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Terms of Use

PEAK EVENT SERVICES WEBSITE TERMS OF USE

(As of March 6, 2018)

IMPORTANT - PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE CONTACTING US OR ENTERING INFORMATION ON THE PPC EVENT SERVICES, LLC D/B/A PEAK EVENT SERVICES (PEAK) WEBSITE, AT PEAKEVENTSERVICES.COM.  THEY WILL COVER ALL OF YOUR USES OF AND PARTICIPATION IN THE SERVICES DEFINED BELOW. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. YOUR CONTINUED USE OF AND PARTICIPATION IN THE SERVICES INDICATES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS OF USE.  

Welcome to the Peak Website.  These Terms of Use govern your use of this Website.  You acknowledge that you have read and unconditionally agree to these Terms of Use, as may be amended by us from time to time.  You warrant and represent that you are authorized to participate in and use our Services (as defined below) and that you are at least 18 years of age.  You also warrant that all information you provide under this Terms of Use is true and complete and that you will promptly update such information to maintain its accuracy.

Privacy

Please review the Peak Privacy Notice [make this a live link on the Website], which also governs your visit to this site and use of our Services, to understand our practices with respect to Website information collection, use and disclosure practices.

Electronic Communications

When you visit this Website, enter information on this Website or use our services (“Services”), you are communicating with us electronically and consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this site. Subject to applicable law, if any, 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.

Copyright/Trademarks/Other Proprietary Rights

All content (and the compilation thereof) included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is and will remain our property or that of our content suppliers and is protected by United States and international copyright laws. Except as otherwise provided herein, all graphics, logos, page headers, button icons, scripts, and service names on the site are and will remain our trademarks or service marks.  All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You will not have, acquire or assert any rights in our Services, Website, components or proprietary rights and will not, without our prior written consent, copy, reproduce or distribute in any manner any of the content, data or information available through our Website or Services. You will not remove or modify any copyright, trademarks, service marks, confidentiality or other proprietary notice or marking appearing on any materials relating to the Services or Website.

Your Account

If you use this site, enter information or use Services, then you are responsible for maintaining the confidentiality or security of your account and password and for restricting access to your computer, and you agree to accept full responsibility for all activities that occur under your account or password. You also agree to immediately notify us of any unauthorized use thereof.  Product retailers and/or manufacturers may also provide additional Terms of Use and/or terms and conditions associated with your product selection that may or may not be displayed through this Website. We reserve the right at all times for any reason to modify or refuse your use of Services and/or content, including, but not limited to, the ability to terminate your account, remove, change or edit content or products offered, and/or cancel your orders at our sole discretion.

Risk of Loss

The risk of loss and title for all items purchased or acquired through the Services will pass to you upon our delivery to the carrier.

Product/Services Descriptions

We attempt to be as accurate as possible in describing the products and Services offered through this site. However, we cannot and do not warrant that product descriptions or other content of this site or the Services are accurate, complete, reliable, current, or error-free. You acknowledge that interruptions and loss of Services may occur as a result of maintenance or repairs to our Services or Website, unexpected outages or interruptions or an act or omission by you or any third party.  We will not incur any liability as a result of any such interruption or loss.

Disclaimer of Warranties and Limitation of Liability

TO THE EXTENT PERMISSIBLE BY LAW, THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), RELATED SYSTEMS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY US OR OTHER THIRD PARTIES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, CONTENT AND THE SERVICES IS AT YOUR SOLE RISK AND MAY BE SUBJECT TO CHANGE OR REMOVAL AT ANY TIME.

WE DO NOT WARRANT THAT THIS SITE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), RELATED SYSTEMS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE WILL BE UNINTERRUPTED, TIMELY OR FREE FROM ERRORS, INACCURACIES, VIRUSES OR OTHER HARMFUL COMPONENTS. WE, OUR SUPPLIERS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND SHAREHOLDERS ARE NOT AND WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), RELATED SYSTEMS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

Indemnification

You will indemnify, defend (at our election) and hereby release us, our directors, our officers, our employees, our suppliers and our agents from all losses, damages, penalties, costs and expenses (including, but not limited to, legal fees) caused by, arising from or relating to information or content provided by you or your use of or participation in our Services or Website or your breach of these Terms of Use.

Miscellaneous

These Terms of Use are governed by Massachusetts law, without regard to principles of conflict of laws.  These Terms of Use, your registration and any other user policies, including our Privacy Policy, are the entire agreement between the parties and supersede all prior agreements and understandings between the parties related to these Services and Website.  All provisions of these Terms of Use are severable and any provision of these Terms of Use found by a court of competent jurisdiction or arbitration panel to be invalid or unenforceable will not affect the validity or enforceability of any other provision of these Terms of Use.  To the extent legally permissible, the parties will replace any illegal, invalid or unenforceable provision of these Terms of Use with a valid provision that will implement the intended purpose of the illegal, invalid or unenforceable provision. Any notices under these Terms of Use will be in writing and delivered to the following address:

Peak Event Services

36 Cabot Road

Woburn, MA 01801

Disputes

Any dispute that is not resolved between you and us in an effective and timely manner and relating in any way to your visit to this site or use of our Services will be submitted to confidential arbitration in Suffolk County, Massachusetts; except that, to the extent you have in any manner violated or threatened to violate our or our supplier’s intellectual property rights.  In such case, we may seek injunctive or other appropriate relief in any state or federal court in Suffolk County, Massachusetts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Terms of Use will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under these Terms of Use will be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

Returns Policy

Once placed, orders cannot be cancelled unless merchandise is received damaged or it is determined that there has been an error on the order.  

Though damage incurred to any merchandise ordered while in transit is unlikely, review the following information:  Any incidence of damage must be reported by contacting Peak at the peakservices.com Website within 24 business hours of delivery to the original “Ship To” destination. All original packaging should be retained to insure proper handling of a damage claim. You may be required to provide proof of damage in order to process your return request.

Depending on the method of shipping and delivery that the vendor chooses, a signature may be required upon delivery.  If this is the case, please thoroughly inspect your package(s) for damage prior to signing for the delivery. DO NOT DESTROY OR DISPOSE OF ANY MERCHANDISE OR PACKAGING WITHOUT AUTHORIZATION.]

Links to Other Websites

Our Services may contain links to third-party Websites or Services that are not owned or controlled by Peak.  Peak has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Websites or Services. You further acknowledge and agree that Peak shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such Websites or Services.

Changes

Peak reserves the right, at our sole discretion, to modify or replace these Terms of Use at any time.  If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.  What constitutes a material change will be determined at our sole discretion.

Contact Us

If you have any questions about these Terms of Use, please contact us at website@peakeventservices.com.