CITYPEEK TERMS OF USE AGREEMENT

This site is owned or managed by CITYPEEK, LLC. (“CITYPEEK”). By using the CITYPEEK Website you agree to be bound by these Terms of Use Agreement (the “Agreement”).

CITYPEEK provides this CITYPEEK Website and related services for your personal non-commercial use only and may not be used in connection with any commercial endeavors. . Please read this Agreement carefully before using this CITYPEEK Website. Your use of this CITYPEEK Website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this CITYPEEK Website. This Agreement sets forth CITYPEEK’s policies with respect to its operation of the CITYPEEK Websites.

Certain products or services offered by this and/or other CITYPEEK Websites (each a “CITYPEEK Internet Service,” and collectively “CITYPEEK Internet Services”), and certain areas within this and/or other CITYPEEK Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or CITYPEEK Internet Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

YOU MAY NOT USE THE CITYPEEK WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY CITYPEEK WEBSITE MAY BE TERMINATED IMMEDIATELY IN CITYPEEK’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Some parts of this CITYPEEK website may contain adult content intended for people who are at least 18 years old. By viewing this adult content, you are representing that you are at least 18 years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the CITYPEEK Website content.

Changes to this Agreement. This Agreement is effective at all times.  CITYPEEK reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time and any such modifications will effective upon posting on this CITYPEEK website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the CITYPEEK Website and/or CITYPEEK Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this CITYPEEK Website and/or the CITYPEEK Internet Service to which the changes may apply.

Privacy and Protection of Personal Information. CITYPEEK has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, and disclosure of personal information. You can find this Statement by clicking here.

Accounts, Security, Passwords. If a particular CITYPEEK Website or CITYPEEK Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify CITYPEEK immediately of any unauthorized use of your account. CITYPEEK is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular CITYPEEK Internet Service.

You are solely responsible for the Content that you publish or display (hereinafter, "post") on the CITYPEEK Website or transmit to others.  By posting Content to any public area of CITYPEEK, you automatically grant, and you represent and warrant that you have the right to grant, to CITYPEEK an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.   The following is a partial list of the kind of Content that is illegal or prohibited on the CITYPEEK Website. CITYPEEK reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that: is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ; displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; solicits people you don't know to add you or accept you as a friend on CITYPEEK.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the CITYPEEK in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the CITYPEEK Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.  CITYPEEK may be reached, for notice of claims of copyright infringement, as follows: Copyright Agent, CITYPEEK, LLC: info@citypeek.com.

Fees. Except where otherwise provided, access to and use of this CITYPEEK Website offered through this site are currently available without charge. CITYPEEK reserves the right to charge a fee for access to or use of this CITYPEEK Website at any time in the future. Your access to or use of this CITYPEEK Website before such time does not entitle you to use of this CITYPEEK Website without charge in the future.

Disclaimer of Warranties. YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS CITYPEEK WEBSITE AND/OR CITYPEEK INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS CITYPEEK WEBSITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. CITYPEEK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CITYPEEK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. CITYPEEK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS CITYPEEK WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. CITYPEEK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS CITYPEEK WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT. CITYPEEK IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR CITYPEEK INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

Links. This CITYPEEK Website may contain links to websites operated by third parties. CITYPEEK does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for, the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply CITYPEEK's endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

Intellectual Property Ownership. CITYPEEK owns and retains all proprietary rights in the CITYPEEK Website. The CITYPEEK Website contains the copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of CITYPEEK, and its licensors.  Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Software Available Through CITYPEEK Website. Any software that is made available to view and/or download in connection with a CITYPEEK  Service (“Software”) is owned or controlled by CITYPEEK and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. CITYPEEK accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

Third-Party Merchants. This CITYPEEK Website may enable you to order and receive products, information and services from businesses that are not owned or operated by CITYPEEK. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. CITYPEEK does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. CITYPEEK will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged by CITYPEEK.

Modification/Termination by CITYPEE. CITYPEEK reserves the right, in its sole discretion, to modify, suspend, or terminate this CITYPEEK Website and/or any portion thereof, including any CITYPEEK Internet Service, and/or your account, password, or use of any CITYPEEK Internet Service, or any portion thereof, at any time for any reason with or without notice to you.  Termination of your account for a CITYPEEK Internet Service removes your authorization to use the CITYPEEK Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, CITYPEEK shall not be liable to you or any third-party for any termination of your access to a CITYPEEK Internet Service.

Interactive Services. This CITYPEEK Website may offer certain CITYPEEK Internet Services having interactive components such as bulletin boards, chat rooms, blogs and forums (collectively “CITYPEEK Interactive Services”). Additional terms may cover these services, which appear on the pages where these services are available and can be found here.

Subscription Services. This CITYPEEK Website may offer certain CITYPEEK Subscription Services such as newsletters and Real Simple Syndication (“RSS”) feeds (collectively “CITYPEEK Subscription Services”). By registering for a CITYPEEK Subscription Service, you will be subject to any charges and rules set forth in the description of that service

Premium Services. Some CITYPEEK Internet Services on this CITYPEEK Website, including certain CITYPEEK Interactive and Subscription Services, may be offered to you conditioned on your payment of a fee (“CITYPEEK Premium Service”). By using the CITYPEEK Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service. A copy of the Premium Service Additional Terms can be found here.

Contests/Sweepstakes. For Additional Terms applying to all contests or sweepstakes conducted by this CITYPEEK Website, refer to this site's contest or sweepstakes information.

Limitations on Liability. In no event shall CITYPEEK, its members, owners, directors, subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the CITYPEEK Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the CITYPEEK Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the CITYPEEK Website or any information, software, products, services, and related graphics obtained through the CITYPEEK Website; (vi) any transactions entered into through this CITYPEEK Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this CITYPEEK Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the CITYPEEK Website and CITYPEEK Internet Services. The limitations of liability shall apply regardless of the form of action (or inaction), whether based on contract, tort, negligence, strict liability or otherwise, even if CITYPEEK has been advised of the possibility of damages.

Indemnification. You agree to indemnify, defend, and hold harmless CITYPEEK, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty or representation you provide herein, or otherwise arising in any way out of your use of this CITYPEEK Website and any related CITYPEEK Internet Service and/or software.  CITYPEEK reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with CITYPEEK in asserting any available defenses.

International Use/U.S. Export Controls. Accessing materials on this CITYPEEK Website by certain persons in certain countries may not be lawful, and CITYPEEK makes no representation that materials on this CITYPEEK Website are appropriate or available for use in locations outside the United States. If you choose to access this CITYPEEK Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

The United States controls the export of any software downloadable from this CITYPEEK Website. No software or any other materials associated with this CITYPEEK Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a CITYPEEK Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

Governing Law; Venue. If there is any dispute about or involving the CITYPEEK Website and/or any CITYPEEK InternetService, the dispute will be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Maryland.

No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between CITYPEEK and any user of the CITYPEEK Website or any CITYPEEK Internet Service.