INTRODUCTION The following are the “Terms and Conditions” which govern the delivery of the services provided by SummitProfile (“SummitProfile”) to the client (“Client”) noted in the applicable Product, Services, or Project description. These Terms apply in full force and effect your use of the SummitProfile website or services provided by SummitProfile and you expressly accept all terms and conditions contained herein in Full. You must not use this website or PeakProfiles’ services if you have any objections to any of these Terms and Conditions.
PROJECT AUTHORIZATION & SERVICES The “Services” provided under these Terms and Conditions will be those set on the SummitProfile website, SummitProfile quotation (“Quote”), SummitProfile proposal, statement of work, or similar document generated by SummitProfile. The Services may include profile writing or resume writing, profile implementation or configuration, implementation, training or other consultation related to a SummitProfile product or services.
PRIVACY POLICY By agreeing to these Terms and Conditions, you acknowledge that you have read, understood, and agree to be bound by SummitProfile’s Privacy Policy, which is hereby incorporated into these Terms and Conditions by reference. SummitProfile’s Privacy Policy governs the collection, use, storage, and disclosure of personal information collected through the SummitProfile website, products, and services, as well as the rights and choices you have regarding your personal information.
SummitProfile reserves the right to make changes to the Privacy Policy from time to time. Any changes will be effective immediately upon posting the revised policy to the SummitProfile website. Your continued use of the PPeakProfiles website or services following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Privacy Policy regularly to ensure that you are aware of current practices and policies.
The SummitProfile Privacy Policy is available on the SummitProfile website at https://SummitProfile/privacy-policy/ or may be provided to you in writing upon request.
WARRANTY Provided that Client performs its obligations to SummitProfile under these Terms and Conditions, SummitProfile warrants to Client that the Services performed by SummitProfile will be performed consistent with generally accepted industry practice. SummitProfile’s warranty shall expire 30 days after the applicable Services Completion Date or earlier termination. SummitProfile warranty shall only be effective if Client notifies SummitProfile of the breach of warranty within 30 days after the applicable Services Completion Date. SummitProfile’s sole and exclusive obligation for breach of warranty shall be, at SummitProfile’s option, to (a) use commercially reasonable efforts to perform the Services in a manner that conforms to the warranty, or (b) refund to Client the fees paid by Client to SummitProfile for the nonconforming Services. The remedies set forth in this paragraph are Client’s exclusive remedies for any breach of warranty.
EXCUSION OF WARRANTIES EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN SECTION 3 OF THESE TERMS AND CONDITIONS, THE SERVICES ARE PROVIDED “AS IS”. SUMMITPROFILE EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND OR NATURE WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, DESIGN OR SUITABILITY, OR QUALITY OF SERVICE. WITH RESPECT TO THE PROJECT OR ANY GOODS, SERVICES OR OTHER MATERIALS DELIVERED BY PEAKPROFILES, SUMMITPROFILE DOES NOT GUARANTEE IN ANY WAY THAT THE RESULTS OF ANY ANALYSIS AND REPORTS IT PRODUCES ARE ACCURATE. NO WARRANTIES SHALL ARISE UNDER THESE TERMS AND CONDITIONS FROM COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY THE ENTIRE LIABILITY OF EITHER PARTY TO THE OTHER ARISING OUT OF THESE TERMS AND CONDITIONS FOR THE SERVICES PERFORMED HEREUNDER SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CLIENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS OR DATA) WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE PARTIES AGREE THAT THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS AND CONDITIONS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SummitProfile is willing to enter into these Terms and Conditions and the Services Schedule and perform Services for Client only in consideration of and in reliance upon the provisions of these Terms and Conditions limiting SummitProfile’s exposure to liability, including but not limited to the provisions contained above. Such provisions constitute an essential part of the bargain underlying these Terms and Conditions and the Services Schedule and have been reflected in the consideration specified therein.
ASIGNMENT SummitProfile shall be permitted to assign, transfer, and subcontract rights and/or obligations under these Terms without any notification or consent required.
GOVERNING LAW AND VENUE These Terms and Conditions shall be governed by and construed under the laws of the State of Massachusetts, exclusive of its choice of law rules. Any controversy or claim arising out of or in any way connected with these Terms and Conditions or the Services Schedule, or the alleged breach thereof shall be brought in the state and federal courts located in the State of Massachusetts.
ENTIRE AGREEMENT These Terms and Conditions, together with all applicable website descriptions or project proposals constitute the entire agreement between the parties, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment or waiver of any provision of these Terms and Conditions shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Client purchase order or in any other Client order documentation shall be incorporated into or form any part of these Terms and Conditions, and all such terms or conditions shall be null and void. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable.
