Terms and Condition
Please read the terms and conditions in this Terms of Use Agreement (the “Agreement”) carefully. By accessing or otherwise using this website (http://www.Thriving Peak.com/) (the “Site”), you agree to be bound by the terms and conditions in this Agreement. If you do not accept these terms and conditions, do not use this Site.
This Agreement is a contract between you and Thriving Peak and its affiliates (referred to below as “The Thriving Peak team ” or “we” or “us”), and applies only to this Site and not to other sites that may be accessible from or linked to this Site. We are responsible only for the content of our Site. We encourage you to review the user agreements of all other sites that you visit.
The Thriving Peak may change this Agreement from time to time, at our sole discretion. If we make any substantial changes in this Agreement, we may notify you by reasonable means, including by posting a prominent announcement on our home page. Please check this page regularly to ensure that you are familiar with the current version of the Agreement. By your continued use of the Site after publication of the revised Agreement, you accept and agree to the terms and conditions in the revised Agreement.
This Agreement was last updated on January 2, 2020.
Restrictions on Use
While using the Site, you agree to comply with this Agreement and all applicable laws, rules, and regulations, and will not encourage or promote any activity that violates this Agreement.
By accessing or otherwise using the Site, you agree that you will not under any circumstances:
copy or print material from the Site (including but not limited to individual Site pages or any research or reports posted on the Site) for commercial purposes without our prior permission. You must also get our permission before making more than minimal copies of Site materials or copying large portions of the Site. Any use of Site materials must not alter the original Site content, including all legal notices and legends. If you seek permission for such use of our Site, please contact us at contact@Thriving Peak.com link to or frame this Site or any portion thereof; interfere or attempt to interfere with the proper functioning of the Site; interfere or attempt to interfere with the Site’s networks or network security, or attempt to use the Site to gain unauthorized access to any other computer system; make any automated use of the Site, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our serves or network infrastructure; bypass any measures we take to restrict access to the Site or use any software, technology or device to scrape, spider, or crawl the Site or harvest or manipulate data; publish or link to malicious content. No Offer or Advice
You acknowledge that the content of the Site is for general, informational purposes only and is not intended to constitute an offer to sell or buy any securities or other assets or promise to undertake or solicit business, and may not be relied upon in connection with any offer or sale of securities or other assets. Offers can only be made where lawful under, and in compliance with, applicable law. We make no representations that any information provided via the Site is accurate, current, reliable, or complete. You are solely responsible for evaluating the risks and merits regarding the use of the Site and any services provided herein. We are not utilizing the Site to provide investment, legal, accounting, tax or other professional advice, and nothing on the Site is to be deemed a recommendation that you buy, sell or hold any security or other investment or that you pursue any investment style or strategy. If you would like an investment, accounting, tax, or legal advice, you should consult with your advisors with respect to your individual circumstances and needs. Any transactions listed on the Site are included as representative transactions and are not necessarily reflective of overall performance.
Forward-Looking Statements and Past Performance
The contents of the Site may contain forward-looking statements that are based on beliefs, assumptions, current expectations, estimates, and projections about the financial industry, the economy, Thriving Peak itself, or its investments. These statements are not guarantees of future performance and involve certain risks, uncertainties, and assumptions that are difficult to predict with regard to timing, extent, likelihood, and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. Furthermore, Thriving Peak undertakes no obligation to update, amend or clarify forward-looking statements, whether as a result of new information, future events or otherwise. Furthermore, past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
Ownership
The Site and all content included on the Site, such as graphics, logos, articles and other materials, is the property of The Thriving Peak or others and is protected by copyrights, trademarks and other intellectual property rights owned by The Thriving Peak or third parties that have licensed their materials or provided services to us. The Thriving Peak reserves all of its intellectual property rights in the Site and in the content included on the Site, and this Agreement does not grant you any right or license with respect to any such intellectual property. You agree not to sell, license, copy, reproduce, modify, republish, transmit, edit, adapt, create derivative works from, distribute or otherwise make unauthorized use of any such intellectual property from the Site without the express written permission from The Thriving Peak. You agree not to reverse-engineer, decompile, disassemble or otherwise attempt to extract or discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Notice of Copyright Infringement
The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Site infringes your copyright, please send us a notice containing the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works. Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material. Contact information for the notifying party, including name, address, telephone number, and email address. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, ACCESS TO THE SITE, AND ALL RELATED CONTENT, SERVICES AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE OR THAT ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
Limitations of Liability
WE ARE NOT RESPONSIBLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, THAT RESULT FROM YOUR USE OF (OR INABILITY TO USE) THIS SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE, OR OTHER COMPUTER MALFUNCTION.
Indemnity
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless The Thriving Peak, its managing members, licensors, officers, directors, employees, agents, trustees, subsidiaries, parent companies and affiliates (the “Indemnitees”) from and against all third party complaints, charges, claims, losses, expenses, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) due to, arising out of, or relating in any way to (a) your access to or use of the Site and (b) your breach of this Agreement, in each case unless caused by such Indemnitee’s misrepresentation, gross negligence, willful misconduct or fraud.
Termination
This Agreement is effective unless and until terminated by either you or The Thriving Peak. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. We also may terminate this Agreement, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to the Site. The following provisions survive the expiration or termination of this Agreement: No Offer or Advice; Forward-Looking Statements and Past Performance; Ownership; Submissions; Third-Party Content; Disclaimers; Limitation of Liability; Indemnity; and Miscellaneous.
Miscellaneous
If a portion of this Agreement is determined to be unlawful, void, or unenforceable, it will not affect the enforceability of the remaining provisions and the remaining provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or unenforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section
This Agreement is a contract between you and Thriving Peak and its affiliates (referred to below as “The Thriving Peak team ” or “we” or “us”), and applies only to this Site and not to other sites that may be accessible from or linked to this Site. We are responsible only for the content of our Site. We encourage you to review the user agreements of all other sites that you visit.
The Thriving Peak may change this Agreement from time to time, at our sole discretion. If we make any substantial changes in this Agreement, we may notify you by reasonable means, including by posting a prominent announcement on our home page. Please check this page regularly to ensure that you are familiar with the current version of the Agreement. By your continued use of the Site after publication of the revised Agreement, you accept and agree to the terms and conditions in the revised Agreement.
This Agreement was last updated on January 2, 2020.
Restrictions on Use
While using the Site, you agree to comply with this Agreement and all applicable laws, rules, and regulations, and will not encourage or promote any activity that violates this Agreement.
By accessing or otherwise using the Site, you agree that you will not under any circumstances:
copy or print material from the Site (including but not limited to individual Site pages or any research or reports posted on the Site) for commercial purposes without our prior permission. You must also get our permission before making more than minimal copies of Site materials or copying large portions of the Site. Any use of Site materials must not alter the original Site content, including all legal notices and legends. If you seek permission for such use of our Site, please contact us at contact@Thriving Peak.com link to or frame this Site or any portion thereof; interfere or attempt to interfere with the proper functioning of the Site; interfere or attempt to interfere with the Site’s networks or network security, or attempt to use the Site to gain unauthorized access to any other computer system; make any automated use of the Site, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our serves or network infrastructure; bypass any measures we take to restrict access to the Site or use any software, technology or device to scrape, spider, or crawl the Site or harvest or manipulate data; publish or link to malicious content. No Offer or Advice
You acknowledge that the content of the Site is for general, informational purposes only and is not intended to constitute an offer to sell or buy any securities or other assets or promise to undertake or solicit business, and may not be relied upon in connection with any offer or sale of securities or other assets. Offers can only be made where lawful under, and in compliance with, applicable law. We make no representations that any information provided via the Site is accurate, current, reliable, or complete. You are solely responsible for evaluating the risks and merits regarding the use of the Site and any services provided herein. We are not utilizing the Site to provide investment, legal, accounting, tax or other professional advice, and nothing on the Site is to be deemed a recommendation that you buy, sell or hold any security or other investment or that you pursue any investment style or strategy. If you would like an investment, accounting, tax, or legal advice, you should consult with your advisors with respect to your individual circumstances and needs. Any transactions listed on the Site are included as representative transactions and are not necessarily reflective of overall performance.
Forward-Looking Statements and Past Performance
The contents of the Site may contain forward-looking statements that are based on beliefs, assumptions, current expectations, estimates, and projections about the financial industry, the economy, Thriving Peak itself, or its investments. These statements are not guarantees of future performance and involve certain risks, uncertainties, and assumptions that are difficult to predict with regard to timing, extent, likelihood, and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. Furthermore, Thriving Peak undertakes no obligation to update, amend or clarify forward-looking statements, whether as a result of new information, future events or otherwise. Furthermore, past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
Ownership
The Site and all content included on the Site, such as graphics, logos, articles and other materials, is the property of The Thriving Peak or others and is protected by copyrights, trademarks and other intellectual property rights owned by The Thriving Peak or third parties that have licensed their materials or provided services to us. The Thriving Peak reserves all of its intellectual property rights in the Site and in the content included on the Site, and this Agreement does not grant you any right or license with respect to any such intellectual property. You agree not to sell, license, copy, reproduce, modify, republish, transmit, edit, adapt, create derivative works from, distribute or otherwise make unauthorized use of any such intellectual property from the Site without the express written permission from The Thriving Peak. You agree not to reverse-engineer, decompile, disassemble or otherwise attempt to extract or discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Notice of Copyright Infringement
The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Site infringes your copyright, please send us a notice containing the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works. Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material. Contact information for the notifying party, including name, address, telephone number, and email address. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, ACCESS TO THE SITE, AND ALL RELATED CONTENT, SERVICES AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE OR THAT ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
Limitations of Liability
WE ARE NOT RESPONSIBLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, THAT RESULT FROM YOUR USE OF (OR INABILITY TO USE) THIS SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE, OR OTHER COMPUTER MALFUNCTION.
Indemnity
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless The Thriving Peak, its managing members, licensors, officers, directors, employees, agents, trustees, subsidiaries, parent companies and affiliates (the “Indemnitees”) from and against all third party complaints, charges, claims, losses, expenses, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) due to, arising out of, or relating in any way to (a) your access to or use of the Site and (b) your breach of this Agreement, in each case unless caused by such Indemnitee’s misrepresentation, gross negligence, willful misconduct or fraud.
Termination
This Agreement is effective unless and until terminated by either you or The Thriving Peak. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. We also may terminate this Agreement, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to the Site. The following provisions survive the expiration or termination of this Agreement: No Offer or Advice; Forward-Looking Statements and Past Performance; Ownership; Submissions; Third-Party Content; Disclaimers; Limitation of Liability; Indemnity; and Miscellaneous.
Miscellaneous
If a portion of this Agreement is determined to be unlawful, void, or unenforceable, it will not affect the enforceability of the remaining provisions and the remaining provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or unenforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section