PEAK LEARNING, INC. CUSTOMER AGREEMENT

February 28, 2017

We appreciate and thank You for using Our products and services; such products and services include, but are not limited to, this website, programs, materials, data, videos, and modules also sometimes called AQ Profile®, AQ® Enrollment, AQ® Team Briefing Kit, Real Deal®, AQ SkillBuilders™, GRIT™, GRIT Gauge™, Student GRIT Gauge™, CORE©, LEAD©, AQ® Health, AQ® Online Ascent, Monthly Ascent, AQ Profile for Screening Applicants™, MyQuest™ and Climbers Guidebook© (individually and collectively known as the “Services").

This site and the Services are developed by PEAK Learning, Inc., a California corporation ("PEAK," “We,” “Us” and “Our”) and occasionally offered through Our affiliates or Your employer or prospective employer. This PEAK Learning, Inc. Customer Agreement ("Agreement") sets forth the terms under which You, as a user ("You" and "Your") are authorized by PEAK to access this site and utilize Our Services.

Access to and use of this site and Services is by permission of PEAK only, and only for participants who accept this Agreement. PEAK may grant or withhold approval in its sole discretion.

1. NATURE OF AGREEMENT. This Agreement is a legal contract made between You and PEAK, on behalf of itself and its affiliates and partners. By accepting this Agreement, either by clicking a box indicating Your acceptance or use of Our Services, You may access and use the Services in accordance with this Agreement.
 If You are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms "You" or "Your" shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these terms and conditions, You must not accept this Agreement and may not use the services.

2. YOUR ACCOUNT. To access the Services, You must create an account associated with a valid e-mail address or username. Unless explicitly permitted by the Service Terms, You may only create one account per email address. You are responsible for all activities that occur under Your account, regardless of whether the activities are undertaken by You, Your employees or a third party (including Your contractors or agents), except to the extent caused by Our breach of this Agreement. You agree to take all reasonable steps to safeguard Your e-mail address, username and password (if applicable) for this site and Our Services so as to ensure that no unauthorized person will have access to it, and that no persons authorized to have access will make any unauthorized use. We and Our affiliates are not responsible for unauthorized access to Your account. You will contact us immediately if You believe an unauthorized third party may be using Your account or if Your account information is lost or stolen.

3. LIMITED, REVOCABLE LICENSE GRANT. As between You and Us, We or Our affiliates or licensors own and reserve all right, title, and interest in and to Our Services. We hereby grant to You a limited, revocable, non-exclusive, non-assignable, non-sublicensable license, for Your sole use only, for the term of this Agreement, to access and use this site and Our Services, in whole or part, and any user's guides, specifications, and other related documentation available online (the "Documentation"), subject to the terms and conditions of this Agreement. The licenses granted herein are conditioned upon payment for Our Services by You, Your employer, Your prospective employer, or a PEAK affiliate You are associated with, in advance of Your access to Our Services, in whole or part. This payment condition does not include PEAK approved samples or research.

4. CHANGES TO SERVICES. We may add to, change, discontinue, or minimize any of Our Services (including the Services Offerings as a whole) or add to, improve, change or remove features or functionality of Our site and Services from time to time. We will notify You of any material change to or discontinuation of Our site and Services

5. OWNERSHIP OF THE SITE AND INTELLECTUAL PROPERTY. PEAK retains all rights to this site and Our Services and the Documentation not specifically granted in this Agreement. PEAK owns this site and Our Services and the Documentation and all trademark, copyright and other intellectual property rights therein, and this Agreement does not transfer to You any title to or any proprietary or intellectual property rights in or to this site and Our Services, in whole or part, any updates or derivative works thereto, or the Documentation, or any copyrights, patent rights, or trademarks embodied or used in connection therewith, except for the rights expressly granted in this Agreement. This site and Our Services and the Documentation are protected by United States laws and international treaty provisions. YOU MAY NOT USE, COPY, OR MODIFY THE SERVICES, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

6. LICENSE RESTRICTIONS. To the maximum extent permitted by law, You or any other user shall not (a) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in Our site or Services, (b) reverse engineer, disassemble, or decompile Our site and Services or apply any other process or procedure to derive the source code of any software included in Our site and Services; (c) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer this site and Our Services access to any third party; or (d) make any copy of or otherwise reproduce this site and Our Services, in whole or part, (or any of the browser screens) comprising this site and Our Services user interface(s) except for those copies necessarily made by the personal computer and Internet browser that are running this site and Our Services, in whole or part. During and after the Term, You will not assert, nor will You authorize, assist, or encourage any third party to assert, against us or any of Our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Service Offerings You have used. You shall promptly report to PEAK any unauthorized use of this site and Our Services, in whole or part, of which You become aware and shall take such further steps as may reasonably be requested by PEAK to prevent unauthorized use thereof.

7. YOUR OBLIGATIONS. You or Your employer, or Agent shall be solely responsible for the following: (a) providing all hardware, software, and communications capabilities required for use of this site and Our Services, in whole or part, including, without limitation, personal computers with sufficient processing speed to access this site and Our Services, in whole or part; and (b) providing and maintaining, at all times during the term of this Agreement, the Internet access necessary for Your use of this site and Our Services, in whole or part.


8. TERM AND TERMINATION. The license granted in this Agreement is effective until terminated as provided in this Agreement. The term of this Agreement and the license granted herein shall commence on the date You agree to this Agreement and access this site and Our Services, in whole or part. PEAK may terminate the license and this Agreement at any time on written notice to You that You, Your employer, Your prospective employer, or a PEAK affiliate You are associated with, or Your agent has failed to pay any amount due to PEAK under this or any related Agreement. This license shall also terminate automatically on Your, Your employer’s, Your prospective employer’s, or a PEAK affiliate You are associated with, or Your agent's refusal or failure to comply with any of the other terms of this Agreement. On termination of this Agreement, You agree to promptly destroy all printed copies and delete all electronic copies of any documentation that You have downloaded, printed, or created relating to this site and Our Services, in whole or part, and to ensure that no copies of any of the this site and Our Services, data, or other content remain archived or otherwise stored on Your computers. Notwithstanding termination, the provisions of Sections 5, 8, 9, 10, 11, and 15 of this Agreement shall survive and continue to apply.


9. CONFIDENTIALITY. You agree that You shall not disclose to any third party this site and Our Services, in whole or part, or any portion thereof, any technical, product, or business information, or any information related to a user’s scores or data related to this site and Our Services (collectively, "Confidential Information") related to this site and Our Services, in whole or part, without the prior written consent of PEAK. You shall maintain the confidentiality of all Confidential Information and shall not use it for any purpose other than the performance of this Agreement. Notwithstanding the foregoing, Confidential Information does not include information that You can demonstrate was (a) publicly available at the time of disclosure, or later became publicly available through no act or omission by You; (b) in Your possession before disclosure by PEAK; or (c) disclosed to You by a third party not in violation of any obligations of confidentiality to PEAK or to any third party.

10. LIMITATION OF LIABILITY. You are not entitled to receive damages from PEAK for any cause relating to this Agreement, to Your use of this site and Our Services, in whole or part, to any services provided by PEAK under this Agreement, or to any services provided by any third party in connection with Your use of this site and Our Services, in whole or part. In addition, in no event shall You be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or otherwise interfere with PEAK or with the distribution, operation, development, or performance of this site and Our Services, in whole or part, or any related products.
IN NO EVENT SHALL PEAK BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES, IN WHOLE OR PART. IN NO EVENT SHALL PEAK BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO EMOTIONAL DISTRESS AND/OR ANY OTHER DAMAGES ALLEGED OR ACTUALLY RESULTING FROM YOUR USE OF THE SERVICE OR DATA WE MAY COLLECT IN PROVIDING THE SERVICES. AS SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


11. LIMITED WARRANTY AND DISCLAIMER. THIS WEBSITE AND SERVICES, AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS WEBSITE OR RELATED IN ANY WAY TO PEAK’S SERVICES, INCLUDING, WITHOUT LIMITATION, QUESTIONNAIRES, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. PEAK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES, IN WHOLE OR PART, WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES, IN WHOLE OR PART, WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, PEAK DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE SERVICES, IN WHOLE OR PART, AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE SERVICES, IN WHOLE OR PART.


12. PRIVACY. PEAK’s Privacy Policy explains how We treat Your personal data and protect Your privacy when You use Our Services. By using Our Services, You agree that We can use such data in accordance with Our privacy policies.

13. COPYRIGHT INFRINGEMENT. If You believe that Your work has been copied in a way that constitutes copyright infringement, please submit a report in writing, and please provide Us with all of the following information:

• A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that You claim has been infringed upon;
• A description of where the material that You claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:


Please note that this procedure is exclusively for notifying Us that Your copyrighted material has been infringed.

14. MODIFICATION. We may modify this Agreement (including any Policies) at any time by posting a revised version on Our site or in the Services or by otherwise notifying You. The modified terms will become effective upon posting or, if We notify You by email, as stated in the email message. By continuing to use Our Services after the effective date of any modifications to this Agreement, You agree to be bound by the modified terms. It is Your responsibility to check this site and Our Services regularly for modifications to this Agreement. We last modified this Agreement on the date listed at the beginning of this Agreement.

15. GOVERNING LAW. This Agreement shall, in all respects, be governed by and be construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions, with venue taking place in the city of San Luis Obispo, San Luis Obispo County.

16. FORCE MAJEURE. If the performance of PEAK under this Agreement is prevented, hindered, or otherwise made impractical by reason of flood, strike, war, acts of government, or any other casualty or cause beyond the control of PEAK, then PEAK shall be excused from its performance to the extent and so long as it is prevented, hindered, or delayed by such event(s).

17. SEVERABILITY. If any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, then to the maximum extent permitted by law, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement.

18. NO ASSIGNMENT. You may not assign this Agreement or any of the rights granted by PEAK hereunder, in whole or in part, without the prior written consent of PEAK, and any attempt to do so shall be void. Such consent may be withheld for any reason. This Agreement is binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns.


19. EXPORT CONTROL. You agree to obey and comply with any and all applicable United States laws, rules, and regulations governing the export of this site and Our Services, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control.


20. ACKNOWLEDGEMENT AND EXCLUSIVITY. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PEAK, AND THAT IT SUPERSEDES ANY PROPOSAL, PRIOR AGREEMENT, OR UNDERSTANDING, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND PEAK RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Privacy Policy

Your privacy is of utmost importance to PEAK Learning, Inc. (“PEAK,” “We,” and “Us”). We have developed this Privacy Policy as part of our commitment to protecting your privacy. We want to ensure that you clearly understand our service, the information we collect, how that information may be used, with whom such information may be shared, and your choices about such uses and disclosures.
PLEASE READ THIS PRIVACY POLICY CAREFULLY. By accessing or using Our website or Services in any manner, you agree to be bound by this Privacy Policy and PEAK’s Customer Agreement (this “Agreement”), irrespective of who you are (e.g., a registered user, an account holder, a casual browser, an affiliate, an employer or organization, etc.) and your reasons for accessing or using the site and Services (as defined below).
If you have any questions about this Privacy Policy or our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
1. ABOUT OUR SERVICES. We provide and utilize proprietary products and services; such products and services include, but are not limited to, this website, software programs, materials, data, videos, and modules also sometimes called AQ Profile®, AQ® Enrollment, AQ® Team Briefing Kit, Real Deal®, AQ SkillSites®, AQ SkillBuilders®, GRIT™, GRIT Gauge™, CORE©, LEAD©, AQ® Health, AQ® Online Ascent, AQ Profile for Screening Applicants™, and Climbers Guidebook© (individually and collectively (the “Services”). How you, your employer, your prospective employer, organizations use it will vary. Some individual, organizations, or companies will use our Service’s proprietary method of understanding, assessing, and strengthening the way people perform under demanding circumstances as one among several factors when deciding whether to train, promote, hire, or fire a particular individual. Other affiliates, organizations, or companies will use our Service as a component in a comprehensive learning or training program.

2. INFORMATION WE COLLECT ABOUT YOU. In order to be able to provide you with our Service, PEAK may ask you demographic and personal data including but not limited to the following: name, e-mail address, username, gender, age or age-range, country, state or territory of residence, employment position and other relevant information, education level, ethnicity, athletic or fitness activities, net worth, or investment risk level. Moreover, to utilize Our Services, we will ask you to respond to questions, surveys, or otherwise interact with the Services in a manner that produces information about you. We use various technologies to collect and store information when you use Our Service, and this may include sending one or more cookies or anonymous identifiers to your internet browser or device. PEAK utilizes a secure third-party service to process your payment. As such, PEAK does not store any credit card data it transmits or receives via encrypted communication with Authorize.net. Further, PEAK does not store credit card details within your user profile or account. Authorize.net is a PCI DSS compliant service provider.
3. HOW WE USE THE INFORMATION. We use your personal information for the following purposes:
(a) Our Direct Uses:

• It is required in order to create an account and to complete the registration process.
• It is used by the Services to assess, produce, and grow your ability to perform under demanding circumstances.
• It is used to alert you to upgrades, special offers, and additional information and services from us.
• It is used generally for research purposes as a way of making content more relevant to you and our other users.

(b) Affiliated Businesses We Do Not Control:
We work closely with affiliated businesses and/or your organization, employer, and/or your prospective employer. For instance, your employer or prospective employer may use Our Services to operate stores, provide services, or sell product lines jointly with these businesses. You can often tell when a third party is involved in your transactions because you will have reached our site through the third party website.
4. ACCESS TO THE INFORMATION. We store the personal information you provide to us and in anonymous information we collect on our computer server. We use a variety of security technologies to protect your personal information from unauthorized use, access or disclosure. Except as provided in this Privacy Policy, we do not provide any of your information to third parties. We will never sell your information to any third party.

PLEASE NOTE: IF YOU HAVE GRANTED AUTHORITY FOR YOUR ORGANIZATION, COMPANY, EMPLOYER, OR PROSPECTIVE EMPLOYER AN EXPRESS OR IMPLIED RIGHT TO ACCESS YOUR ACCOUNT, PEAK AND ITS AFFILIATES DO NOT CONTROL OR GOVERN WHO HAS ACCESS TO YOUR ACCOUNT AT THOSE LOCATIONS. SHOULD YOU DESIRE TO KNOW THIS INFORMATION, PLEASE CONTACT YOUR ORGANIZATION, COMPANY, EMPLOYER, OR PROSPECTIVE EMPLOYER DIRECTLY TO DETERMINE WHO MAY HAVE ACCESS TO INFORMATION YOU PROVIDE OR THAT WHICH WE MAY COLLECT ABOUT YOU.
5. YOUR CHOICES ABOUT THE USE OF SUCH INFORMATION. After you register, you are the only one who knows the password to your account. You can review and edit your personal information at any time. At any time, you have the right and option to remove your personally identifiable information from Our Services by e-mailing us at the address listed below. Unless you terminate your account, you agree that We, our affiliates, and your organization, company, employer, or prospective employer may have the right to retain and use all data you provided including account information and information you enter as you use the Services. If you leave your place of employment, you will no longer have the ability or the right to access the Website. Therefore, if you do not want your data being used by Us, our affiliates, and your organization, company, employer, or prospective employer it is your responsibility to make sure you terminate your account and remove yourself from Our computer database.

6. OUR RIGHT TO MODIFY OR CHANGE THIS PRIVACY POLICY. PEAK reserves the right to change the terms and conditions contained in this Privacy Policy at any time without notice to you. Such changes are effective once they appear on the Website. You are responsible for regularly reviewing this Privacy Policy in order to note any changes. Your continued accessing or using this Website and the Service after such changes have been made will constitute acceptance by you of such changes.
7. OUR CONTACT INFORMATION. If you have any questions about this Privacy Policy, please feel free to contact us by emailing us at info@peaklearning.com.

Purchase/Refund Policy

At PEAK, everything we create is scientifically tested, & validated. We know, from the one million people, like you, worldwide who have purchased our AQ and GRIT tools, that if you really apply yourself and make good use of your purchase, it can have a positive, meaningful, and enduring impact on you and your life.

However, due to the nature of the products and services offered by PEAK, we do not offer refunds, returns, or exchanges. Simply, this means that all sales are final with no exceptions. If there is a technical issue with your product or service, please contact us at info@peaklearning.com within 30 days of your purchase.