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Terms & Conditions

Welcome

Welcome to Peak Electronics Online (the "Site"). By using the Site, you agree to be bound by these Terms of Service, by PEO's Privacy Policy, and by any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site. If you do not agree to these Terms of Service, please do not use this Site. We may change these Terms of Service at any time in our sole discretion. By continuing to use the Site after the Terms of Service have been revised and posted, you agree to be bound by the Terms of Service as modified. In the event of a conflict between these Terms of Service and any notices, policies, disclaimers or other content contained on the Site, these Terms of Service shall control.

The Site's Services

The Site provides a marketplace for you to view and purchase products and services that we think will be of interest to you. Information about each product or service is supplied to us by the vendor of the relevant product or service. All products and services advertised on the Site, descriptions, images, illustrations, designs, icons, photographs, video clips, and other materials are provided for your personal, non-commercial use.

The offers and information you see on the Site are invitations to you to make us an offer to purchase the products and services described on the Site. When you submit an order to make a purchase from the Site, you are making an offer to us, which we accept only by shipping the items ordered to you. Your receipt of an electronic or other form of order confirmation does not constitute our acceptance of your offer and any such confirmations you may receive are subject to correction prior to shipment for any reason.

We make every effort to provide accurate, reliable, and up-to-date information on the Site. However, on occasion, some of the information on the Site may contain errors or incomplete or inaccurate information. We make no claims regarding the accuracy of the information on the Site, and all content on the Site is made available to you on an "as is" basis. We reserve the right to correct errors or to update information on the Site at any time without prior notice to you. We also reserve the right to cancel or refuse any orders made for products or services listed at an incorrect price. We reserve the right to cancel or refuse any such order whether or not it has been confirmed and/or your credit or debit card charged. If your credit or debit card account has already been charged for the purchase and your order is canceled, we will issue a credit to your account in the amount of the applicable charge. If you receive a product or service that is not as described on the Site, your sole and exclusive remedy is to return it to us in unused condition in accordance with our Return Policy. Please note that although we make every effort to display accurately the colors of the products that appear on our Site, the actual colors you see will depend on the quality and settings of your monitor and we cannot guarantee that your monitor's display of any color will be accurate.

Registration Information

Some features and services on the Site, including, without limitation, the ability to make purchases from the Site, require that you provide a user name and password and create an "Account" for access. In addition, to make a purchase from the Site, we will ask you to provide personally identifying information and financial information, such as your name, address, credit or debit card number, and e-mail address. You agree to provide complete and accurate information in these instances. If we believe that the information you provide is incomplete or inaccurate, we have the right to terminate your Account and prohibit you from using the Site or portions of the Site. Our use of the information you provide is governed by the terms of our Privacy Policy. You are responsible for maintaining the confidentiality of your Account information and for any purchases made on the Site or other uses of the Site under your Account (whether by you or others). By using the Site, you agree that PEO will not be liable for any losses or damages arising out of your failure to protect the confidentiality of your password or other Account information. If you become aware of any unauthorized use of your Account, you agree to notify us immediately by sending an e-mail to: customerservice@peakelectronicsonline.com.

Purchases on the Site

We've selected the products and services available for purchase from the Site because we believe they will be of interest to you. Many of the products and services are available in limited quantities and/or for a limited time. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. After our receipt of your order, without prior notice to you, we reserve the right to ship to you fewer units of any item than the quantity you ordered, and you will be charged only for the items we ship to you.

You agree that you are responsible for all payments relating to all purchases from the Site made under your Account. These payments include: the purchase price of the products and services ordered, applicable taxes, and shipping and handling charges. PEO and other companies selling products and services over the Internet may be subject to sales tax collection requirements, as are any other retailers. Generally, the tax applied to an order will be based upon the state and local rates applicable to the jurisdiction to which your order is shipped. Accordingly, the sales tax applied to an order shipped to your home address may be different from the tax that would be applied to an order for the same items shipped to your work address. Please note that you may be obligated to pay use tax for orders shipped to jurisdictions in which we are not obligated to collect sales tax. For more information about applicable sales tax, select: Do I Have to Pay Sales Tax on Purchases?.

Intellectual Property; Our License to You

Unless otherwise noted, the Site and all of the information, content, services, and software displayed on, transmitted through, or used in connection with the Site (collectively, the "Site Content") is our property or the property of our affiliates or licensors, and is protected by copyright, trademark, and other intellectual property laws. You may use the Site Content for your personal, non-commercial use only, and you may download or print a single copy of any portion of the Site Content for your personal, non-commercial use, provided you don't remove or modify any trademark, copyright, or other notices contained in that Site Content. You may not use the Site or the Site Content in any way that constitutes an infringement of anyone's rights or in any way that we haven't specifically authorized. You may not copy, display, distribute, reproduce, license, frame, alter, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works based upon, or in any way exploit any of the Site Content, in whole or in part.

Prohibited Uses

You agree that in using the Site, you will not:

  • make purchases for speculation, fraudulent sale purposes, or to anticipate demand for products or services;
  • attempt to gain unauthorized access to the Site or assist others attempting to do so;
  • restrict other authorized users from using the Site;
  • post or transmit any material that contains a virus or other harmful component;
  • gather other people's personal information, including e-mail addresses, through the Site;
  • collect material on the Site using any unauthorized means, including, without limitation, scraping, indexing, bots, or other automated methods of gathering content;
  • frame any of the Site Content, or incorporate into another website or another service any of the Site Content;
  • advertise or solicit users to buy or sell products or services or make any other contributions, or use the Site for commercial purposes without our express written approval;
  • misrepresent yourself or your affiliation with any person or entity; or
  • infringe the rights of PEO, or others, including, without limitation, rights of privacy and publicity, copyright, trademark, or other proprietary rights.

Notice of Copyright Infringement

If you believe your copyrighted material has been copied, posted, or distributed on the Site in a way that infringes your copyright rights, please send written notice to us at:

Mountain Buy Direct, LLC
270 Center Dr.
Glenwood Springs, CO 81601

(Please note that this Designated Copyright Agent is only for reporting claims of copyright infringement on the Site. Contacts for other matters are provided elsewhere through these Terms of Service. For general inquiries, please contact PEO at: customerservice@peakelectronicsonline.com.

In accordance with copyright law, please include in your written notice: (i) a detailed description of the work you believe is being infringed; (ii) a description (such as the subdomain link) of the location on the Site where the allegedly infringing content appears; (iii) your contact information, including name, address, telephone number, and e-mail address; (iv) a statement that you have a good-faith belief that the allegedly infringing use is not authorized by you as the copyright owner, by your agent, or by law; (v) a statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are, or are authorized to act on behalf of, the copyright owner; and (vi) your original or electronic signature.

Indemnification

You agree to indemnify and hold harmless PEO, and each of it's respective affiliates, shareholders, distributors, licensors, officers, directors, agents, and employees against and from any or all claims, demands, judgments, costs, liabilities, expenses (including attorneys' fees), and damages arising out of claims resulting from your use of this Site, including, without limitation, any breach or alleged breach by you of these Terms of Service.

Disclaimer of Warranties and Damages; Limitation of Liability

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL SITE CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, PMC AND AARP MAKE NO REPRESENTATIONS FOR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER: (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE; AND (3) THAT THE SITE WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THE SITE, THE SITE CONTENT, OR ANY THIRD-PARTY WEBSITES ACCESSED VIA THE SITE, OR THE RESULTS OF YOUR USE OF THE SITE, THE SITE CONTENT, OR ANY THIRD-PARTY WEBSITES.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO PMC'S OR AARP'S NEGLIGENCE, SHALL PMC, AARP, OR ANY OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, OR AFFILIATES, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENT AND FUNCTIONS OF THIS SITE OR ANY THIRD-PARTY SITE ACCESSED FROM THE SITE, EVEN IF PMC, AARP, OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Applicable Law

The Site is created, operated, and controlled by PEO in the State of Colorado, United States of America. The laws of the state of Colorado, without regard to its conflicts of law provisions, will govern these Terms of Service and your use of the Site and the Site Content.

Termination

We may terminate your right to access and/or use the Site or any feature or part of the Site at any time, without notice to you, for any reason, including, without limitation, any violation of these Terms of Service. If we terminate your right to access or use the Site, or any part of the Site, the disclaimers and limitations on liability included in these Terms of Service shall survive such termination.

Entire Agreement

These Terms of Service constitute the entire agreement between you and us about the subject matter contained in these Terms of Service, and supersede all prior and contemporaneous agreements or other communications (written or oral) among you and PEO relating to the Site or these Terms of Service.

Notice to California Users

Under California Civil Code Section 1789.3, California Site users are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Contact Us

We hope you have a positive online retail shopping experience. If you have any questions or concerns about the Site, the Site Content, or these Terms of Service, please email PEO's customer care center at: customerservice@peakelectronicsonline.com

While we welcome your feedback and comments regarding the Site, we do not wish to receive any confidential or proprietary ideas, suggestions, concepts or submissions. Please note that any and all material or content you may submit to us and/or post via the Site (collectively "your Submissions") shall become and remain the property of PEO. To the extent ownership of your Submissions does not vest with PEO, upon providing your Submissions, you grant PEO a perpetual, irrevocable, world-wide, non exclusive, fully-paid up, royalty-free license to use, commercially exploit, and sublicense your Submissions for any purpose, in any manner or medium, now known or hereafter developed.

* Applies only to shipments within the 48 contiguous United States. It does not apply to deliveries by a commercial freight trucking company or to additional services such as inside delivery, notification, or express shipment.