BY USING ANY WEBSITE, MOBILE APP OR SERVICE OF Peak Real Estate (“Peak Real Estate”) YOU AGREE TO ABIDE BY THESE TERMS OF USE BETWEEN YOU AND Peak Real Estate, WHICH INCLUDE THE REFERENCED PRIVACY POLICY (“AGREEMENT”). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE ANY Peak Real Estate WEBSITE OR TO OBTAIN ANY SERVICES FROM Peak Real Estate.

The Peak Real Estate websites and mobile apps (collectively, “Websites”; and individually, “Website”). Peak Real Estate provides numerous services, including as referenced on the Websites (“Services”).

Peak Real Estate reserves the right, at its discretion, to revise the terms of this Agreement and/or change, suspend, discontinue or modify any aspect of any Website. Such modifications may include, without limitation, changes in content, in user priorities, and discontinuance of functional aspects of any Website. Your continued use of any Website after the posting of revisions to the Terms Of Use shall constitute your acceptance to be bound by the express terms of any such revisions.

1. CERTIFICATION OF USER.
By using or attempting to use this Website, you certify to Peak Real Estate that you are a resident of the United States or otherwise authorized to conduct business in the United States, are at least 18 years of age or older and have the legal capacity to enter into this Agreement.

2. CONTENT AND REGISTRATION.

2.1. The Website content shall mean all areas and aspects of the Website and Services including, without limitation, text, data, photos, graphics and/or video or any information whatsoever obtained through the Website (collectively referred to herein as “Information”), Peak Real Estate’s computers or network and any subscription or software, product, service, or information provided by Peak Real Estate.

2.2. Vendor Content – Peak Real Estate has entered into contractual relationships with certain vendors, sponsors, and advertisers of products or services (“Vendors”), pursuant to which Peak Real Estate may link to or display information, advertisements, discounts, products, goods, or services offered by the Vendors (“Vendor Content”). Peak Real Estate does not guarantee the availability or accuracy of any such Vendor Content or offers, nor does it endorse, guarantee nor insure any Vendor products or services.

2.3 Peak Real Estate shall not be held liable, directly or indirectly, for any loss or damage caused by your use of: (a) any external site linked to the Service, (b) Vendor Information, or (c) Vendor products or services. Statements made on the Service Area concerning the products or services of Peak Real Estate do not constitute an offer, but are merely solicitations of an offer.

2.4. Registration – You may browse and view certain content on the Website without registering, but as a condition to using certain other aspects of the Website or accessing certain services, you may be required to register and select a user identification and password. You agree to maintain the confidentiality of such registration information, be the sole user of such registration and use your registration solely to access the Website and to obtain Services. Peak Real Estate reserves the right to monitor your use of the registration and to discontinue you it at any time in Peak Real Estate sole discretion. If you believe that your registration has been compromised, you must promptly change your registration information and notify us immediately.

3. LIMITATIONS ON USE AND USER SUBMISSIONS.

3.1. Copyright, Patent and Trademark Notice.
All content of the Website provided by Peak Real Estate, including, but not limited to, all text, photos, graphics, audio, software, webpage layouts or configurations, presentations in any format and/or video is copyrighted by Peak Real Estate, or its affiliates or subsidiaries. Copyright © 2025 Peak Real Estate. All rights reserved.

No portion of the Content or other materials may be directly or indirectly copied, published, reproduced, modified, performed, displayed, sold, transmitted, published, broadcast, rewritten for broadcast or publication or redistributed in any medium, whether now known or hereafter created. The foregoing prohibition includes, but is not limited to “screen scraping” or “database scraping” to obtain lists of users or other Information. Nor may any portion of the Information or other materials be stored in a computer or distributed over any network, except that you may download or print one copy of pages strictly for personal and non-commercial use; however, any print out of any page of the Website or portion thereof, must include Peak Real Estate’s copyright notice. Peak Real Estate, and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, registered trademarks, and/or trade dress of Peak Real Estate. All other content product names and company logos are trademarks of their respective owners. Neither these materials, nor any portion thereof, may be stored in a computer except as reasonably necessary for personal and non-commercial use; however, any print out of any page of the Website or portion thereof, must include Peak Real Estate’s copyright notice and/or trademark registration notice as appropriate.

3.2. Notice of Copyright Infringement – Peak Real Estate respects the copyrights of others. Peak Real Estate reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Peak Real Estate has implemented procedures for receiving written notification of claimed infringements. If you believe that your copyrighted work has been reproduced on the Website in a way that constitutes copyright infringement you may notify us by e-mail at info@selltopeakrealestate.com.

3.3. Restricted Use – You agree to use the Service Area and Information for lawful purposes only. You agree not to post or transmit any information through the Service Area which:
(a) infringes any patent, trademark or copyright rights of others or violates their privacy or publicity rights,
(b) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or
(c) is protected by patent, copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark or other proprietary rights, or any other harm resulting from your use of the Service.

3.4. Your Submission of Messages – You hereby grant to Peak Real Estate a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and use for any purpose all messages or other materials posted by you on the Service or any e-mail sent by you to Peak Real Estate (in whole or in part) and to incorporate any such messages or other materials or e-mails in any form, into other media or technology whether now known or hereafter developed.

3.5. Public messages – All electronic forums made available to users of the Service are the sole property of Peak Real Estate and are not a public forum. You understand and acknowledge that all information, data, files, software, music, sound, photographs, graphics, video, messages or other materials posted by any person or entity other than Peak Real Estate (“Third-Party Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Third-Party Content originated. You assume total liability for all Third-Party Content that you upload, post, email or otherwise transmit via the Service. Peak Real Estate assumes no liability for any such Third-Party Content.

4. ACCESS AND DELAYS IN SERVICES
Peak Real Estate, its affiliates, subsidiaries, and Vendors shall have no responsibility to provide you access to the Website. Further, Peak Real Estate, its affiliates, subsidiaries, and Vendors shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of the Service for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.

5. MONITORING BY Peak Real Estate
You acknowledge that Peak Real Estate reserves the right to, and may from time to time, monitor for all lawful purposes any and all Third-Party Content transmitted or received through the Service. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. All Third-Party Content, including personal information, placed on or sent over the Service may be monitored. Use of the Service, authorized or unauthorized, constitutes consent to such monitoring and to the other terms of this Agreement.

6. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY
6.1. General Disclaimer and Limited Warranty – You acknowledge that certain aspects of the Information and/or Vendor Information and links provided through the Website are compiled from sources which may be beyond the control of Peak Real Estate. Though such Information and links are recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur. Peak Real Estate, its licensors and Vendors do not warrant the accuracy or suitability of any such Information. Neither Peak Real Estate nor its licensors or Vendors represent or endorse the accuracy or reliability of the Information distributed through the Service.

FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS WITH ALL FAULTS BASIS.” PEAK REAL ESTATE AND ITS LICENSORS AND VENDORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, PEAK REAL ESTATE AND ITS LICENSORS AND VENDORS NEITHER REPRESENT NOR WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS OR WILL ACHIEVE ANY DESIRED RESULT.

6.2. You assume all risk of errors and/or omissions in the Website, including the transmission or translation of data. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website, including the Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under this Agreement.

6.3. Viruses – YOU ACKNOWLEDGE AND AGREE THAT PEAK REAL ESTATE USES REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH, THE WEBSITE OR THE INFORMATION. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD PEAK REAL ESTATE HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.

6.4. LIMITATION OF LIABILITY – YOU AGREE THAT PEAK REAL ESTATE AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE FOR ANY PURPOSE WHATSOEVER. IF THE ABOVE LIMITATIONS OF LIABILITIES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO TEN (10%) PERCENT OF THE SUMS PAID TO PEAK REAL ESTATE BY YOU UNDER THE TERMS OF THIS AGREEMENT OR $100.00, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EVEN IF PEAK REAL ESTATE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION 6 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

6.5. FTC NOTICE – SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

7. INDEMNIFICATION
YOU SHALL RELEASE, DISCHARGE, AND RELINQUISH, DEFEND INDEMNIFY AND HOLD HARMLESS PEAK REAL ESTATE AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS, AND EACH OF THEIR MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS, AND CONTRACTORS OF WHATEVER TIER (COLLECTIVELY, THE INDEMNITEES) FROM AND AGAINST ALL LOSS, CLAIMS, DEMANDS AND CAUSES OF ACTION OF WHATEVER KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, ATTORNEYS’ FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY ANY PERSON(S) OR ENTITY(IES) ARISING FROM, IN CONNECTION WITH, OR RELATING TO, YOUR ACCESS AND USE OF THE WEBSITE, INCLUDING YOUR USE OF THE INFORMATION OBTAINED THROUGH THE WEBSITE. THE OBLIGATIONS TO RELEASE, DEFEND AND TO INDEMNIFY CONTAINED IN THIS SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, GROSS OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, CONTRACTUAL LIABILITIES OF THIRD PARTIES, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES, JOINTLY OR SEVERALLY. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM.

8. PRIVACY POLICIES
These Terms of Use include our Privacy Policy as contained on our website, which is incorporated fully herein.

9. UNSOLICITED MARKETING
9.1. Unsolicited Marketing – Peak Real Estate supports responsible e-commerce. Peak Real Estate does not authorize anyone to use the Service to broadcast, distribute, transmit or retransmit unsolicited commercial, non-commercial, bulk, or junk electronic mail, including email (“SPAM”).

9.2. Electronic Direct Marketing Programs –
Peak Real Estate may develop and participate in electronic direct marketing to users of the Website who elect to receive electronic mail of specific interest to them. In keeping with this Agreement, Peak Real Estate does not forward the names and addresses (electronic or otherwise) to third parties. Advertisers who participate in Peak Real Estate’s electronic direct marketing programs identify the category of users who would most likely be interested in their goods and services. Peak Real Estate then forwards the advertisements to users who have elected to receive that category of electronic mail. Users may elect to not receive similar electronic mail by requesting that their e-mail address be removed from the mailing list by selecting the appropriate option included with each e-mail advertisement sent by Peak Real Estate. In addition, users may elect to be removed from such lists at any time by sending a message to the System administrator at info@selltopeakrealestate.com.

9.3. Reporting SPAM – Users who receive SPAM or any threatening or offensive e-mail through the Services may report it to Peak Real Estate by forwarding the unedited message with the full message header to info@selltopeakrealestate.com.

9.4. Reservation of Rights – Peak Real Estate reserves the right to take all legal or technical steps that it deems necessary to prevent the broadcast, distribution, transmission, or retransmission over the Service of SPAM, junk e-mail, threatening or offensive e-mail, or e-mail otherwise determined by Peak Real Estate, in its sole discretion, to be objectionable. Peak Real Estate reserves the right to suspend or terminate any person or entity’s use of or access to the Service if it determines, in its sole and absolute discretion, that such person has used or intends to use the Service in violation of this policy. A failure of Peak Real Estate to exercise any right provided for herein shall not be deemed to be a waiver of such right.

10. MISCELLANEOUS

  • 10.1 Legal Jurisdiction: These terms are governed by Texas law. Any legal action must happen in Dallas County, Texas, within two years of the issue.

  • 10.2 No Transfers: You can’t transfer your rights or obligations without Peak Real Estate's approval.

  • 10.3 Severability: If any part of these terms is unenforceable, the rest still apply.

  • 10.4 Data Charges: You're responsible for any data or messaging charges from your internet or phone provider.

  • 10.5 Termination: Peak Real Estate can terminate your access at any time.

  • 10.6 Official Notices: Legal correspondence should be mailed to:
    Peak Real Estate LLC, 735 Hallowell Rd, Chelsea, ME 04330