Effective May 6, 2017
Copyright and Trademark Notice
The content and information displayed on this site is the property of Peacock Gap. The reproduction, downloading, or retransmission of this information, other than for non-commercial individual use, is strictly prohibited. The site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, processes, products, or other proprietary rights of other parties. No license to or right in any trademarks, patents, copyrighted materials, trade secrets, technologies, processes, products, and other proprietary rights of Peacock Gap, its affiliates, and/or other parties are granted to or conferred upon you.
Any communications or submissions to Peacock Gap, including feedback, questions, comments, or suggestions shall be and will remain the exclusive property of Peacock Gap. You shall have no right of confidentiality in your communications and Peacock Gap shall have no obligation to protect your communications from disclosure. Peacock Gap shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including the development, production and marketing of products and services that incorporate such information. Peacock Gap shall be free to reproduce, use, disclose and distribute your communications to others without limitation. Therefore, we ask you to not send us any confidential or proprietary information or ideas.
You agree not to post, submit, transmit, email, upload, share, store or otherwise make available any content that (i) is unlawful, threatening, harassing, intimidating, libelous, false, fraudulent, misleading, deceptive, defamatory, invasive of another's privacy or publicity rights, violent, profane, sexual in nature, harmful to individuals, including minors, or is otherwise objectionable, offensive or improper in Peacock Gap’s sole discretion; (ii) violates any contract or agreement you have with Peacock Gap; (iii) includes personal or identifying information about another person without that person's affirmative consent; (iv) constitutes or contains any form of commercial advertising, marketing, solicitation or promotion, including messages and links for commercial purpose or benefit; or (v) may interrupt, limit, overburden, damage, impair, destroy or otherwise negatively impact the functionality or use of the site, including content with a software virus or in an excessive amount.
ASSUMPTION OF RISK AND WAIVER OF LIABILITY.
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS INHERENT IN ACCESSING AND USING THE SITE, INCLUDING LOSS, THEFT, BREACH, MISUSE, OR UNAUTHORIZED USE OF PERSONAL INFORMATION. YOU EXPRESSLY ASSUME THESE RISKS, AGREE TO ACCESS AND USE THE SITE AT YOUR OWN RISK, AND AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST PEACOCK GAP AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (“PEACOCK GAP PARTIES”), RELATED TO SUCH ACCESS OR USE (INCLUDING CLAIMS ON BEHALF OF YOUR MINOR CHILDREN) FOR ANY DAMAGE, LOSS, OR INJURY OF ANY KIND SUSTAINED BY YOU OR ANY PERSON ON YOUR MEMBERSHIP OR IN YOUR HOUSEHOLD CAUSED AS A RESULT OF PEACOCK GAP'S NEGLIGENCE, BUT NOT THOSE RESULTING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR RECKLESS DISREGARD, UNLESS PROHIBITED BY APPLICABLE LAW.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ACCESSING THE SITE ON AN "AS IS, WHERE IS, AND AS AVAILABLE" BASIS. PEACOCK GAP IS NOT RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADEQUACIES IN THE CONTENT OF, THE SITE OR ANY PARTICULAR FEATURES OR SERVICES OFFERED THEREIN. PEACOCK GAP DOES NOT REPRESENT OR WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION, MATERIALS, AND SERVICES ON THE SITE OR THE ERROR-FREE USE OF THE SITE. PEACOCK GAP IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM ACCESS TO OR USE OF THE SITE. PEACOCK GAP IS PROVIDING THE SITE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (TO THE EXTENT PERMITTED BY APPLICABLE LAW), INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM A COMPUTER VIRUS.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE PEACOCK GAP PARTIES FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THESE TERMS. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS THE PEACOCK GAP PARTIES FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SITE IN BREACH OF THESE TERMS OR THE CONTENT YOU MAKE AVAILABLE VIA THE SITE BY ANY MEANS, INCLUDING THROUGH A POSTING, A LINK, REFERENCE TO CONTENT, OR OTHERWISE, UNLESS PROHIBITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE PEACOCK GAP PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, YOUR INABILITY TO USE OR MALFUNCTIONS OF THE SITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO THE SITE.
To the extent that any part of these terms are determined to be invalid or unenforceable by a court of competent jurisdiction, that part shall be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of these terms shall remain in full force and effect. You agree that Peacock Gap's failure to exercise or enforce a legal right, remedy or benefit which is contained in these terms or any applicable law does not constitute waiver of its right to do so later. Unless the context indicates otherwise, “including” shall mean without limitation.