Terms of Service

Last Updated: October 26, 2023

Welcome to mountainpeak.top. These Terms of Service ("Terms") govern your access to and use of our website, services, and any related content, features, or applications (collectively, the "Service") provided by mountainpeak.top ("we," "us," "our," or the "Company").

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you are not authorized to use the Service.

1. Acceptance of Terms

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and mountainpeak.top. We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

2. Use of Service

The Service is provided for your personal, non-commercial use, unless otherwise explicitly specified. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service in accordance with these Terms.

2.1 Eligibility

You must be at least 13 years of age to use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service and that they have read and agree to these Terms on your behalf.

2.2 Account Registration

Certain features may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for safeguarding your password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2.3 Prohibited Uses

You agree not to use the Service:

• For any unlawful purpose or to promote illegal activities.
• To harass, abuse, threaten, or impersonate any person or entity.
• To infringe upon or violate our or any third party's intellectual property rights.
• To upload or transmit viruses, malware, or any other malicious code.
• To interfere with or disrupt the integrity or performance of the Service or its underlying systems.
• To attempt to gain unauthorized access to any part of the Service, other accounts, or computer systems/networks.
• To use any automated system, including "robots," "spiders," or "offline readers," to access the Service in a manner that sends more request messages than a human could reasonably produce.

We reserve the right to suspend or terminate your access to the Service for any violation of these prohibited uses.

3. User Responsibilities

You are solely responsible for your conduct and any data, text, files, information, or other materials ("User Content") that you submit, post, or display on or via the Service.

3.1 Content Standards

You retain ownership of your User Content. However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of operating and providing the Service. You represent and warrant that you own or have the necessary rights to all User Content you provide and that such content does not violate these Terms or any third-party rights.

3.2 Third-Party Links & Services

The Service may contain links to third-party websites or services that are not owned or controlled by mountainpeak.top. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any such third-party resource.

4. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of mountainpeak.top and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of mountainpeak.top.

All logos, graphics, designs, page headers, button icons, scripts, and service names included in the Service are trademarks or trade dress of mountainpeak.top. You may not use any of these without our express prior written permission.

You may not copy, modify, distribute, sell, or lease any part of our Service, nor may you reverse engineer or attempt to extract the source code of the Service, unless laws prohibit these restrictions or you have our written permission.

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MOUNTAINPEAK.TOP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOUNTAINPEAK.TOP, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO MOUNTAINPEAK.TOP FOR USE OF THE SERVICE IN THE TWELVE (12) MONTH