Terms & Conditions

Terms 

This website is owned and operated by Painless Poke Lab LLC, the trademark holder of Peak Performance Research. By accessing this website, you agree to be bound by these Terms and Conditions of Use, as well as all applicable laws and regulations, including those governed by the State of Texas. You acknowledge that you are responsible for compliance with any applicable local, state, and federal laws when using this website. If you do not agree with any of these terms, you are prohibited from using or accessing this site. 

 Links Outside the site  

Peak Performance Research has not reviewed all of the sites linked to its web site and is not responsible for the contents of any such linked site. No inference or assumption should be made and no representation should be implied that Peak Performance Research  is connected with or controls these websites. You should refer to each web site’s terms and conditions or terms of use. The inclusion of any link does not imply endorsement by buildyourpeak.com of the site. Use of any such linked web site is at the user’s own risk. 

Site Terms of Use Modifications  

Peak Performance Research has the right to revise terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use. 

Indemnity  

You agree to defend, indemnify, and hold harmless Peak Performance Research, its parent company Painless Poke Lab LLC, affiliates, employees, agents, directors, officers, and shareholders from and against all liabilities, claims, damages, and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with:  • Your use or inability to use this website. • Your violation or alleged violation of these Terms and Conditions. • Your infringement or alleged infringement of any copyright, trademark, proprietary, or other intellectual property rights of third parties. • Any unauthorized or unlawful activity conducted through your account or interaction with our services.  This indemnification obligation shall survive the termination of your use of this website and remain enforceable under the laws of the State of Texas. 

Limitations of Liability  

In no event shall Peak Performance Research, its parent company Painless Poke Lab LLC, subsidiaries, agents, directors, officers, employees, or suppliers be liable for any damages, including but not limited to consequential, special, incidental, direct, indirect, exemplary, or punitive damages, or damages for loss of data or profit, breach of our online privacy policy, breach of these Terms and Conditions, or business interruption arising from: • Your use or inability to use this website. • Our use of information you provide. • The products sold to you. • Any other claim related to your interaction with Peak Performance Research, even if we have been notified orally or in writing of the possibility of such damages.  Regardless of the theory of liability-whether negligence, contractual, tort, strict liability, or otherwise-our liability shall be limited to the fullest extent permitted by Texas law. Because some jurisdictions do not allow limitations on implied warranties or liability for consequential or incidental damages, certain limitations may not apply to you. Additionally, you waive any and all rights to bring any claim or action related to this website beyond one (1) year after the first occurrence of any act, event, condition, or omission on which such claim or action is based. 

Warranties and Disclaimers  

By using this website, you acknowledge and agree that your use and reliance on the materials contained herein are at your own risk. To the maximum extent permitted by Texas law, all materials, products, and services provided by Peak Performance Research, a trademarked entity under Painless Poke Lab LLC, are offered "as is" and "with all faults." Peak Performance Research makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including but not limited to: • Implied warranties or conditions of merchantability, fitness for a particular purpose, title, or non-infringement of intellectual property or other rights.  • Accuracy, reliability, or likely results of using the materials on this website or any linked sites. • Uninterrupted, error-free, or reliable functionality of this website. You acknowledge that Peak Performance Research is not responsible for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, theft, destruction, damage, or unauthorized access to your computer or network. Furthermore, you acknowledge that Peak Performance Research is not liable for any defamatory, offensive, or illegal conduct or material found on this website, including content transmitted by other users.