Policies
Effective date: April 12 2024
ACCEPTANCE OF TERMS
Peak Mindset Solutions Inc. (“Peak Mindset Solutions”) provides certain Services (as defined below) to you when you visit our website (“Website”), and access to, and use of this Website and the Services are provided to you subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By indicating your acceptance below, you acknowledge that you have read, accepted, and agreed to these Terms. If you do not agree to these Terms, you will not be able to use this Website.
In addition, when using the Services, you will be subject to any posted guidelines or rules applicable to such Services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. Peak Mindset Solutions reserves the right to change these Terms at any time without prior notice and your continued access or use of this Website or the Services after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review these Terms regularly.
If you do not agree with one or more of these Terms, do not access or use this Website or the Services.
REGISTRATION OBLIGATIONS
To use certain areas of this Website, you must first complete the registration process to create an account (“Account”) and select and register a unique username and password (collectively, “Credentials”). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify Peak Mindset Solutions if you know or suspect that your Account or Credentials have been used by any other person.
During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”). You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or Peak Mindset Solutions has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, Peak Mindset Solutions has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. Individuals under 18 years of age cannot register on any portion of this Website.
Peak Mindset Solutions may act upon any communication that is given through your Account or by using your Credentials. Peak Mindset Solutions is not required to verify the actual identity or authority of a person using your Account or Credentials, but Peak Mindset Solutions may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if Peak Mindset Solutions is not satisfied with the verification. If Peak Mindset Solutions, in its discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then Peak Mindset Solutions may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.
DESCRIPTION OF SERVICES
Peak Mindset Solutions provides a platform to connect Clients to Peak Mindset Solutions services, and access to Peak Mindset Solutions content and purchase resources through its online ecommerce platform (collectively, our “Services”). The provision of the Services is subject to these Terms, the Services subscription or other terms you accepted when purchasing the Services.
Privacy Policy
This Privacy Policy governs the manner in which Peak Mindset Solutions Inc. (hereinafter “Peak Mindset Solutions") collects, uses, maintains and discloses information collected from users (each, a “User”) of the website (“Site”).
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, respond to a survey, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities. Publicly available information, such as a public directory listing of your name, address, and telephone number are not considered to be personal identification information.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users' means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
How we use collected information
Peak Mindset Solutions may collect and use Users personal information for the following purposes:
- To run and operate our Site
We may need your information to display content on the Site correctly. - To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently. - To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site. - To improve our Site
We may use feedback you provide to improve our products and services. - To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them. - To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.
We have an international presence, and you agree that to facilitate the use or functioning of our services, your personal information may be processed or stored in the United States of America. Your personal information is processed and stored in the United States of America, you agree that it will be subject to the laws of the United States of America, including legislation, regulations and the orders of any courts or other lawful authorities, including lawful orders for disclosure. If you are a resident of the European Economic Area or a country that restricts data transfers outside of that jurisdiction or region without your consent, you consent to your personal information being transferred outside of the European Economic Area or your country for processing or storage by or on behalf of us.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. This includes, for example, firewalls, password protection and other access and authentication controls. We also use SSL technology to encrypt data during transmission through the public internet, and we also employ application-layer security features as further protection.
While no method of transmission over the Internet, or method of electronic storage, is 100% secure, if we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Date retention
When you place an order through the Site, we will maintain your order information for our records for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law, unless and until you ask us to delete this information.
Electronic newsletters
If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc.
Third party websites
Users may find advertising or other content on our Site that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
Advertising
Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers. You may learn more about opting out of major ad networks at the following link: https://websitebuilders.com/tools/advertiser-opt-out/.
Google Adsense
Some of the ads may be served by Google. Google’s use of the DART cookie enables it to serve ads to Users based on their visit to our Site and other sites on the Internet. DART uses “non personally identifiable information” and does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at http://www.google.com/privacy_ads.html
Changes to this privacy policy
Peak Mindset Solutions has the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Site. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
USE OF THE WEBSITE
Peak Mindset Solutions authorizes you to view, download and print a single copy of materials and content provided on this Website for your personal use only and only in connection with your registering with Peak Mindset Solutions or using the Services. You may not remove any trademark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of this Website’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Website or this Website materials or content without the prior written permission of Peak Mindset Solutions is strictly prohibited. Peak Mindset Solutions reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and Peak Mindset Solutions reserves the right to suspend or terminate your access to any part of this Website or the Services immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Website or the Services.
TRADEMARKS AND COPYRIGHT
Peak Mindset Solutions, this Website domain and other trade names or trademarks of Peak Mindset Solutions Inc., and related words and logos are trademarks or trade names of Peak Mindset Solutions in USA and other jurisdictions. Peak Mindset Solutions is also the owner in USA as well as other foreign jurisdictions of additional trademarks, registered and unregistered. Nothing in these Terms or on this Website will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a license or other right to you to use any such marks or names or any other intellectual property right of Peak Mindset Solutions. The names of other companies, products and services referred to on this Website may be trademarks or trade names of their respective owners. Any unauthorized use of the trademarks or trade names of Peak Mindset Solutions or of third parties is strictly prohibited.
The materials provided on this Website including, without limitation, all portions of this Website, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to the Peak Mindset Solutions materials remains with Peak Mindset Solutions and any unauthorized use of such materials is strictly prohibited. Peak Mindset Solutions reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under trademark and copyright law.
USER GENERATED CONTENT
Portions of this Website allow users to post and exchange information, ideas and opinions (“User Content”), but Peak Mindset Solutions does not screen, edit or review any User Content before they are posted or transmitted. Please note that posted or transmitted User Content do not necessarily reflect the views of Peak Mindset Solutions, and Peak Mindset Solutions disclaims all responsibility for any such User Content and for any losses or expenses resulting from their use or appearance on this Website.
We value your visit to this Website and welcome any questions, comments or feedback you might have about this Website, these Terms or any of the products or services offered by Peak Mindset Solutions (“Feedback”). Please refer to the Contact section of this Website for phone and fax numbers and email addresses.
If you provide User Content or Feedback, you grant Peak Mindset Solutions a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use and commercialize the feedback in any way and for any purpose without providing any compensation to you or any other person. You also grant Peak Mindset Solutions the right to use the name you submit with the User Content or Feedback, if any, in connection with Peak Mindset Solutions’ rights hereunder.
HYPERLINKS
Hyperlinks on this Website are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. Peak Mindset Solutions has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site.
ACCEPTABLE USE AND RESTRICTIONS
In addition to complying with these Terms, you agree to use this Website, the Services and materials on this Website for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of this Website or the Services, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Website illegal, are unauthorized to use this Website.
You agree not to use the Services or this Website in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory or otherwise malicious or harmful to any person or entity.
INDEMNITY
You will defend, indemnify and hold harmless Peak Mindset Solutions from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of this Website, its content or materials, or the Services, User Content or Feedback, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, Peak Mindset Solutions retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.
DISCLAIMERS
You understand and agree that:
(a) Use of this Website and the Services is at your sole risk. This Website and the Services are provided on an “as is”, “as available” basis. Neither Peak Mindset Solutions, nor any of its respective employees, agents, officers, directors or third party service providers (collectively, “Peak Mindset Solutions Parties”) make any warranty or condition of any kind, whether express or implied, regarding this Website or the Services, and Peak Mindset Solutions Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.
(b) Peak Mindset Solutions Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Services or that the Services will be uninterrupted or error-free. Peak Mindset Solutions Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the Services, even if you have paid for virus protection services.
(c) The access to and downloading of material from this Website is done at your own risk. Peak Mindset Solutions makes reasonable efforts to ensure that this Website is virus-free, but Peak Mindset Solutions does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Website or the Services.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL Peak Mindset Solutions PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, THE USE OF THIS WEBSITE OR THE SERVICES. Peak Mindset Solutions PARTIES WILL NOT BE LIABLE FOR ANY ACTUAL OR ALLEGED INFRINGEMENT BY ANY THIRD-PARTY MATERIALS AVAILABLE THROUGH THE SERVICES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF Peak Mindset Solutions PARTIES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNT PAID BY YOU IN THE ONE MONTH IMMEDIATELY PRIOR TO ANY CLAIM. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.
You acknowledge and agree that these Terms present a fair allocation of risk and liability, and that this Section 12 is an essential part of the bargain between the Parties, a controlling factor in setting any fees or other charges, and an inducement to the Parties to enter into these Terms.
GENERAL
These Terms, the Privacy Policy and all other notices, policies and statements contained on this Website (all as may be amended by Peak Mindset Solutions from time to time without prior notice) constitute the entire agreement between Peak Mindset Solutions and you. These Terms cannot be modified except as described herein. Anything in this Website inconsistent with these Terms is superseded by these Terms. No waiver of any of these Terms will be deemed a further or continuing waiver of such Term or any other Term. If in any jurisdiction, any of these Terms are held to be unenforceable by a court of competent jurisdiction, such Terms will be restricted or eliminated to the minimum extent necessary and the remaining Terms will otherwise remain in full force and effect. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
The relationship between Peak Mindset Solutions and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or this Website.
These Terms and the subject matter of these Terms and all related matters will be governed by, and construed in accordance with, the laws of the Province of Ontario, USA and the federal laws of USA applicable in Ontario. Subject to the following paragraph, you submit to the exclusive jurisdiction of the courts of the Province of Ontario.
To the extent permitted by applicable law, unless Peak Mindset Solutions agrees otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the Services, this Website, these Terms or the Privacy Policy, will be determined by final and binding arbitration to the exclusion of the courts. Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. The foregoing does not, however, preclude Peak Mindset Solutions from seeking injunctive relief in other jurisdictions when necessary to protect its interests. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, you waive any right to a jury trial.
These Terms have been drawn up in the English language at the express request of the parties.
Contact Us
- CONTACT US
We value your visit to this Website and welcome any questions or comments you might have about this Website, these Policies, or any of the products or services offered by Peak Mindset Solutions. Please refer to the Contact section of this Website for phone, email addresses and other ways to contact us.
