Terms of Use

DISCLAIMER

The information presented by Peak Symmetry is not intended to be taken as medical advice.  It is advisable to consult your physician before beginning any exercise or nutrition program.  If you choose not to obtain the consent of your physician before and throughout the duration of your time using the recommendations in this program, you are agreeing to accept full responsibility for your actions.

By continuing with the program you recognise that despite all precautions given by David Shadbolt or Peak Symmetry, there are risks of injury or illness which can occur when exercising or changing nutritional habits and you expressly assume such risks and waive, relinquish and release any claim which you may have against David Shadbolt or Peak Symmetry or its affiliates as a result of any future physical injury or illness incurred in connection with, or as a result of, the use or misuse of the program.

USER AGREEMENT (TERMS OF USE)

This subscription agreement ("agreement") is a legal and binding agreement between you, as the member, and Peak Symmetry.  Please read this agreement carefully prior to using Paths to Peak Wellness (the “service”). By registering for the service, you are consenting to become a party to this agreement and agreeing to be bound by the terms and conditions herein. If you do not accept and agree to all the terms and conditions of this agreement, please do not continue the registration process.

1. ENROLLMENT IN THE SERVICE

Peak Wellness in Recovery provides a personal and social learning platform. The forum consists of a subscription plan whereby, for a fee and subject to certain limitations as described herein, you are granted limited access to discussion groups and Peak Wellness in Recovery facilitators. In order to use the service, you must obtain access to the internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the internet. You must be at least 18 years of age to enroll.

2. MODIFICATION

We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. You will be notified by email where reasonably possible and a change notice will be posted at http://www.peaksymmetry.com. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of the service following our posting of a change notice or new agreement on http://www.peaksymmetry.com will constitute your binding acceptance of the change.

3. YOUR REGISTRATION OBLIGATIONS

You agree to provide true, accurate, current and complete information about yourself as prompted by the service registration process (such information being the "Registration Data"). Once you subscribe to the service, you shall enter or receive a password and an account. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the service cannot be guaranteed.

4. Peak Wellness in Recovery PRIVACY POLICY

We will not give out individual sales or other personal information unless required to do so by law. Peak Wellness in Recovery Privacy Policy is set forth below and may be amended at any time in our sole discretion.

5. TECHNOLOGICAL AND USE LIMITATIONS

5.1 Peak Symmetry will make reasonable efforts to keep the Peak Wellness in Recovery WEBSITE operational. However, certain technical difficulties or routine site maintenance or upgrades may, from time to time, result in temporary service interruptions. Peak Symmetry also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the service with or without notice. You agree that Peak Symmetry shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the service.

5.2 Copying or reproduction of the content to any other server or location for further reproduction or redistribution is expressly prohibited. Peak Symmetry reserves the right to immediately and permanently terminate your access to the service if Peak Symmetry believes that you are violating such limitation.

6. TERM, FEES AND PAYMENTS

6.1 By registering for the service, you agree to pay the applicable rate when charged.

6.2 The fee for use of the service will be charged to the credit card you designated during the service registration process or charged to you by PayPal payment services. You agree to pay all fees and charges incurred in connection with your unique ID and password for the service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are non-refundable. If you want to designate a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the service using your ID and password without your authorization, you must contact info@peaksymmetry.com

6.3 You agree to pay Peak Symmetry all reasonable attorney's fees and costs incurred by Peak Symmetry to collect any past due amounts. Your account may be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your service account.

6.4 You are responsible for paying any governmental taxes imposed on your use of the service, including, but not limited to, sales, use or value-added taxes. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the service.

6.5 Peak Symmetry reserves the right, at any time, to change its fees and billing methods. Peak Symmetry may provide notice of billing changes via email or by on-line posting AT www.peaksymmetry.com. If any such change is unacceptable to you, you may terminate your subscription to the service, as provided in Section 7 below. Your continued use of the service following the effective date of a change to such fees and billing methods shall constitute your acceptance of such change.

7. TERMINATION

7.1 You agree that Peak Symmetry, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the service for any reason, including, without limitation, if Peak Symmetry believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Peak Symmetry may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Peak Symmetry may immediately deactivate or delete your account and/or bar any further access to the service. Further, you agree that Peak Symmetry shall not be liable to you or any third-party for any termination of your access to the service.

7.2 You may terminate this Agreement and your subscription to the service at any time.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Only you may access the service using your ID and password, unless otherwise agreed to in writing by Peak Symmetry. The content available through the service is the property of Peak Symmetry and is protected by copyright and other intellectual property laws. Content received through the service is for your own use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, make available to third parties or circulate the content received through the service to anyone or to exploit any such content for commercial or non-commercial purposes not intended by this Agreement without the express prior written consent of Peak Symmetry. You agree to indemnify and hold harmless Peak Symmetry for your failure to comply with this Section 8.1.

8.2 You acknowledge that Peak Symmetry retains exclusive ownership of the service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the service or its contents, and Peak Symmetry reserves all rights not expressly granted hereunder. You shall promptly notify Peak Symmetry in writing upon your discovery of any unauthorized use or infringement of the service (or its contents) or Peak Symmetry it's patent, copyright, trade secret, trademarks or other intellectual property rights. The service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.

9. DISCLAIMER OF WARRANTIES

You expressly agree that use of the service is at your sole risk. The service is provided on an "as is" and an "as available" basis. Peak Symmetry does not make, and hereby disclaims, any representations or warranties regarding the service, The Peak Wellness in Recovery website and the products and services offered through Peak Symmetry’s services or products or any portion thereof, express, implied or statutory, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights and the suitability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, products and related graphics contained within Peak Symmetry’s website, services or products.

10. LIMITATION OF LIABILITY

You hereby agree that we will not be liable for indirect, special or consequential damages or any loss of revenue, profits or data arising in connection with this agreement or the service, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the service will not exceed the total fees paid by you under this agreement.

11. MISCELLANEOUS

This Agreement is governed by the laws of the Province of British Columbia, Canada, without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of the courts located in Vancouver, BC, Canada in all disputes arising out of or relating to the service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 11. You shall not use the service in any manner contrary to local, provincial or federal law. Peak Symmetry expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and us with respect to the service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

PRIVACY POLICY

Peak Wellness in Recovery is a web site referred to as "www.peaksymmetry.com". Please read these statements, terms and conditions carefully before using this website. By accessing or using this site, you acknowledge and agree to the disclaimers, terms and conditions set forth below. If you do not agree, please do not use this site. Please read the following carefully.

Peak Symmetry gathers certain types of information about the people who download and use the Peak Wellness in Recovery service. The following policy explains what information is captured, how it is handled and how to change it. The policy is subject to change from time to time so please check back periodically.

GATHERED AND TRACKED INFORMATION

Registration and Tracking Information. Peak Symmetry gathers data that members provide through voluntary registrations on our site and aggregate tracking information derived mainly by tallying page views throughout our sites and clicks on or via our newsletters or advertisements. Such information enables us to better tailor our content to customer needs and to help us to better understand the demographics of our members.

Track Surveys. Peak Symmetry may from time to time conduct member surveys to better target our content to our members. While Peak Symmetry will share the aggregated responses and demographic information in these surveys with labels and partners, Peak Symmetry will not release any personally identifiable information relating to any customer.

Counters. On occasion, Peak Symmetry uses a counter to track member traffic patterns on our web site. A counter provides no member identifiable data but allows Peak Symmetry to count which pages have been viewed. Peak Symmetry does not aggregate or track personally identifiable information when using a counter, only usage patterns. This information is collected for internal marketing and sales efforts. The data is also used to predict responses to advertisements, to help determine which ads perform best and which content is most appropriate for different members.

Cookies. The Peak Symmetry may use your browser to set a "cookie" on your system. A cookie is a unique number that is recorded and stored on a member's computer in their web browser's cookie file. Cookies do not harm computers and cannot read data off your hard disk. They simply allow us to measure and report the statistics and provide important insight that is used to provide a more enriching experience for the computing public. While aggregate statistics may be provided to advertisers and revenue sharing partners, the cookie will not, in any way, be associated with any personal data about the member. A member may choose to opt-out of receiving the benefits associated with our use of cookies at any time by following a simple procedure to manually delete his or her cookies. Members should refer to their respective browser's user manual for instructions on taking such action.

USE OF INFORMATION: Peak Symmetry uses the information voluntarily given by our members to enhance their experience on our site to better prepare future content based on the interests of our members. Peak Symmetry may also use the aggregated information to attract additional labels and advertisers. We use tracking information to determine which areas of our sites members like and don't like based on traffic to those areas. Peak Symmetry does not track what individual members read, but rather how well each page performs overall. This helps us continue to build a better service for you.

SHARING OF INFORMATION: Peak Symmetry will not release any personally identifiable information relating to any customer.

CHILDREN PRIVACY: Registrants of the Paths to Peak Wellness service must be over the age of 18. Peak Symmetry’s web sites, products, and services are not developed for or directed at children. If you believe your child has provided Peak Symmetry with personally identifiable data, or registered a Peak Symmetry web site, and you would like to have them removed, please contact peaksymmetry.com.

CORRECT / UPDATE POLICY: Peak Symmetry offers members the ability to correct or change the information collected during the registration process. The instructions for doing this can be found in our Members area. Members may change this information at any time and as often as necessary. Members who are experiencing problems or who have any questions about how our services work can contact us at Peaksymmetry.com.

LEGAL TERMS AND CONDITIONS

COPYRIGHTS: All materials incorporated in or accessible through this site, including without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of this site are protected by US and international copyright laws, and are owned or controlled by Peak Symmetry or by the original creators of such materials or their respective assignees. Any copying, reproduction, modification, sale, distribution, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without express authorization of Peak Symmetry or other copyright owner is strictly prohibited. In the event of any permitted use of such materials, including without limitation, any copying, reproduction, distribution, republication, downloading, or display thereof, you will make no changes in or deletion of author attribution, trademark legend, or copyright notice. No right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.

TRADEMARKS: "Peak Symmetry" and the Peak Symmetry logo and “www.peaksymmetry.com” and all other graphics, logos, trade names and service names incorporated in this site are trademarks or registered trademarks of their respective owners, and are protected by Canadian and international trademark laws. None of such trademarks may be used in connection with any product or service other than in association with Peak Symmetry or the respective owners of the trade names or trademarks in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Peak Symmetry.

Disclaimer of warranties and limitation of liability: you expressly agree that use of the service is at your sole risk. The service is provided on an "as is" and an "as available" basis. Peak Symmetry does not make, and hereby disclaims, any representations or warranties regarding the service, Peak Symmetry’s website and the products and services offered through the Peak Symmetry website or any portion thereof, express, implied or statutory, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights and the suitability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, products and related graphics contained within the Peak Symmetry website, service or products.

You hereby agree that we will not be liable for indirect, special or consequential damages or any loss of revenue, profits or data arising in connection with this agreement or the service, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the service will not exceed the total fees paid by you under this agreement. You assume the entire cost of all necessary maintenance, repair, or correction resulting from your access to or use of this site or any third-party site accessed through this site.

Refund Policy: Our money back-guarantee must be claimed within 30 days of purchasing Paths to Peak Wellness.

Right to amend: Peak Symmetry reserves the right to make changes to this site and these disclaimers, terms and conditions at any time without prior notice. The privacy statement contained herein is not intended as a contract or as creating any legal rights, and may be amended from time to time.