Software Terms of Service

Last update 3/24/2026

LIBERTY PEAK GROUP LLC

TERMS OF SERVICE

Version 1.0   |   Effective Date: 3/24/2026   |   Last Updated: 3/24/2026  

Governing Law: State of Virginia, United States of America

 

PLAIN ENGLISH SUMMARY

These Terms govern your use of Liberty Peak Group LLC. Sections 4-8 are particularly important - they prohibit scraping, automated data collection, reverse engineering, and use of the Service by competitors. Violations may result in immediate account suspension, legal action, and claims for damages including injunctive relief. Please read carefully.

SECTION 1   DEFINITIONS

In these Terms of Service ("Terms"), the following capitalized terms have the meanings set forth below:

"Liberty Peak Group LLC," "Company," "we," "us," or "our"

Liberty Peak Group LLC, Inc., a corporation organized under the laws of the State of Virginia, and its successors and permitted assigns.

"Service"

The Liberty Peak Group LLC platform in its entirety, including the web application, iOS and Android mobile applications, APIs, and all associated software, databases, data, content, and features made available by Liberty Peak Group LLC.

"User," "you," or "your"

Any individual or entity that accesses or uses the Service in any manner, whether or not registered for an Account.

"Account"

A registered user account created on the Service.

"User Data"

Data uploaded or generated by a User, including lap times, session records, vehicle data, telemetry data, and maintenance logs.

"Platform Data"

Data owned exclusively by Liberty Peak Group LLC, including the track database, aggregated benchmarks, anonymized performance data, proprietary algorithms, derived analytics, and performance indices.

"Automated Access"

Any access to the Service by means other than a human being using an unmodified, officially supported web browser or the official Liberty Peak Group LLC mobile application, without prior written authorization from Liberty Peak Group LLC.

"Competitor"

Any individual or entity that develops, operates, owns, finances, or materially contributes to any product or service that competes, directly or indirectly, with any feature or function of the Service, as further defined in Section 6.

"API"

Any application programming interface, webhook, WebSocket endpoint, or other programmatic interface provided by Liberty Peak Group LLC.

"Intellectual Property Rights"

All patents, trademarks, service marks, trade names, copyrights, trade secrets, know-how, and all other intellectual or proprietary rights, whether registered or unregistered, anywhere in the world.

"Scraping"

Any automated or semi-automated method of extracting, copying, harvesting, or collecting data from the Service, as further described in Section 5.

"Dispute"

Any claim, controversy, or dispute arising out of or relating to these Terms or the Service, as further described in Section 15.

 

SECTION 2   ACCEPTANCE OF TERMS

2.1  By accessing or using the Service in any manner - including browsing the website, creating an Account, installing the mobile application, or using an application - you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

2.2  If you are using the Service on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include that entity.

2.3  IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE AND DELETE ANY INSTALLED APPLICATIONS.

2.4  You must be at least 13 years of age to use the Service. Users between 13 and 18 years of age must have verifiable parental or guardian consent.

SECTION 3   THE SERVICE

3.1  Liberty Peak Group LLC provides platforms for motorsport, hydroponics, and other activity management and related features as described on our website.

3.2  We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice, without liability to you or any third party.

3.3  Certain features require a paid subscription. Free tier features are provided at our discretion and may be changed or withdrawn at any time.

3.4  We may update these Terms from time to time. Material changes will be communicated with at least 30 days advance notice. Your continued use constitutes acceptance.

 

 

SECTION 4   PROHIBITED USES

You agree that you will not, and will not permit, enable, or assist any third party to, use the Service for any of the following purposes. Violation of any provision of this Section constitutes a material breach of these Terms.

WARNING - CORE PROHIBITIONS: AUTOMATED AND HARMFUL USE

4.1  Use any automated system, software, script, robot, spider, crawler, scraper, data mining tool, extraction tool, browser automation tool, or any other automated or semi-automated means to access, query, collect, copy, monitor, or harvest any portion of the Service or any data, content, or information contained therein, without our prior written consent.

4.2  Use the Service to develop, train, fine-tune, test, benchmark, or improve any artificial intelligence model, machine learning system, large language model, neural network, or similar technology, whether directly or indirectly, without our prior written consent.

4.3  Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, directory, or similar resource, whether for commercial purposes or otherwise.

4.4  Use the Service in any manner that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure, servers, or networks, as determined by us in our sole discretion.

4.5  Circumvent, disable, bypass, or otherwise interfere with any security-related features of the Service, including features that prevent or restrict use or copying of any content, or that enforce limitations on use of the Service.

4.6  Attempt to probe, scan, penetration test, or test the vulnerability of any Liberty Peak Group LLC tool, software, system, or network, or breach or circumvent any security, authentication, or access control measures.

4.7  Access or attempt to access any portion of the Service that you are not authorized to access, including any administrative interfaces, internal APIs, staging environments, or other restricted areas.

4.8  Use the Service in any way that violates any applicable federal, state, local, or international law or regulation, including the Computer Fraud and Abuse Act (18 U.S.C. Section 1030), the Digital Millennium Copyright Act, the CAN-SPAM Act, or any applicable state consumer protection laws.

4.9  Impersonate or attempt to impersonate Liberty Peak Group LLC, a Liberty Peak Group LLC employee, another user, or any other person or entity, or falsely state or misrepresent your affiliation with any person or entity.

4.10  Engage in any conduct that restricts or inhibits any person's use or enjoyment of the Service, or which may harm Liberty Peak Group LLC or users of the Service or expose them to liability.

4.11  Use the Service for any purpose that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or otherwise objectionable.

4.12  Use the Service to transmit any unsolicited or unauthorized advertising, promotional material, spam, or any other form of solicitation.

SECTION 5   PROHIBITION ON SCRAPING AND AUTOMATED DATA COLLECTION

This Section sets out our specific and comprehensive prohibition on scraping and automated data collection. Liberty Peak Group LLC considers violations of this Section to be among the most serious breaches of these Terms, and will pursue all available legal remedies in response.

5.1  Absolute Prohibition.  You are strictly and absolutely prohibited from scraping, crawling, spidering, data mining, screen scraping, or otherwise extracting data from the Service by any automated or semi-automated means. This prohibition applies regardless of:

(a)  the technical method used, including but not limited to HTTP requests, headless browsers, browser automation tools (including Selenium, Puppeteer, Playwright, Scrapy, Beautiful Soup, or any similar tool), API calls made outside of authorized use, cURL commands, or any other programmatic means;

(b)  whether the data is publicly visible or requires authentication to access;

(c)  the volume of data collected, whether a single record or the entire database;

(d)  the purpose for which the data is collected, whether commercial, academic, research, personal, or otherwise;

(e)  whether the data is subsequently published, sold, shared, licensed, or kept private.

5.2  Specific Prohibited Activities.  Without limiting the generality of Section 5.1, the following activities are expressly prohibited:

5.2.1  Extracting lap time data, session records, telemetry data, vehicle information, track data, user profiles, benchmark data, or any other data from the Service for use outside the Service or in any competing product;

5.2.2  Copying, reproducing, or replicating the Liberty Peak Group LLC track database, benchmark data, performance indices, or any other Platform Data, in whole or in part;

5.2.3  Using the Service's API endpoints in a manner that exceeds authorized usage, including making requests at a rate or volume inconsistent with normal human use of the Service;

5.2.4  Intercepting, capturing, recording, or analyzing network traffic between your device and Liberty Peak Group LLC's servers for the purpose of extracting data, reverse engineering the API, or mapping the data model;

5.2.5  Creating or using fake, multiple, or shared accounts for the purpose of collecting data at greater volume, circumventing rate limits, or evading access controls;

5.2.6  Aggregating data from the Service with data from other sources to create a competing database, data product, or analytics service;

5.2.7  Accessing the Service through any proxy server, VPN, anonymization service, or IP rotation service for the purpose of circumventing access controls, rate limits, or geographic restrictions;

5.2.8  Using browser developer tools, network inspection tools, or similar utilities to systematically extract data beyond what is displayed in the normal course of using the Service.

5.3  Copyright and Trade Secret Protection.  The compilation, selection, arrangement, and presentation of data within the Service constitutes original copyrightable expression protected under the Copyright Act of 1976 (17 U.S.C. Section 101 et seq.). Liberty Peak Group LLC's database and benchmark data also constitute trade secrets protected under the Defend Trade Secrets Act (18 U.S.C. Section 1836 et seq.) and applicable state trade secret laws. You are expressly prohibited from: (a) reproducing, distributing, or creating derivative works from any copyrighted content within the Service without authorization; (b) misappropriating any trade secret by improper means such as unauthorized access, scraping, or reverse engineering; or (c) circumventing any technological protection measure in violation of 17 U.S.C. Section 1201.

5.4  Computer Fraud and Abuse Act.  Unauthorized access to the Service, including access that exceeds authorized use as defined in these Terms, may constitute a violation of the Computer Fraud and Abuse Act (18 U.S.C. Section 1030) and analogous state computer crime statutes. Liberty Peak Group LLC expressly reserves the right to refer violations to law enforcement and to pursue civil remedies under the CFAA, including recovery of compensatory damages, injunctive relief, and attorneys' fees.

5.5  Digital Watermarking.  You acknowledge that data provided through the Service, including exported data, information, and benchmark data, may contain invisible digital watermarks or steganographic identifiers that allow Liberty Peak Group LLC to trace the source of any data that appears outside the Service without authorization. Evidence of watermarked Liberty Peak Group LLC data appearing in an unauthorized context shall be admissible as evidence of a breach of these Terms and may be used to establish damages in any legal proceeding.

5.6  Permitted Automated Access.  Notwithstanding the foregoing, the following automated access is permitted:

(a)  Use of the official Liberty Peak Group LLC mobile application and its built-in synchronization features;

(b)  Use of officially documented API endpoints within the rate limits and scope specified in our API documentation, subject to a separate API Access Agreement where required;

(c)  Access by search engine crawlers for the sole purpose of indexing publicly available pages, provided such crawlers comply with our robots.txt file;

(d)  Any automated access expressly authorized by Liberty Peak Group LLC in a signed written agreement.

 

 

SECTION 6   COMPETITOR ACCESS RESTRICTIONS

6.1  Prohibition on Competitor Use.  You may not access or use the Service if you are a Competitor, or if you are accessing the Service on behalf of, at the direction of, or for the benefit of a Competitor. This prohibition applies regardless of whether you are using your own Account or another person's Account, and regardless of the stated purpose of your access.

6.2  Definition of Competitor.  For purposes of this Section, a "Competitor" includes any person or entity that:

(a)  develops, operates, owns, finances, or materially contributes to any software application, platform, website, or service that provides similar information or similar features;

(b)  is employed by, contracted to, serves as an officer or director of, or acts as an agent or representative of any such entity;

(c)  is conducting competitive intelligence research, market research, or analysis for the purpose of informing the development, marketing, or pricing of a competing product or service;

(d)  intends to use information obtained from the Service to develop, improve, replicate, or inform any competing product or service, whether or not such product currently exists.

6.3  Prohibition on Competitive Intelligence.  You may not use the Service, or any information obtained through the Service, for the purpose of: (a) benchmarking Liberty Peak Group LLC's features, performance, pricing, or user experience for competitive analysis; (b) identifying Liberty Peak Group LLC's customers, user base, pricing structure, or business model for competitive purposes; (c) informing product roadmap or feature development for a competing product; or (d) preparing marketing materials, investor presentations, or sales collateral informed by Liberty Peak Group LLC's features or capabilities.

6.4  Representation and Warranty.  By creating an Account or accessing the Service, you represent and warrant that you are not a Competitor and are not accessing the Service for any competitive purpose. This representation is ongoing. You must notify us immediately at libertypeakgroupllc@gmail.com if your circumstances change such that you become a Competitor after creating an Account.

6.5  Remedies.  We reserve the right to immediately terminate any Account that we reasonably believe is held by or used for the benefit of a Competitor, without prior notice and without refund of any fees paid. We also reserve the right to pursue all available legal remedies, including claims for breach of contract, misappropriation of trade secrets, and tortious interference.

SECTION 7   PROHIBITION ON REVERSE ENGINEERING

7.1  Reverse Engineering Prohibition.  You may not, and may not permit any third party to:

(a)  reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, object code, underlying ideas, algorithms, file formats, data structures, or non-public APIs of any part of the Service;

(b)  modify, adapt, translate, or create derivative works based upon the Service or any part thereof;

(c)  use network analysis tools, packet sniffers, proxy interceptors, man-in-the-middle tools, or similar utilities to capture, analyze, or reverse engineer the communication protocols, API structure, or data model used by the Service;

(d)  decompile, disassemble, or reverse engineer any mobile application forming part of the Service, including by using tools such as jadx, apktool, Frida, Ghidra, IDA Pro, Hopper, or any similar tool;

(e)  attempt to discover or reconstruct any proprietary algorithm, scoring method, lap delta calculation, optimal lap computation, performance index, or other analytical method used by the Service;

(f)  remove, alter, obscure, or circumvent any copyright notice, trademark, watermark, or other proprietary notice or label on or within the Service.

7.2  DMCA Anti-Circumvention.  The Service incorporates technological protection measures within the meaning of the Digital Millennium Copyright Act (17 U.S.C. Section 1201). Circumventing, or assisting others to circumvent, any such technological protection measure is prohibited and may give rise to civil and criminal liability under the DMCA.

7.3  Trade Secret Protection.  The algorithms, data models, analytical methods, and proprietary logic embedded in the Service constitute trade secrets under the Defend Trade Secrets Act (18 U.S.C. Section 1836) and applicable state law. Any misappropriation may result in claims for injunctive relief, compensatory damages, exemplary damages of up to two times actual damages for willful and malicious misappropriation, and attorneys' fees.

SECTION 8   API USAGE AND ACCESS

8.1  Access to any Liberty Peak Group LLC API is subject to these Terms and, where applicable, a separate API Access Agreement. In the event of any conflict, the API Access Agreement shall govern with respect to API-specific matters.

8.2  API Restrictions.  In relation to any API access, you must not:

(a)  exceed the rate limits specified in our API documentation or as communicated to you in writing;

(b)  use the API to access, retrieve, or process data belonging to other users without their express written consent;

(c)  use the API to build, train, or improve any product or service that replicates, substitutes for, or competes with the Service;

(d)  cache or store API responses beyond the period reasonably necessary for the immediate, authorized purpose of your use;

(e)  share, resell, sublicense, or otherwise transfer API access credentials to any third party;

(f)  use undocumented API endpoints, internal endpoints, or staging endpoints, even if discovered through network analysis or other means;

(g)  make API calls designed to enumerate, map, or systematically explore the structure, schema, or data model of the Service.

8.3  We reserve the right to throttle, suspend, or permanently terminate API access at any time if we determine, in our sole discretion, that your usage is excessive, abusive, or in violation of these Terms, without liability to you.

8.4  API keys and access tokens are personal to you and must not be shared with any third party. You are solely responsible for all activity conducted using your API credentials.

 

 

SECTION 9   INTELLECTUAL PROPERTY RIGHTS

9.1  Ownership.  The Service and all content, features, and functionality thereof are owned by Liberty Peak Group LLC, its licensors, or other providers of such material, and are protected by the Copyright Act of 1976, the Lanham Act, the Defend Trade Secrets Act, and other applicable federal and state intellectual property laws.

9.2  Limited License.  Subject to your full compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial motorsport activities. This license does not include any right to copy, modify, distribute, or create derivative works from the Service.

9.3  Trademarks.  "Liberty Peak Group LLC" and associated logos, marks, and trade dress are trademarks and/or service marks of Liberty Peak Group LLC, Inc. You may not use our trademarks without our prior written consent.

9.4  Platform Data.  All Platform Data is the exclusive proprietary property of Liberty Peak Group LLC and constitutes trade secrets under applicable law. You have no right to access, copy, export, or use Platform Data except as expressly permitted by these Terms.

9.5  DMCA Policy.  If you believe that content on the Service infringes your copyright, please send a written notice to our designated DMCA agent at libertypeakgroupllc@gmail.com with the information required by 17 U.S.C. Section 512(c)(3).

SECTION 10   USER DATA AND LICENSE

10.1  Your Ownership.  As between you and Liberty Peak Group LLC, you retain ownership of your User Data - your records, information, and other data you upload or generate through your use of the Service.

10.2  License Grant to Liberty Peak Group LLC.  By uploading or generating User Data through the Service, you grant Liberty Peak Group LLC a worldwide, royalty-free, non-exclusive, sublicensable license to: (a) store, process, and display your User Data to provide the Service to you; (b) use anonymized, aggregated, and de-identified versions of your User Data to improve the Service and generate benchmarks; and (c) use anonymized and aggregated User Data to train and improve our internal analytical models.

10.3  What We Will Not Do.  We will never: (a) sell your personally identifiable User Data to third parties; (b) share your identifiable lap times or session data with other users without your express consent; or (c) use your data to identify you personally in any public benchmark or comparison without your consent.

10.4  Data Portability.  You may export your User Data at any time through your account settings. Upon account deletion, we will delete your personal data in accordance with our Privacy Policy and applicable law.

SECTION 11   DETECTION, MONITORING, AND ENFORCEMENT

11.1  Monitoring.  You acknowledge and agree that Liberty Peak Group LLC may monitor your use of the Service for compliance with these Terms, including through automated systems that detect unusual access patterns, rate anomalies, and other indicators of prohibited activity.

11.2  Enforcement Actions.  Upon detecting or reasonably suspecting a violation of Sections 4 through 8 of these Terms, Liberty Peak Group LLC may, in its sole discretion and without prior notice:

(a)  immediately suspend or terminate your Account and all associated access;

(b)  throttle, block, or restrict your access to the Service or any portion thereof;

(c)  preserve evidence of the violation for use in legal proceedings;

(d)  disclose your identity and activity to law enforcement or other governmental authorities;

(e)  pursue civil legal action, including claims for injunctive relief, actual damages, statutory damages, disgorgement of profits, and attorneys' fees and costs.

11.3  Injunctive Relief.  You acknowledge that a breach of Sections 4 through 8 would cause irreparable harm to Liberty Peak Group LLC for which monetary damages would be an inadequate remedy, and that Liberty Peak Group LLC shall be entitled to seek equitable relief, including a temporary restraining order, preliminary injunction, and permanent injunction, without the requirement to post bond or other security.

11.4  Damages.  Liberty Peak Group LLC may seek: (a) actual damages; (b) statutory damages under the Copyright Act of up to $150,000 per work for willful infringement; (c) exemplary damages of up to two times actual damages under the Defend Trade Secrets Act for willful and malicious misappropriation; (d) disgorgement of profits derived from unauthorized use; and (e) attorneys' fees and costs to the extent permitted by applicable law.

SECTION 12   SUSPENSION AND TERMINATION

12.1  Termination by Liberty Peak Group LLC.  We may suspend or terminate your Account and access to the Service at any time, with or without cause, and with or without notice. Grounds for immediate termination without notice include, but are not limited to, violation of Sections 4 through 8 of these Terms.

12.2  Termination by You.  You may terminate your Account at any time by following the account deletion process in your account settings. Termination does not entitle you to a refund of any prepaid fees except as required by applicable law.

12.3  Effect of Termination.  Upon termination for any reason: (a) your license to use the Service immediately ceases; (b) you must immediately cease all use of the Service; (c) provisions of these Terms that by their nature should survive termination shall survive, including Sections 5, 7, 9, 11, 13, 14, 15, and 16.

SECTION 13   DISCLAIMERS OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIBERTY PEAK GROUP LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LIBERTY PEAK GROUP LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LIBERTY PEAK GROUP LLC OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SECTION 14   LIMITATION OF LIABILITY

14.1  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIBERTY PEAK GROUP LLC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF LIBERTY PEAK GROUP LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2  Aggregate Liability Cap.  Liberty Peak Group LLC's total aggregate liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of: (a) the total amount paid by you to Liberty Peak Group LLC in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred U.S. dollars ($100.00).

14.3  Essential Basis.  You acknowledge that the limitations of liability in this Section reflect a reasonable allocation of risk and form an essential basis of the bargain between the parties.

14.4  State Law Exceptions.  Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, Liberty Peak Group LLC's liability shall be limited to the maximum extent permitted by applicable law.

SECTION 15   GOVERNING LAW AND DISPUTE RESOLUTION

15.1  Governing Law.  These Terms shall be governed by and construed in accordance with the laws of the State of Virginia, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.2  Informal Resolution.  Before initiating any formal legal proceeding, the parties agree to attempt to resolve any Dispute informally. You must send written notice to libertypeakgroupllc@gmail.com. If the Dispute is not resolved within 30 days, either party may proceed to binding arbitration as set forth below.

15.3  Binding Arbitration.  EXCEPT AS SET FORTH IN SECTION 15.5, ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. The arbitration shall be conducted in Haymarket, Virginia, or, at your election, by telephone or video conference. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.4  Class Action Waiver.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LIBERTY PEAK GROUP LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING.

15.5  Exceptions to Arbitration.  Notwithstanding Section 15.3, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of Intellectual Property Rights or trade secrets, without first engaging in the informal dispute resolution process. The parties consent to the exclusive jurisdiction of the state and federal courts located in Prince William County, Virginia, for such proceedings.

15.6  Time Limitation.  Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the cause of action accrues, or it is permanently barred, to the fullest extent permitted by applicable law.

SECTION 16   CHANGES TO THESE TERMS

16.1  We reserve the right to modify these Terms at any time. We will provide notice of material changes by: (a) posting the updated Terms on our website with a new effective date; (b) sending an email notification to your registered email address; and/or (c) displaying a prominent notice within the Service.

16.2  Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service before the effective date of the changes.

16.3  For material changes that adversely affect your rights, we will provide at least 30 days advance notice. Changes required by law may take effect immediately.

SECTION 17   GENERAL PROVISIONS

17.1  Entire Agreement.  These Terms, together with our Privacy Policy and any applicable API Access Agreement or subscription agreement, constitute the entire agreement between you and Liberty Peak Group LLC with respect to the Service and supersede all prior agreements, representations, and understandings.

17.2  Severability.  If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

17.3  Waiver.  No failure or delay by Liberty Peak Group LLC in exercising any right under these Terms shall constitute a waiver of that right.

17.4  Assignment.  You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Liberty Peak Group LLC may freely assign these Terms in connection with a merger, acquisition, or sale of assets.

17.5  No Third-Party Beneficiaries.  These Terms do not create any third-party beneficiary rights.

17.6  Force Majeure.  Liberty Peak Group LLC shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, war, terrorism, fire, floods, pandemics, or failures of telecommunications or internet infrastructure.

SECTION 18   CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Company

Liberty Peak Group LLC, Inc.

Legal Inquiries

libertypeakgroupllc@gmail.com

DMCA Agent

libertypeakgroupllc@gmail.com

Website

https://LibertyPeakGroup.com/terms

 

 

 

ACKNOWLEDGMENT AND AGREEMENT

By using the Service, you acknowledge that you have read these Terms of Service in their entirety, understand them, and agree to be bound by all of their provisions, including the binding arbitration clause and class action waiver in Section 15.

If these Terms are being agreed to on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.