Last Updated: 1st July, 2022
We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your Agreement with us if you use those Services. If there is conflict between this Agreement and the additional terms, the additional terms will control for that conflict.
- Affiliation with Third Parties. Peak Reviews provides a convenient location for businesses to manage their online reputation. In doing so, we may provide links to and descriptions of numerous third-party review platforms including but not limited to information about their products, services, activities, events and content (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. You acknowledge that use of such Third-Party Content may be subject to additional terms and conditions. You further agree it is your responsibility to review and comply with such additional terms and conditions to the extent applicable. Peak Reviews does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
Additionally, Peak Reviews is not affiliated with or endorsed by any of these third parties, nor is it in a joint venture relationship or partnership with any of these third parties. Such third-parties are not associated in any way with the Peak Reviews, the Website or Services. To the extent Peak Reviews uses any tradenames or trademarks associated with such third-parties, it does so solely to identify those companies and their services. Peak Reviews makes no claim as to ownership of such third-party trademarks.
- Your Peak Reviews Account and Page. You may need to register for an account to access some or all of our Services or the Website. If you register for an account, you must provide accurate account information and promptly update this information if it changes. If you create a page on the Website, you are solely responsible for maintaining the security of your account and page, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the page. You agree to immediately notify us if you discover or suspect that someone has accessed your account or used Services without your permission including without limitation breaches of security. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. You must not describe or assign keywords to your page in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Peak Reviews may change or remove any description or keyword in its sole discretion.
- Responsibility of Contributors; Representations and Warranties. The Website and Services may allow you and other users to create, post, store, comment, and share content, including without limitation messages, text, photos, videos, software, links and other material (collectively, “Content”). Except for the license you grant below, you retain all rights in and to your Content, as between you and Peak Reviews. You are entirely responsible in all respects for the Content of, and any harm resulting from, that Content. You may not create, post, store or share any Content that violates this Agreement or for which you do not have all rights necessary to grant us the license described below. Additionally, you represent and warrant that your Content, and our use of such Content as permitted by this Agreement, will not violate any rights of or cause injury to any person or entity. You also represent and warrant that:
- you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Website or Services;
- your actions and the Content comply with the terms of service of any third-party websites or services with which you interact. For example, many review sites strictly limit or prohibit the practice of offering incentives to customers in exchange for reviews;
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- you will not use the Website or Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement;
- your page is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other pages and web sites, and similar unsolicited promotional methods;
- you will not sell, resell or commercially use the Website or Services, except as contemplated in this Agreement;
- you will not copy reproduce, distribute, publicly perform or publicly display all or portions of the Website or Services, except as expressly permitted by us or our licensors;
- you will not modify the Website or Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website or Services or that could damage, disable, overburden or impair the functioning of the Website or Services in any manner;
- you will not reverse engineer any aspect of the Website or Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Website or Services;
- you will not use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from the Website or Services;
- you will not develop or use any applications that interact with the Website without our prior written consent;
- your page is not named in a manner that misleads your readers into thinking that you are another person or company; and
- you have, in the case of Content that includes computer code, accurately categorized and described the type, nature, uses and effects of the materials.
By submitting Content to Peak Reviews, you grant Peak Reviews a perpetual, irrevocable, world-wide, royalty-free, non-exclusive, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your Content and any name, username or likeness provided in connection with your Content in all media formats and channels now known or later developed without compensation to you. You also hereby expressly grant Peak Reviews a perpetual, irrevocable, world-wide, royalty-free, non-exclusive, fully paid, and sublicensable license to reproduce, modify, adapt and publish your business name and related trademarks in connection with the operation and promotion of the Website or Services.
Although we have no obligation to screen, edit or monitor Content, we may at any time and for any reason with or without notice in our sole discretion (i) refuse or remove any Content that, in Peak Reviews’s sole discretion, violates any Peak Reviews policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website and Services to any individual or entity for any reason or no reason. Peak Reviews has no obligation to provide a refund of any amounts owed or previously paid.
- Bundled Offerings. As part of the Website or Services, we may offer a bundled offering that incorporates certain third-party products and services (“Bundled Offering”). As a condition to purchasing and using a Bundled Offering, we may require you to agree to additional terms and conditions (“Bundled Offering Terms”). The Bundled Offering Terms will become part of this Agreement upon the purchase or use of the Bundled Offering and all references to Services and the Agreement herein will henceforth include Bundled Offering and the Bundled Offering Terms respectively. Moreover, you agree to immediately report any failures or breaches of such Bundled Offering Terms to us. Certain additional restrictions and limitations may apply to each Bundled Offering. Additionally, Peak Reviews reserves the right to terminate access to or the provision of any Bundled Offering at any time without notice in its sole discretion.
- Payment; Billing and Renewal; Non-payment and Suspension.
- Charges and Payment of Fees. You must pay all fees and charges to your account in accordance with the fees, charges, and billing terms in effect at the time such fee or charge is due and payable. The initial charges will be equal to the current subscription and any additional locations added, except as otherwise agreed to in writing. All payment obligations are noncancelable and all amounts owed or paid are nonrefundable. You acknowledge and agree that we will not refund any amount due to lack of usage of the platform or Services. Peak Reviews may require that you provide us with valid credit card as a condition to signing up for the Website or Services. An authorized administrator may add additional locations via the My Account tab in your account. Added locations will be subject to the following: (i) added locations will be coterminous with the preexisting subscription term (the initial term or renewal term, as applicable); (ii) the fee for the added locations will be the then current, generally applicable location fee. Peak Reviews reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 14 days prior notice to you, which notice may be provided by e-mail or via the Website or Services. All pricing terms are confidential, and you agree not to disclose them to any third party.
- Free Trial. It is of Peak Review’s sole discretion to offer a free trial use of the Services. The period of the free trial is of minimum 14, maximum 30 days depending on previously agreed terms. The free trial offer can be applied to a minimum of 1 location, maximum of 2 location depending on previously agreed terms. As part of the free trial, there are no fees or charges due. Peak Reviews reserves the right to cease the free trial period at any point, upon at least 14 days prior notice to you, which notice may be provided by e-mail or via the Website or Services.
- Billing and Renewal. Peak Reviews charges and collects in advance for use of the Website and Services, as applicable. Peak Reviews will automatically renew and bill your credit card or issue an invoice to you.
Monthly subscriptions will be billed and are due on the first calendar day of every month. Any changes made to the account during the month (subscription, locations, any other add-ons) will be deducted in accordance with this Agreement or as otherwise agreed to in writing from the card on file immediately.
Yearly subscriptions will be billed on each anniversary or as otherwise agreed to in writing. Any changes made to the account during the year (subscription, locations, any other add-ons) will be deducted in accordance with this Agreement or as otherwise agreed to in writing from the card on file immediately as an annual charge.
The renewal charge will be equal to the then-current subscription and number of total locations and add-ons in effect during the prior term, unless Peak Reviews has given you at least 14 days prior written notice of a fee increase, which will be effective upon renewal and thereafter. Additional fees for other Services will be charged as agreed to on a case-by-case basis.
You agree to provide Peak Reviews with complete and accurate billing and contact information. This information may include without limitation your legal name, company name (if applicable), street address, e-mail address, and name and telephone number of an authorized billing contact and authorized administrator. You agree to update this information promptly but in no event later than 30 days of any change to it. If the contact information you have provided is false or fraudulent, Peak Reviews reserves the right to terminate your access to the Website and Services in addition to any other legal remedies.
If you believe your bill is incorrect, you must contact us in writing within 10 days of the invoice date containing the invoice and amount in question to be eligible to receive an adjustment or credit. All adjustments and credits are determined by Peak Reviews in its sole discretion.
- Non-payment and Suspension. All Peak Reviews invoices are issued and are due on the first calendar day of every month. In addition to any other rights granted to Peak Reviews herein, Peak Reviews reserves the right to suspend or terminate this Agreement or your access to and use of the Website and Services if your account becomes delinquent. You will continue to be charged for your subscriptions and any add-ons during any period of suspension. When your account is brought to current status during your period of suspension, you must contact the Peak Reviews Customer Success Team by email (email@example.com) in order to remove the suspension on your account. Accounts that continue to be delinquent for 30 consecutive days may be cancelled in our sole discretion. Upon such cancellation, you agree that all amounts owed, accrued and contracted for will become immediately due and that Peak Reviews will not be responsible for any data lost as a result of such cancellation.
You agree and acknowledge that Peak Reviews has no obligation to retain your data, information or Content (collectively, “Customer Data”) and that such Customer Data may be irretrievably deleted if your account is cancelled for any reason.
If termination of this Agreement or your access to and use of the Website or Services occurs, all balances owed or due on your account will become immediately due and must be paid in accordance with this Agreement. You agree that Peak Reviews may charge any such amount to your credit card or otherwise bill you for such unpaid amounts.
- Third Party Materials. The Website and Services may display, include, or make available third-party content, including without limitation data, information, applications, third-party links, websites and webpages, and other products, services, activities, events, and materials (collectively, “Third Party Materials”) that is owned and controlled by third parties. Peak Reviews has not reviewed, and has no obligation to review, any Third Party Materials. You agree that Peak Reviews is not responsible for Third Party Materials, including without limitation their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Peak Reviews does not control or endorse, and makes no representations or warranties regarding any Third Party Materials. Moreover, Peak Reviews does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials thereto are provided solely as a convenience to you and your access and use are entirely at your own risk. You acknowledge that Third Party Materials may be subject to a third parties’ terms and conditions. Your dealings or correspondence with third parties and your use or interaction with any Third Party Materials are solely between you and the third party. You are solely responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Copyright Policy. If you believe that any Content violates your copyright, please send us a notice of copyright infringement at firstname.lastname@example.org. It is the policy of Peak Reviews to terminate the user accounts of repeat infringers.
- Intellectual Property. This Agreement does not transfer from Peak Reviews to you any Peak Reviews intellectual property, and all right, title and interest in and to such property will remain (as between you and Peak Reviews) solely with Peak Reviews. Peak Reviews, the Peak Reviews logo, and all other trademarks, service marks, graphics, slogans and logos used to identify Peak Reviews, the Website or Services are trademarks or registered trademarks of Peak Reviews or Peak Reviews’s licensors. Other trademarks, service marks, graphics, slogans and logos used on the Website or in Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any Peak Reviews or third-party trademarks. All trademarks and trade names are the property of their respective owners. Peak Reviews reserves the right to remove any Content or Third Party Materials that breach this Agreement.
- Advertisements. Peak Reviews reserves the right to display advertisements and other Content on your page without any payment or any other consideration to you.
- Attribution. Peak Reviews reserves the right to display attribution links such as ‘Powered by Peak Reviews,’ theme author, font and image attribution, credits, and other similar statements and disclosures (“Credits”) in and on your page. Certain Credits, as determined by Peak Reviews at its sole discretion, may not be removed regardless of upgrades purchased.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities. Peak Reviews reserves the right to remove any domain or subdomain integration that breaches this Agreement.
- Feedback. You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Peak Reviews or the Website or Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Peak Reviews’ sole discretion. You understand that Peak Reviews may treat Feedback as non confidential.
- Termination. Peak Reviews may terminate your access to all or any part of the Website or Services at any time, with or without cause, with or without notice, in its sole discretion. Upon such termination, all amounts owed, accrued and payable will become immediately due. You have the right to stop using the Website or Services at any time; however, you will be obligated to pay any amounts contracted for or otherwise owed, accrued or payable to Peak Reviews. If you wish to terminate this Agreement or your Peak Reviews account (if you have one)or have questions or would like to pay your account in full, please contact Peak Reviews customer service. Upon termination of access: (i) all rights granted to you under this Agreement will terminate immediately; and (ii) you must cease all use of the Website and Services. Termination will not limit any of Peak Reviews’s rights or remedies under this Agreement or at law or in equity. We are not responsible for any loss harm or other liability related to your inability to access or use the Website or Services.
- Disclaimer of Warranties. The use of the Website and Services including any third-party products and services is at your sole risk. Except as otherwise provided in writing by us, the Website and Services and any third-party products and services are provided “as is” and “as available” without warranties of any kind, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Additionally, Peak Reviews does not represent or warrant that the Website or Services and any third-party products or services are accurate, complete, reliable, current or error-free. While Peak Reviews attempts to make your use of the Website and Services safe, we cannot and do not represent or warrant that the Website or Services or any third-party products or services are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Website and Services and any third-party products or services. Peak Reviews further makes no guarantee that access to the Website or Services or any third-party products or services will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content, Third Party Materials or services through, the Website or Services at your own discretion and risk.
- Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Peak Reviews OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PERSONNEL, AGENTS, REPRESENTATIVES, OR ANY OF ITS RESPECTIVE LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, “Peak Reviews PARTIES”) BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR OTHERWISE, FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, COST OF COVER OR LOST PROFITS, EVEN IF Peak Reviews OR THE Peak Reviews PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES THE TOTAL LIABILITY OF Peak Reviews AND Peak Reviews PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE OR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO £50.
THE LIMITATIONS SET FORTH HEREIN WILL NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- Indemnification. To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Peak Reviews and Peak Reviews Parties from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Website or Services or any third-party products or services ; (b) your violation of this Agreement; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your conduct in connection with the Website or Services or any third-party products or services. You agree to promptly notify Peak Reviews or Peak Reviews Parties, as applicable, of any third-party Claims, cooperate with Peak Reviews and Peak Reviews Parties, as applicable, in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Peak Reviews or Peak Reviews Parties, as applicable, will have control of the defense or settlement, at Peak Reviews’ sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Peak Reviews or the other Peak Reviews Parties.
- Transfer and Processing of Data. In order for us to provide the Website and Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
- Governing Law and Venue. Any dispute arising from this Agreement and your use of the Website or Services will be governed by and construed and enforced in accordance with the laws of the United Kingdom. Any dispute between the parties that is not subject to the disputes process or cannot be heard in small claims court will be resolved in the United Kingdom.
- Disputes Process
- We will try to resolve any disputes or complaints you may have quickly and efficiently.
- If you are unhappy with us and want to formally make a complaint, please contact us as soon as possible at email@example.com.
- If you and we cannot resolve a dispute using our complaint handling procedure, we will:
- let you know that we cannot settle the dispute with you; and
Il. give you certain legally required information about an alternative dispute resolution provider
III. provide you with information about our Associations and their complaints and/or Alternative Dispute Resolution services.
- provide you with information about our Regulators and their complaints and/or Alternative Dispute Resolution services.
- If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.
- Relevant United Kingdom law will apply to these Terms.
- These Terms and Conditions of Use are up to date as of: 01/07/2022.
- Severability; Waiver. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
- Assignment. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions, so long as you first obtain the prior written consent of Peak Reviews, which will not be unreasonably withheld. Peak Reviews may assign its rights under this Agreement without condition. This Agreement will be binding upon and will insure to the benefit of the parties, their successors and permitted assigns.
- Miscellaneous. This Agreement constitutes the entire agreement between Peak Reviews and you concerning the subject matter hereof. This Agreement may only be modified as set forth herein or by a written amendment signed by an authorized executive of Peak Reviews.