Terms of Use

IMPLEMENT Program

 

Please read the Terms of Use for the Program carefully and in their entirety before purchasing and using IMPLEMENT (hereinafter referred to as the “Program”). The Program and its content are owned by PEAK Complyance, LLC.

1.   Definitions:

 “Company”, “We”, “I”, “Our”, or “Us” means PEAK Complyance, LLC.

 “Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.

 “Program” means all versions, variations, and components of IMPLEMENT.

 “You” or “Your” means the purchaser and person using the Program.

 2.   Consent:

By participating in the Program, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Program are protected by applicable copyright and trademark law.

3.   Use License

  1. Permission is granted to temporarily download one copy of any downloadable materials on the Program’s website for organization transitory use and under this license you may:
  2. modify or copy the materials for the licensed organization only;
  3. Each organization, as defined by assessment scope, must purchase it’s own license/subscription.
  4. This is the grant of a license, not a transfer of title, and under this license you may not:
  5. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  6. attempt to decompile or reverse engineer any software contained on the Program’s web site;
  7. remove any copyright or other proprietary notations from the materials; or
  8. transfer the materials to another person or 'mirror' the materials on any other server.
  9. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
  10. By participating in FutureFeed program you are agreeing to their Terms and Conditions found here: https://futurefeed.co/legal/terms

 4.   DISCLAIMER:

By participating in the Program, you understand that Nancy Laney is a certified Cyber-AB, Registered Practitioner Advance and Coach and the CEO and owner of PEAK Compliance, LLC.

This Program is for informational and educational purposes only. The information and education provided is not intended or implied to supplement or replace the professional advice of your own IT consultant or Chief Information Security Officer (CISO) with respect to your specific technical environment. Consider consulting with a local IT professional to discuss any issues or questions specific to your technical environment.

Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. The materials appearing on the Program’s website may include technical, typographical, or photographic errors. The Program may make changes to the materials contained on its web site at any time without notice. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you.

5.   Assumption of the Risk

You should use your best judgment in using the information provided in the Program, which is done at your own risk. It is your responsibility to discern the risk of using the Program or its content. You assume responsibility for your actions, choices, or lack thereof, related to the Program. 

By enrolling in the Explorer’s Pass membership program and accessing the content provided at no charge, you, the Member, expressly agree to adhere to the following terms and conditions:

  1. Prohibition on Sharing Sensitive Information: As a Member, you are strictly prohibited from sharing, uploading, transmitting, or distributing any Federal Contract Information (FCI) or Controlled Unclassified Information (CUI) in any format and through any medium to any systems that are accessible via the Explorer’s Pass Program.

6.   Intellectual Property Ownership:

The Program and its content, including, but not limited to, IMPLEMENT are intellectual property owned by Nancy Laney and PEAK Compliance, LLC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

 Any use of the Company’s intellectual property may not be used in connection with the sale or distribution of any product, program, and/or service by you, directly or indirectly, without the prior written consent of PEAK Complyance, LLC.

 Misappropriation or unauthorized use of the Company’s intellectual property and/or trade secrets may result in the enforcement of an infringement and/or intellectual property theft action against you in an effort to recover damages and/or protect our intellectual property rights. The Company reserves the right to pursue an action for misappropriation, theft, or improper use of its intellectual property by the Purchaser, the Purchaser’s representatives, assigns, contractors, employees, or acquaintances.

 7.   No Sharing:

You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

 You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued.

8.   No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

We don’t make any assurances as to any particular financial-based outcome based on the use of or participation in the Program. We are not responsible for the success or failure of your business, business decisions, income, sales, or any other result of any kind that you may have as a result of your participation in the Program.

9.   DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:

We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way including, but not limited to, your future income, sales, potential, profitability, or losses derived as a result of your use of the Program. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program. We do not offer any representations, guarantees, or warranties, of any variety including, but not limited to, your ability to pass a Certified 3rd Party Accredited Organization (C3PAO) assessment as a result of your use of this free content in Explorer’s Pass.

10. Your Release of Us, Indemnification, Hold Harmless:

To the fullest extent permitted by law, PEAK Complyance, LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release PEAK Complyance, LLC from any and all claims.

By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless PEAK Complyance, LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.

By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless PEAK Complyance, LLC as stated in this section herein.

11. Our Refund Policy:

  1. NO REFUNDS:

We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the downloadable nature of the Program, refunds will not

be issued for the Program once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more

pleasant one, please email Nancy Laney at [email protected].

  1.  NO CHARGEBACKS:

The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (i.e., PayPal) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.

12. ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Nancy Laney at [email protected].

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Nancy Laney and PEAK Compliance, LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 75 miles of Roseburg, Oregon.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Oregon. The only award that can be issued to you is a refund of any payment made to PEAK Complyance, LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.

13. Limitation of Liability:

Nancy Laney and PEAK Compliance, LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

14. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS          

  1. General Payment Terms:

 When you pay for the Program by credit card, you authorize and give permission to PEAK Complyance, LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant i.e., Affirm, Apple Pay, Google Pay, QuickBooks Online, PayPal, Stripe, Teachable, Klarna, Afterpay, etc. (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. PEAK Complyance, LLC is not responsible for the merchant’s independent policies or practices.

  1.  Payment Plan Terms / Failed Payment Procedures:

Should you choose to purchase the Program via one of our payment plan options at checkout (hereinafter the “Payment Plan”), you are hereby consenting to your credit card being automatically charged 30 days apart for the number of months specified to complete your total payment.

If you choose the Payment Plan to purchase the Program, you hereby authorize and give permission to PEAK Complyance, LLC to automatically charge your credit card, debit card, or PayPal account, as payment for the Program, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you.

We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Payment Plan.

By choosing the Payment Plan, you agree and understand that ALL monthly payments are owed in full. There are no exceptions. No refund requests or stop payments will be granted or accepted.

  1. Failed Payment Plan Payments / Re-charge procedures:

By signing up for the payment plan, your card will automatically be re-charged 30 days apart for your remaining payments. Please plan accordingly.

If your payment-plan payment fails on the 1st attempt:

In the event that your Payment Plan payment is not successfully made on your due date, your credit card will automatically be re-charged after a 1-day grace period to make your payment for the Program.

If your card was accidentally not updated or available to be processed at the time we attempted the initial charge, you’ll have that 1-day grace period to update your card information with any penalty or losing access to the Program.

After 2nd failed payment:

Your access to the Program will be temporarily suspended and you will not be able to access the Program at all until you successfully complete your payment. We will attempt to re-charge your credit card in 3-days.

After 3rd failed payment:

Your access will still be suspended, pending your successful completion of your owed late payment. In 3-days, we’ll attempt to charge your card.

4th and final attempt to make payment:

The 4th attempt is the final attempt to collect your payment before the matter is forwarded to collections. If the 4th payment fails, you will be permanently removed from the Program and no refund will be given.

When choosing the payment plan options, you consent to being responsible for ALL payments owed under the Program terms.

15. Severability

The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

16. Entire Agreement

These Terms of Use contain the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.

17. Choice of Law + Venue

These Terms of Use shall be governed by the laws of the state of Oregon. Any action brought by any party arising out of or from these Terms shall be brought within the State of Oregon, County of Douglas.

18. Site Terms of Use Modifications

The Program may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

19. Links

The Program has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Program of the site. Use of any such linked website is at the user's own risk.

By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.

If you have any questions about the Terms of Use, please contact Nancy Laney at [email protected].

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Change Log

1.1 Oct 23, 2023 Initial Publication