Terms of Use
ATTENTION: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING WWW.PEPPERPEAK.COM (THIS "WEBSITE"). THE WEBSITE IS OWNED AND OPERATED BY AFFINITRIX, LLC (“AFFINITRIX”) THESE TERMS OF USE CONSTITUTE AN AGREEMENT BETWEEN YOU AND AFFINITRIX.
USE OF THIS WEBSITE CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TERMS OF USE AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE. AFFINITRIX RESERVES THE RIGHT TO MODIFY THESE TERMS OF USE WITHOUT NOTICE AND ANY MODIFICATIONS ARE EFFECTIVE WHEN THEY ARE POSTED HERE.
All Rights Reserved
The copyright in this entire Website, materials hosted on the website, and publications generated therefrom is held by Affinitrix or its licensors. All material provided on this Website is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on this Website may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of Affinitrix. Individual visitors of this Website are permitted to download or print one copy of material published on this Website solely for their personal, non-commercial use, provided they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein. Affinitrix does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret laws.
The trademarks, logos and service marks (collectively referred to as "Trademarks") displayed on this Website are registered and unregistered Trademarks of Affinitrix and no trademark license either express or implied is granted by Affinitrix. You do not have any right to use any Trademark displayed on this Website without prior written permission of Affinitrix. Trademarks are one of our most valuable business assets. In the event of unauthorized use or misuse of its Trademarks, Affinitrix will pursue its legal remedies without delay.
Any software that is available for download from this Website is the copyrighted property of Affinitrix and/or its suppliers. Any use or reproduction of any such software and warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Website, if any, is governed by the terms of the agreement applicable to that product or service.
Access to Website
Affinitrix may, at any time, in its discretion terminate your access to this Website. Access to the Website may be monitored by Affinitrix If you are accessing this Website as a representative of an organization, these Terms of Use bind both you individually and the organization and references to "you" and "your" shall be construed to apply to you individually and the organization.
As a condition of your use of this Website, you will not use the Website or the Website information for any purpose that is unlawful or prohibited by these Terms of Use. You will not use this Website in any manner that could damage, disable, overload or impair the operation of this Website or use by third parties. You shall not post or otherwise transmit to or from this Website by any means any defamatory, libelous, obscene, unlawful, or pornographic material or any other material or information which could result in any civil or criminal liability.
Certain restricted product information is available on this Website only to licensed customers of Affinitrix that are registered to receive information via passwords issued by Affinitrix. This restricted information is considered confidential and proprietary information of Affinitrix. If you are a registered customer or a representative of a registered customer, Affinitrix authorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, only within the customer organization, and only for the intended purposes authorized by Affinitrix. Issuance of a registration password is conditioned on the customer's use of the information in accordance with the terms of its license or service agreement with Affinitrix. You shall not transfer your password to unauthorized parties. You will immediately notify Affinitrix of any unauthorized use of your password. You are responsible for use of your password. You will not attempt to gain unauthorized access to any Website information or area within this Website.
You may link to the Website home page, but are not authorized to link to any other page on the Website without the prior express written consent of Affinitrix provided that Affinitrix reserves the right to withdraw this consent at any time in its discretion. You may not use any of Affinitrix's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Affinitrix or Pepper Peak; 2) cause confusion, mistake, or deception; 3) dilute Affinitrix's trademarks, service marks or trade names; or 4) otherwise violate applicable law.
Website information may refer to products, programs or services that are not available in your country. Consult your Affinitrix representative for information about the products, programs and services that may be available to you.
Third Party Information
Certain information available on this Website is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the originating party and that Affinitrix has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a Web link to another party's Website an endorsement of such other party, their products or their services.
Submission of Ideas
Affinitrix and its employees are in constant development of new products, technologies, product enhancements, processes, materials, marketing and promotional plans, and product names. We welcome you to submit your ideas for us to review and provide comments. Because we receive a number of submissions, Affinitrix may not review or provide comments on your submission and shall assume no responsibility for doing so. By submitting your idea, you grant to Affinitrix a limited, non-exclusive, royalty free license to evaluate and use such submission. That license permits us to evaluate, use, and understand your submission while allowing you to retain ownership of the submission. All submissions will be non-confidential and will not be returned. There may be times that your submission is similar to an idea Affinitrix is developing or has developed. In order to avoid any misunderstanding as to ownership, priority, or rights to any particular idea, you agree that Affinitrix shall retain all rights to the products that it develops and you will not contest Affinitrix’s rights in those products. You agree that you will bring no legal action against Affinitrix and will hold Affinitrix harmless for any products Affinitrix designs, develops, makes, sells, or markets, even if your submitted idea was similar.
Feedback
Affinitrix welcomes user feedback regarding its business and products. In providing feedback, however, users should be mindful of Affinitrix’s Submission Policy, set forth in these Terms of Use. If you want to send us your feedback, please provide only specific feedback on Affinitrix’s existing products, promotions, or business. Do not include any submissions that Affinitrix’s Terms of Use will not permit Affinitrix to consider. All feedback shall be deemed non-confidential and Affinitrix shall be free to use such feedback on an unrestricted basis.
Contests and Sweepstakes
Affinitrix may run contests or sweepstakes of various types from time to time. Such promotions may be promoted or described on this Website, or may include use of the Website as part of the operation of the contest or sweepstakes. All such contests and sweepstakes are subject to the complete and official rules of the contest or sweepstakes even if those rules are not found on this Website, and are void where prohibited, taxed or regulated. Mention of such a contest or sweepstakes on this Website is not an offer to participate in the contest or sweepstakes, and does not trigger any obligation to participate, or change the odds of winning in any way.
Submission of a user’s name, photograph, likeness, statements, biographical information, voice and address (city and state) as part of any contest, sweepstakes, or when a user provides such information shall give Affinitrix permission to use such information in all forms of media, in perpetuity, without notice or further compensation.
Coupons
Affinitrix may allow consumers to download discount coupons from our Website. All such coupon offers are subject to all of the rules and regulations stated thereon and on the portions of the Website relating thereto, and all coupons are void where taxed, regulated or restricted. No coupons may be transferred or reproduced in any way. Attempts to circumvent or violate the limitations on any coupons or offers voids the coupon or offer.
Disclaimer and Limitation of Liability
Without limiting the foregoing, everything on the Website is provided to you “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF THE INFORMATION, and those arising from a course of dealing, usage, or trade practice. ADDITIONALLY, WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVERS MAKING THE WEBSITE AVAILABLE ARE VIRUS FREE.
It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. We do not warrant that access to the Website or use of the Website will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Released Parties as defined below do not warrant or make any representations regarding the use or the result of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise.
Neither Affinitrix nor any of its affiliates or suppliers or its or their officers, directors, employees, agents, representatives or subcontractors and Lori Greiner (“Released Parties”) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war or other like causes beyond the reasonable control of Affinitrix. Affinitrix shall have no responsibility to provide access to this Website while the interruption of this Website due to any such cause shall continue. Affinitrix may discontinue providing access to this Website at any time.
Released Parties make no representations or promises to develop, provide or market any software, service or product discussed on this Website, and you shall not rely on the information provided or the prospect of availability of any software, service, or product currently in development or currently anticipated to be made available in the future.
IN NO EVENT WILL ANY MEMBER OF RELEASED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS SITE OR ANY SITE LINKED TO WWW.LORIGREINER.COM. WITHOUT LIMITING THE FOREGOING, NO MEMBER OF RELEASED PARTIES SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS WEBSITE OR ANY WEBSITE INFORMATION WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAW OR CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Indemnification
You agree to release, defend, indemnify and hold Affinitrix, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or in any way connected with your access to or use of this Website or any Website information, or breach of these Terms of Use.
Export and Trade Controls
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Website or any Website information provided on or pursuant to this Website except in full compliance with all United States, foreign and other applicable laws and regulations.
Jurisdiction
Affinitrix controls and operates this Website from Plymouth, Minnesota, in the United States of America. These Terms of Use, and the agreement they create, shall be governed by and interpreted according to the laws of the State of Minnesota. You agree that any and all disputes, claims, and causes of action arising out of or connected with this website or any sweepstakes or promotion shall be resolved individually, without resort to any form of class action. Agreement to the Terms of Use shall be deemed to have been executed in Plymouth, Minnesota. Unless expressly stated otherwise, you consent to the personal jurisdiction and venue of the courts in Plymouth, Minnesota, expressly waive any objection to such jurisdiction and venue, and further consent that any process, notice of motion or other application to such courts or a judge thereof may be served outside the State of Minnesota by registered or certified mail or by personal service, provided that a reasonable time for appearance is allowed.
Termination
This Agreement is effective until terminated by either party.
You may terminate this agreement at any time, by destroying all materials obtained from the Website, along with all related documentation and all copies and installations.
Affinitrix may terminate this agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
In addition, by providing material on a Website, Affinitrix does not in any way promise that the materials will remain available to you. Affinitrix is entitled to terminate all or part of any of its Website at any time, without notice to you.
Copyright Policy
Affinitrix prohibits the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner. In particular, if you are a copyright owner or an agent thereof and believe that any Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at the Site;
(iii) Identification of the material on the Site that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement can be reached at copyright@pepperpeak.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service at info@pepperpeak.com. You acknowledge that if you fail to comply with all of the requirements of this Section 9, your DMCA notice may not be valid.
Privacy Policy
See Affinitrix's Privacy Policy, which is incorporated in the Terms of Use, relating to the collection and use of information through this Website.
Entire Agreement
These Terms of Use shall constitute the entire agreement (including the Privacy Policy set forth herein) between you and Affinitrix regarding the use of the Website. The failure of Affinitrix to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
Severability
If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.