Our terms of service and our privacy notice, on one page. Read them before you order.
Placing an order on peakplaysupply.com puts this agreement in force between you and Peak Play Supply (“we”, “us”). It binds you personally and, where you are ordering on behalf of an organisation, that organisation too. Read it before you order and keep a copy for your records. The Privacy Notice in Part 4 is part of it.
To order from us, or to hold membership with us, you must be able to enter a legally binding contract under applicable United States law. Minors may do neither, and minors may not use fee-based services except where this agreement says otherwise. Membership here means entering a purchase agreement with Peak Play Supply for one of the products listed on the site. Whenever you use the site you are also expected to keep to this agreement, to the policies it refers to, and to applicable United States law, regulation and rules.
Pressing the order button authorises a charge to your card, at the moment you order, for the items you selected. If you chose a subscription option you are enrolling in monthly recurring billing: you are charged now and again every 30 days until you cancel. Ahead of each recurring charge we send an electronic notification 5 to 7 days in advance, and after each successful charge we send a receipt. If the product is not right for you, or anything is unclear, reach customer service through the contact form or at [email protected].
Choosing a Subscribe & Save product means accepting the following alongside everything else on this page. By selecting one you confirm you have read and agree to these terms.
Not satisfied with your order? You have 30 days from the time of order to ask for a refund. Requests go through the refund request form or by email to [email protected]. The money is credited back to your bank account; how fast the processing bank moves determines when it lands, and up to 3-5 business days before it shows on your statement is normal. The refund policy and the return and cancellation policy carry the detail.
Delivery windows, the countries we ship to and the free-shipping threshold are set out on the shipping policy page; returns, exchanges and cancellations are set out on the return and cancellation policy page. Both pages form part of these terms. When you send an item back to us under an RMA, use a service with tracking, so that receipt can be confirmed and any credit due to you can be applied.
We try to keep what is published here complete and accurate, but typographical errors, pricing errors and other inaccuracies do occur. We take no responsibility for those errors and omissions, and we reserve the right to withdraw any offer stated on the site and to correct any error, inaccuracy or omission.
We reserve the right, without being obliged to use it, to report and prosecute credit card fraud, whether actual or suspected. At our discretion we may ask for further authorisation, such as telephone confirmation of an order. Where fraud is suspected we may cancel, delay or refuse to ship an order, or recall it from the shipper. During the order process we capture information including date, time and IP address, which is used to locate and identify people committing fraud. Where an order is suspected of being fraudulent we reserve the right, again without being obliged, to submit all records to law enforcement agencies and to the card company for investigation, with or without a subpoena, and to cooperate with the authorities in prosecuting offenders to the fullest extent of the law.
Subject to this agreement, you have a limited, non-exclusive right to use the content and materials on the site in the normal course of using it. Ownership of our intellectual property remains ours, and nothing here transfers any of it to you. Except where this agreement expressly allows it, you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense material or content from the site, and you may not attempt to reverse engineer the technology behind the services. Third-party intellectual property requires the express written permission of that third party unless the law permits otherwise.
In using the site and the services, you may not:
By posting, storing or transmitting content on or to this website you grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable right and licence to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense that content in any form, in every medium now known or later devised, anywhere in the world. You irrevocably waive any claim founded on moral rights or comparable theories.
We have no ability to control the nature of user-generated content offered through the site. Your interactions with other users, and anything you post, are your responsibility alone, and we are not liable for damage or harm arising from either. We reserve the right, without any obligation to use it, to monitor those interactions and to restrict access to or availability of material that we or another user may consider obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, including material that breaches this agreement.
Comments, feedback, suggestions, ideas and other submissions you disclose or offer to us in connection with your use of the site become our exclusive property. Making such a submission assigns to us all worldwide right, title and interest in every patent, copyright, trademark and other intellectual property right in it, and waives any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality or any other legal theory. At our cost you will execute any document needed to effect, record or perfect that assignment. We therefore own that right, title and interest exclusively and are not limited in any way in using it, commercially or otherwise. Do not send us comments if you do not wish to assign those rights. We are under no obligation to keep any comment confidential, to pay you or any third party for it, or to respond to it, and you remain solely responsible for what your comments contain.
All material on the site, including the logos, design, text, graphics, other files and the selection and arrangement of them, is either owned by us or is the property of our suppliers, licensors or other companies, and may not be used without permission. Peak Play Supply is a trade name we own; the related design marks and other trademarks on the site are ours, as are the page headers, custom graphics, button icons and scripts, which are our trademarks or trade dress. None of these may be used without our express written permission.
You may not deep link to parts of the site, nor frame, inline link or similarly display any of our property, the site included. Our logos and other trademarks may not be used as part of a link without express written permission.
peakplaysupply.com may carry links to other websites owned and operated by third parties. The information, products and services on those sites are not under our control. Including a link is not an endorsement of that site and implies no association with whoever operates it. Because we have no control over such sites and resources, you agree that we are not responsible or liable for their availability or operation, for any material on or obtainable from them, or for the protection of your data privacy by third parties. Any dealing with an advertiser on this website, or participation in a promotion they offer — payment, delivery of goods or services, and any other terms, conditions, warranties or representations attached to it — is solely between you and that advertiser or third party. You further agree that we are not responsible or liable, directly or indirectly, for loss or damage caused by use of or reliance on material available through any such site, dealing or promotion.
If you become aware of conduct that breaches this agreement, we encourage you to contact customer service. We reserve the right to respond to such reports, but we are under no obligation to do so.
We may terminate your access to the site where we reasonably believe you have breached any term of this agreement. After termination you may not use the site, and at our discretion we may cancel any outstanding product orders. Where access is terminated we reserve the right to use whatever means we consider necessary to prevent unauthorised access, including technological barriers, IP mapping and direct contact with your internet service provider. This agreement survives indefinitely unless and until we choose to terminate it, whether or not any account you opened is closed by you or by us, and whether or not you retain the right to access or use the site.
The site, the products and the services are provided on an “as is” and “as available” basis. We neither represent nor warrant that the products, the site, the services, their use or any information on them will be uninterrupted or secure, will be free of defects, inaccuracies or errors, will meet your requirements, or will operate in your configuration or with the other hardware or software you use. We make no warranties beyond those expressly given in this agreement, and we disclaim every implied warranty, including warranties of fitness for a particular purpose, merchantability and non-infringement.
The site may contain forward-looking statements reflecting our current expectation of future events and business development. Such statements carry risk and uncertainty. Actual developments or results may differ materially from what is projected, and depend on a number of factors, some of which lie outside our control.
Information on the site is provided for informational purposes only. It is not intended as a substitute for the advice of a doctor or other health care professional, and it should not be used to diagnose or treat a medical condition. Read all product instructions carefully before use.
Products are subject only to whatever warranties their respective manufacturers, distributors and suppliers provide in the product packaging, if any. To the fullest extent the law permits, we disclaim all other warranties of every kind, express or implied, including any implied warranty of merchantability, non-infringement or fitness for a particular purpose. Without limiting that, we expressly disclaim all liability for product defect or failure claims arising from normal wear, product misuse, abuse, modification, improper product selection, non-compliance with any code, or misappropriation.
We will not be liable to you or to any third party for consequential, incidental, indirect, punitive or special damages — including damages relating to lost profits, lost data or loss of goodwill — arising out of, relating to or connected with use of the site or the products, whatever the cause of action they are based on, and even where we were advised that such damages were possible.
Our aggregate liability arising from, relating to or connected with this agreement, including claims about the site or the products, will in no event exceed the greater of $100 or the amount you paid for the products.
Where a force majeure event prevents this website supplying the products, the website is not in breach of its obligations to you under these terms. A force majeure event means any event beyond the control of the website. To the extent a failure to perform under this agreement results from such an event, the website has no liability to you in contract, warranty, tort including negligence, or on any other basis.
You agree to defend and indemnify this website, its subsidiaries and affiliates, and their directors, officers, agents, members, shareholders, co-branders and other partners, employees and advertising partners, and to hold them harmless from any liability, loss, action, damage, claim or demand made by a third party, including reasonable attorneys’ fees, costs and expenses, that relates directly or indirectly to content you provide to the site or otherwise transmit or obtain through the service, your use of the service, your connection to the service, your breach of this agreement, your violation of anyone else’s rights, or your failure to perform your obligations under it. Where you owe that indemnity, we may in our sole and absolute discretion control how the claim is handled, at your sole cost and expense, and you may not settle, compromise or otherwise dispose of a claim without our consent.
All disputes arising out of or relating to this agreement — including its formation, its performance or an alleged breach — and all disputes about your use of the site, are resolved exclusively by confidential binding arbitration. The arbitrator’s award is binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent applicable law permits, no arbitration under this agreement will be joined with an arbitration involving any other party subject to it, whether by class arbitration or otherwise. Despite the foregoing, we retain the right to seek injunctive or other equitable relief in a state or federal court to enforce this agreement or to prevent infringement of a third party’s rights, and where equitable relief is sought each party irrevocably submits to the personal jurisdiction of that court.
By entering into this agreement you irrevocably waive any right to join your claims with those of other people in a class action or a similar procedural device. Any claim arising out of, relating to or connected with this agreement must be asserted individually.
Regardless of any statute or law to the contrary, you acknowledge and agree that any claim or cause of action arising out of, relating to or connected with your use of the site must be filed within one calendar year of the date it arises, or be barred for good.
We reserve the right to change or modify these terms at any time, and your continued use of the site is conditioned on the version in force at the time you use it. The most current version is always available on this page.
This agreement is the entire understanding between you and us about use of the site, and supersedes every prior and contemporaneous agreement and understanding on that subject. It binds each party and their successors and permitted assigns, and is governed by and construed in accordance with the laws applicable to it, without regard for conflict of law principles. Your rights and obligations under it are not assignable or transferable without our prior written consent. A failure or delay by either party in exercising a right, power or privilege does not waive it, and a single or partial exercise does not preclude any further exercise of it or of any other right, power or privilege. You act as an independent contractor, and no agency, partnership, joint venture or employer-employee relationship is intended or created. If a provision is invalid or unenforceable, the remaining provisions stay in full force and effect.
This notice governs your use of this website and any content, products or services made available from or through it, subdomains included. The website is made available by Peak Play Supply. By visiting it and requesting information, products or services, you accept this notice as amended from time to time. As the website, services and products are updated or expanded the notice may change, and a change takes effect when it is posted. Posting on this page is the only notice of change given, so keeping up with revisions is your responsibility. This notice is incorporated into, and forms part of, the terms above.
The website is intended for users located in the United States, and this notice is to be interpreted under the laws of the United States.
What follows describes the information collection, use and dissemination practices of the Company — meaning Peak Play Supply together with its parent, subsidiaries and registered d/b/a companies, and all related websites owned by or registered to it. It governs the Company’s right to collect, use, store and disclose information you provide on this website, on the Company’s other websites, on various third-party websites, and through the Company’s other information collection and distribution practices, including information acquired from or supplied to third parties. The Company is not responsible for the information collection or privacy practices of third-party websites or applications it does not own or control.
Where you give information to a third party and the Company later acquires or uses it, that information may include your name, email address, street address, post code, telephone numbers including cell numbers and carriers, birth date, gender, salary range, education, marital status, occupation, industry of employment, personal and online interests, and anything else you supplied to that third party. When acquiring it the Company seeks assurances from the third party that you agreed to provide it and to its acquisition. If you gave no express permission, or you want to withdraw it, write to [email protected] and all of your information will be suppressed.
The Company also obtains information from you when you claim a prize or seek to redeem an offer, from the Company or from a third party; when you ask the customer service department for assistance; and when you voluntarily subscribe to a Company service or newsletter.
Cookie and web beacon technology is currently used to associate certain internet-related information about you with the information about you held in the Company’s database, and other new and evolving sources of information may be used in future.
In certain instances the Company collects credit card numbers, bank account information and related information when an order is placed on its website. On submission that information is encrypted and protected with SSL encryption software. It is used to process and complete the transaction you requested, and is disclosed to third parties only as necessary to complete that purchase.
The Company will never knowingly collect personal information about a child under the age of 18. Should it obtain actual knowledge that it has, that information is deleted from its database immediately. As it does not collect such information, it holds none to use or to disclose to third parties.
The paragraphs below describe current practice; the Company may change or broaden its use at any time and may update this notice accordingly. Personal information may be used to provide promotional offers by email advertising, telephone marketing, direct mail marketing, mobile marketing, online banner advertising and package stuffers, among other uses.
Targeted advertising and profiles. Personal information may be used to target advertising to an individual. While a person is using the internet the Company uses technology information to associate them with their personal information, and attempts to show advertising for products and services in which they have expressed an interest in surveys, indicated an interest through technology information, or shown an interest otherwise. At its discretion the Company may target advertising by email, direct mail, telephone, cell phone and other means of communication. Technology information is also used to match a person’s personal information and third party list information to other categories of personal information in order to make and improve profiles, to track browsing habits on the internet, and to determine which areas of the Company’s websites are visited most frequently — all of which helps the Company understand online habits so it can target advertising and promotions. A profile may be created by combining survey information and third party list information with other sources of personal information, such as public databases.
Email and unsubscribing. Personal information is used to provide third party promotional offers by email, and the Company may maintain separate email lists for different purposes. To end a subscription to one list, follow the instructions at the end of each message; to leave all of the Company’s email lists, send an email to [email protected]. The unsubscribe process affects only future electronic mailings the Company disseminates on its own behalf: you may still receive mailings sent on behalf of third parties, and your personal information may still be shared with third parties for offline marketing and data appends, including email appends, unless you unsubscribe as described. Note too that unsubscribing from the Company’s mailings does not automatically unsubscribe you from third party business associates and licensees of the data. Because those associates and licensee partners keep databases separate from the Company’s, each source has to be unsubscribed from individually, which leaves you free to pick which subscriptions to keep and which to discontinue.
Email from third parties. You may receive commercial email sent by third parties about products that may interest you. In that case the advertiser’s name appears in the “From:” line and a method of unsubscribing from that advertiser appears at the bottom of the message. The Company is not responsible for third party email sent to you.
Solicited email only. The Company sends email only to individuals who agreed on the website to receive email from it, or who agreed on a third party website to receive email from third parties. It therefore sends no unsolicited email messages, and United States statutes requiring particular formatting for unsolicited email do not apply to its messages.
Wireless addresses. Where the email address you give the Company is a wireless address, you agree to receive messages there from the Company or its business associates, unless and until you elect not to by following the unsubscribe instructions in this notice. Your wireless carrier’s standard rates apply, and you represent that you own or are the authorised user of the device on which messages will be received and that you are authorised to approve the applicable charges.
Short message service. The Company may make available a service through which you receive messages on your wireless device by SMS. Data obtained in connection with it may include your name, address, cell phone number, your provider’s name, and the date, time and content of your messages. You represent that you are 18 years of age, that you own or are the authorised user of the device, and that you may approve the applicable charges. Beyond any fee you are notified of, your provider’s standard messaging rates apply to our confirmation and to all subsequent SMS correspondence, and all charges are billed by and payable to your mobile service provider. Delivery is subject to effective transmission by your network operator, so the Company is not liable for delays in receipt, and SMS message services are provided on an as-is basis. The Company may obtain the date, time and content of your messages in the course of your use of the service, and will use what it obtains in accordance with this notice. Where fees are charged to your wireless account invoice, we may provide your carrier with the applicable information. Your carrier and other service providers may also collect data about your device usage, governed by their own policies.
Because the SMS service is provided over wireless systems that use radios and other means to carry communications across complex networks, we do not guarantee that your use of it will be private or secure, and we are not liable to you for any lack of privacy or security you experience. Taking precautions and putting in place security measures suited to your situation and intended use is entirely your responsibility. We may also access the content of your account and of your wireless account with your carrier in order to identify and resolve technical problems and service-related complaints.
You may remove your information from the Company’s database. Once removed it is no longer used by the Company for secondary purposes, disclosed to third parties, or used by the Company or third parties to send you promotional correspondence. To remove it, send your request in writing by email to [email protected], or reply STOP, END or QUIT to an SMS text message you have received.
Public areas of the site. Where you contribute to a public area or feature — a chat room, bulletin board, list serve, blog, wiki or other open forum we may make available — what you submit is made available to the general public and is not treated as personal information for the purposes of this notice. For that reason we recommend you do not submit sensitive information such as your full name, home address, phone number, financial information, or anything else that would let other users locate you. Choose a username that does not disclose your personal identity.
Service providers. The Company may use third parties to help operate the website and deliver products and services, and may share personal information with affiliates, service providers and other third parties that provide products or services for or through the website or for the business — website and database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, fulfilment companies and similar providers acting on our behalf. Unless stated otherwise, those companies have no right to use the personal information we give them beyond what is needed to assist us. Where you conduct e-commerce with an affiliate or service provider the website links to, certain personal information such as your email and home address may be collected by that provider’s server and made available to us.
Aggregate statistics. The Company may disclose aggregate statistics about user behaviour, as a measure of interest in and use of the website and its email, to third parties in aggregate form, such as overall patterns or demographic reports that neither describe nor identify any individual user.
Legal process. The Company will use or disclose personal information in response to subpoenas, court orders, warrants or legal process, or to establish or exercise our legal rights, defend against legal claims, or where you violate or breach an agreement with the Company. It will also do so where we believe you will harm the property or rights of the Company, its owners, or the Company’s other customers. Finally, it will do so where we believe sharing is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to anyone’s physical safety, or violations of the Company’s acceptable use policy, or where the law otherwise requires it when responding to subpoenas, court orders and other legal processes.
Order fulfilment. The Company will transfer personal information to third parties where that is necessary to provide a product or service you order from that third party while using the Company’s websites, or when you respond to offers the Company provided.
Advertiser cookies and beacons. Advertising agencies, advertising networks and other companies that place advertisements on these websites and on the internet generally may use their own cookies, web beacons and other technology to collect information about individuals. The Company does not control that technology and has no responsibility for its use to gather information about you.
Links. The websites and email messages sometimes contain hypertext links to third party websites, and linked websites may in turn link to websites maintained by others. The Company is not responsible for the privacy practices or the content of those websites. Such links are provided for your convenience and reference only. The Company does not operate or control in any respect any information, software, product or service available on a third party website, and including a link implies no endorsement of the services, the site, its contents or its sponsoring organisation.
Personal information is stored in a database on the Company’s computers, which carry security measures such as a firewall and password protections to guard against loss, misuse and alteration of the information under the Company’s control. Notwithstanding those measures, the Company cannot guarantee that they will prevent its computers being accessed illegally and the personal information on them being stolen or altered.
To the extent you access the website while domiciled outside the United States, you acknowledge that the personal information you provide is collected and stored in the United States, and you consent to the transfer of that information out of the country in which you are domiciled and to its storage in the United States.
Any statements on this site or any materials or supplements distributed or sold by Peak Play Supply have not been evaluated by the Food and Drug Administration (FDA). This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions we suggest consulting with a physician before using any of our products. The results on all products are not typical and not everyone will experience these results.
Questions? Use contact us, cancel a subscription or request a refund. Email [email protected].