Privacy Policy
This Privacy Policy applies to all the websites and products owned and/or operated by Peak MVP (“Peak MVP”) unless noted otherwise. By visiting Peak MVP website, or using any of our products or services, you acknowledge that you accept the practices and policies outlined in this Privacy Policy.
This Privacy Policy discloses the practices of Peak MVP, Inc. (“Peak MVP”, “we” or “us”) concerning information we obtain by and through your use of the Peak MVP platform (“Platform”), the website located at http://Peak MVP.com (the “Site”), including any content, functionality and services offered on or through the Platform or the Site, and any of our other services or products (the Platform, the Site and any of our other services or products, collectively, referred to as the “Services”). Peak MVP is committed to respecting your privacy and recognizing your need for appropriate protection and management of personally identifiable information you share with us. The purpose of this Privacy Policy is to explain the types of information Peak MVP obtains about visitors to our Site and users of Services, how the information is obtained, how it is used, and the choices you have regarding our use of, and your ability to review and correct, the information. Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not access, or use the Services. By using the Services and by agreeing to the Peak MVP Terms of Service located on the Site, you are accepting and consenting to the use of your information as described in this Privacy Policy.
The Peak MVP Platform may be used and accessed by sports organizers who use the Peak MVP sports management software to interact with sports registrants and/or by sports registrants themselves. (Sports registrants refer to member account holders who are either (a) a sports participant over the age of 13 or (b) the parent or legal guardian of a youth sports participant under the age of 13.) As such, the Services may be offered to users by Peak MVP, itself, or by one or more third party league organizers who offer a white label or private-label version of our platform to their sports registrants.
This Policy describes how Peak MVP collects, manages, and uses information collected through the Services but your use of and access to the Services may also be governed by additional policies or agreements made directly between sports registrants and organizers. Peak MVP is not responsible for the practices of companies that Peak MVP does not own or control or individuals that Peak MVP does not employ or manage. However, sports organizers agree to provide users with at least the same level of protection as that provided by Peak MVP though this Privacy Policy. If you have any questions about whether any third-party sports organizer policies or agreements apply to your use of the Site and/or Services, please contact your sports organizer.
- WHAT INFORMATION WE COLLECT
We collect several types of information from and about users of the Services, some of which is personally identifiable and some of which is non-identifying or aggregated, including information:
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- by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”.
- that is about you but individually does not identify you; and/or
- about your internet connection, the equipment you use to access the Services and usage details.
We collect this information (i) directly from you when you provide it to us, (ii) automatically as you use the Services (which information may include usage details, Internet Protocol (IP) addresses and information collected through cookies and other tracking technologies), and (iii) from third parties (such as our business partners).
In connection with certain aspects of the Services, we may request, collect and/or display some of the following types of information from our registered users:
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- Member Account Information: When you create a Member Account you may be asked to provide the following information: name, email address, phone number, organization name, role in organization, number of players, organization website and zip code. If you subscribe to paid features or functions of the Services, we may also collect billing information from you.
- Sports Organization Information: Through your use of our Services, we may also ask you to provide statistics, demographic information, and/or other information relating to your sports organization or your organization’s registrants. We collect this information to allow you to use all the features and functions related to our Services, including scheduling and sports management and tracking tools. You shall not submit any information regarding your organization or its participants that you are not authorized to submit.
We may also collect the following information from any visitor to our Site, including, but not limited to registered users:
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- IP Address Information and Other Information Collected Automatically: Peak MVP automatically receives and records information from your web browser when you interact with the Services or the Site, including your IP address and cookie information. This information may be used for service functionality, to help us understand how users access a website, to fight spam/malware, to facilitate the collection of data concerning your interaction with the Services or the Site and for other similar purposes.
- Metrics and Performance Statistics: Peak MVP may collect and track metrics and performance statistics relating to use of the Services and the Site, and Peak MVP may use these metrics and statistics to generate analytics. This information may include, but is not limited to: (i) the IP address and physical location of the devices accessing the URLs provided through the Services; (ii) the referring websites or services; (iii) the time and date of each access and the amount of time spent on certain sections of the Site. These metrics and analytics may be used by Peak MVP and its partners to improve their websites and services and to conduct market research.
- Cookies: Our Site uses or may use “cookies” to gather non-personally identifiable information. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Generally, we use cookies to store information about your preferences and activity during and after your visit to a website. Most browsers automatically accept cookies, but you can usually refuse cookies, or selectively accept certain cookies, by adjusting the preferences in your browser. If you turn off cookies, though, there may be some features of our Site that will not be available to you and some Web pages may not display properly. By using the Site and/or Services, you consent to Peak MVP’s use of “cookies.”
You also may provide information to be published or displayed on public areas of the Services or transmitted to other users of the Services or third parties (collectively, “User Data”). User Data is posted on and transmitted to others at your own risk. Although we limit access to certain information, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services. Therefore, we cannot and do not guarantee that User Data will not be viewed by unauthorized persons.
- HOW WE COLLECT AND USE INFORMATION ABOUT YOU
We collect personally identifiable information, such as names and email address only when you provide it to us. If you do not wish for your personally identifiable information to be used or collected, please do not submit it to us. Do not submit personally identifiable information about others (for example, sports registrants) without their permission. Whether or not you choose to provide personal information is completely your own choice. But if you choose not to provide the information we request, you may be unable to use certain services, offers, and content on our Site, or that may be available by using the Services. Generally speaking, we use the information from and about you to: provide you with the features and functions of the Site and the Services; communicate with you regarding our Services and/or events, opportunities or promotions that may be of interest to you; provide users with superior service and with information, opportunities and features targeted to your organization; provide all visitors a smooth, efficient, and personalized experience while using our Site and/or Services. We do not use your personal identifiable information to make automated decisions. As discussed above, our web servers may automatically collect non-personally identifiable information, including the web page from which a visitor enters our Site, which pages a visitor visits on our Site, and how much time a visitor spends on each page. We aggregate this information and use it to evaluate and improve our Site and Services and use the information for market research purposes, including for our third-party sponsors/partners. We may also use information for research purposes, to develop new products and services, to analyze customer behavior and to help us understand how visitors use our Site and Services and to measure interest in the various pages, to gather statistical information, improve the content of our Site, to make our Site easier to use, or to provide information and statistics to our sponsors/partners. Additionally, we may use information that we collect about you or that you provide to us in any other way we may describe when you provide the information, as well as for any other purposes with your consent.
Following termination or deactivation of an account, we may retain information and content for backup, archival, audit or other business purposes, or otherwise in accordance with applicable laws. We may maintain anonymized, de-identified or aggregated data, including usage data, for analytics purposes. If you have any questions about data retention or deletion, please e-mail privacy@PeakMVP.com.
We do not explicitly transfer your personal information internationally. However, if you visit and interact with our Site from a non-US country, and you submit or retrieve personal information, as discussed above, this will constitute international transfer between you and our Site.
- HOW WE PROTECT YOUR INFORMATION
We use reasonable technological and physical safeguards to protect personally identifiable information you provide to us from loss, misuse and unauthorized access, disclosure, alteration, and destruction. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it.
The safety and security of your information also depends on you. We urge you to keep any password for use of the Services and/or Site in a safe place and not to divulge it to anyone. Also remember to sign off your account and close your browser window when you have finished your visit to the Site or your use of the Services.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
- DISCLOSURES TO THIRD PARTIES
We may share your information with third parties as follows:
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- With Service Providers: We may use other companies to perform services including, without limitation, facilitating some aspects of our Site or Services such as sending emails, processing payments, and fulfilling customer service requests. These other companies may be supplied with or have access to your information solely for the purpose of providing these services to you on our behalf.
- With Business Partners/Affiliates/Sponsors: We may share your information with the businesses with which we partner and/or affiliates or sponsors for the sports programs or platforms that you participate in. The information we share, and how it is used by our partners, may vary depending on whether you are a sports organizer or a sports registrant and whether you use a platform that is offered through a sponsored or affiliate program. For sports organizers and for sports registrants of sponsored or affiliated programs, our partners may contact you regarding events, opportunities or promotions that may be of interest to you or your sports organization. For sports registrants, our partners will only contact you with the approval of your sports organizer or if you otherwise opt in or consent to be contacted. You may also be given the opportunity to opt-in to receive additional communications from third parties relating to information, events or promotions that may be of interest to you or your sports organization.
- Special Circumstances: We also may disclose your information, including personally identifiable information, in the following circumstances:
- In response to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Site’ terms and conditions or other agreements or policies.
- In connection with a corporate transaction, such as the sale of all or a portion of our business, a divestiture, merger, consolidation, or asset sale, or in the event of bankruptcy. We will endeavor to contact you in the event of any of these transactions, but we do not promise to do so.
We may also share aggregated, non-personally identifiable information publicly, including with users, partners, or the press in order to, for example, demonstrate how our Services are used, evaluate industry trends, or to create our marketing materials. Any aggregated information shared this way will not contain any personal information.
Except as otherwise disclosed in this Privacy Policy, we do not share your personal information with third parties for direct marketing purposes without first obtaining your explicit consent to do so.
- HOW TO CORRECT OR REMOVE PERSONAL INFORMATION
If you do not want your personally identifiable information collected or stored, please do not submit it to us. If you have already submitted personal information and would like us to correct or remove your information from our records, please contact us at privacy@PeakMVP.com.
In addition, if at any time you no longer want us to send you any regular communications, you may “opt-out” of such future communications by clicking on the “unsubscribe” link at the bottom of the newsletter or email. To “opt-out” of products, programs, services, or offers from our trusted partners, please contact privacy@PeakMVP.com.
- SPECIAL NOTIFICATION FOR CALIFORNIA RESIDENTS
If you reside in California and you have provided us with personal information, you may request information about our disclosures of certain categories of your personal information (if any) to third parties for their direct marketing purposes. Such requests must be submitted to us at privacy@PeakMVP.com. Within thirty days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties (if any) for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the email address specified in this paragraph.
- CHILDREN UNDER THE AGE OF 13
The Site is not directed at and should not be used by children under the age of 13, and we do not knowingly collect personal information from children under 13. If you are under 13, you are not permitted to provide any information to or on the Services (including any information about yourself, such as your name, address, telephone number, e-mail address or any screen name or user name you may use). Only parents or legal guardians may create an account for youth leagues and/or submit information about youth sports participants. Peak MVP does not solicit or collect personal information from children under the age of 13. If we learn we have collected or received personal information from a child under 13, we will delete that information and any related account. By registering for the Site and/or Services, users represent and warrant that they are over 13 years of age.
- LINKS TO THIRD PARTY SITES AND/OR INTEGRATION WITH THIRD PARTY PLATFORMS
Our Site and Service may interface with third party sites and services (for example, social media platforms like Facebook, Twitter, Google+ or other third-party applications, sites or services). Our Site may also contain links to websites operated and maintained by third parties, over which we have no control.
Privacy policies for these third-party sites and services may be different from our privacy policy. You access these third-party sites and services at your own risk. You should always read the privacy policy of a linked site or integrated service before disclosing any personal information on such site and/or through such service. Peak MVP is not responsible for information you submit to third parties or through third party platforms.
- POLICY CHANGES
This Privacy Policy may change from time to time. To improve the services and opportunities it can offer you, Peak MVP may opt to expand its capabilities for obtaining information about users in the future. Peak MVP will update this privacy statement continually to ensure that you are aware of developments in this area. We will post those changes here so that you will always know what information we collect online on or through the Site and the Services, how we use it, and what choices you have. Your continued use of the Site and the Services after we make changes is deemed to be acceptance of those changes, so please be sure to check this page before proceeding to use the Site or the Services.
- QUESTIONS OR FEEDBACK
If you have any questions or comments regarding our privacy policy and practice, please email us at privacy@PeakMVP.com or write to us at Peak MVP, 38 W 21st St 7th floor, New York, NY 10010
Updated: May 25, 2018
Terms of Service
Please read these Terms of Service carefully as they contain important information regarding your legal right, remedies, and obligations. If you do not agree to these Terms of Service, you should leave the Site immediately and discontinue use of the Services immediately.
- OVERVIEW
Welcome to Peak MVP, a digital platform to manage and organize participatory sports. The Peak MVP platform (“Platform”) may be used and accessed by sports organizers who use the Peak MVP sports management software to interact with sports registrants and/or by sports registrants themselves. (Sports registrants refer to member account holders who are either (a) a sports participant over the age of 13 or (b) the parent or legal guardian of a youth sports participant under the age of 13.) As such, the Services (as defined below) may be offered to users by Peak MVP, itself, or by one or more third party league organizers who offer a white label or private-label version of our platform to their sports registrants.
These Terms of Service (these “Terms of Service”) constitute an agreement between you and Peak MVP, Inc. (“Peak MVP”, “we” or “us”). These Terms of Service, together with any documents expressly incorporated herein, govern your access to and use of the Platform, the website located at http://Peak MVP.com (the “Site”), including any content, functionality and services offered on or through the Platform or the Site, and any of our other services or products (the Platform, the Site and any of our other services or products, collectively, referred to as the “Services”), whether or not you register as a user and whether or not you are a sports organizer or a sports registrant. The terms “you” or “““your” refer to sports organizers, sports registrants and all visitors, users and others who access any of the Services.
By using the Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://Peak MVP.com/terms (“Privacy Policy”), incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Services.
If you are entering into these Terms of Service on behalf of an organization, you represent that you have the authority to bind the organization to these Terms of Service, in which case the terms “you” or “your” shall refer to the organization. If you do not have such authority, or if you do not agree with these Terms of Service, you must not use the Services.
You acknowledge and confirm that (i) you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained herein, (ii) these Terms of Service have the same force and effect as a signed agreement, (iii) you expressly accept and agree to be bound by the terms hereof, and (iv) you have independently evaluated all aspects of these Terms of Service and have entered into these Terms of Service without relying on any representation, guarantee or statement other than those expressly set forth in these Terms of Service.
In addition to these Terms of Service, in some cases, your use of the Services may be subject to additional terms and privacy policies. Specifically:
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- sports organizers’ use of the Services may be subject to amended or supplemental terms agreed to directly with Peak MVP that alter or modify these Terms of Service; and
- sports registrants’ use of the Services may be subject to the terms and/or policies of the third-party league organizer through whom the Peak MVP platform is made available. Peak MVP is not responsible or liable for the practices of companies, including sports organizers, that Peak MVP does not own or control or individuals that Peak MVP does not employ or manage. If sports registrants have any questions regarding whether any additional policies or agreements apply to their use of the Services, please contact your league organizer.
Peak MVP reserves the right to update and change these Terms of Service without notice, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the bottom of this page the date these terms were last revised. Your continued use of the Services or the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Services. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
- DESCRIPTION OF SERVICE
Peak MVP is a platform that enables participatory sports organizations to use digital sports management functionality and communicate with their members and other interested parties. We may also partner with third party sports leagues, organizations, or businesses to offer users and league organizers unique events, opportunities, products, or services. To take full advantage of all the functions and features of the Services, you must create a member account (“Member Account”) and a website for your organization (“Member Web Site”). To create a Member Account, we may ask you to provide the following information: name, email address, phone number, organization name, role in organization, number of players, organization website and zip code. It is a condition of your use of the Services that all the information you provide is correct, current, and complete.
Peak MVP disclaims all responsibility and liability for the availability, timeliness, security, or reliability of the Services. We reserve the right to add or remove functionalities or features of the Services, and we may suspend, restrict or stop your access to all or part of the Services, with or without notice at any time and without any liability to you, for any reason, including, for example, if you do not comply with these Terms of Service or if we are investigating your suspected misconduct. We also reserve the right to modify, suspend or discontinue the Services, or add or create new limits to our Services, with or without notice at any time and without any liability to you.
In addition, Peak MVP disclaims, and sports organizers accept all responsibility and liability for the use of such sports organizers’ Member Web Sites by sports registrants or any other third parties. Furthermore, Peak MVP disclaims, and sports registrants accept all responsibility and liability for the use of sports organizers’ Member Web Sites.
- CONDITIONS OF USE
Your use of the Services and any of its functions or features is always subject to these Terms of Service and any other applicable third-party terms.
You agree that all information you provide to register with or use the Services or otherwise is correct, current and complete and is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. To the extent that you provide any information, including but not limited to personal information or information related to any sports organizer or sports participant, to Peak MVP or its representatives, or access or seek access to any such information through the Services, you represent, warrant and covenant that (i) you are providing or accessing only your own information or the information of others that you are authorized to provide to third parties, and you have all required consents and permissions required to share such information with Peak MVP; (ii) the use of such information by Peak MVP and its representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties, or violate any applicable law, rule or regulation; and (iii) you will not provide any information or otherwise use the Services in a manner that is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that jeopardizes the security of your account in any way.
You must not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must access the Services using applications provided by Peak MVP or using a standard web browser. Using automated tools to access, upload or download content is not permitted. You must be 18 years of age or older to create an account or web site on Peak MVP. Fraudulent accounts will be terminated. Only parents or legal guardians may create an account for individuals under the age of 13 or for youth leagues and/or submit information about individuals under the age of 13 or about youth league participants.
- ACCOUNT SECURITY
If you choose, or are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity outside of your organization. You acknowledge and agree that, except with respect to your organization, (i) your account is personal to you and you will not provide any other person with access to the Services using your user name, password or other security information, and (ii) you will notify us immediately of any unauthorized access to or use of your account or any other breach of security.
- ACCOUNT OWNERSHIP POLICY
We are not responsible or liable for any account ownership disputes that may arise with respect to Member Accounts or Member Web Sites. In the event of a dispute regarding account ownership, our policy is to not make any changes to account ownership unless and until we are able to reasonably determine the rightful account owner. As such, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, payment information related to the account, and other verifiable documentation. Peak MVP reserves the right, at its sole discretion, to, at any time, determine the rightful owner of Member Accounts and Member Web Sites and transfer an account to the rightful owner. Our determination of account ownership will be final and binding on the parties involved in the dispute. If we are unable to reach a determination of account ownership, we may terminate your Member Account and/or Member Web Site.
You acknowledge and accept the foregoing account ownership policy, agree not to bring any claim in the form of a lawsuit or otherwise against Peak MVP arising out of such policy and our ownership determination, agree immediately to dismiss any claim so brought, and hereby indemnify and release Peak MVP from all liability and all claims for damages or any other liability whatsoever that may arise out of such policy.
- TERMINATION/CANCELLATION OF MEMBER ACCOUNT OR MEMBER WEB SITE
Either Peak MVP or you may terminate or cancel a Member Account or Member Web Site at any time without notice. You understand and agree that your cancellation of your Member Account is your sole right and remedy with respect to any dispute with Peak MVP.
If you decide to terminate or cancel your Member Account or Member Website, you may use available Peak MVP tools to export all of your data and information.
- SERVICE FEES
You acknowledge that Peak MVP reserves the right to charge for the Services and/or specific functions or features of the Services and to change its fees from time to time in its discretion. In the event of a termination of your Peak MVP account for any reason, whether by Peak MVP or by you, you shall not be entitled to a refund of any unused portion of the fees paid by you to use the Services. Further, you will be responsible to Peak MVP for an additional cancellation fee, should Peak MVP choose to charge such cancellation fee.
If you wish to purchase Services or products described on the Site (each, a “Transaction”), you will be asked to supply certain information applicable to your Transaction, including, without limitation, credit card and other information. You understand that any such information will be treated by Peak MVP in the manner described in our Privacy Policy. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your Transactions. In addition to these Terms of Service, your Transaction shall be subject to any additional terms applicable to such services, features, or purchases. You acknowledge that complying with laws is your responsibility, and YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you or for which you are expressly authorized to use. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses. You grant Peak MVP the right to provide any information you submit on the Site to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your membership may be cancelled, we may refuse to honor all pending and future purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, your Member Account and/or your Member Web Site may be terminated and you may be prohibited from accessing or using the Services.
By purchasing any Services, you hereby authorize Peak MVP to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen purchase. You hereby understand and agree that in most cases, Peak MVP will be charging your designated credit card in accordance with the payment schedule of the Transaction or Service for which you have registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. You further understand and agree that it is your responsibility to notify Peak MVP of any changes to your credit card or if your credit card has expired, otherwise your access to the Services may be disconnected or interrupted. All fees shall be paid in U.S. dollars.
You agree to pay your account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your Transaction or use of the Services. Amounts not paid by you to Peak MVP when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorneys’ and collection fees, that Peak MVP may incur in its efforts to collect any remaining balances due from you. These Terms of Service shall in no way limit any other remedies available to Peak MVP. You also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your account or your account is terminated. Peak MVP reserves the right, at its sole discretion, to retroactively charge your credit card (or other applicable payment mechanism) for any outstanding balances greater than sixty (60) days old. You must notify Peak MVP of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify Peak MVP within sixty (60) days, you waive any right to dispute such problems or discrepancies.
You are solely responsible for all of the terms and conditions of any transactions involving the purchase or sale of products or programs by you through a Member Website, including without limitation, terms regarding payment, returns, warranties, shipping, handling, transportation, storage, liability, insurance fees, applicable taxes, title and licenses, all of which must be in accordance with applicable law. Sports organizers and sports registrants must resolve all questions or disputes regarding the foregoing directly with each other. Peak MVP is not responsible or liable for the practices of sports organizers or sports registrants, or for sports organizers’ and sports registrants’ interactions with each other or use of Member Web Sites, including without limitation any claims for payments or refunds.
- THIRD PARTIES AND USER INTERACTIONS
The Services may contain links to third party websites or services that are not owned or controlled by Peak MVP (including Member Web Sites), and includes features that allow you to interact and communicate with third parties (including sports organizers and sports registrants). When you access third party websites or interact or communicate with third parties through the Services, you do so at your own risk. Peak MVP has no control over and assumes no responsibility for, the content, information, materials, services, products, privacy policies or practices of, or opinions expressed in, any third party websites, or which are posted to or through the Services by other parties, including those embedded within Member Web Sites. Your interactions with organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.
Peak MVP is not responsible for the actions, content, information, or data of any third parties, including sports organizers, sports registrants, or other users. You are solely responsible for your interactions with sports organizers, sports registrants or other users of the Services, and any other parties with whom you interact through the Services. Additionally, your dealings with third parties found on the Services or participation in their promotions or activities, including payment and delivery of goods or services, and any other terms of those relationships (such as warranties or liability) are solely between you and such third parties. You agree that Peak MVP shall not be responsible for any harm, loss, or damage of any sort relating to your dealings with such third parties (including in relation to your participation in any activities of sports organizers).
If you have a dispute with one or more users or any other parties with whom you interact through the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
- MEMBER CONTENT
You are legally responsible for all data, content, or other information (“Member Content”) uploaded, posted, or stored through your Member Account or on your Member Web Site or otherwise through your use of the Services. You are responsible for any Member Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information, and disclosure. Peak MVP does not control the Member Content posted via the Services and as such, does not guarantee the accuracy, integrity, or quality of such content. Peak MVP reserves the right, in its sole discretion, without notice at any time, to (a) review the Member Content posted via the Services; (b) edit, remove or refuse to post any Member Content, in whole or in part, for any or no reason in our sole discretion; (c) take any action with respect to any Member Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Member Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for Peak MVP; (d) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (e) disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request; (f) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (g) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, your violation of these Terms of Service or any other agreement between you and Peak MVP.
Peak MVP claims no intellectual property rights over the Member Content you provide to the Services. Your Member Content remain yours. However, you grant to Peak MVP and its related companies, affiliates and partners an irrevocable, worldwide, royalty-free license to (a) host, use, copy, store, distribute, publicly perform and display, modify, and create derivative works of (such as changes we make so that your content works better with our Services) such Member Content as necessary to provide, improve and make the Services available to you and other users, including through any future media in which the Services may be distributed, (b) use and disclose metrics and analytics regarding the Member Content in an aggregate or other non-personally identifiable manner (including for use in improving our Services or in marketing and business development purposes), (c) use any Member Content that has been de-identified for any product development, research or other purpose (including after termination of your use of the Services), and (d) use any Member Content for other purposes permitted by our Privacy Policy. You are responsible for making sure that you have all rights in the Member Content, including the rights necessary for you to grant us the foregoing license to the Member Content.
We will only share and use your personally identifiable information in accordance with our Privacy Policy.
If you choose to submit any feedback, suggestions or ideas (“Submissions”), you acknowledge and agree that: (a) your Submissions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Submissions; (c) we are entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Submissions already under consideration or in development; (e) your Submissions shall automatically become the property of Peak MVP without any obligation of Peak MVP to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Peak MVP under any circumstances.
In connection with any Member Content, you represent and warrant the following:
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- If you are a sports organizer that uses Peak MVP to perform Services on your behalf, you agree that you are solely responsible for posting all applicable privacy policies or notifications on your Member Web Site, for making all appropriate disclosures to visitors to your Member Web Site and to other end users whose information you collect, and for obtaining any necessary consent(s) from such individuals, with respect to your collection and use of personal information and including your disclosure of user personal information to service providers such as Peak MVP.
- If you are a sports organizer that uses Peak MVP to perform Services on your behalf and you collect personal information from individuals, you acknowledge and agree that you will not collect or cause to be collected and shared with Peak MVP or hosted on Peak MVP’ servers certain types of personal information that could trigger state breach notification laws in the event the information is accessed by an unauthorized person, including, but not limited to, social security, driver’s license, bank account or credit card numbers, unless such information is provided to Peak MVP in a system specifically designed to protect and store such information. If such information is shared with Peak MVP or hosted on Peak MVP’ servers in a manner that Peak MVP deems to be insecure, Peak MVP has the right, but not the obligation, in its sole discretion to delete and remove any personal information stored on its systems that it deems to be stored in an unsecure manner. In the event that an incident of unauthorized access or disclosure of such data triggers state breach notification laws because of your breach of this section, you agree that you will be wholly responsible for the timing, content, cost and method of any such notice and compliance with such laws.
- MEMBER CONDUCT
You agree not to use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following:
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- Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing , offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
- Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor);
- Except as otherwise permitted by Peak MVP in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding.
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
- INTELLECTUAL PROPERTY
The Services and all past, present and future content of the Services, including all software and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Peak MVP, are (i) owned by Peak MVP, its licensors or other providers of such material, (ii) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) are intended solely for the personal, non-commercial use of our users, and (iv) may only be used in accordance with these Terms of Service.
You may not use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit any content on the Services for any purpose other than as expressly permitted under these Terms of Service. You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Services.
If you are a sports organizer, you hereby grant Peak MVP a non-exclusive, limited right to use your organization’s trade name, trademarks, service marks, logos and other distinctive or proprietary brand features for promotional, marketing and service implementation purposes in connection with your use of the Services.
- COPYRIGHT INFRINGEMENT
We respect the intellectual property of others and we expect our users of the Services to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who infringe or potentially infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to our agent for notice of claims of copyright or other intellectual property infringement (the “Copyright Agent”): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed (the “Disputed Material”); (iii) a description of where the Disputed Material is located on the Services; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that use of the Disputed Material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the Disputed Material, or are authorized to act on behalf of the owner of the Disputed Material.
Our Copyright Agent can be reached as follows:
Copyright Agent
c/o Peak MVP, LLC.
1200 Lake Saint Louis Blvd
Lake Saint Louis MO 63367
E-mail: admin@PeakMVP.com
- LIMITATIONS
PEAK MVP IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY ASSOCIATED CONTENT OR MEMBER CONTENT, OR (B) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICES, INCLUDING OTHER USERS.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. IN NO EVENT WILL PEAK MVP, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO PEAK MVP FOR USE OF THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- INDEMNIFICATION
You agree to defend, indemnify and hold harmless Peak MVP, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your access to, use, or misuse of the Services, (ii) your violation of these Terms of Service or any additional terms applicable to your use of the Services, or (iii) the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, including in connection with your Member Content.
- RELEASE AND WAIVER OF RIGHTS
You release Peak MVP and expressly waive all claims against Peak MVP that may arise from your use of the Site and/or the Services. Specifically, without limitation, by providing information and/or uploading content within the Site and/or the Services, you release Peak MVP and expressly waive all claims against Peak MVP arising from or relating to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, moral rights, or any other rights under any applicable laws that may arise from your use of the Site and/or the Services.
- DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE MATERIALS APPEARING ON THE SITE COULD INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. YOUR USE OF THE SERVICES AND ANY CONTENT ON THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PEAK MVP NOR ANY PERSON ASSOCIATED WITH PEAK MVP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER PEAK MVP NOR ANYONE ASSOCIATED WITH PEAK MVP REPRESENTS OR WARRANTS THAT ANY OF THE MATERIALS ON ITS SITE OR ANY MEMBER WEB SITE ARE ACCURATE, COMPLETE, OR CURRENT OR THAT THE SERVICES OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL PEAK MVP BE RESPONSIBLE OR LIABLE FOR (I) MAINTAINING, STORING OR TRANSMITTING DATA GENERATED THROUGH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION DATA YOU INPUT REGARDING SPORTS PARTICIPANTS; AND (II) ANY CHANGES OR MODIFICATIONS TO SETTINGS FOR THE SERVICES OR MODIFIED FUNCTIONALITY OF THE SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO BACK-UP ALL DATA INPUT, SUBMITTED OR OTHERWISE PROVIDED THROUGH THE SERVICES BY YOU, AND YOU ACKNOWLEDGE AND AGREE THAT PEAK MVP SHALL NOT BE RESPONSIBLE OR LIABLE FOR PROVIDING ANY COPIES THEREOF TO YOU. YOU ACKNOWLEDGE AND AGREE THAT UPON CONCLUSION OR TERMINATION OF THE TERM OF THE SERVICES, ANY AND ALL DATA INPUT, SUBMITTED OR OTHERWISE PROVIDED THROUGH THE SERVICES BY YOU MAY BE DELETED AND DESTROYED, AND COPIES OF SUCH INFORMATION AND DATA MAY NOT BE AVAILABLE TO SHARE WITH YOU.
PEAK MVP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- GOVERNING LAW AND DISPUTE RESOLUTION
Initiating a Formal Claim
Any and all disputes or claims (including the interpretation and scope of this clause, and the arbitrability of the dispute or claim) between you and Peak MVP shall be resolved by the processes set forth in these Terms of Service. Peak MVP provides the Services to you on the condition that you accept the dispute resolution provisions described below. Accordingly, if you initiate any claim against Peak MVP in any other manner, you shall be in violation of these Terms of Service and you agree that Peak MVP shall be entitled to have such action dismissed or otherwise terminated. You further agree to reimburse Peak MVP for its reasonable costs incurred in defending against such improperly initiated claim. You agree that prior to initiating any formal proceedings against Peak MVP, you will send us a notice to admin@PeakMVP.com and state that you are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within thirty (30) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms of Service.
Alternative Dispute Resolution Process
Subject to any applicable laws, if a claim arises between you and Peak MVP with a total value of less than $10,000, the party initiating the claim may elect to have the dispute resolved pursuant to a binding arbitration process that does not require attendance in person. This “Alternative Dispute Resolution Process” shall be initiated by either party sending notice to the other, in which event you and Peak MVP agree to use our reasonable efforts to agree within thirty (30) days upon an individual or service to manage the Alternative Dispute Resolution Process (the “Arbitration Manager”) according to the following requirements: (i) neither party shall be required to attend any proceeding in person, (ii) the proceeding will be conducted via written submissions, telephone or online communications or as otherwise agreed upon, (iii) the fees for the Arbitration Manager will be borne equally by the parties or be submitted to the Arbitration Manager to determine as part of the dispute and (iv) the judgment rendered by the Arbitration Manager may be entered in any court of competent jurisdiction for enforcement.
Arbitration Agreement
Except as otherwise provided herein, you and Peak MVP agree that all disputes or claims that have arisen or may arise between us shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Our arbitration proceedings would be conducted by the American Arbitration Association (“AAA”) under its rules and procedures applicable at that time, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by this Arbitration Agreement. You may review those rules and procedures, and obtain a form, known as a “Demand for Arbitration,” for initiating arbitration proceedings at www.adr.org. The arbitration shall be held in New York, New York. If the value of the relief sought is $10,000 or less, either of us may elect to have the arbitration conducted according to the Alternative Dispute Resolution Process described above.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users of the Services but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.
The AAA rules will govern the payment of all filing, administration, and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise. The parties will share the costs of the arbitration until the final determination is made, at which point, the arbitrator will be permitted to award the prevailing party legal costs of the arbitration.
YOU AND PEAK MVP AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING (REFERRED TO HEREIN AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS”). UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF THE SERVICES.
Except with respect to the Prohibition of Class and Representative Actions described above, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then this entire Arbitration Agreement shall be null and void. The remainder of these Terms of Service and this section will continue to apply.
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this Arbitration Agreement. Such claims shall be exclusively brought in the state or federal courts located in New York, New York. Additionally, notwithstanding this Arbitration Agreement, either party may seek emergency equitable relief before the state or federal courts located in New York, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within New York, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- VIOLATIONS
Please report any violations of these Terms of Service directly to Peak MVP.
- PRIVACY
You agree to allow Peak MVP and/or its service providers, partners, sponsors, and affiliates to use your information consistent with our Privacy Policy. Sports organizers agree to use any sport registrant information that is collected through and/or stored within the Services in a manner that is consistent with the Privacy Policy and provide at least the same level of protection for personal information as that provided by Peak MVP. Peak MVP is not responsible and disclaims all liability for any use or loss of data or information collected through or stored within the Services by sports organizers.
- WAIVER AND SEVERABILITY
No waiver by Peak MVP of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Peak MVP to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
- ENTIRE AGREEMENT
These Terms of Service, our Privacy Policy, and any agreement you may enter into with Peak MVP in connection with the Services, if applicable, constitute the sole and entire agreement between you and Peak MVP with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
- MISCELLANEOUS
Peak MVP shall not be liable for any failure to perform its obligations hereunder. These Terms of Service and any subsequent versions of these Terms of Service posted to the Site will be deemed a legally binding contract signed by both parties. No agency, partnership, joint venture, or employment is created because of these Terms of Service and you do not have any authority of any kind to bind Peak MVP in any respect whatsoever.
- ADDRESS AND CONTACT INFORMATION
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at:
Peak MVP, Inc.
1200 Lake Saint Louis Blvd
Lake Saint Louis MO 63367
admin@PeakMVP.com