Your Account Information and Email
Peak Cognition provides a virtual reality training experience. When you download Peak Cognition, we may require you to create an account and provide information about yourself, including your email address and a password (“Account Information”). Some Peak Cognition features either now or in the future may allow you to post or submit content and materials for publication on Peak Cognition (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer Peak Cognition or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it. You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters. You may choose to opt out of much of this email correspondence through your Account Settings pages or by using the links at the bottom of our emails. Please note that even if you opt out, we’ll still send you account-related emails, such as purchase confirmation and password reset emails.
Peak Cognition is protected by Canadian and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store Peak Cognition content in any form outside of Peak Cognition and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Peak Cognition content. You agree that all data and algorithms in our flash files and associated servers are “trade secrets” as defined, without limitation, in the laws of Alberta. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in Peak Cognition. All intellectual property rights in Peak Cognition are, as between you and Lenica Research Group, the sole and exclusive property of Lenica Research Group. Some Peak Cognition features either now or in the future may allow you to post or submit content and materials for publication on Peak Cognition (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer Peak Cognition or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it. We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you.
Your License to Use Peak Cognition
We are providing you with access to Peak Cognition pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license. You can use Peak Cognition for personal, business, non-commercial use only, and subject to the TOS. This license is available to you as long as you are not barred from Peak Cognition by applicable law and your account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use Peak Cognition. Lenica Research Group reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
Canceling Your Account
While we hope you enjoy using Peak Cognition, you may cancel your account at any time by contacting our customer support team. For information about the availability of refunds, please contact us (firstname.lastname@example.org)
Restrictions and Prohibited Uses
Peak Cognition is used by many people, and we are proud of the trust our user's place in us. We expect, in turn, that our users do not misuse our products and services. Except with our written permission, you shall not: Attempt to impersonate another person or use another person’s Peak Cognition account information without authorization; Use or distribute Peak Cognition for your own scientific or clinical research purposes; Violate or attempt to violate Peak Cognition’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of Peak Cognition systems and networks; Redistribute, decompile, reverse engineer, publish, or copy Peak Cognition, including cracking its flash (.SWF) files; Use Peak Cognition for the purpose of creating a product with a substantially similar look, feel or design; Access or search Peak Cognition by any means other than our publicly supported interfaces (for example, “scraping”); Interfere with others’ use and enjoyment of Peak Cognition; Use Peak Cognition or any trademarks, game names, trade names, service marks, copyrights, or logos of Lenica Research Group, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you; Violate any third party’s rights, including intellectual property or privacy rights; Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate. Engaging in prohibited uses is grounds for immediate termination of your Peak Cognition account, and may also subject you to civil or criminal penalties.
YOU AGREE THAT USE OF PEAK COGNITION IS AT YOUR OWN SOLE RISK AND THAT PEAK COGNITION IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LENICA RESEARCH GROUP AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING PEAK COGNITION, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you. LENICA RESEARCH GROUP STRIVES TO MAINTAIN PEAK COGNITION ON A COMMERCIALLY REASONABLE BASIS AND CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO PEAK COGNITION AT ALL TIMES.PEAK COGNITION IS NOT A MEDICAL SERVICE AND IS NOT TO BE USED FOR THE PURPOSE OF SEEKING, AND PEAK COGNITION IS NOT PROVIDING, MEDICAL TREATMENT OR ADVICE.THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING ANY OF THE VIRTUAL REALITY (VR) PRODUCTS (PICO VR, MOBILE VR, OCULUS, HTC) TO REDUCE THE RISK OF PERSONAL INJURY, DISCOMFORT, AND PROPERTY DAMAGE, PLEASE ENSURE THAT ALL USERS OF PEAK COGNITION READ THE WARNINGS AND INSTRUCTIONS PROVIDED AT THE LINKS BELOW CAREFULLY BEFORE USING YOUR PEAK COGNITION PRODUCTS.
Pico Safety Warnings: https://www.pico-interactive.com/us/terms/user_safety.html
Peak Cognition Safety Warnings: https://www.lenica.ca/VR_warnings
WARNING: FAILURE TO FOLLOW THIS HEALTH AND SAFETY INFORMATION MAY RESULT IN DAMAGE TO PEAK COGNITION PRODUCTS, ACCESSORIES OR ANY CONNECTED DEVICES, AND MAY INCREASE THE RISK OF PERSONAL INJURY, PROPERTY DAMAGE, DISCOMFORT OR OTHER POTENTIAL HAZARDS. BY USING PEAK COGNITION PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU HAVE REVIEWED THESE WARNINGS AND INSTRUCTIONS (AND WILL REVIEW ANY UPDATES THERETO), AND WILL ACT IN ACCORDANCE WITH SUCH WARNINGS AND INSTRUCTIONS.
Limitation of Liability
IN NO EVENT SHALL LENICA RESEARCH GROUP OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO PEAK COGNITION FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO USE PEAK COGNITION; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF PEAK COGNITION; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN LENICA RESEARCH GROUP AND YOU. YOU UNDERSTAND THAT PEAK COGNITION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.
You agree to defend (at our request), indemnify and hold harmless Lenica Research Group and its affiliates, and their independent contractors and service providers, and each of their respective directors, officers, employees and agents (collectively, "Lenica Parties") from and against all claims, liabilities, damages, losses, and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising out of or in any way connected with (a) your purchase or use of, or inability to use, the Peak Cognition Products; (b) your violation of the Terms or any other applicable terms, policies, warnings or instructions provided by Lenica Research Group or a third party in relation to the Peak Cognition Products; (c) your violation of any applicable law or any rights of any third party; or (d) any content you provide, upload, or transmit via Peak Cognition Products, unless applicable law requires otherwise.
(a) Severability and Waiver. If any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.
(b) Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Commercial Arbitration Act (“CAA”), the TOS are governed by Alberta law without regard to conflict of law provisions. Except as provided in Section 10, or to the extent preempted by the CAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts Edmonton, Alberta as the legal forum for any dispute between them.
(c) Change Policy. The TOS may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on Peak Cognition or by posting an updated TOS on Peak Cognition at least 30 days in advance of the effective date of the updated TOS. Please note that unless otherwise provided by applicable law, your continued use of Peak Cognition following the effective date means that you agree with, and consent to be bound by, the updated TOS.
(d) Miscellaneous. The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by Lenica Research Group on Peak Cognition, the TOS shall govern, unless otherwise indicated.