Digital Peak Marketing Solutions Terms & Conditions of Service

The present Terms of Use constitute a binding legal contract between you and our organization concerning your usage of the Website and its associated services, functionalities, materials, and promotional offerings available through the Website. These Terms of Use incorporate a required arbitration provision and prohibition on class actions.

Peak Digital Marketing Solutions maintains exclusive authority to modify, at its own discretion, any aspect of the Website, including these Terms, governing policies, usage conditions, and individual access privileges, or to discontinue the Website entirely without prior notification. Users are encouraged to regularly review these Terms to stay informed of any modifications or updates. By continuing to access or utilize our Website, you implicitly acknowledge and accept any such changes.

Authorization for Use

This Site is operated by Peak Digital Marketing Solutions, granting you (referred to as "you" or "user") a revocable, personal, non-exclusive, limited, non-transferable, royalty-free license for the use of this Website, subject to your ongoing adherence to these Terms.

Usage Limitations

The granted license has restrictions. Accordingly, you are prohibited from: (1) utilizing, duplicating, saving, duplicating, sending, sharing, showing, hiring, leasing, marketing, changing, adapting, licensing, sublicensing, or commercializing the Website (or any portion thereof) in any way not specifically authorized by these Terms; (2) conducting reverse engineering, decompilation, disassembly, translation, or creating derivative works of the Website (or any portion thereof); (3) obtaining access to, connecting to, or utilizing any source code from the Website (or any portion thereof); or (4) deleting or removing any proprietary or intellectual property notices found within or on the Website (or any portion thereof). Furthermore, you understand and accept that exceeding these license limitations constitutes a significant violation of this Agreement and will trigger the termination provisions outlined herein.

Limitations on Material Usage Users shall not copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any content from this platform without prior written authorization. Users shall respect all applicable intellectual property rights, including copyrights, trademarks, and trade secrets. All materials presented are protected by intellectual property laws and are intended for personal, non-commercial use only. Access to materials does not transfer any ownership rights or grant any licenses. Unauthorized use may result in legal action, including claims for damages and injunctive relief.

These Terms grant only a restricted permission to access and utilize the Website. You specifically acknowledge and confirm that Peak Digital Marketing Solutions does not transfer any ownership rights, intellectual property interests, or titles related to this Website to you or any other party. All content, including but not limited to graphics, images, HTML code, multimedia elements, Java code, logos, button icons, banners, and software found on this Website are under copyright protection by Peak Digital Marketing Solutions, its affiliated entities, and/or third-party licensors. All displayed trademarks, service marks, and trade names on this Website are the exclusive property of Peak Digital Marketing Solutions, its affiliates, and/or third-party licensors. Any unauthorized usage of Website materials will constitute an infringement of intellectual property rights. All rights not specifically granted within these Terms of Use remain the property of Peak Digital Marketing Solutions, its affiliated entities, and/or third-party licensors, depending on the specific material's ownership.

All content on this Website is protected, and therefore cannot be altered, decoded, reverse-engineered, broadcasted, licensed, sub-licensed, conveyed, traded, mirrored, enclosed, exploited, rented, leased, duplicated, replicated, republished, uploaded, posted, transmitted, or shared in any manner. The content on this Website does not imply or grant any permission to utilize any trademark, logo, trade name, or design elements shown on this Website without explicit written consent from Peak Digital Marketing Solutions or the trademark's rightful owner.

Any deployment of these materials on external websites or computing platforms is strictly forbidden. Additionally, you are not permitted to employ automated systems to enter, obtain, duplicate, or track any part of this Website, seek unauthorized entry, scan for security weaknesses, perform reverse searches of user data, place excessive strain on our systems, disrupt normal Website operations, manipulate header information or identifiers, collect contact details, or utilize this Website for any illegal purposes.

Digital Peak Marketing Solutions makes no warranties or guarantees that downloadable files or information will be uncontaminated by malicious software, including but not limited to viruses, worms, Trojans, or other harmful programming code. By downloading such content, you accept full responsibility and financial liability for any necessary maintenance, repairs, or remediation that may be required as a result.

Acquisition of Services

Through the Peak Digital Marketing Solutions Website, you might have access to purchase various services, including those from external websites connected to our platform. Some services acquired through our website may be handled by external providers, such as social media analysis tools or content generation platforms. Peak Digital Marketing Solutions does not directly provide these third-party products and services. Any purchases made through or delivered by external websites are governed by their respective terms, conditions, and policies. Peak Digital Marketing Solutions bears no responsibility or liability for transactions conducted with these third-party providers.

Written Communication via Mobile Short digital messages sent between phones have revolutionized how we connect. This instant form of dialogue lets people share thoughts, make plans, and stay in touch without voice calls. Quick texts with abbreviations and emojis have created their own language style, especially among younger users. While some worry about the impact on traditional writing skills, messaging has become an essential part of modern communication. From casual chats to business updates, these brief electronic exchanges now shape how we interact daily.

Peak Digital Marketing Solutions provides two distinct text messaging services: one for Marketing purposes and another for Client Communications. When you opt into any of Peak Digital Marketing Solutions's text messaging programs, you are agreeing to receive ongoing automated marketing messages and personalized SMS/MMS communications (including promotional reminders) on your provided mobile number. This includes service updates, transactional notifications, account information, promotional content, and commercial announcements from Peak Digital Marketing Solutions. Your consent applies even if your mobile number is listed on any state or federal Do Not Call registry.

You confirm that the mobile number you've provided is correct and that you have the authority to register this number for text message services. You understand and consent that these messages may be delivered through automated systems, including automatic dialing technology. The frequency of messages will not be consistent. Your mobile carrier may charge standard messaging and data fees. Your consent to receive texts is optional and not required to use our services or make purchases. Review your mobile plan and consult your carrier for specific details about charges. You alone are responsible for any costs associated with these text messages, including any fees charged by your mobile service provider.

We may modify the short code or phone number used for message transmission and will inform you of any such changes. Some mobile devices or handsets might not be compatible, and message delivery cannot be guaranteed in all regions. Neither we, our service partners, nor participating mobile carriers can be held responsible for message delays or failed deliveries.

Opt out of Promotional Text and Multimedia Messages

You can unsubscribe from receiving text messages from the Peak Digital Marketing Solutions Marketing program at any time. Please note that unsubscribing from commercial text messages will not prevent you from receiving texts from Peak Digital Marketing Solutions directly relating to your use of the service, such as appointment reminders, or account or security information that is necessary to provide the requested service to you. To unsubscribe from text messages at any time, reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to any text message you receive from Peak Digital Marketing Solutions. You may receive one final text message from Peak Digital Marketing Solutions confirming your request. For help, reply HELP to any text message you receive from Peak Digital Marketing Solutions or contact us at +14157823456 .

Opt out of Customer Text Messages and Multimedia Communications

You can unsubscribe from receiving text messages from Peak Digital Marketing Solutions Client Communications at any time. Please note that unsubscribing from commercial text messages will not prevent you from receiving texts from Client Communications directly relating to your use of the service, such as appointment reminders, or account or security information that is necessary to provide the requested service to you. To unsubscribe from text messages at any time, reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to any text message you receive from Client Communications. You may receive one final text message from Client Communications confirming your request. For help, reply HELP to any text message you receive from Client Communications or contact us at +14157823456 .

Marketing and Promotional Details

The content, materials, and services offered through this Website and distributed by Peak Digital Marketing Solutions have not undergone evaluation by any regulatory bodies. No regulatory agency has approved or endorsed the strategies or services accessible through the Website. Our services are not designed to promise or guarantee particular outcomes. All information presented on this website, including content delivered via Peak Digital Marketing Solutions emails and text messages, serves educational purposes exclusively and should not replace expert marketing or business guidance. Before making any business-related decisions based on this information, we strongly recommend consulting with a qualified marketing specialist.

Although our social media experts provide guidance based on their professional expertise and industry experience, their suggestions and counsel should not be considered a substitute for your marketing consultant's professional opinion. We recommend consulting with a qualified marketing advisor to determine how any recommendations may specifically apply to your business circumstances.

Alteration

Digital Peak Marketing Solutions maintains the authority to alter or suspend, whether temporarily or indefinitely, its Website in its entirety, along with any Website components, products, services, pricing structures, or content accessible through the Website, with or without prior notification. You acknowledge that Digital Peak Marketing Solutions bears no responsibility to you or other parties for any such alterations or discontinuation of Website features, products, services, pricing, information, or the Website as a whole.

Provision of Data and/or Content

You acknowledge and confirm that all information and materials you submit on this Website will be truthful, precise, up-to-date, and complete at all times, including but not limited to information provided through Website registration or submission forms. Should you provide any information that is false, incorrect, untrue, or incomplete, Peak Digital Marketing Solutions maintains the right to immediately terminate your Website access and usage privileges. Furthermore, you agree to refrain from making any submissions or transmissions on this Website that would breach any applicable laws or regulations, or that would infringe upon or violate any individual's or entity's rights.

When you share communications, success stories, testimonials, comments, photos, or other content (collectively referred to as "Contributions") on our Website, forums, message boards, chat rooms, or during contests and promotions, you acknowledge that such Contributions are not confidential, and we bear no responsibility for how we or others may use or disclose them. By submitting any Contributions, you automatically provide Peak Digital Marketing Solutions with a permanent, worldwide, royalty-free, non-exclusive license to utilize, copy, modify, adapt, publish, distribute, translate, display, perform, and create derivative works from your Contributions (including any photos or likenesses) across all current and future media platforms. Additionally, you surrender any moral rights associated with these Contributions.

Data Protection Statement

Certain registration data and other information about you is subject to our Privacy Notice . Please review the full Privacy Notice for details on how we collect, use, and protect your personal information.

Links

The Peak Digital Marketing Solutions Website contains connections to external third-party websites and resources. These external links are provided solely for your convenience and are not managed by us. You understand and accept that Peak Digital Marketing Solutions bears no responsibility for the accessibility of such external sites or resources, does not support any such website or resource, its usage or material, and is not accountable for any content, advertisements, merchandise, or other materials found on or through such websites or resources. You acknowledge that Peak Digital Marketing Solutions shall not be held responsible or accountable, whether directly or indirectly, for any damages or losses that are claimed to result from or relate to your usage of or dependence on any such content, products, or services accessible on these external websites or resources.

Indemnity

You accept responsibility to protect and exempt Peak Digital Marketing Solutions, our affiliated entities and all of our and their respective directors, officers, staff members, representatives, partners, external content providers, licensors, vendors, and other parties involved in delivering products, services or content through the Website (collectively referred to as "Protected Parties"), from any allegations, damages or losses stemming from, related to, or concerning, any unauthorized Website usage or violation of these Terms by you. You acknowledge that the Protected Parties shall bear no responsibility regarding such violations or unauthorized use, and you commit to defend and protect the Protected Parties against any resulting losses, damages, verdicts, awards, expenses, legal fees, and litigation costs incurred by the Protected Parties in relation to these matters.

Applicable Laws and Jurisdiction

This Agreement and its execution shall be subject to and interpreted under the laws of California, United States of America, regardless of any conflicts of law principles in this or any other jurisdiction. In the event that the arbitration clause below is deemed invalid or unenforceable, you agree to submit exclusively to the jurisdiction of state and federal courts within Los Angeles County, California, United States of America, for the resolution of any disputes or issues arising from your Website usage and this Agreement.

Any legal claim or cause of action connected to your use of or access to the Website must be filed within two (2) years from the date when such claim or action first emerged or became applicable, as permitted by governing law. Furthermore, you accept and understand that this Agreement explicitly excludes and disclaims any state-specific implementation of the Uniform Computer Information Transactions Act, including its associated remedies and legal provisions.

Alternative Dispute Resolution and Group Litigation Exclusion

All disputes or claims stemming from or connected to Website usage that remain unresolved through informal means or negotiations for a period of 120 days will be resolved through binding arbitration conducted by the American Arbitration Association, with the resulting award being enforceable in any court with proper jurisdiction. The arbitration proceedings will take place in LOS ANGELES COUNTY, CALIFORNIA, USA, with an option for telephonic participation available to the claiming party.

UPON YOUR COMMENCEMENT OF ARBITRATION AND WRITTEN NOTIFICATION TO Peak Digital Marketing Solutions AGENCY, INCLUDING SUBMISSION OF ARBITRATION PROCEEDING DOCUMENTATION, THE AGENCY WILL SWIFTLY PROVIDE REIMBURSEMENT FOR ANY STANDARD FILING FEES YOU MAY HAVE BEEN REQUIRED TO PAY.

In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association ("AAA"), and may be conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org , or by calling AAA at (800) 788-7879.

You acknowledge that all disputes will be arbitrated solely on an individual basis and will not be combined with, or incorporated into, any class action, representative proceeding, or other arbitration(s) involving claims from any other party. Should this arbitration provision be deemed unenforceable or inapplicable for any reason, both parties mutually agree, to the fullest extent permitted by law, to forfeit any right to pursue claims through class action litigation.

Limits of Legal Responsibility and Waiver The organization's maximum liability and total financial responsibility, whether based on contract, negligence, strict liability, or any other grounds, shall not exceed the amount paid for the service or product in question. Under no circumstances shall the organization be liable for any indirect, incidental, special, punitive, or consequential damages arising from use of the service or product. We explicitly disclaim all warranties and guarantees, whether expressed or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. The service or product is provided "as is" and "as available" without any assurance of uninterrupted or error-free operation. Use of this service or product indicates acceptance of these limitations and disclaimers. If you do not agree with these terms, please refrain from using our services or products.

You explicitly acknowledge that accessing our Website is entirely at your own risk, and the Website is delivered in its current state and when available, to the maximum extent allowed under applicable legislation.

Peak Digital Marketing Solutions, together with its parent companies, affiliated entities (including their franchisees and licensees), and subsidiary organizations (collectively referred to as "Affiliates"), explicitly reject all forms of warranties, whether stated outright or suggested, including but not limited to implied guarantees of marketability, suitability for specific uses, ownership rights, and freedom from intellectual property violations. Neither Peak Digital Marketing Solutions nor its Affiliates provide any guarantee, whether explicit or implicit, that the Website, or any services, products, or information accessed through or obtained from the Website, will fulfill your needs or operate without disruption, delays, security issues, or errors.

Discontinuation of Contract or User Profile We reserve the right to suspend or end this agreement or your account at any time, with or without cause, effective immediately. This may occur if we believe you have violated these terms, acted inappropriately, or for any other reason at our discretion. Upon termination, you must cease using our services, and all applicable rights will be revoked. Any remaining obligations and provisions of this agreement will survive termination. You may also choose to terminate your account at any time by following our account deletion procedures.

These Terms become effective when you initiate any interaction with the Website, whether through placing an order, completing registration, submitting an information request, or commencing use or download of any content, whichever occurs first. Peak Digital Marketing Solutions maintains the authority to restrict your access to the Website or any of its sections at any time and for any cause. Additionally, Peak Digital Marketing Solutions retains the right to immediately terminate any user's account if, based on its sole judgment, the user engages in behavior deemed inappropriate or violates any aspect of these Terms.

Reporting Copyright Violations: Guidelines and Process If you believe your copyrighted work has been improperly used or displayed, you may submit a notification of alleged infringement. To file a claim, please provide a written notice containing the following essential information: 1. A physical or electronic signature from the copyright owner or authorized representative 2. Clear identification of the copyrighted material claimed to be infringed 3. Specific location of the allegedly infringing content 4. Your contact details, including address, phone number, and email 5. A statement affirming your good faith belief that the material use is unauthorized 6. A declaration, under penalty of perjury, that the information provided is accurate and you are authorized to act on behalf of the copyright owner Claims lacking these required elements may not be processed. False claims may result in legal consequences. Submit all copyright infringement notices through official channels only.

Should you find that your copyright-protected material appears on our Website in a manner that violates copyright law, please submit a report of suspected infringement by following the procedure outlined below and contacting Peak Digital Marketing Solutions's assigned Copyright Agent. In accordance with Title 17, Section 512(c)(2) of the United States Code, all claims of copyright violation must be directed exclusively to our designated Copyright Agent.

A complete Claim of Copyright Infringement must contain:

• A digital or handwritten signature from the copyright holder or their legally authorized representative;
• Description of the original copyrighted material that you believe has been violated;
• A detailed characterization and recognition of the content you allege violates copyright, along with information about where to find the legitimate or permitted version of the protected work;
• The specific location of the copyrighted content on our site, with details such as the exact URL where it can be found;
• Your personal details, such as your full name, mailing address, phone number, and email contact;
• A declaration affirming your sincere conviction that the contested usage has not been permitted by the copyright holder, their representative, or applicable laws;
• A declaration made by you, subject to penalties of perjury, confirming that the information provided in your notification is truthful and that you either own the copyright or have valid authorization to represent the copyright holder's interests.

Various items and matters that are different from each other and don't fit into any specific category.

Not enforcing strict adherence to any of these Terms shall not constitute a waiver of future defaults or performance failures. Any waiver of rights by Peak Digital Marketing Solutions under these Terms shall not be considered a waiver of other rights or provisions, nor shall it be deemed a waiver of the same right or provision at a different time. Should any portion of these Terms be found invalid or unenforceable under applicable law, including but not limited to the warranty disclaimers and liability limitations mentioned above, such portion shall be replaced with a valid, enforceable provision that best reflects the intention of the original provision, while the remaining Terms shall remain fully effective.

These Terms, the Peak Digital Marketing Solutions Privacy Notice , and any other agreement or terms or conditions for services, subscriptions, or licenses for products or services available through the Website, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and Peak Digital Marketing Solutions with respect to use of the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Peak Digital Marketing Solutions, with respect to this Website.

Get In Touch

If you have additional inquiries or worries regarding these terms of service or how this Website operates, or if you would like permission to reproduce any content from this Website, please reach out to us at: