Terms of Use

1. Terms

By accessing PeakPerfly's school, course and resource repository platform and website, via teachable, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School and resource repository are protected by applicable copyright and trademark law.

2. Use License

1. Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
2. modify or copy the materials;
3. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
4. attempt to decompile or reverse engineer any software or intellectual property contained on the School’s web site;
5. remove any copyright or other proprietary notations from the materials; or
6. transfer the materials to another person or 'mirror' the materials on any other server.
7. This license shall automatically terminate if you violate any of these restrictions and may be terminated by PeakPerfly at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on the PeaKPerfly's school, course and resource repository website are provided 'as is'. PeakPerfly makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, PeakPerfly does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall PeakPerfly be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on PeakPerfly's school, course and resource repository platform and website, even if PeakPerfly or an authorized personnel of peakPerfly has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on the PeakPerfly's school, course and resource repository platforms and website may include technical, typographical, or photographic errors. PeakPerfly does not warrant that any of the materials on its web site are accurate, complete, or current. PeakPerfly may make changes to the materials contained on its web site at any time without notice. PeakPerfly does not, however, make any commitment to update the materials.

6. Links

PeakPerfly has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by PeakPerfly of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

PeakPerfly may revise these Terms of Use for its school, course and resource repository platform and website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

8. Governing Law

Any claim relating to the PeakPerfly's school, course and resource repository platform and website shall be governed by the laws of PeakPerfly home jurisdiction without regard to its conflict of law provisions.

Click here to see PeakPerfly's general terms of use.

Non-Disclosure Agreement

This section applies to all PeakPerfly Business Partners who use PeakPerfly's school, course and resource repository platform and website. Please review and accept the Non Disclosure Agreement below:

This PeakPerfly Non-Disclosure Agreement

(the "Agreement") is entered

BETWEEN:

PeakPerfly Incorporated (the "Information Provider")

- AND -

PeakPerfly's Business Partner (the "Recipient")

collectively referred to as the "Parties."

BACKGROUND: 

A.   The Information Provider and the Recipient intend to establish a confidential relationship to safeguard the information exchanged between them. This agreement is specifically designed to govern the confidentiality of the Recipient's access to and use of the Information Provider's intellectual property and confidential information.

B.    The Recipient acknowledges that as part of their engagement, they will have access to certain intellectual property (referred to as the "Intellectual Property") and confidential information (referred to as the "Confidential Information") provided by the Information Provider. This access is solely for the purpose of furthering the Permitted Purpose as determined by PeakPerfly.

C. The Recipient acknowledges that all resources and contents available on PeakPerfly's platform and website are exclusively intended for the following purposes:

1. Personal learning and skill development.
2. Professional guidance and as a reliable source of reference.
3. Expert partner referral, review, feedback, and recommendations.
   

D.    To ensure the proper handling and protection of the Intellectual Property and Confidential Information, the parties agree to the terms and conditions set forth in this Non-Disclosure Agreement (NDA). These provisions are put in place to maintain the confidentiality and prevent unauthorized use or disclosure of the shared information.

IN CONSIDERATION OF and as a condition of the Information Provider providing the Intellectual Property and Confidential Information to the Recipient in addition to other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:

Intellectual Property and Confidential Information

1.     Intellectual Property (IP) refers to creations of the mind, such as inventions, designs, trade secrets, trademarks, and artistic works. In the context of this agreement, Intellectual Property includes any proprietary rights, whether registered or unregistered, that are owned or controlled by either party. 

a.     This encompasses, but is not limited to, patents, copyrights, trademarks, trade secrets, and any other intellectual property rights recognized by applicable laws. Intellectual Property also includes knowledge, insights, data, analysis, content, courses, coaching and consulting solutions provided by the Information provider.

b.     Intellectual Property developed, created, or generated by the Information Provider during the course of this engagement or as a result of this collaboration. The Recipient agrees that these shall remain the exclusive property of the Information Provider that originated or owns the Intellectual Property. Any rights to use, modify, reproduce, distribute, or disclose the Intellectual Property shall be subject to the terms and conditions specified in this Agreement.

2.     All written and oral information and materials disclosed or provided by the Information Provider to the Recipient under this Agreement constitute Confidential Information regardless of whether such information was provided before or after the date of this Agreement or how it was provided to the Recipient. "Confidential Information" means all data and information relating to the Information Provider, including but not limited to, the following:

a.     'Business Operations' which includes internal personnel and financial information of the Information Provider, vendor names and other vendor information (including vendor characteristics, services and agreements), purchasing and internal cost information, internal services and operational manuals, external business contacts including those stored on social media accounts or other similar platforms or databases operated by the Information Provider, and the manner and methods of conducting the Information Provider's business;

b.     'Customer Information' which includes names of customers of the Information Provider, their representatives, all customer contact information, contracts and their contents and parties, customer services, data provided by customers and the type, quantity and specifications of products and services purchased, leased, licensed or received by customers of the Information Provider.

c.     'Intellectual Property' which includes information relating to the Information Provider's proprietary rights prior to any public disclosure of such information, including but not limited to the nature of the proprietary rights, production data, technical and engineering data, technical concepts, test data and test results, simulation results, the status and detail research and development of products and services, and information regarding acquiring, protecting, enforcing and licensing proprietary rights (including patents, copyrights and trade secrets);

d.     'Service Information' which includes all data and information relating to the services provided by the Information Provider, including but not limited to, plans, schedules, manpower, inspection, and training information.

e.     'Product Information' which includes all specifications for products of the Information Provider as well as work product resulting from or related to work or projects of the Information Provider, o type or form in any stage of actual or anticipated research and development.

f.      'Production Processes' which includes processes used in the creation, production and manufacturing of the work product of the Information Provider, including but not limited to, formulas, patterns, moulds, models, methods, techniques, specifications, processes, procedures, equipment, devices, programs, and designs.

g.     'Accounting Information' which includes, without limitation, all financial statements, annual reports, balance sheets, company asset information, company liability information, revenue and expense reporting, profit and loss reporting, cash flow reporting, accounts receivable, accounts payable, inventory reporting, purchasing information and payroll information of the Information Provider.

h.     'Marketing and Development Information' which includes marketing and development plans of the Information Provider, price and cost data, price and fee amounts, pricing and billing policies, quoting procedures, marketing techniques and methods of obtaining business, forecasts and forecast assumptions and volumes, and future plans and potential strategies of the Information Provider which have been or are being discussed.

i.      'Computer Technology' which includes all scientific and technical information or material of the Information Provider, pertaining to any machine, appliance or process, including but not limited to, specifications, proposals, models, designs, formulas, test results and reports, analyses, simulation results, tables of operating conditions, materials, components, industrial skills, operating and testing procedures, shop practices, know-how and show-how.

j.      'Proprietary Computer Code' which includes all sets of statements, instructions or programs of the Information Provider, whether in human readable or machine readable form, that are expressed, fixed, embodied or stored in any manner and that can be used directly or indirectly in a computer ('Computer Programs'); any report format, design or drawing created or produced by such Computer Programs; and all documentation, design specifications and charts, and operating procedures which support the Computer Programs; and

k.     Confidential Information will also include any information that has been disclosed by a third party to the Information Provider and is protected by a non-disclosure agreement entered into between the third party and the Information Provider.

3. Confidential Information will not include the following information:

a.     Information that is generally known in the industry of the Information Provider.

b.     Information that is now or subsequently becomes generally available to the public through no wrongful act of the Recipient.

c.     Information rightly in the possession of the Recipient prior to the disclosure to the Recipient by the Information Provider.

d.     Information that is independently created by the Recipient without direct or indirect use of the Confidential Information; or

e.     Information that the Recipient rightfully obtains from a third party who has the right to transfer or disclose it.

Obligations of Non-Disclosure

4.     Except as otherwise provided in this Agreement, the Recipient must not disclose the Confidential Information.

5.     Except as otherwise provided in this Agreement, the Confidential Information will remain the exclusive property of the Information Provider and will only be used by the Recipient for the Permitted Purpose. The Recipient will not use the Confidential Information for any purpose that might be directly or indirectly detrimental to the Information Provider or any associated affiliates or subsidiaries.

6. The obligations to ensure and prevent the disclosure of the Confidential Information imposed on the Recipient in this Agreement and any obligations to provide notice under this Agreement will survive the expiration or termination, as the case may be, of this Agreement and those obligations will" last indefinitely.

7.     The Recipient may disclose any of the Confidential Information:

a.     to such employees, agents, representatives, and advisors of the Recipient that have a need to know and have been approved by PeakPerfly for the Permitted Purpose provided that: 

      i.         the Recipient has informed such personnel of the confidential nature of the Confidential Information.

    ii.         such personnel agree to be legally bound to the same burdens of non-disclosure and non-use as the Recipient.

   iii.         the Recipient agrees to take all necessary steps to ensure that the terms of this Agreement not violated by such personnel; and

   iv.         the Recipient agrees to be responsible for and indemnify the Information Provider for any breach of this Agreement by their personnel.

b.     to a third party where the Information Provider has consented in writing to such disclosure; and

c.     to the extent required by law or by the request or requirement of any judicial, legislative, administrative, or other governmental body.

8.     The Recipient agrees to retain all Confidential Information at their usual place of business and to store all Confidential Information separate from other information and documents held in the same location. Further, the Confidential Information may not be used, reproduced, transformed, or stored on a computer or device that is accessible to persons to whom disclosure may not be made, as set out in this Agreement.

Non-Solicitation

9.     The Recipient, their affiliates, subsidiaries, and representatives will not, from the date of this Agreement for a period of two years, directly or indirectly solicit for employment or employ any person who is now employed or retained by the Information Provider or any affiliate of the Information Provider without the prior written consent of the Information Provider.

Ownership and Title

10.  Nothing contained in this Agreement will grant to or create to the Recipient, either expressly or impliedly, any right, title, interest, or license in or to the intellectual property of the Information Provider. Furthermore, the Recipient agrees to take reasonable measures to protect and maintain the confidentiality and integrity of the Intellectual Property. They shall not disclose, sell, assign, or otherwise transfer any Intellectual Property to any third party without the prior written consent of the Information Provider, except as expressly permitted under this Agreement or as required by law.

Remedies

11.  The Recipient agrees and acknowledges that the Confidential Information is of a proprietary and confidential nature and that any disclosure of the Confidential Information to a third party in breach of this Agreement cannot be reasonably or adequately compensated for in money damages and would cause irreparable injury to the Information Provider. Accordingly, the Recipient agrees that the Information Provider is entitled to, in addition to all other rights and remedies available to it at law or in equity, an injunction restraining the Recipient and any agents of the Recipient, from directly or indirectly committing or engaging in any act restricted by this Agreement in relation to the Confidential Information.

Return of Intellectual Property and Confidential Information

12.  The Information Provider may at any time request the return of all Intellectual Property and Confidential Information from the Recipient. Upon the request of the Information Provider, or in the event that the Recipient ceases to require use of the Confidential Information, or upon the expiration or termination of this Agreement, the Recipient will:

a.  return all Intellectual Property and Confidential Information to the Information Provider.

b. provide a certificate to the Information Provider to the effect that the Recipient has returned all Intellectual Property and Confidential Information to the Information Provider.

Notices

13.  In the event that the Recipient is required in a civil, criminal or regulatory proceeding to disclose any part of the Confidential Information, the Recipient will give to the Information Provider prompt written notice of such request so the Information Provider may seek an appropriate remedy or alternatively waive the Recipient's compliance with the provisions of this Agreement in regard to the request.

1. If the Recipient loses or makes unauthorized disclosure of any of the Confidential Information, the Recipient will immediately notify the Information Provider and take all reasonable steps necessary to retrieve the lost or improperly disclosed Confidential Information.
2. Any notices or delivery required in this Agreement will be deemed completed when hand-delivered, delivered by agent, or seven days after being placed in the post, postage prepaid, to the parties at the addresses contained in this Agreement or as the parties may later designate in writing.
3. The designated addresses for the purpose of delivering any notice to any of the parties under this Agreement are as follows:

a.     Name: PeakPerfly Incorporated

Address: [email protected]

b.     Name: PeakPerfly's Business Partner (name on file)

Address: Partner email address provided during application/registration.

Representations

17.  In providing the Confidential Information, the Information Provider makes no representations, either expressly or impliedly as to its adequacy, sufficiency, completeness, correctness or its lack of defect of any kind, including any patent or trade-mark infringement that may result from the use of such information.

Termination

18.  Either party may terminate this Agreement by providing written notice to the other party. Except as otherwise provided in this Agreement, all rights and obligations under this Agreement will terminate at that time.

Assignment

19.  Except where a party has changed its corporate name or merged with another corporation, this Agreement may not be assigned or otherwise transferred by either party in whole or part without the prior written consent of the other party to this Agreement.

Amendments

20.  This Agreement may only be amended or modified by a written instrument executed by both the Information Provider and the Recipient.

Governing Law

21.  This Agreement will be construed in accordance with and governed by the laws of Canada.

General Provisions

22.  Time is of the essence in this Agreement.

23.  This Agreement may be executed in counterpart.

1. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
2. The clauses, paragraphs, and subparagraphs contained in this Agreement are intended to be read and construed independently of each other. If any part of this Agreement is held to be invalid, this invalidity will not affect the operation of any other part of this Agreement.
3. The Recipient is liable for all costs, expenses and expenditures including, and without limitation, the complete legal costs incurred by the Information Provider in enforcing this Agreement as a result of any default of this Agreement by the Recipient.
4. The Information Provider and the Recipient acknowledge that this Agreement is reasonable, valid and enforceable. However, if a court of competent jurisdiction finds any of the provisions of this Agreement to be too broad to be enforceable, it is the intention of the Information Provider and the Recipient that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable, bearing in mind that it is the intention of the Recipient to give the Information Provider the broadest possible protection against disclosure of the Confidential Information.
5. No failure or delay by the Information Provider in exercising any power, right or privilege provided in this Agreement will operate as a waiver, nor will any single or partial exercise of such rights, powers or privileges preclude any further exercise of them or the exercise of any other right, power or privilege provided in this Agreement.
6. This Agreement will inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case may be, of the Information Provider and the Recipient.
7. This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise.

Additional Provisions

31.  The Jurisdiction: This agreement will be governed by and construed in accordance with the laws of the province of Ontario, Canada where the company PeakPerfly Incorporated is currently situated.

32.  Consent: You consent to have read Non-Disclosure Agreement, understand the agreement terms being provided inclusive of any other terms to be specified under the Expert Partner Program and or any other partnership engagement with PeakPerfly, declare a full understanding herein, and agree to the terms and conditions. 

33.  Termination: PeakPerfly Incorporated reserves the right to alter these terms and conditions at any time. Any questions regarding the terms herein can be sent to [email protected]. 

34.  Acceptance: By signing into PeakPerfly's website, school, course and resource repository platform, as a Partner, you agree to all clauses and representation of this agreement and procedures set forth by PeakPerfly Incorporated. Specifically, you understand your rights and responsibilities as an expert business partner, as well as PeakPerfly Incorporated’s rights and relationship with you. You agree to participate in this expert partnership and that you can end your engagement at any time after duly notifying PeakPerfly Incorporated.