TERMS AND CONDITIONS

This AT PEAK mobile application and supporting websites (collectively, the “App”) is maintained and operated by At Peak Resources, LLC ("Company", "we" or "us").

YOUR ACCESS AND USE OF THE APP IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS") AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE APP, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE APP. PRICE INFORMATION FOUND ON THIS APP IS SUBJECT TO CHANGE WITHOUT NOTICE. APP RESERVES THE RIGHT TO CHANGE THESE TERMS & CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE.

Eligibility: By using or attempting to use the App, you certify that (i) you are a resident of the United States and are at least 13 years of age or, if under the age of 13, your parent has consented to your use of the App via our consent mechanism as provided to your parent, or (ii) you are not a resident of the United States and are at least 18 years of age or, if under the age of 18, you have the consent of your parent or guardian (over the age of 18) to use the App. We encourage parents to use appropriate parental discretion in determining whether to grant authorization. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms of Use, you must stop using the App immediately.

Authorized Use of App: This App is provided for your personal and non-commercial use and for informational purposes only. Any other use of the App requires the prior written consent of Company.

Registration and Passwords: In order to access certain services on the App, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy, www.atpeaksports.com.

We are not liable for any harm caused or related to the theft or misappropriation of your user name or password due to your failure to take reasonable measures, your disclosure of your user name or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must promptly change your password to the App and immediately notify us of the problem by contacting us at help@atpeaksports.com. In the event of any dispute between two or more parties as to account ownership, you agree that the Company will be the sole arbiter of such dispute in its sole discretion and that our decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.

Proprietary Rights: Company is the owner of or otherwise licensed to use all parts of the App, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the App belong to third parties who have authorized Company to display the materials, such as portfolio works, client logos and trademarks and other proprietary materials. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the App. All rights not granted under these Terms and Conditions are reserved by Company.

By submitting or posting Content to the App, you grant Company the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to the App, Company does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Company owns all right, title, and interest in any compilation, collective work, or other derivative work created by Company using or incorporating Content posted to the App. You are solely responsible for anything you may post on the App and the consequences of posting anything on the App.

Comments or Materials Posted By You: Certain pages on the App may allow you to post videos, audio, photographs, text, or other content (“Content”). Unless otherwise specified, you may only post Content to the App if you are a resident of the United States and thirteen (13) years of age or older. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Company. You may not post or distribute Content that is illegal or that violates these Terms and Conditions. By posting or distributing Content to the App, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the App and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.

By submitting or posting Content to the App, you grant Company the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to the App, Company does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Company owns all right, title, and interest in any compilation, collective work, or other derivative work created by Company using or incorporating Content posted to the App. You are solely responsible for anything you may post on the App and the consequences of posting anything on the App.

AT PEAK DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS ON THE APP TO WHICH OTHER USERS HAVE POSTED CONTENT, AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.

Activities Prohibited by App. Company expects all of its users to be respectful of other people. The following is a partial list of the kinds of conduct that are illegal or prohibited on the App. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:

  • is defamatory, abusive, obscene, profane or offensive;
  • infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
  • violates any party’s right of publicity or right of privacy;
  • is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • promotes or encourages violence;
  • is inaccurate, false or misleading in any way;
  • is illegal or promotes any illegal activities;
  • promotes illegal or unauthorized copying of another person's copyrighted work or links to them or providing information to circumvent security measures;
  • contains “masked” profanity (i.e., F*@&#);
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

Company is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion. Company will make all determinations as to what Content is appropriate in its sole discretion. Company may edit or remove any Content at any time without notice.

No Ideas Accepted: Company does not accept any unsolicited ideas from outside the company including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this App, you understand and acknowledge that such idea is not submitted in confidence and Company assumes no obligation, expressed or implied, by considering it. You further understand that Company shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Company. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.

Links: This App may contain links to other websites or applications not maintained by Company. Other websites or applications may also reference or link to our App. We encourage you to be aware when you leave our App and to read the terms and conditions and privacy statements of each and every website and app that you visit. We are not responsible for the practices or the content of such other websites or apps.

Exercise Risk / Medical Advice Disclaimer

THIS APP OFFERS HEALTH AND FITNESS INFORMATION FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, THE ADVICE OF A HEALTH CARE PROFESSIONAL. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS APP. THE USE OF ANY INFORMATION PROVIDED THROUGH THE APP IS SOLELY AT YOUR OWN RISK. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE APP, E-MAIL, OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE COMPANY OR ANYONE WORKING FOR THE COMPANY.

Please DO NOT contact the Company with requests or inquiries regarding your health or injuries, and please do not send the Company any personally identifiable health information about you or anyone else. If you contact the Company requesting unsolicited medical advice or with unsolicited inquiring regarding your health or injuries, it our policy not to respond to such requests or inquiries.

No Warranties: WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE APP, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE APP. YOUR USE OF THE APP IS AT YOUR OWN RISK. THE APP, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE APP, IS PROVIDED "AS IS" AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE APP. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE APP, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the App during the prior twelve (12) months or (ii) ten dollars ($10).

Wireless Carrier Considerations. To use or otherwise access the App, you must have a mobile device that is compatible with the App. We do not warrant that the App will be compatible with your mobile device. Further, a wireless carrier’s normal messaging, data, and other rates and fees will still apply. You should therefore check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using the App may be prohibited or restricted by your carrier, and not all Apps may work with all carriers or devices. Therefore, you should check with your carrier to find out if the App is available for your mobile device, and what restrictions, if any, may be applicable to your use of the App.

Email and Text Messaging Express Consent. If you provided your email address and/or mobile phone number upon registration, you expressly agree that we may communicate with you regarding the App by electronic mail, SMS, MMS, text message, or other electronic means directed to your mobile device and that certain information about your usage of the App may be communicated to us. In the event you change or deactivate your mobile device telephone number, you agree to promptly update your registration information to ensure that messages are not sent to the person that acquires your old number.

Third Party Consent & Equipment Disclaimer: You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., GPS and/or mobile devices). While we may recommend, promote, or market the equipment or materials of certain third party suppliers, we have no responsibility for your acquisition or use of any third party equipment or materials, and we do not guarantee that third party equipment or materials will function with the Services or will be error-free.

Pricing and Payment: The fees for any products or services provided on the App are posted on the App. Fees are subject to change without notice. You agree to pay us in advance the applicable fees for the services provided by us under this Agreement. We will bill your credit card for all fees. You will provide us with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, we reserve the right to terminate the services and your access to the App in addition to seeking any other legal remedies. We are not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by us. If for any reason the Company does not receive payment for a purchase, the Company may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use of the App or the purchase or any products or services, including sales, use or excise taxes (excluding only taxes on the Company’s net income). ALL FEES PAID TO THE COMPANY ARE NON-REFUNDABLE.

Partner and Other Terms and Conditions: Additional and/or different terms and conditions of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to such terms and conditions before accessing, purchasing, using, or subscribing to such services or products.

Changes: All information posted on the App is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the App. You should check the App for such changes frequently. Your continued access of the App after such changes conclusively demonstrates your acceptance of those changes.

Indemnification: You agree to indemnify, defend and hold harmless Company, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.

Severability. If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies: The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Company under these Terms and Conditions and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company's right to exercise any other right or remedy.

Digital Millennium Copyright Act ("DMCA") Notice

Materials may be made available via the App by third parties not within our control. We are under no obligation to, and do not, scan content posted on the App for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the App.

If you believe any materials on the App infringe a copyright, you should provide us with written notice that at a minimum contains:

(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 at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material 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 the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

At Peak Resources LLC

William Metzger

wmetzger@atpeakresources.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

International Access: Our App is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the App. We make no representations regarding the legality of this App in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

Governing Law: The laws of the State of New York shall govern these Terms and Conditions. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE APP.

Questions: Should you have any questions regarding these Terms and Conditions you may contact us at info@atpeakresources.com.