Terms of Service

 

Last Modified:  January 1, 2023

 

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.  Peak 8 Digital Services LLC a State of Colorado limited liability company (herein “Peak 8”) provides online classes for educators to develop and improve the way they interact with parents, students, team members, and superiors, delivered through our website, silkelessner.com (the “Service” or “Silke Lessner”). By accessing any part of our website, you are agreeing to the terms and conditions described below (the “Terms”).  These Terms apply to all users, including both users who are simply viewing publicly available content without purchasing a subscription to the Service and users who are registered members of Silke Lessner. We may, at our sole discretion, modify these Terms at any time. By accessing the Service at any time after such modifications, you are agreeing to these Terms as modified.  If you do not wish to be bound by these Terms, you may not access or use the Service.

THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST PEAK 8. PLEASE READ THEM CAREFULLY; THEY AFFECT YOUR LEGAL RIGHTS.

1. Using Silke Lessner; License Terms

The Silke Lessner Service allows educators who have purchased a subscription to view online classes.  Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use the Service. You may view videos and other content or download certain content (excluding videos) from our Service only for your personal, non-commercial use, unless you obtain our written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by us, and you will not share access to your account or access information for your account with any third party. Using our Service does not give you ownership of or any intellectual property rights in our Service or the content you access.

 

2. Account Registration

Creating an Account.  Our system will automatically create your account when you purchase a subscription.  You will receive an email with your login credentials, which will be generated by our system using the email address you provided when you purchased your subscription.  You must provide complete and accurate information when purchasing your subscription and notify us immediately if any of your information changes. If you provide – or we reasonably believe you provided — any information that is untrue, inaccurate, not current or incomplete, Peak 8 has the right to suspend or terminate your subscription and/or account, and to prohibit you from any future use of the Service.  By using the Service, you represent that you are at least 16 years of age.  If you are under age 16, you may not, under any circumstances or for any reason, use the Service.

Existing Users.  If you are an existing user of our Service, you will be able to purchase a subscription after logging into your existing account.

Account Security. You are responsible for all activity that occurs under your account. You must safeguard the confidentiality of your password and agree not to share your account login or password with anyone. If you become aware of an unauthorized access to your account or any other breach of security, we recommend that you immediately change your password and notify us at support@sikelessner.com.

 

3. Subscription Terms; Renewals; Fees and Payment

Subscription.  A subscription is required in order to use the Service.  We may offer subscriptions that vary in duration.  You will be able to select the term of your subscription when you sign up for your membership.  All fees for your selected term will be billed to your selected payment method; payments will be immediately processed via our third-party payment processor.  These fees are nonrefundable.  You are responsible for all applicable fees and charges incurred, including applicable taxes.

Automatic Renewals.  Your subscription will continue and automatically renew on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription, or your account is otherwise suspended or terminated pursuant to these Terms.  Unless you cancel your subscription, we will automatically bill your payment method on file, based on when you purchased your subscription and the length of your term, for a term of the same length (for example, if you signed up for a one-year membership on March 30, 2023, we will automatically bill your account for a one-year renewal term on March 29, 2024).  Please note that by providing your payment information at the time that you initially purchase your subscription, you are authorizing us to bill your selected payment method for all renewals going forward.

Changes.  Peak 8 reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next billing period following the date of the change. We will give you advance notice of these changes.

Refunds.  Payments are nonrefundable and there are no refunds or credits for partially used periods, unless required by applicable law.

Cancellations.  You may cancel your Silke Lessner subscription at any time. To cancel your subscription, please visit the “Memberships” section on your account page at SilkeLessner.com. You will continue to have access to the Service until the end of your current billing period.  For clarity, in no event will you receive a refund should you choose to cancel your membership mid-term.

 

4. Acceptable Use; Our Rights

Your Use of the Service.  When you sign up for the Service, you agree to the following:

• To use the Service only for lawful purposes, in accordance with all applicable laws and regulations, and in accordance with these Terms;
• Not to reproduce, transfer, sell, resell, create derivative works, reverse engineer, or otherwise share content from the Service with anyone, unless specifically authorized to do so;
• Not to use the Service or any content to create any class, product, or technology that competes with Silke Lessner or Peak 8;
• Not to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing;
• Not to use your account to breach security of another account or attempt to gain unauthorized access to another network or server; and
• Not to use the Service for anything other than for completing the classes for personal, educational purposes only.

Our Rights.  We reserve the right, in our sole discretion, to delete or suspend your account and/or terminate your subscription if we determine that you have violated any of these rules.  In such case, you will not be entitled to any refund.

We may make changes to the Service without notice or liability, including changes to the functionality of the Service and removing classes.  We may, in our sole discretion, refuse to offer the Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that you comply with all applicable laws, rules and regulations related to these Terms and your use of the Service.  Peak 8 is under no obligation to issue any refunds should we assert any of the above rights (unless such refunds are required by law).

 

5. Intellectual Property

Ownership; Trademarks.  You acknowledge and agree that Peak 8 and/or our instructors own all right, title, and interest in and to the Service, including but not limited to all computer code, designs, user interfaces, layouts, documentation, and class content.  The Silke Lessner and Peak 8 name, logos, trademarks, service marks, trade dress, and designs used in connection with the Service are and will remain the exclusive property of Peak 8.  All rights not expressly granted in these Terms are expressly reserved.

User-Submitted Feedback.  Should you provide any feedback to us on the Service, including comments on class content, you grant us a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferrable, royalty-free license and right to use such feedback for any purpose without any compensation or obligation to you.

 

6. Disclaimer of Warranties

THE SERVICE AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CLASS WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

7. Professional Advice Disclaimer; No Class Credit

Our Service offers classes and content from instructors.  You acknowledge that all content provided in the classes is the opinion of the instructor; we may, but are not obligated to, review the class content for accuracy or completeness and does not make any representations with respect to any of the class content. We reserve the right to remove or modify any class offerings at any time.  Although we strive to offer the highest quality classes from highly qualified instructors, we are not an accredited educational institution and do not grant academic or professional continuing education credit for the completion of any classes. For clarity, Peak 8 has no obligation to have any classes recognized by any educational institution or accreditation organization, nor do we have any obligation to assist you with reporting your completion of classes to any third party (for example, your employer).

PEAK 8 OFFERS THE SILKE LESSNER CLASSES FOR EDUCATIONAL PURPOSES ONLY; THE CLASSES ARE NOT INTENDED TO BE PROFESSIONAL ADVICE.  YOUR RELIANCE ON ANY CLASS CONTENT IS AT YOUR OWN RISK.

 

8. LIMITATION OF LIABILITY

IN NO EVENT WILL PEAK 8 BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE.  

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY PEAK 8 FROM YOU DURING THE THREE (3) MONTH PERIOD PRECEDING THE DATE YOUR CLAIM AROSE.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US.

SOME JURISDICTIONS PROHIBIT CERTAIN EXCLUSIONS OR LIMITATIONS ON LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

9. Indemnification

You agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms, your violation of any law or rights of any third party, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

10. ARBITRATION; CLASS ACTION WAIVER; JURY TRIAL WAIVER

Please read the following section carefully.  This section requires that you and Peak 8 arbitrate disputes against one another and contains waivers of legal rights.  If you do not accept the following Terms, do not use the Services.

Arbitration Agreement.  You and Peak 8 agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). The arbitration will be handled by a sole arbitrator in Denver, Colorado, in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted unless expressly agreed upon by you and Peak 8.  Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.

Waiver of Jury Trial.  YOU AND PEAK 8 HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.  The arbitration agreement constitutes a binding agreement to resolve all disputes by arbitration.

Class Action Waiver.  YOU AND PEAK 8 WAIVE ALL RIGHTS TO HAVE ANY DISPUTE TO BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS.  ONLY INDIVIDUAL RELIEF IS AVAILABLE.  

 

11. General Provisions

Governing Law. These Terms, together with the Privacy Policy, shall all be governed and construed in accordance with the internal laws of the State of Colorado, without regard to conflicts of law principles.  The Uniform Commercial Code will not apply.

Deadline for Filing a Claim.  Any cause of action or claim you may have with respect to these Terms and the Services must be filed no more than one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Entire Agreement; Severability; Waiver; Remedies.  These Terms, together with the Privacy Policy, constitute the entire agreement between you and Peak 8 concerning the Service. If any provision of these Terms and/or the Privacy Policy are deemed invalid by a court of competent jurisdiction, that term shall be severed and will not effect the remaining Terms, which shall remain in full force and effect. No failure or delay by Peak 8 to exercise any right under these Terms will be deemed a waiver. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. Peak 8’s rights and remedies under these Terms are cumulative and not exclusive.  These Terms are binding upon and will inure to the benefit of both parties and their successors.

Assignment.  Peak 8 may assign its rights and duties under these Terms to any party at any time without notice to you.  You may not assign your rights without our prior written consent.  

Notices; Electronic Communications.  You agree to receive all communications, including any notices that may be required under these Terms, electronically.  We may provide notices via email or by posting to the Silke Lessner website.  All notices must be delivered in writing to the following address:

Peak 8 Digital Services LLC
1600 Stout Street, Ste 1100
Denver, CO 80202

Questions and Complaints.  If you have any questions or complaints about our Service, please contact us via email at support@silkelessner.com.

Notice for California Users.  Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

* Silke Lessner is also the name of an individual.  For clarity, all references to “Silke Lessner” in these terms refer to the Silke Lessner Service.