Terms of Use
PEAK EVENT SERVICES WEBSITE TERMS OF USE
IMPORTANT – PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE CONTACTING US OR ENTERING INFORMATION ON THE PPC EVENT SERVICES, LLC D/B/A PEAK EVENT SERVICES (PEAK) WEBSITE, AT PEAKEVENTSERVICES.COM. THEY WILL COVER ALL OF YOUR USES OF AND PARTICIPATION IN THE SERVICES DEFINED BELOW. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. YOUR CONTINUED USE OF AND PARTICIPATION IN THE SERVICES INDICATES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS OF USE.
Welcome to the Peak Website. These Terms of Use govern your use of this Website. You acknowledge that you have read and unconditionally agree to these Terms of Use, as may be amended by us from time to time. You warrant and represent that you are authorized to participate in and use our Services (as defined below) and that you are at least 18 years of age. You also warrant that all information you provide under this Terms of Use is true and complete and that you will promptly update such information to maintain its accuracy.
Privacy
Please review the Peak Privacy Notice, which also governs your visit to this site and use of our Services, to understand our practices with respect to Website information collection, use and disclosure practices.
Electronic Communications
When you visit this Website, enter information on this Website or use our services (“Services”), you are communicating with us electronically and consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this site. Subject to applicable law, if any, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright/Trademarks/Other Proprietary Right
All content (and the compilation thereof) included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is and will remain our property or that of our content suppliers and is protected by United States and international copyright laws. Except as otherwise provided herein, all graphics, logos, page headers, button icons, scripts, and service names on the site are and will remain our trademarks or service marks. All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You will not have, acquire or assert any rights in our Services, Website, components or proprietary rights and will not, without our prior written consent, copy, reproduce or distribute in any manner any of the content, data or information available through our Website or Services. You will not remove or modify any copyright, trademarks, service marks, confidentiality or other proprietary notice or marking appearing on any materials relating to the Services or Website.
Your Account
If you use this site, enter information or use Services, then you are responsible for maintaining the confidentiality or security of your account and password and for restricting access to your computer, and you agree to accept full responsibility for all activities that occur under your account or password. You also agree to immediately notify us of any unauthorized use thereof. Product retailers and/or manufacturers may also provide additional Terms of Use and/or terms and conditions associated with your product selection that may or may not be displayed through this Website. We reserve the right at all times for any reason to modify or refuse your use of Services and/or content, including, but not limited to, the ability to terminate your account, remove, change or edit content or products offered, and/or cancel your orders at our sole discretion.
Risk of Loss
The risk of loss and title for all items purchased or acquired through the Services will pass to you upon our delivery to the carrier.
Product/Services Descriptions
We attempt to be as accurate as possible in describing the products and Services offered through this site. However, we cannot and do not warrant that product descriptions or other content of this site or the Services are accurate, complete, reliable, current, or error-free. You acknowledge that interruptions and loss of Services may occur as a result of maintenance or repairs to our Services or Website, unexpected outages or interruptions or an act or omission by you or any third party. We will not incur any liability as a result of any such interruption or loss.
Disclaimer of Warranties and Limitation of Liability
TO THE EXTENT PERMISSIBLE BY LAW, THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), RELATED SYSTEMS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY US OR OTHER THIRD PARTIES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, CONTENT AND THE SERVICES IS AT YOUR SOLE RISK AND MAY BE SUBJECT TO CHANGE OR REMOVAL AT ANY TIME.
WE DO NOT WARRANT THAT THIS SITE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), RELATED SYSTEMS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE WILL BE UNINTERRUPTED, TIMELY OR FREE FROM ERRORS, INACCURACIES, VIRUSES OR OTHER HARMFUL COMPONENTS. WE, OUR SUPPLIERS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND SHAREHOLDERS ARE NOT AND WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), RELATED SYSTEMS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
Indemnification
You will indemnify, defend (at our election) and hereby release us, our directors, our officers, our employees, our suppliers and our agents from all losses, damages, penalties, costs and expenses (including, but not limited to, legal fees) caused by, arising from or relating to information or content provided by you or your use of or participation in our Services or Website or your breach of these Terms of Use.
Miscellaneous
These Terms of Use are governed by Massachusetts law, without regard to principles of conflict of laws. These Terms of Use, your registration and any other user policies, including our Privacy Policy, are the entire agreement between the parties and supersede all prior agreements and understandings between the parties related to these Services and Website. All provisions of these Terms of Use are severable and any provision of these Terms of Use found by a court of competent jurisdiction or arbitration panel to be invalid or unenforceable will not affect the validity or enforceability of any other provision of these Terms of Use. To the extent legally permissible, the parties will replace any illegal, invalid or unenforceable provision of these Terms of Use with a valid provision that will implement the intended purpose of the illegal, invalid or unenforceable provision. Any notices under these Terms of Use will be in writing and delivered to the following address:
Peak Event Services
36 Cabot Road
Woburn, MA 01801
Disputes
Any dispute that is not resolved between you and us in an effective and timely manner and relating in any way to your visit to this site or use of our Services will be submitted to confidential arbitration in Suffolk County, Massachusetts; except that, to the extent you have in any manner violated or threatened to violate our or our supplier’s intellectual property rights. In such case, we may seek injunctive or other appropriate relief in any state or federal court in Suffolk County, Massachusetts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Terms of Use will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use will be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
Returns Policy
Once placed, orders cannot be cancelled unless merchandise is received damaged or it is determined that there has been an error on the order.
Though damage incurred to any merchandise ordered while in transit is unlikely, review the following information: Any incidence of damage must be reported by contacting Peak at the peakservices.com Website within 24 business hours of delivery to the original “Ship To” destination. All original packaging should be retained to insure proper handling of a damage claim. You may be required to provide proof of damage in order to process your return request.
Depending on the method of shipping and delivery that the vendor chooses, a signature may be required upon delivery. If this is the case, please thoroughly inspect your package(s) for damage prior to signing for the delivery. DO NOT DESTROY OR DISPOSE OF ANY MERCHANDISE OR PACKAGING WITHOUT AUTHORIZATION.]
Links to Other Websites
Our Services may contain links to third-party Websites or Services that are not owned or controlled by Peak. Peak has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Websites or Services. You further acknowledge and agree that Peak shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such Websites or Services.
Changes
Peak reserves the right, at our sole discretion, to modify or replace these Terms of Use at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Us
If you have any questions about these Terms of Use, please contact us at
[email protected].
Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Pricing, Deposits & Payment
Payment is due in USD on or before date of delivery listed on order unless Customer has payment terms contract with PEAK Event Services. Prices quoted are for one-day rental and do not include delivery, tax, damage waiver fee, setup and/or breakdown charges. Customers are also welcome to pick up at our locations in Woburn, MA and Stoughton, MA. Additional rental charges will be incurred if items are not returned on dates contracted. A 35% deposit is required to reserve items. This deposit is non-refundable 60 days prior to the event.
Orders must be placed by 12pm for delivery the following day or additional rush fees will apply. Equipment added to your order for the same day, after business hours for the following day, or after delivery will be subject to additional rush fees. Orders are not reducible day prior to delivery. A credit will not be issued for any items that were unused.
To avoid additional fees, all equipment must be repackaged in the same condition it was received. China, glassware, flatware and cooking equipment must be scraped free of food. Linen should be placed in provided bags and should be free of debris. Chairs should be stacked unless setup and breakdown terms have been contracted. All equipment must be protected from weather at all times.
Damage Waiver
A non-refundable Damage Waiver Fee is charged on all rental items. This is a cost associated with renting our equipment, therefore it is not refundable, nor will it be waived. The Damage Waiver covers rental items that have minor damage due to accidental breakage. The customer is responsible for any missing or damaged equipment. Equipment that has been damaged due to neglect is not covered by the damage waiver.
Specialty & Custom Orders
Specialty and custom orders require a non-refundable deposit and order needs to be paid in full prior to event. Final counts on specialty and custom orders must be submitted at least 14 days before delivery.
Order Cancellation
Notice of order cancellations must be given 48 hours prior to delivery or fees apply. Orders canceled the day before, day of or at the time of delivery are nonrefundable.
Delivery and Pickups
There is a minimum that must be reached to receive delivery & pick-up of your order, excluding the delivery charge. Delivery and pick-up charge is quoted as a roundtrip fee. Delivery and pick-up charges are based on time and location of the delivery. Normal delivery hours are 6am-6pm. Delivery and pick-up outside of our normal hours will incur additional charges such as Firm Time, Late Night or Holiday. A minimum of a 4-hour window is required to avoid additional charges.
Delivery locations must be within 100 feet of the accessible truck or additional fees will apply. It is the responsibility of the renter to inform PEAK Event Services of potential delivery obstacles, such as driveways not accessible by a truck, narrow doorways or small elevators. Peak Event Services will not be responsible if equipment cannot be loaded onto a location due to obstacles.
All equipment must be returned to the place of delivery or additional labor fees will apply. If rental equipment cannot be located on-site, additional pickup fees will apply. For deliveries requiring other modes of transportation or site labor, a labor charge will be calculated and entered as TBD until site visits and logistics can be determined. Additional billing may occur if the site is challenging or last minute changes occur to the delivery plan.
Customer Pick Up Orders
If picking up an order that includes a table at Customer Pick Up (CPU), you must have a van or extra-large SUV in order to fit table inside vehicle. If you are unsure about whether the table will fit in your vehicle, please ask your Event Rental Consultant for further dimension requirements.
Additional Information
Please note, glassware and stemware is rented by the rack. To protect your floors, adhesive pads may be applied to the bottom of table and chair legs upon advance request for an additional fee.
If you feel that we are not abiding by this privacy policy/terms of use, you should contact us immediately via telephone at 833-888-PEAK.
