These Website Terms and Conditions ("Terms") govern your access to and use of foxpeaklearning.com and the content, information, materials, and resources made available through the website. The website is owned and operated by FoxPeak Learning LLC, a Colorado limited liability company ("FoxPeak Learning," "we," "us," or "our"). By accessing or using this website, you agree to these Terms. If you do not agree, please discontinue use of the website.
1. Purpose of the Website
The FoxPeak Learning website provides information about FoxPeak Learning, including training services, workshops, instructional design services, educational resources, and related business offerings. Website content is provided for general informational and educational purposes. Information on the website does not constitute a binding offer, contract, or guarantee that a particular service, workshop, schedule, price, or outcome will be available.
2. Services and Separate Client Agreements
Use of this website does not create a client, consulting, training, employment, partnership, fiduciary, or other professional relationship between you and FoxPeak Learning. Training engagements, consulting services, instructional design projects, workshops, or other paid services may be governed by a separate proposal, statement of work, Client Service Agreement, registration agreement, invoice, or other written agreement. If a separate executed agreement conflicts with these Website Terms, the separate agreement controls with respect to those services.
3. No Guarantee of Results
FoxPeak Learning provides practical education, training, instructional design, and related services intended to help participants develop knowledge and skills. Individual outcomes depend on circumstances outside the control of FoxPeak Learning. We do not guarantee employment, interviews, job offers, promotions, salary increases, business revenue, profitability, productivity improvements, professional certification, successful technology implementation, or any particular result from attending a workshop, using training materials, or relying on website information.
4. Age Requirement
This website and the services offered through it are intended only for individuals who are 18 years of age or older. By accessing or using the website, you represent that you are at least 18 years old. Individuals under 18 may not use the website or submit information through it.
5. Educational Information
Information provided on the website or through FoxPeak Learning educational content is intended for general educational purposes. Unless expressly stated otherwise in a separate professional engagement, FoxPeak Learning does not provide legal, tax, accounting, investment, medical, cybersecurity compliance, or other regulated professional advice through this website. You are responsible for obtaining appropriate professional advice when your circumstances require it.
6. Intellectual Property Ownership
Unless otherwise identified, the website and its original content are owned by or licensed to FoxPeak Learning and are protected by applicable copyright, trademark, and other intellectual property laws. Protected materials may include website copy, workshop descriptions, training curricula, course structures, instructor guides, participant guides and workbooks, exercises, activities, worksheets, handouts, presentations, original graphics and illustrations, templates, assessments, instructional examples, learning activities, training frameworks, videos or demonstrations, logos, branding, and other proprietary educational materials. The absence of a copyright symbol or other notice does not mean FoxPeak Learning has waived its rights.
7. Permitted Use
You may access and view publicly available portions of the website for lawful personal, informational, or legitimate business purposes. You do not obtain ownership rights in FoxPeak Learning content merely by accessing, viewing, downloading, or receiving it. Any license expressly granted by FoxPeak Learning is limited to the terms accompanying that material.
8. Prohibited Use of FoxPeak Materials
Except where expressly authorized in writing by FoxPeak Learning or permitted by applicable law, you may not copy or reproduce substantial portions of proprietary FoxPeak materials; republish, sell, resell, redistribute, or license those materials; remove copyright, trademark, attribution, or ownership notices; present FoxPeak Learning materials as your own; create substantially derivative commercial training materials; use proprietary materials to create or operate a competing training product or service; upload proprietary materials to public repositories for redistribution; or systematically extract substantial portions of website or training content.
9. Artificial Intelligence, Automated Systems, and Data Extraction
Unless expressly authorized in writing by FoxPeak Learning, users may not knowingly upload, provide, or submit FoxPeak Learning proprietary training materials to artificial intelligence systems, large language models, machine-learning systems, automated content-generation systems, or similar services for the purpose of reproducing, substantially adapting, translating, repackaging, redistributing, reselling, commercially exploiting, or creating derivative or competing training materials from those materials.
Users also may not use automated scraping, crawling, harvesting, extraction, data-mining, or similar technologies to systematically collect substantial portions of FoxPeak Learning website content for artificial intelligence training datasets, machine-learning datasets, commercial databases, automated content-generation systems, or competing products or services.
Nothing in this section is intended to prohibit uses expressly authorized by FoxPeak Learning or otherwise permitted by applicable law, including lawful fair use.
10. Trademarks and Branding
The FoxPeak Learning name, logo, associated branding, slogans, trade dress, and other brand identifiers may be protected under applicable trademark or unfair-competition laws. Nothing on this website grants permission to use FoxPeak Learning branding in a way that suggests sponsorship, affiliation, endorsement, partnership, or authorization when none exists.
11. Acceptable Website Use
You agree not to use the website for unlawful, fraudulent, abusive, or malicious purposes; to attempt unauthorized access to website systems; to interfere with website operation or security; to introduce malware or harmful code; to impersonate another person or organization; to submit intentionally false or misleading information; to harvest contact information for spam or unauthorized solicitation; to violate intellectual property or privacy rights; or to impose an unreasonable burden on website infrastructure.
12. User Devices and Technology
You are responsible for the devices, equipment, software, internet access, and other technology you use to access the website or participate in FoxPeak Learning training. Unless expressly agreed in writing as part of a separate service, FoxPeak Learning is not responsible for maintaining, repairing, configuring, securing, updating, or troubleshooting your personal or organizational devices or equipment. You are responsible for ensuring that your equipment meets any stated requirements for a workshop, training session, or service.
13. Account and Password Security
If FoxPeak Learning provides account-based or password-protected access to any website feature, resource, or service, you are responsible for maintaining the confidentiality and security of your password, login credentials, and account information and for activity occurring through your account. You should promptly notify FoxPeak Learning if you know or reasonably suspect that your account or credentials have been compromised or used without authorization. FoxPeak Learning may suspend, restrict, or disable access when it reasonably believes an account has been compromised, misused, used in violation of these Terms, or presents a security risk.
14. Third-Party Links and Services
The website may contain links to or integrations with third-party websites, applications, products, or services. A link to a third-party resource does not necessarily constitute an endorsement. FoxPeak Learning does not control and is not responsible for third-party content, accuracy, availability, security, products, services, privacy practices, terms, or business practices. Your use of third-party websites is governed by their respective terms and policies.
15. Website Accuracy
FoxPeak Learning makes reasonable efforts to provide useful and accurate information. However, website information may contain errors, omissions, outdated information, or typographical mistakes. Workshop descriptions, service offerings, availability, features, pricing, and other website information may be updated or changed without prior notice. FoxPeak Learning does not warrant that all website information will always be complete, current, or error-free.
16. Website Availability
FoxPeak Learning does not guarantee that the website will be available continuously or without interruption. Access may be interrupted because of maintenance, technical failures, hosting outages, security incidents, internet disruptions, or circumstances beyond our reasonable control. FoxPeak Learning may modify, suspend, or discontinue portions of the website when reasonably necessary.
17. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the website, website content, and resources made available through the website are provided on an "as is" and "as available" basis. FoxPeak Learning makes no warranty that the website will always be available; that website content will meet every user's particular needs; that all content will always be complete, current, secure, or error-free; that third-party links or services will remain available; or that use of website information, training materials, or resources will produce a particular result. Nothing in these Terms excludes warranties or protections that cannot legally be excluded.
18. Limitation of Liability
To the fullest extent permitted by applicable law, FoxPeak Learning and its owners, employees, contractors, representatives, and agents will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to use of, inability to use, or reliance on the website, website content, training materials, resources, or third-party services linked through the website. This includes, where permitted by law, loss of business opportunity, revenue, profits, data, or other economic loss; device or software problems; interruptions in internet or third-party services; and decisions made in reliance on website or educational information.
FoxPeak Learning is not responsible for loss, damage, or expense resulting from a user's failure to maintain, secure, update, back up, or properly operate the user's own devices, systems, accounts, data, or software.
Nothing in these Terms limits or excludes liability to the extent that such liability cannot legally be limited or excluded under applicable law.
19. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless FoxPeak Learning LLC and its owners, employees, contractors, representatives, and agents from and against third-party claims, liabilities, damages, judgments, losses, costs, and reasonable attorney's fees arising out of or relating to your unlawful or unauthorized use of the website; your material violation of these Terms; your infringement or violation of another person's intellectual property, privacy, or other legal rights; or content or information you knowingly submit through the website in violation of applicable law or the rights of another person. This obligation does not require you to indemnify FoxPeak Learning for liability that applicable law does not permit to be shifted to you.
20. Privacy
Use of personal information submitted through the website is governed by the FoxPeak Learning Privacy Policy. By submitting information through the website, you acknowledge that information will be handled as described in that policy.
21. Copyright Concerns
FoxPeak Learning respects the intellectual property rights of others. If you believe material appearing on the FoxPeak Learning website infringes intellectual property rights that you own or are authorized to enforce, contact chris@foxpeaklearning.com and identify the material at issue with sufficient information for FoxPeak Learning to evaluate the request.
22. Governing Law
These Terms are governed by and interpreted under the laws of the State of Colorado, without regard to conflict-of-law principles, except where applicable law requires otherwise.
23. Venue and Attorney's Fees
To the extent permitted by applicable law, legal proceedings arising out of or relating to these Website Terms or use of this website shall be brought in an appropriate state or federal court having jurisdiction in or over Arapahoe County, Colorado. The parties consent to the jurisdiction and venue of those courts to the extent permitted by law.
In any legal action or proceeding arising out of or relating to these Terms, the prevailing party may recover its reasonable attorney's fees and costs to the extent permitted by applicable law.
Nothing in this section eliminates rights or remedies that cannot lawfully be waived or restricted.
24. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary, and the remaining provisions will continue in effect to the fullest extent permitted by law.
25. No Waiver
Failure by FoxPeak Learning to enforce a provision of these Terms does not constitute a permanent waiver of that provision or any other right.
26. Changes to These Terms
FoxPeak Learning may revise these Terms periodically to reflect changes in its website, services, business practices, technology, or applicable legal requirements. Revised Terms become effective when posted on the website unless a later effective date is stated. The Last Updated date at the top of this page will be revised when changes are posted. Your continued use of the website after revised Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the website.
27. Contact Information
Questions concerning these Website Terms and Conditions may be directed to:
FoxPeak Learning LLC
165 S. Sable Blvd. R-13
Aurora, Colorado 80012
Email: chris@foxpeaklearning.com
Phone: 303-903-0731