acceptance of the revised Terms. For this reason, we encourage you to review these Terms each time you visit the Site.
1. AGE OF USERS
2. USE OF SITE MATERIALS
Baboochi and Peak Inc. grants you a limited, non-exclusive, non-transferable, non-sub-licenseable license to view, use, and print individual pages of the Site for your personal, non-commercial use. Unless otherwise noted, the design of and all materials on this Site, including, but not limited to, text, slogans, graphic, images, icons, photographs, video clips and other materials, and the copyrights, trademarks, service marks, trade dress and other intellectual property (“Content”) are owned, controlled or licensed by Baboochi and Peak Inc. or other providers of such material. The Site is intended for personal and non-commercial use only. The Content provided on this Site is to be used for informational purposes only. No right, title or interest in downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, resell or exploit Content in any way. We reserve the right to pursue all legal remedies for any commercial exploitation of Content.
3. COPYRIGHTS AND TRADEMARKS
All Content, design, text, graphics, logos, photographs, interfaces, the selection and arrangements thereof, and any other material on the Site are protected by United States and international copyright law and other intellectual property laws and are owned by Baboochi and Peak Inc. or other respective owners that have granted us the right and license to use such materials.
All trademarks, service marks, trade names, logos and trade dress (collectively, the “Marks”) are registered and unregistered trademarks of Baboochi and Peak Inc. or other respective owners that have granted us the right and license to use such Marks. Nothing on this Site should be construed as granting any license or right to use any Mark displayed on the Site. You may not use any Marks without the prior written permission of Baboochi and Peak Inc.
You may not frame, deep link or utilize any similar techniques to enclose the Site, Content, or other proprietary information (including images, text, page layout, or form) of Baboochi and Peak Inc. without our express written consent.
4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The information presented on or through this Site is made available solely for general information purposes and convenience. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Baboochi and Peak Inc. disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of its contents. Baboochi and Peak Inc. offers and displays the products on this Site as reasonable representations and availability of the color, configuration, design, texture, and/or look of its products. However, we cannot guarantee that your monitor’s display of merchandise color or detail will be accurate. On occasion, the Site may contain incomplete information, typographical errors, or inaccuracies as to description, pricing, sizing, fabrication, color or availability. Additionally, note that certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We reserve the right to correct errors at any time without prior notice (including after your order has been placed).
5. PRODUCTS AVAILABILITY AND PRICES
The features, content, specifications, products and prices and availability of products and services described or depicted on this Site are subject to change at any time without notice. Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors (e.g., those who have not signed our Reseller Agreement). All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. Any offer for any product or service made on this Site is void where prohibited.
6. USER ACCOUNTS, ACCURACY OF ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7. THIRD-PARTY LINKS
8. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Any Content, material, information, idea, photo, or other communication you transmit to or post on this Site or to Baboochi and Peak Inc. by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Baboochi and Peak Inc. and/or its designees for any purpose whatsoever, including, but not limited to, developing and manufacturing products (“Communication”). We will have no obligations with respect to the Communication. Baboochi and Peak Inc. and its designees will be free to copy, disclose, distribute, incorporate, or otherwise use the Communication and all data, images, sounds, text, and other things embodied therein for any and all commercial and noncommercial purposes. You are prohibited from posting or transmitting to or from this Site anything illegal, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that is invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages, or could rise to any civil or criminal liability under the law. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card or other content. Baboochi and Peak Inc. reserve the right (but not the obligation) to remove or edit such content, but does not regularly review posted Communication or other content.
If you do post or submit Communication, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us, and our sub-licensees the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the Communication that you post; that the Communication is accurate; that use of the Communication you supply does not violate these Terms or the rights of any individual or entity; and that you will indemnify us for all claims resulting from Communication and other content you supply. Baboochi and Peak Inc. have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any Communication or other content posted by you or any third party.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been copied, posted, or distributed on or through the Site in a way that infringes your copyright rights, please inform our designated Copyright Agent by sending written notice email to Info@Peak-Prod.com. Pursuant to the Digital Millennium Copyright Act, to be effective you must include the following information in your written notice:
• A detailed description of the copyrighted work you believe is being infringed;
• A description (such as the subdomain link) of the location on the Site where the allegedly infringing content appears;
• Your contact information, including your name, address, telephone number, and, if available, email address;
• A statement that you have a good faith belief that the allegedly infringing use is not authorized by you as the copyright owner, by your agent, or by law;
• A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are, or are authorized to act on behalf of, the copyright owner; and
• An original or electronic signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Please note that notice to the designated Copyright Agent is only for reporting claims of copyright infringement in connection with the Site. Contacts for other matters are provided elsewhere through these Terms.
10. PROHIBITED USES
In addition to any remedies that we may have at law or in equity, if Baboochi and Peak Inc. determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, it may take any action it deems necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) ARE PROVIDED BY BABOOCHI AND PEAK INC. ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, OR MATERIALS INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BABOOCHI AND PEAK INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
IN NO EVENT SHALL BABOOCHI AND PEAK INC. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS SITE AND/OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE.
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 11.
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 12.
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 13.
14. GOVERNING LAW AND JURISDICTION
IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 19.
15. ELECTRONIC COMMUNICATIONS
When you use the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
16. INTERNATIONAL LAW
We control, operate, and administer the Site from the United States. We make no representation that any material on our Site is appropriate or available for use outside of the United States. Illegal access to the Site from territories where their content is illegal is prohibited. You may not use the Site or export it in violation of U.S. export laws, rules, and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.
Please review our other policies, such as our Returns & Refunds and Shipping policies, posted on this Site. These policies also govern your use of the Site any products or services sold or distributed by Baboochi and Peak Inc. or through the Site. We may terminate, change, suspend or discontinue any aspect of this Site, in whole or in part, including the availability of any features of this Site, at any time and without notice. We also reserve the right, at our sole discretion, to change, modify, add or remove any portion of these Terms or other policies, in whole or in part, at any time and without notice. We may terminate any authorization and rights given above at any time and without notice. Your continued use of this Site after any changes to these Terms are posted on the Site will be considered acceptance of those changes. In the event that you do not agree to any changes or modifications of these Terms, you should not continue to use the Site.
A. Informal Resolution:
Most disputes can be resolved without resort to litigation. You can reach our customer service department at Info@Peak-Prod.com. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our customer service department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the Claim and the requested relief. A Notice to Baboochi and Peak Inc. should be sent to: Peak Inc. Legal Department at 2416 W. Victory Blvd #192, Burbank, CA. 91506. After the Notice is received, you and we may attempt to resolve the Claim informally.
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 18 (A).
B. Formal Resolution by Binding Arbitration:
(2) Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration applies, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
(3) Confidentiality: All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(4) Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to infringement, misappropriation, theft, piracy, or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also bring an individual action in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
These Terms govern to the extent they conflict with the ADR Provider’s rules, including, but not limited to, the AAA’s Consumer Arbitration Rules.
C. Time to Bring Your Claim:
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 18(C).
19. Exclusions and Limitation; Consumer Protection Notice
20. CONTACT INFORMATION
© 2016 Baboochi. All Rights Reserved.
© 2016 Peak Inc. All Rights Reserved.
Updated October 22nd, 2016