Terms of Service
Official Page
1. Acceptance of Terms
By accessing or using the Peak Productivity Design website (“Services”), you agree to be bound by these Terms of Service (“Terms”) and all applicable laws. If you do not agree, do not use the Services. We reserve the right to update Terms at any time; continued use constitutes acceptance.
2. Service Definitions
- Consultation Services: Remote or in-person ergonomic assessment, design proposal, and implementation guidance.
- Digital Products: ErgoFlow Index™ reports, 3D renderings, and PDF guidelines (non-transferable license).
- Retail Links: Affiliate partnerships with Herman Miller, Steelcase, and Humanscale (commissions earned at no extra cost to you).
3. User Obligations
You agree to:
- Provide accurate information during consultation and account registration.
- Not use Services for any illegal, fraudulent, or harmful purpose.
- Not reverse engineer, decompile, or extract source code from our proprietary tools.
- Maintain confidentiality of login credentials and immediately report unauthorized use.
4. Intellectual Property
All content, including design methodologies (e.g., “desk-zone-clock”), software, and written materials, is owned by Peak Productivity Design or its licensors. You may not reproduce, distribute, or create derivative works without prior written consent. The ErgoFlow Index™ is a registered trademark of Peak Productivity Design, LLC.
5. Limitations of Liability
To the maximum extent permitted by law, Peak Productivity Design shall not be liable for any indirect, incidental, or consequential damages arising from use of the Services, including but not limited to ergonomic injuries, data loss, or business interruption. Our total liability in connection with any Services is limited to the amount paid by you in the preceding 12 months. This section does not exclude liability for death or personal injury caused by negligence or for fraud.
6. Disclaimer of Warranties
Services are provided “as is” without any warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Services will be uninterrupted, error-free, or achieve specific productivity outcomes.
7. Indemnification
You agree to indemnify and hold harmless Peak Productivity Design, its officers, employees, and affiliates from any claims, damages, or expenses (including legal fees) arising from your violation of these Terms or misuse of Services.
8. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, USA. Any disputes shall be resolved through binding arbitration administered by JAMS under its Comprehensive Arbitration Rules, with venue in San Francisco County. Class action waiver applies. In the event of a small claim (under $10,000), you may elect to resolve it in small claims court.
9. Termination
We may suspend or terminate your access immediately if you breach these Terms, with or without notice. Upon termination, your license to use digital products ceases, and we may delete your data after 30 days unless required to retain it by law.
10. Entire Agreement
These Terms constitute the entire agreement between you and Peak Productivity Design regarding the Services and supersede all prior agreements. If any provision is found unenforceable, the remainder shall continue in full force.