YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS WEBSITE.
This website is operated by Peak Contact Inc. operating as Peak Contact. The purpose of this website is to provide information on services offered by Peak Contact. This site also contains other general information that you may find helpful.
Use of Content from the Site and Intellectual Property Notice
The contents of the site, including any and all information, links, reports, data, databases, tools, code, photographs, pictures, video, files, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, logos, trade names, or other materials contained on the site (collectively the "Content"), including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, Peak Contact, or their licensors, as the case may be. Except as expressly provided, you are not granted any rights in or to the Content available on or via the site. All such rights remain with, and are reserved by, their respective owners.
You are authorized to view and download the information on the site for your personal, non-commercial use as long as you do not remove any copyright and other proprietary rights notices that may be included in the Content downloaded. No other use of the Content (including linking to the Content from an external site) is permitted without Peak Contact's prior written consent.
Names, phrases, logos, icons, graphics, images, or designs, used throughout the site may be trade names, registered or unregistered trademarks, or services marks ("Trademarks") of Peak Contact or other entities and individuals. The display of Trademarks on this site is not an implied license to any third party for use of the Trademarks
CONTENTS ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES OR CONDITIONS WHATSOEVER. PEAK CONTACT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. WITHOUT LIMITING THE FOREGOING, PEAK CONTACT AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE (INCLUDING ANY RESULTS OBTAINED FROM ANY DIAGNOSIS OR ASSESSMENT TOOLS), OR ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED THROUGH THE SITE OR OTHERWISE WILL BE ACCURATE, COMPLETE, OR RELIABLE; (D) ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS HAVE BEEN SATISFIED; OR (E) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SITE, ANY THIRD PARTY WEBSITE, OR OTHERWISE WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PEAK CONTACT BE LIABLE TO YOU BASED ON YOUR USE OR MISUSE OF AND RELIANCE ON THE CONTENT OR OTHER MATERIALS ACCESSIBLE ON OR VIA THE SITE.
IN NO EVENT SHALL PEAK CONTACT BE LIABLE TO YOU OR ANY PERSON WITH RESPECT TO DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY SERVICES OR GOODS NOT PROVIDED BY PEAK CONTACT EVEN IF THEY ARE ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE.
PEAK CONTACT HAS NO LIABILITY TO YOU WHATSOEVER FOR ANY PERSONAL INJURY (INCLUDING DEATH) CAUSED BY YOUR USE OR MISUSE OF THE CONTENT OR THE SITE
WITHOUT LIMITING THE PRECEDING PARAGRAPHS OF THIS SECTION, THE LIMIT ON THE TOTAL CUMULATIVE LIABILITY OF PEAK CONTACT TO YOU OR ANY PERSON, FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, OR THIS AGREEMENT SHALL NOT IN ANY EVENT EXCEED $100.00 CDN.
The limitations specified above shall apply regardless of the causes or circumstances giving rise to the claim, even if such claim is based on breach of contract, negligence or other tort, and shall survive a fundamental breach or failure of essential purpose of any limited remedy or this Agreement.
This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby irrevocably submit to the jurisdiction of the courts of the Province of Ontario at Toronto. This Agreement (as amended from time to time), and any other legal notices on the site, constitute the entire agreement between you and Peak Contact with respect to the use of the site and the Content. If a court of competent jurisdiction deems any provision of this Agreement unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Peak Contact may assign this Agreement, in whole, or in part, at any time, with or without notice to you. You may not assign your rights or delegate your duties under this Agreement, either in whole or in part, without the prior written consent of Peak Contact. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. You agree to waive any right you may have to a trial by jury. This Agreement will ensure to the benefit of and be binding upon the parties to this Agreement and their respective successors, heirs, and permitted assigns. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.