Terms Of Use

LAST MODIFIED: January 16, 2024

Acceptance of the Terms of Use

These terms of use are entered into by and between You and PEAK PERFORMANCE INTERNATIONAL (including its officers, agents and employees) (“hereinafter referred to as “PPI”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of https://thepowerofppi.com/ and https://teachable.com/, including any content, functionality and services offered on or through https://thepowerofppi.com/ and https://teachable.com/ (the “Websites”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Websites. By using the Websites, you acknowledge reading in full, and accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://thepowerofppi.com, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Websites.

These Websites are offered and available to users who are 18 years of age or older. By using these Websites, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.

Changes to the Terms of Use

PPI may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter.

Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Websites and Account Security

PPI reserves the right to withdraw or amend these Websites, and any service or material we provide on the Websites, in our sole discretion without notice. PPI will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, PPI may restrict access to some parts of the Websites, or the entire Websites, to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Websites.
Ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them.

To access the Websites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current and complete. You agree that all information you provide to register with these Websites or otherwise, including, but not limited to, through the use of any interactive features on the Websites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to these Websites or portions of it using your user name, password or other security information. You agree to notify PPI immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

PPI has the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Websites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by PPI, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If PPI provides desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of PPI’s Websites or any services or materials available through the Websites.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by PPI. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

In addition, You understand and agree that all materials, concepts and information (collectively "Materials”) distributed or presented by PPI or any other parties during or in connection with the PPI Program or any event, presentation, coaching, communication or other activity, either orally or in writing, are the property of PPI and are protected by copyright, trade secret and other applicable laws. You acknowledge that the Materials constitute commercially valuable, proprietary, confidential property of PPI, the design and development of which required investment of substantial effort, time and money. All rights in the Program and the Materials are expressly reserved by PPI. You agree not to reproduce, copy or otherwise duplicate, and not to distribute, lend or otherwise transfer, the Materials or any part thereof without the prior written permission of PPI. You further agree not to use the Materials in any way that would compromise the confidential and proprietary nature of the Materials. You understand that the Materials presented by PPI in this Program are intended solely for use in the Program. You further understand that while You are free to use the Materials for Your own personal use and free to tell others about the benefits You realized from the Program, You agree that, without the prior written consent of PPI, (a) You will not resell, reproduce and sell, modify and sell, repackage and sell or otherwise distribute the Materials or any derivation thereof or any part thereof, (b) You will not use the Materials for any purpose other than my own personal use, and (c) You will not use or deliver the Materials, either reproduced or modified, or anything derived from the Materials, either orally or in writing, as part of any seminar, training program, workshop, consulting, or similar business activity which You make available. In the event of a breach, in addition to any other remedies, PPI shall be entitled to receive from You, payment of, or reimbursement for, PPI’s reasonable attorneys' fees and disbursements incurred in enforcing these terms.

Trademarks

PPI’s name, including the terms PEAK PERFORMANCE INTERNATIONAL, and all related names, logos, product and service names, designs and slogans are trademarks of PPI or its affiliates or licensors. You must not use such marks without the prior written permission of PPI. All other names, logos, product and service names, designs and slogans on these Websites are the trademarks of their respective owners.

Prohibited Uses

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate PPI, a PPI employee or agent, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm PPI or users of the Websites, or expose them to liability.

Additionally, you agree not to:

Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites.
Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
Use any manual process to monitor or copy any of the material on the Websites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Websites.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites is stored, or any server, computer or database connected to the Websites.
Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Websites.

Copyright Infringement

If you believe that any content on the Websites violates your copyright, please contact us at [email protected] for instructions on sending us a notice of copyright infringement.

Reliance on Information Posted

The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.

These Websites may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by PPI, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of PPI. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Websites

We may update the content on these Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Websites

All information PPI collects on these Websites is subject to our Privacy Policy. By using the Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods, services, or information formed through the Websites or otherwise, or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Websites. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Websites and Social Media Features

You may link to PPI’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

PPI’s Websites may provide certain social media features that enable you to:

Link from your own or certain third-party Websites to certain content on these Websites.
Send e-mails or other communications with certain content, or links to certain content, on these Websites.
Cause limited portions of content on these Websites to be displayed or appear to be displayed on your own or certain third-party Websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

Establish a link from any Website that is not owned by you.
Cause the Websites or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Websites other than the homepage.
Otherwise take any action with respect to the materials on these Websites that is inconsistent with any other provision of these Terms of Use.

The Websites from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with PPI in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

PPI may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Websites

If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. PPI has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Websites linked to these Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such Websites.

Geographic Restrictions

PPI is headquartered in the State of Michigan, in the United States. PPI provides these Websites for use only by persons located in the United States. PPI makes no claims that the Websites or any of their content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Coaching Provisions

You (and/or your designated employer) shall pay any Coaching Fees in full prior to the commencement of PPI’s Program. All such fees shall be paid and are payable whether or not you attend, participate in or otherwise elect to accept any of PPI’s programs, services or other benefits comprising PPI’s Program, and in no event shall you be entitled to any refund or reduction of any fees paid or payable unless otherwise agreed in writing by PPI in its sole discretion. You shall be entitled to participate in webinar/group coaching calls scheduled for You by PPI, in PPI’s sole discretion.

You understand and agree that you are fully responsible for your physical, mental and emotional well-being, including any choices and decisions that you make before, during and after PPI’s Program. You acknowledge and accept full responsibility for any and all decisions, actions or inaction by You during and after Your relationship with PPI. You understand that “coaching” is a Professional-Client relationship that is designed to facilitate new insights and/or the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals. You understand that PPI’s Program is a comprehensive process that may involve all areas of your life, including work, finances, health, relationships, education and recreation. You acknowledge that deciding how to handle these issues, incorporate coaching into those areas, and implement your choices is exclusively your responsibility.

You understand that PPI’s Program and any coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association. You understand that PPI’s Program and coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment and you will not use it in place of any form of diagnosis, treatment or therapy. You promise that if you are currently in therapy or otherwise under the care of a mental health professional, that You have consulted with the mental health care provider regarding the advisability of being in PPI’s Program or working with a coach and that this person is aware of Your decision to proceed with PPI’s Program and/or the coaching relationship. You understand that PPI’s Program and any coaching is not to be used as a substitute for professional advice by legal, medical, financial, business, spiritual or other qualified professionals. You agree to seek independent professional guidance for legal, medical, financial, business, spiritual or other matters. You understand that all decisions in these areas are exclusively Yours and You acknowledge that Your decisions and actions regarding them are Your sole responsibility.

You do not have permission to record the webinars, meetings, calls or any other part of PPI’s Program without the prior written consent of PPI. If You provide a testimonial to PPI, You hereby grant permission to PPI to use the testimonial along with Your personal name, image, business name, and logo.

PPI may elect to terminate the services and other benefits to be provided to You at any time if PPI determines, in its sole discretion, that You have conducted Yourself in any way inconsistent with the standards or purposes of PPI. If PPI so elects to terminate such services and benefits, then PPI, in its sole discretion, may choose to refund a pro rata portion of any Fees paid, less the value of any and all products and services received as determined by PPI in its sole discretion, provided that PPI shall be under no obligation to provide any such refund. You shall have no right to terminate this Agreement and the obligation of Client to pay the amounts specified herein is absolute, unconditional and irrevocable.

In the event of any dispute, You and PPI agree to use your best efforts to resolve any and all disputes.

Disclaimer of Warranties

You understand that PPI cannot and does not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. PPI WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITES LINKED TO THEM.

YOUR USE OF THE PPI WEBSITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR OTHERWISE FROM PPI ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER PPI NOR ANYONE ASSOCIATED WITH PPI REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

PPI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PPI, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, AND/OR ANY GOODS OR SERVICES OTHERWISE OBTAINED BY OR THROUGH PPI, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless PPI, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites, or purchase or use of goods or services received from PPI, including, but not limited to, any use of the Websites’ content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Websites.

Moreover, You agree to indemnify, defend and hold PPI harmless and covenant not to sue for any losses, claims, causes of action, expenses or damages not one hundred (100%) percent caused by PPI’s active and gross negligence. You further agree to indemnify, defend and hold PPI harmless from any claims by third parties which are in any way related to services performed by PPI.

Governing Law and Jurisdiction

All matters relating to the Websites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in the federal courts of the United States of the Eastern District of Michigan or the courts of the State of Michigan, in each case located in the Circuit Court in the County of Oakland, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

You agree that any controversy, dispute, or claim arising out of or related to these Terms of Use, any provision herein, PPI’s work for Client, PPI’s fees, charges or performance, or otherwise (including any claim relating to any of PPI’s officers, employees and/or agents) will be resolved through binding arbitration, with a single arbitrator mutually agreed upon by the parties, in Oakland County, Michigan. If the parties cannot mutually agree to an arbitrator, either party may file a complaint in the Oakland County Circuit Court only for purposes of enforcing this provision and having the court appoint an arbitrator to hear the dispute. The parties agree that any arbitration proceeding generally will be conducted in accordance with the arbitration rules of the American Arbitration Association (“AAA”), but the dispute will not be filed with the AAA nor will it be administered by it. A judgment in the Oakland County Circuit Court may be rendered on the award. Client acknowledges that by agreeing to arbitration, Client is relinquishing its right to bring an action in court and to a jury trial.

In the event of a dispute between Client and PPI, Client agrees not to engage in any conduct or communications, public or private, designed to disparage PPI, or any of the programs or coaching services.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES OR OTHERWISE (FOR ANY REASON) AGAINST PPI MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and PPI with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites.

The terms herein shall not be varied, altered, contradicted, modified or in any way supplemented unless in writing by PPI; otherwise, this agreement is intended as the final expression between the parties and shall govern.

Your Comments and Concerns

These Websites are operated by PPI.

All notices of copyright infringement claims should be sent to the copyright agent by electronic mail to [email protected].

All other feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: [email protected].