Your use of the Peak Insurance Advisors, LLC or any affiliate brand (hereafter COMPANY
or WE) web site or any of the products or services offered on the site (collectively,
these Terms at any time without notice to you by posting revised Terms on our site.
Your use of our site constitutes your binding acceptance of these Terms, including
any modifications that we make.
Some of the Services may be subject to additional posted conditions. Your use of
those Services is subject to those conditions, which are incorporated into these
Terms by reference. In the event of an inconsistency between these Terms and any
additional posted conditions, the provisions of the additional conditions shall
We have the right, but not the obligation, to take any of the following actions
in our sole discretion at any time and for any reason without giving you any prior
notice: Restrict, suspend, or terminate your access to all or any part of our Services;
Change, suspend, or discontinue all or any part of our Services; Refuse, move, or
remove any material that you submit to our site for any reason; Refuse, move, or
remove any content that is available on our site; Deactivate or delete your accounts
and all related information and files in your account; Establish general practices
and limits concerning use of our site. You agree that we will not be liable to you
or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service
announcements and administrative messages from us and that these communications
are considered part of the Services. You will not be able to opt out of receiving
Third-party sites, products, and services
Our site contains links to other Internet sites owned by third parties. Your use
of each of those sites is subject to the conditions, if any, that each of those
sites has posted. We have no control over sites that are not ours, and we are not
responsible for any changes to or content on them. Our inclusion on our site of
any third-party content or a link to a third-party site is not an endorsement of
that content or third-party site. Your correspondence or related activities with
third parties, including payment transactions and goods-delivery transactions, are
solely between you and that third party. You agree that we will not be responsible
or liable for any loss or damage of any sort incurred as the result of any of your
transactions with third parties. Any questions, complaints, or claims related to
any product or service should be directed to the appropriate vendor.
Some of the Services require you to pay a fee, as described in the specific conditions
included where those Services are offered. You agree to pay all fees and charges
that you incur. Unless otherwise noted, all currency references are in U.S. dollars.
We may, upon notice if required by applicable laws, at any time change the amount
of, or basis for determining, any fee or charge, or institute new fees or charges.
All fees and charges are payable in accordance with payment terms in effect at the
time the fee or the charge becomes payable.
No Guarantee of Service or Product
There is no guarantee that you will be approved and offered an insurance product
or service even after you complete forms on this website and/or you submit information
Intellectual Property of COMPANY
The following are some, but not all, of the trademarks of COMPANY or trademarks
used under license by COMPANY: ResidentShield.com.
The "look" and "feel" of the site, including the color combinations, button shapes,
layout, and all other graphical elements is also a COMPANY Trademark. Any "Third
Party Trademarks" used on the website are the property of their respective owners
and are used under license. Your use of the website does not grant you a license
or any rights in the COMPANY Trademarks or any Third Party Trademarks on the website.
The technology and the software underlying our site and the Services is the property
of COMPANY. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute,
reverse engineer, grant a security interest in, or otherwise transfer any right
to the technology or software underlying our site or the Services. You agree not
to modify the software underlying our site in any manner or form or to use modified
versions of such software, including (without limitation) for the purpose of obtaining
unauthorized access to our site.
The content of this site, including but not limited to the text and images herein
and their arrangement, are copyright Â© 2008 Peak Insurance Alliance, LLC. All rights
reserved. DO NOT copy or adapt the HTML that COMPANY creates to generate pages.
It also is covered by copyright.
Any unauthorized use including, but not limited to, reproduction, transfer, transmission,
dissemination and storage in a retrieval system of any content of this site, is
strictly prohibited. COMPANY has registered a designated agent with the U.S. Copyright
Office pursuant to 17 U.S.C. 512(c). If you believe your copyrighted material is
being used on this site without permission, please notify COMPANY'S designated agent
Yardi Systems, Inc.
430 South Fairview Avenue
Santa Barbara, CA 93117
You agree that you will not use our site to take any of the following actions: Defame,
abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit")
any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful
content; Transmit files that contain viruses, corrupted files, or any other similar
software or programs that may damage or adversely affect the operation of another
person's computer, our site, any software or hardware, or telecommunications equipment;
Advertise or offer to sell any goods or services for any commercial purpose unless
you have our written consent to do so; Transmit surveys, contests, pyramid schemes,
spam, unsolicited advertising or promotional materials, or chain letters; Download
any file that you know or reasonably should know cannot be legally obtained in such
manner; Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or the source of software or
other material; Restrict or inhibit any other user from using and enjoying any public
area within our site; Collect or store personal information about other end users;
Interfere with or disrupt our site, servers, or networks; Impersonate any person
or entity, including, but not limited to, a COMPANY representative, or falsely state
or otherwise misrepresent your affiliation with a person or entity; Forge headers
or manipulate identifiers or other data in order to disguise the origin of any content
transmitted through our site or to manipulate your presence on our site; Take any
action that imposes an unreasonably or disproportionately large load on our infrastructure;
Engage in any illegal activities.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive
or that might otherwise subject us to public disparagement or scorn, we reserve
the right, without prior notice to you, to automatically change your username, delete
your posts from our site, deny you access to our site, or any combination of these
If we request registration information from you, you will provide us with true,
accurate, current, and complete information. You will promptly update your registration
to keep it accurate, current, and complete. If we issue you a password, you may
not reveal it to anyone else. You may not use anyone else's password. You are responsible
for maintaining the confidentiality of your accounts and passwords. You agree to
immediately notify us of any unauthorized use of your passwords or accounts or any
other breach of security. You also agree to exit from your accounts at the end of
each session. We will not be responsible for any loss or damage that may result
if you fail to comply with these requirements.
Unauthorized access to our site is a breach of these Terms and a violation of the
law. You agree not to access our site by any means other than through the interface
that is provided by COMPANY for use in accessing our site. You agree not to use
any automated means, including, without limitation, agents, robots, scripts, or
spiders, to access, monitor, or copy any part of our site, except those automated
means that we have approved in advance and in writing.
You hereby agree to indemnify, defend and hold COMPANY and all of our officers,
directors, owners, employees, agents, information providers, affiliates, partners,
and licensors (collectively, the "COMPANY Parties") harmless from and against any
and all liability, losses, costs, and expenses (including attorneys' fees) incurred
by COMPANY in connection with any claim, including, but not limited to, claims for
defamation, violation of rights of publicity and/or privacy, copyright infringement,
or trademark infringement arising out of: Your use of our site(s); Any use or alleged
use of your accounts or your passwords by any person, whether or not authorized
by you; The content, the quality, or the performance of content that you submit
to our site; Your connection to our site; Your violation of these Terms; or Your
violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control
of any matter for which you are required to indemnify us, and you agree to cooperate
with our defense of these claims.
We disclaim any responsibility for the deletion, the failure to store, the mis-delivery,
or the untimely delivery of any information or material. We disclaim any responsibility
for any harm resulting from downloading or accessing any information or material
on the Internet using search results from our site. We disclaim any responsibility
for, and if you subscribe to one of our fee-based services you will not be entitled
to a refund as a result of, any service outages that are caused by our maintenance
on the servers or the technology that underlies our site, failures of our service
providers (including telecommunications, hosting, and power providers), computer
viruses, natural disasters or other destruction or damage of our facilities, acts
of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION,
WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITE. OUR SITE AND CONTENT
ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD
OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. WE MAKE NO
WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) OUR SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF OUR SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITE WILL
MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. WE DO NOT MAKE ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS,
OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE
QUALITY AND THE PERFORMANCE OF OUR SITE AND THE ACCURACY OR COMPLETENESS OF ITS
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY
CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
COMPANY may be required by state or federal law to notify you of certain events.
You hereby acknowledge and consent that such notices will be effective upon our
posting them on our site or delivering them to you through e-mail. You may update
your e-mail address by visiting the Services where you have provided contact information.
If you do not provide us with accurate information, we cannot be held liable if
we fail to notify you.
Our failure to exercise or enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of any COMPANY site or these Terms must
be filed within one (1) year after such claim or cause of action arose or be forever
These Terms, including all terms, conditions, and policies that are incorporated
into these terms by reference, constitute the entire agreement between you and COMPANY
and govern your use of our site, superceding any prior agreements that you may have
Use of our site is subject to existing laws and legal process. Nothing contained
in these Terms shall limit our right to comply with governmental, court, and law-enforcement
requests or requirements relating to your use of our site.
These Terms shall be construed in accordance with the laws of the State of Texas,
and the parties irrevocably consent to bring any action to enforce these Terms before
a court of competent jurisdiction in Dallas County, Texas.
If any part of these Terms is determined to be invalid or unenforceable pursuant
to applicable law, then the invalid or unenforceable provision will be deemed superceded
by a valid, enforceable provision that most closely matches the intent of the original
provision, and the remainder of the Terms shall continue in effect.