Peak Career Enhancement Terms and Conditions

Peak Career Enhancement provides this user agreement (“Agreement”) which is between you (the “User”) and Peak Career Enhancement (the “Provider”), hereafter referred to as “PCE”, a division of Peak Employment Solutions, LLC, a United States corporation located at 1109 Medical Center Drive, Suite 7E Augusta, Georgia 30909.

Acceptance of Terms

You must agree with and accept all of the terms and conditions contained in this Agreement in order to access and utilize the PCE4me.com (“Website”) and services available on this site. BY ACCESSING OUR SOLUTIONS OR BY SUBMITTING YOUR INFORMATION FOR PROFESSIONAL REVIEW/CREATION YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS COMPLETE AGREEMENT, YOU DO NOT HAVE PERMISSION TO ACCESS THIS SITE OR OUR SYSTEM.

Advice and Guidance

The information contained on this Website (and the products, solutions, and services sold) is based on sources and information reasonably believed to be accurate as of the time it was created. However, this material deals with topics that are subject to ongoing changes related to human performance, the job market, hiring trends, as well as legal and compliance issues. Therefore, the completeness and current accuracy of the materials cannot be guaranteed. These materials do not constitute legal, compliance, financial, health, psychological, or related advice. The end user of this information should therefore use the contents of this material as a general guideline and not as the ultimate source of current information and, when appropriate, the user should consult their own legal, accounting, medical, or other advisors.

The PCE Website

The PCE Website (“Website”) enables Users to buy Services online. Users complete a profile and when/if we as a Provider accepts a User’s project, a Contract is created between the Provider and the User. PCE collects payment from the User in advance for the completed project. Neither User nor Provider shall, in any way, decompile, reverse engineer, dissemble or otherwise unlawfully use any of the software, copyrighted or trademarked material, trade secrets or other proprietary information contained in the Website. PCE reserves the right to change the Website at any time in PCE’s sole discretion.

User Responsibilities

The User understands that when products, services, or solutions are purchased from Provider there will exist a collaborative, professional relationship whereby there will be a service provided by an organization consisting of experts in their particular field of endeavor, providing benefit to the User. Therefore, a mutual professional relationship will be expected. User understands that Provider serves multiple Users and requires fair, realistic notice to address new business or change requests. All communication shall take place using the messaging functionality provided by the Website. Abusive or outrageous behavior will not be tolerated. PCE reserves the right to suspend the User’s account if the User engages in this type of behavior and will delete any negative reviews associated with the interaction.

User Obligations

Providers and Users must comply with applicable laws and with the terms of this Agreement.

Users may only access the Website using the interface provided and may not use information from the Site for any other purpose than that which is intended. Users may not engage in activity that disrupts the functioning of the Website, including uploading malicious or unknown files or inserting any external links that may be malicious or unknown to you. PCE is not legally responsible for any content posted or made available on the Website by any User or third party. PCE is not responsible for and does not monitor User content for accuracy or reliability. PCE does reserve the right to remove content posted on the Website if PCE considers such content to be in violation of this Agreement or if ordered to do so by a government authority.

Communications and Data

PCE is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption or any other reasons.

Account Security & Personal Information

Only you as the User should access the Website and use the Service utilizing the username and password provided for your account. You agree not to resell, assign, or otherwise allow another to use or access the Service. You agree not to grant access to your account to any other party, for any reason, and to take all reasonable precautions to prevent third-party access to the Service through your account.

PCE cares about the integrity and security of your personal information. We endeavor to implement appropriate security measures. However, PCE does not guarantee that unauthorized parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Ownership of Creative Works

Any creative work prepared by Provider in connection with a User project shall be owned by the Provider until User accepts such work and full payment is received by provider, at which time, the User will then own the creative work. User agrees not to use the creative work in any format until the work is accepted. Upon acceptance, Provider hereby irrevocably grants to User a perpetual unlimited and unconditional license to use the work product and agrees not to use the work product, or any portion of, in any form, during or after the Services are completed. Provider expressly agrees not to use intellectual property of another when providing any Services.

Confidentiality

If a User or Provider provide Confidential Information to the other and/or to PCE, the recipient shall protect the secrecy of the Confidential Information with the same degree of care as it uses to protect its own confidential information and only use the Confidential Information in the performance of Services for the relevant Contract. User Confidential Information shall be stored on the System unless User requests (in writing) the removal of such information.

Chargebacks, Fraud Prevention and User Suspension

Once the User has made a payment for Services, the User expressly agrees to use the dispute resolution process in this agreement and to be bound by its ruling and expressly agrees not to initiate any chargeback request with the card issuer. Should the User initiating a chargeback request with the card issuer, User expressly agrees and consents to share any and all information about his agreement of these terms and conditions, to defeat any such chargeback request.

By initiating a chargeback request, the User is automatically opening a dispute and electing the credit card issuer as judge of the dispute. Winning the chargeback means winning the dispute, and the User will be subject to the terms outlined in the ‘Ownership of Creative Works’ section. If a chargeback dispute is won by User, Provider will not be paid for services attributed to that chargeback. Losing the chargeback means losing the dispute. The User, therefore, may take possession and ownership of the work and no other disputes may be opened for the same work.

PCE reserves the right to suspend a User’s account if the User is discovered to be using any fraudulent means to pay for the project. If any work was done before fraudulent payment is discovered, the User loses all ownership rights over the work.

No Warranty

THE INFORMATION PROVIDED IN THIS PRODUCT IS SOLD AND PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND.

Guarantee

Your resume is backed by a limited 30-day guarantee. If you are not receiving more interaction from employers who have verifiably received and reviewed your resume within 30 days of receipt of same, we will revise your resume, one time, free of charge. Just contact us via our internal contact page within 30 days of receipt and describe specifically what changes you deem necessary. Revision requests must be based on professional feedback you have personally received by human resources professional or a workforce professional currently engaged in talent acquisition for a US based corporation engaged in the recruitment of personnel at the level your resume is intended to engage. Staffing agency personnel in direct competition with our parent organization will not be considered a credible source for dispute.

Payment

User hereby authorizes PCE to store credit card details and to charge User’s credit card (or any other authorized form of payment).

You and PCE are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship created or intended by this Agreement. Provider agrees to provide a separate Independent Contractor Agreement prior to commencement of Services.

Term and Termination

The term of this Agreement commences on the Effective Date (the date of acceptance of this Agreement) and continues in effect until terminated.

Either party may terminate this Agreement at any time, with or without cause, effective immediately upon written notice to the other party provided that any such termination for convenience shall not affect the validity of any Contracts that have been executed prior to termination and this Agreement shall continue to apply with respect to such Contracts.

PCE has the right to cancel or terminate your account if it believes you have violated the terms of the Agreement. After account termination, Users are not allowed to re-register on the site using a new email address or account credentials.

Project Dispute Resolution Process

By accepting these Terms and Conditions, both parties relinquish all rights to pursue any legal action in any jurisdiction against PCE for any decision made regarding the dispute or any related transaction.

Indemnity

You agree to indemnify, defend, and hold PCE, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties including, without limitation, reasonable expert and attorneys’ fees, in connection with any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any use by you or any user of your account of the information and services provided by this Website.

DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY

YOU AGREE THAT YOUR ACCESS TO AND USE OF SYSTEM AND THE CONTENT AVAILABLE THROUGH PCE4ME.COM IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON–INFRINGEMENT. PCE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PCE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. PCE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR INFORMATION OBTAINED THROUGH THE SERVICE (INCLUDING ANY LINKS TO THIRD PARTY WEB SITES) OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

PCE AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND LICENSORS WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THIS WEBSITE FOR INDIRECT,CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF PCE HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

Assignability

User (User or Provider) may not assign this Agreement, or any of its rights or obligations hereunder, without PCE’s prior written consent in the form of a written instrument signed by a duly authorized representative of PCE. PCE may freely assign this Agreement without the consent of User.

Arbitration

Any controversy or claim arising out of or relating to this website or the products sold here shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Georgia, and any court having jurisdiction thereof may enter judgment on the arbitration award. The arbitrator shall provide written reasons for the award. Either you or PCE may seek any interim or preliminary relief from a court of competent jurisdiction in Richmond County, Georgia necessary to protect the rights or property of you or PCE pending the completion of arbitration.

General

We may discontinue or change this Website and its related services, or their availability to you, at any time. You may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Georgia, United States of America applicable to contracts made entirely within Georgia and wholly performed in Georgia, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Georgia. Any term, condition, or provision of this Agreement that is determined for any reason to be unlawful, invalid, void, or unenforceable shall not affect any other portion of this Agreement.

This Agreement may be modified at PCE’s discretion.

Last updated: May 16, 2020