Terms of Use

Last Updated October 26, 2015 

These Terms of Use constitute a legally binding agreement between Jupiter Peak Capital, LLC ("Jupiter Peak") and you, the user of the Jupiter Peak web site (the "Site").  By accessing the Site you acknowledge that you have read and agree to these Terms of Use.  These Terms of Use govern your use of the Site.  Please read these Terms of Use carefully.  If you do not agree with any of the terms and conditions contained herein, please do not access the Site. 

Jupiter Peak reserves the right to amend these Terms of Use in its sole discretion. Jupiter Peak will post any changes to these Terms of Use on the Site, and changes are effective immediately upon posting.  Your continued use of the Site after any such changes constitutes your acceptance of the new terms and conditions.

Use of the Site

Your right to access and use the Site is limited solely for the purpose of evaluating a potential business relationship with Jupiter Peak or for internal business purposes in furtherance of an existing business relationship with Jupiter Peak. 

Ownership

The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, "Marks") found on the Site and any and all information and content available through the Site (including strategies, policies, business plans, research, concepts, and other information (collectively, the "Content") are proprietary to Jupiter Peak or its licensors and are protected by intellectual property rights and unfair competition and other laws.  You may not use any Mark or Content without the express written permission of the owner (whether Jupiter Peak or otherwise), and nothing contained in these Terms of Use or anywhere on the Site shall be construed as granting any license or right to use any Mark or Content.    

Third-Party Links

From time to time, Jupiter Peak may provide links from this Site to websites operated by third parties. Our decision to do so is in no way an endorsement of these sites. Jupiter Peak does not monitor, edit or control such third-party sites and is not responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to follow links to such websites is at your sole risk. If you have any questions regarding a linked site, please direct them to the administrator of the relevant site. Jupiter Peak reserves the right to terminate any link at any time.

Not Investment Advice; No Recommendations

This Site is not intended to provide legal, business, tax, accounting, investment, or other advice. You agree not to construe any of the Content provided in connection with the Site as legal, business, tax, accounting, investment, or other advice. You agree that the Content provided in connection with the Site does not, and shall not be deemed to, constitute an offer to sell, solicitation of an offer to buy, or a recommendation for any security of a company to you or any other person by Jupiter Peak or any third party. In addition, you understand and agree that all Content provided in connection with the Site is published without consideration of your individual circumstances, financial, or otherwise. Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including, the evaluation of any investment or other risks, with respect to any of the Content provided in connection with the Site. You agree to consult your own professional advisors as to any legal, business, tax, accounting, financial, or other advice regarding any Content provided in connection with the Site.    

Disclaimer of Warranties            

THE SITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, PROVIDED WITHOUT WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY JUPITER PEAK, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.  JUPITER PEAK FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE.  YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.

Limitation of Liability

JUPITER PEAK DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE OR THE CONTENT.  JUPITER PEAK IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE SITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THE SITE OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.

 

UNDER NO CIRCUMSTANCES WILL JUPITER PEAK BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN.

Indemnity

You agree that you will be solely responsible for, and that you will defend, indemnify and hold Jupiter Peak, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your violation of these Terms of Use.  Jupiter Peak reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Jupiter Peak for all liabilities, losses, or damages. You agree to provide Jupiter Peak with whatever cooperation it reasonably requests.

Miscellaneous

You may not assign or otherwise transfer these Terms of Use or your rights or obligations under it without Jupiter Peak's prior written consent, and any attempted assignment or other transfer in violation of this provision shall be null and void. Nothing in these Terms of Use may be used to construe you and Jupiter Peak as joint venturers, co-employers, partners, or agents of each other, and neither you nor Jupiter Peak has the power to obligate or bind the other in any way whatsoever.  Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect. The failure of Jupiter Peak at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.  These Terms of Use shall be governed by and construed in accordance with the laws of the State of Utah without regard to its conflict of law rules.  Any legal proceeding arising out or relating to these Terms of Use against or relating to Jupiter Peak or any indemnified party under these Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in Salt Lake City, Utah and you irrevocably consent to the jurisdiction of such courts.  The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

Headings and captions throughout these Terms of Use are for convenience only and should not be considered part of these Terms of Use. The word "including" means "including without limitation."

If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact Jupiter Peak at 1-435-315-2800