These Terms of Service (“Terms”)govern your access or use of the website located at https://www.peekmeds.com (the “Site”) and all related products, services, tools, mobile applications, web applications, and any other technology platforms or tools located at any Peek websites, including without limitation, successor website(s) or application(s)thereto (collectively, the “Services,” as more fully defined below in Section 3) made available by Peek HealthcareTechnologies, Inc. and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Peek”, “us”, “our” or “we”). The terms “you,”“your” or “user” refer to you, the user. If you are using the Services on behalf of a business, association, or other entity, “you” or “your” will also refer to such business, association, or other entity, unless the context clearly dictates otherwise. You agree that you are authorized to consent to these terms on behalf of such a business, association, or other entity, and we can rely on this. PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (a) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST PEEK ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (b) YOU WILL ONLY BE PERMITTED TOSEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (c) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
These Terms Set Forth a Legally Binding Agreement
Please read these Terms carefully before accessing or using ourServices. By using/ continuing to use our Services, you acknowledge you have read and understand and agree to be bound by the Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Please print a copy of this agreement for your records. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Eligibility to Use the Services
To use the Services you must be, and represent and warrant that you are, at least the age of majority in your state, province or jurisdiction of residence, or if you are under the age of majority in your state, province, or jurisdiction of residence, you represent and warrant that your parent or legal guardian has reviewed these Terms with you and accepts them on your behalf; parents or legal guardians are responsible for the activities of their minor dependents while using the Services. You warrant and represent that you (a)have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and (b) nothing contained in these Terms orin the performance of such obligations will place you in breach of any other contractor obligation.
Privacy Policy
By accessing or using theServices, you confirm your agreement to be bound by these Terms, including the information set forth in our privacy policy, located here.To the extent you are accessing or using the Services on behalf of an entity you represent you are authorized(and will be deemed to have received authorization from) the entity to agree to all of the terms set forth herein on behalf of such entity. Supplemental terms may apply to certainServices, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s).Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
If you do not agree with theseTerms, do not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Peek may immediately terminate these Terms or any Services with respect to you or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason, except where prohibited.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH IN SECTION 2 BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH PEEK ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. If your use of the Services is terminated for any reason, then: (a) these Terms will continue to apply and be binding upon you in respect of your prior use of theServices (and any unauthorized further use of the Services), including your indemnification obligations; and (b) any rights or licenses granted to us under these Terms will survive such termination.
Peek may change these Terms in the future, so we encourage you to review periodically the Terms applicable to each Service you use. The most current version of the applicable Terms (along with their effective date) will be posted on each of the Services. Changes to these Terms will be effective immediately, and notice may be given by posting the updated Terms on our Services or by email. If you continue to use the Services after we change these Terms, you accept all changes.
Peek’s collection and use of personal information in connection with the Services is described in Peek’s Privacy Policy located here.
By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against Peek on an individual basis in arbitration, as set forth in this ArbitrationAgreement. YOU AND PEEK AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This will preclude you from bringing any class, collective, or representative action against Peek and preclude you from participating in or recovering relief under any current or future class, collective or representative action brought against Peek by someone else. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Agreement to BindingArbitration Between You and Peek (the“Arbitration Agreement”).
You and Peek agree that any dispute, claim or controversy arising out of or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled through the dispute resolution process set forth herein, which includes binding arbitration between you and Peek, and not in a court of law.
This dispute resolution process and the Arbitration Agreement contained herein is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory; claims that arose before this or any prior Terms (including, but not limited to, claims relating to advertising); claims for mental or emotional distress or injury not arising out of physical bodily injury; claims that are currently the subject of purported class action litigation in which you are nota member of a certified class; and claims that may arise after the termination of the Terms or your use of any of the Services.
In accordance with the above, if you are a natural person (a “Consumer”) then the arbitration process outlined in Section 2.1, “Consumer Arbitration Agreement,” shall apply to the dispute between you and Peek. If you area legally recognized organization such as a corporation, LLC, partnership, or any other organization that engages in commercial, industrial, or other professional activities with the aim of earning profits (a “Business Entity”) then the arbitration process outlined in Section 2.2, “Business Arbitration Agreement,” shall apply to the dispute between you and Peek. For the avoidance of doubt, a natural person or entity accessing or using the Services for a Business Entity represents they have been authorized (and will be deemed to have received authorization from)the Business Entity to act on their behalf and any ensuing dispute will therefore be subject to the Business Arbitration Agreement.
Both parties further acknowledge and agree to waive any right to trial by jury. Both parties agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Peek are each waiving the right to a trial by jury or to participate in a class action. For the avoidance of doubt, the scope of arbitration includes federal and state statutory and common law claims, including under the consumer protection laws and principles. You and Peek agree that any arbitration between you and us will be subject to this Section 2 and not to any prior arbitration agreement you had with Peek. This Section 2 shall survive termination of these Terms, or your use of any of theServices.
EXCEPT AS SET FORTH BELOW YOU AND PEEK ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE BASIS, OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS CLAIMS AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF), UNLESS BOTH YOU AND PEEK OTHERWISE AGREE IN WRITING. THE ARBITRATOR MAY NOT PRESIDE OVER ANY FORM OF ANY CLASS,JOINT, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING.
This Class Action and Collective Relief Waiver are an essential part of this “Dispute Resolution”section, and if it is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Peek may arbitrate such claim or dispute. Notwithstanding the foregoing, if a court or arbitrator determines that this is not enforceable as to a particular claim or request for relief, and all appeals from that decision (to the extent applicable in the Consumer Arbitration Agreement context) have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or Peek from participating in a class-wide settlement of claims.
Notwithstanding the foregoing, you and Peek each retain the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.
If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The other portions of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.
If a dispute arises, Peek is committed to working with you to reach a reasonable resolution. For any issue or dispute that arises between you and Peek, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This includes first sending a written notice of dispute (“Mandatory Pre-Arbitration Notice”). A Mandatory Pre-Arbitration Notice from you to Peek must (1) be sent by certified mail, with a copy to support@peekmeds.com with the subject line “User Dispute”; (2) be addressed to: 300 Avenue of theChampions Suite 222, Palm Beach Gardens, FL 33418, Attn: Legal Department(“Notice Address”); (3) contain your name, address, and email address; (4) describe the nature and basis of your claim; (5) include any relevant facts regarding your use of the Services, including without limitation the product orService to which your dispute pertains (a free Peek account, a Peek PlusMembership, etc.), the date(s) of any disputed charges, the date(s) of your interaction with each relevant Service; (6) specify the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation of them; and (7) include a personally signed statement from you (and not your counsel) verifying the accuracy of the contents of the Mandatory Pre-Arbitration Notice. The Mandatory Pre-Arbitration Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute.
After receipt of a completed Mandatory Pre-Arbitration Notice at the Notice Address, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Mandatory Pre-Arbitration Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Mandatory Pre-Arbitration Notice within 60 days after the completed Mandatory Pre-Arbitration Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).
Compliance with this Mandatory Informal Consumer Dispute Resolution Process set forth in Section 2.1.A is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in Mandatory Informal Consumer Dispute Resolution Process set forth in this Section 2.1.A. All the requirements of the Mandatory Informal Consumer Dispute Resolution Process are essential so that you and we have a meaningful opportunity to resolve disputes informally.If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Informal Consumer Dispute Resolution Process. If the arbitration is already pending prior to the completion of the Mandatory Informal Consumer Dispute Resolution Process, the arbitration shall be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with the Mandatory Informal Consumer Dispute Resolution Process in arbitration.
Arbitration between Peek and a Consumer shall be governed by applicable rules of National Arbitration & Mediation (“NAM”) (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) (“NAM Rules”), as modified by this Section 2.1 (the “Consumer Arbitration Agreement”), and will be administered by NAM. (If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5.) The NAMRules are available online at www.NAMADR.com, by calling NAM, or by requesting them in writing at theNotice Address. You may obtain a form to initiate arbitration at: https://www.namadr.com/content/uploads/2020/09/Comprehensive-Demand-for-Arb-revised-9.18.19.pdf or by contacting NAM.
You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Consumer Dispute Resolution Procedure requirements referenced in Section 2.1.A and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration(and their counsel, if represented).
All issues, including the scope and enforceability of this Consumer Arbitration Agreement, are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision is binding only between you and us and will not have any preclusive effect on another arbitration or proceeding that involves a different party. An arbitrator award that has been fully satisfied shall not be entered in any court.
As in court, you and we agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriately represented parties and counsel.
Except as expressly provided in this Consumer Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law. If after exhausting any potentially available fee waivers, the arbitrator finds that the arbitration fees will be prohibitive for you as compared to litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or brought for an improper purpose or asserted in bad faith. You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM to address the reduction or deferral of fees.
In circumstances in which the NAM Rules provide for an in-person hearing, such hearing will take place in theU.S. County (or parish) of your residence, or otherwise in Los Angeles, California. If the Mass Filing process described in Section 2.1.E is triggered, then the location of any hearing will be determined by the arbitrator.
The parties shall each be limited to a maximum of one (1) fact witness deposition per side, unless the arbitrator determines that more depositions are warranted based on the totality of circumstances, including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery. Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as “all documents directly or indirectly related to”; and shall not be encumbered with extensive “definitions” or “instructions.” The Arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.
Electronic discovery, if any, shall be limited as follows. Absent a showing of compelling need: (i) electronic documents shall only be produced from sources used in the ordinary course of business, and not from backup servers, tapes or other media; (ii) the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format that is usable by the requesting party and convenient and economical for the producing party; (iii) the parties need not produce metadata, with the exception of header fields for email correspondence; (iv) the description of custodians from whom electronic documents may be collected should be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute; and (v) where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator may either deny such requests or order disclosure on the condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award.
Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
In any arbitration between you and us, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted.The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award is issued in the other party’s favor and is less than the defending party’s settlement offers or if the award is in the defending party’s favor, the other party must pay the defending party’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the claim may be entitled for the cause of action under which it is suing.
If, at any time, 25 or more claimants (including you) submit Mandatory Pre-Arbitration Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities, consistent with the definition and criteria of Mass Filings (“Mass Filing”) set forth in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), you and we agree that the additional procedures set forth below shall apply. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the needs of the Mass Filing. The parties acknowledge and agree that electing to participate in a Mass Filing, the adjudication of their dispute might be delayed. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Consumer Dispute Resolution Procedures are initiated, so long as the Mandatory Pre-Arbitration Notice complies with the requirements in Section 2.1.A, until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
Stage One: Counsel for the claimants and counsel for Peek shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge, and Peek shall pay the mediator’s fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Peek shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations aspart of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge, and Peek shall pay the mediator’s fee.
Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Peek shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations aspart of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.
If your claim is not resolved as part of the staged process identified above, either:
Option One: You and Peek may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with these Terms. You may opt out of arbitration by sending Peek your individual, personally signed notice of your intention to opt out by certified mail addressed to Peek Healthcare Technologies, Inc., 300 Avenue of the ChampionsSuite 222, Palm Beach Gardens, FL 33418, Attn: Legal Department, with a copy to support@peekmeds.com. Such an opt out notice must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. Peek may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree to adjust these deadlines.
OR
Option Two: If neither you nor Peek elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings asset forth below. Assuming the number of remaining claims exceeds 20, then 20 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 20, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 20 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as that term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim shall proceed in a court of competent jurisdiction consistent with these Terms.
You and Peek agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and Peek acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that the application of these Mass Filing procedures has been reasonably designed to result in an efficient and fair adjudication of such cases.
Arbitration between Peek and aBusiness Entity shall be governed by applicable rules of JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Section 2.2 (the “Business Arbitration Agreement”), and will be administered by JAMS. The JAMS Rules and forms to initiate arbitration are available online at www.jamsadr.com.
All issues, including the scope and enforceability of this Business Arbitration Agreement, are for the arbitrator to decide. An arbitrator award that has been fully satisfied shall not be entered in any court. The parties hereby agree that the arbitrator’s award and/or decisions in an arbitration under this Section 2.2 are final and not appealable, such that the parties may not seek correction, modification, vacatur, reconsideration, or otherwise challenge an arbitrator’s award and/or decision.
As in court, you and we agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements ofFederal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the JAMS Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.
Except as expressly provided in this Business Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law, provided that the arbitrator is not empowered to award punitive or exemplary damages. In accordance with the Business Arbitration Agreement, each party hereby waives any right to seek or recover punitive or exemplary damages with respect to any dispute resolved by arbitration.
Unless otherwise provided bylaw, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
The payment of arbitration fees (including the fees imposed by the arbitration administrator such as filing, arbitrator, and hearing fees) will be governed by the applicable JAMS Rules.
In circumstances in which the JAMS Rules provide an in-person hearing, such a hearing will take place in New York, New York. With the exception of the application of the U.S. Federal Arbitration Act as described above, this Section 2.2 shall be governed and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.
The parties shall engage in written discovery, document productions, and depositions that are proportionate to the needs of the case. In no event shall there be any interrogatories or requests for admission.
The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or as may be necessary in connection with a court application for a preliminary remedy, or unless otherwise required by law or judicial decision.
The terms of this Business Arbitration Agreement may be modified if both parties agree to such modification in writing.
A. Intellectual Property Ownership. All content on the Services (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation) (collectively, the “Content”), is owned by Peek, our content providers, or our licensors (as applicable), and may be protected by copyright, trademark, and other applicable laws.
Your access to and use of the Services does not grant you any license or right to use any copyrighted materials, or any trademark, logo, or service mark displayed on the Services. Peek, our content providers, or our licensors (as applicable) retain full and complete title to and reserve all rights in the material on the Services, including all associated intellectual property rights. Peek neither warrants nor represents that your use of materials on theServices will not infringe the rights of third parties.
You may access the Services only for your permitted use under theseTerms, and you may not modify or delete any copyright, trademark, or other proprietary notice relating to any material you access. You agree not to display or use the Peek marks without Peek's advance written permission in any manner.
All software used on the Services is the property of Peek or our licensors and protected by United States and international copyright laws, and subject to separate license terms, in which case those license terms will govern such software. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express written permission by us.
All rights not expressly granted herein are reserved by Peek, our affiliates, and licensors. You agree to abide by all additional restrictions displayed on the Services as they may be updated from time to time.
B. Feedback. By sending us any feedback, comments, questions, ideas, proposals, or suggestions concerning Peek or any of our Services whether online, by email, by postal mail, or otherwise(collectively, “Feedback”), you represent and warrant (i) that you have the right to disclose the Feedback, (ii) that the Feedback does not violate the rights of any other person or entity, including, but not limited to, intellectual property rights, such as infringing a copyright, trademark, or patent; violating a right of privacy, attribution or withdrawal; or otherwise misappropriating a trade secret, and (iii) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (1) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (2) acknowledge that we may have something similar to the Feedback already under consideration or in development, and (3) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license, under all intellectual property rights, to use, make, have made, incorporate into our Services, modify, copy, display, perform, distribute, prepare derivative works, publish, distribute, and sublicense the Feedback, without any credit or compensation to you. ThisFeedback section shall survive any termination of your account or any aspect of the Services.
C. Third-Party Websites. Certain content, products, and services available via the Services may include materials from third-parties or provide you with access to third-party tools, products, and resources over which we neither monitor nor have any control nor input. Further, third-party links on our Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, or for any other materials, products, or services of third parties. The views expressed in third-party materials, websites, resources, products, or services are those of such third-party, and do not necessarily reflect our views.
You acknowledge and agree that we provide access to such materials, products, websites, tools, and resources “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We do not warrant and will not have any liability or responsibility arising from or relating to third-party materials, websites, tools, products, and resources. Any use by you of third-party materials, tools, products, services, and resources offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such items are provided by the relevant third-party provider(s).
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. You may not use third-party content without that third-party’s permission, or as otherwise allowed by law. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third-party.
D. Errors, Inaccuracies and Omissions. Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to Services’ descriptions, pricing, promotions, offers. We reserve the right, without prior notice, to (i) correct any errors, inaccuracies, or omissions, and (ii) change or update information or cancel orders, if any information in the Services or on any related website is inaccurate at any time(including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.
E. Statistical Information. We may derive and compile, either manually or automatically, anonymized and aggregated data related to the performance, operation, and use of the Services (“Statistical Information”) including by you, and use such Statistical Information for our business purposes, including for operations management, for research and development, and for sharing with relevant parties. We own the rights to and to such Statistical Information.
Prescription pricing information.
Peek offers prescription discounts and coupons, and prescription pricing information that is free to access through your employer or available as an individual. You do have to have an account to use any of Peek's Services, you may cancel your account at anytime by logging into Peek, visiting your account settings, selecting "My Profile" and selecting "Delete account." We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis, at our sole discretion. All descriptions of Services are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Service at any time. Any offer for any Service is void where prohibited.
Peek’s prescription cash discounts and coupons are not insurance. Peek prescription discounts and coupons can be used instead of, but not in conjunction with insurance. Peek prescription cash discounts and coupons are not intended as a substitute for health insurance. The range of discounts will vary depending on the prescription drug and the participating pharmacy. You are required to pay for all prescription drugs at the time of purchase. Peek does not make payments to any pharmacy or health care provider. PEEK PRESCRIPTION DISCOUNTS AND COUPONS DO NOT MEET MINIMUM CREDITABLE COVERAGE REQUIREMENTS UNDER STATE HEALTHCARE COVERAGE REGULATIONS.
Please note that cash payments that you make for medications using Peek prescription discounts and coupons may not count toward your prescription drug coverage out of pocket costs, but you can confirm that by contacting your coverage provider. If you are a Medicare Part D beneficiary, then cash payments made using Peek prescription discounts and coupons will not count toward your Medicare Part D cost-sharing obligation. Peek cannot be combined with federal or state-funded programs like Medicare orMedicaid. Additional terms may restrict Medicare Part D recipients from using certain discounts and coupons.
Peek prescription discounts, coupons and prices shown are based on multiple sources, including published price lists, purchases, claims records, and data provided by pharmacies and other contracted third-parties. Peek prescription discounts, coupons and prices may change at any time. The prices we show are a best estimate; while we believe our data to be generally accurate, we cannot guarantee that the price we display will exactly match the price you receive at the participating pharmacy. For an exact price, please contact the participating pharmacy. Peek prescription discounts, coupons and prices may change at any time.
For Rhode Island Residents
Your Membership
In order to participate in the Services, you must first register for an account with Peek (your “Account”) in accordance with Peek’s Terms of Use. You must then complete the registration process necessary to become a Member by following the instructions set forth in the Peek application and providing certain information to Peek (“RegistrationData”), such as a payment method (“Payment Method”) and any other information requested by Peek (which may include, but is not limited to, your name, email address, date of birth, mailing address, and pharmacy), which you may edit through the Services under “Account”. You agree that you will maintain and update this information as required in order to keep it current, complete, and accurate. You further agree that Peek may contact you regarding your Account via the email address you provide at any time, which includes but is not limited to email communications regarding the status of your Account and your Payment Method.
You also grant us the right to disclose to third parties certain Registration Data about you for the purpose of administering the program. Peek’s collection and use of personally identifiable information in connection with the Services is governed by Peek’s Privacy Policy, which is incorporated into these Terms by reference.
You agree to fully, accurately, and truthfully create your Peek Account when providing the Registration Data. Your Peek Account and credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Peek Account or credentials, and for all activities that occur under such Peek Account or credentials. You agree to prohibit anyone else from using your Peek Account or credentials and agree to immediately notify Peek of any actual or suspected unauthorized use of your Peek Account or credentials or other security concerns of which you become aware. You must be at least 18 years of age to become a Member.
Free trial eligibility is determined by Peek at its sole discretion. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are ineligible for a free trial offer. We may use information such as device ID, method of payment, or an account email address used with an existing or recent Peek membership to determine eligibility. For combinations with other offers, restrictions may apply. To view more details about your membership, visit our website and click the “My Profile” link. You may also open the mobile application, log in, and tap on “My Profile”.
Peek may change the price of your Membership from time to time and will communicate any price changes to you via the email associated with your Membership in advance of any price increase, and if applicable, how to accept those changes. Price changes will take effect at the start of the next Membership Cycle following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect.
Use of the Services
Access to Information
Information about your Prescriptions. Most prescriptions purchased in the United States, including prescriptions filled through the use of discount coupons, direct programs, loyalty cards, or insurance copays, result in the pharmacy reporting patient data back to the company that provides the benefit (“Claims Data”). Peek uses and stores this Claims Data linked to the information you provide when using the Services (including, without limitation, your name, email address, prescription names, and your address) to provide you with targeted coupons and discounts on prescriptions through your Account.
If you cancel your Membership, you may request that we delete your Claims Data by submitting a request via email to support@peekmeds.com.
Restrictions on Use
As a Member, you agree not to use the Services in a way that is, in Peek’s sole discretion, harmful to others (including minors) in any way or violates any applicable law, regulation, obligation, or other similar restrictions imposed by a government entity. You also agree not to violate any community requirements periodically posted by Peek, remove any copyright, trademark, or other proprietary notices from any portion of the Services (including any discount coupons or other Member-only content sent to you), cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of theServices, or attempt to gain unauthorized access to, or impair any aspect of the Services, or its related systems or networks (or to other computer systems or networks connected to, or used together with the Services), whether through password mining or any other means. You shall promptly notify Peek if you learn of any security breach related to the Services.
You agree that any prescriptions or pharmaceutical products that you acquire or obtain through theServices will be solely for your (or your family members or dependents, as applicable to whom the prescription is written for) personal use. Peek may cancel, suspend, or terminate your access to the Services at any time, and for any reason, including any violation of these Terms.
No Medical Advice by Peek
In the future, Peek may offer telehealth as part of the Membership. The Providers who provide telehealth visits as part of the Membership are independent of Peek and are merely using the Services as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from Peek. Your interactions with the Providers via the Services are not intended to take the place of your relationship with your regular healthcare practitioners or primary care physician. Neither Peek, nor any of its subsidiaries or affiliates, or any third party who may promote the Services or provide a link to the Services, shall be liable for any professional advice obtained from a Provider via the Services, nor any information obtained through the Services. Peek does not recommend or endorse any specific Providers, tests, practitioners, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Services is solely at your own risk and you assume full responsibility for all risks associated therewith.
Peek does not make any representations or warranties about the training or skill of any Providers who deliver services via the Services. You will be provided with an available Provider based solely on the information you submit to the Services. You are ultimately responsible for deciding to accept the services of your particular Provider.
The content of the Services, including, without limitation, any text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Peek. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Peek, or in connection with any communications supported by Peek, is intended to be for general informational purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While Peek facilitates your selection of, and communications withProviders through Peek, Peek does not provide medical services, and the provider-patient relationship is between you and the Provider.
All other content available through the Services is for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of theServices.
Peek does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned on the Services. Reliance on any information provided by Peek, Peek employees or others is solely at your own risk.
Fees and Payments
Peek Meds Marketplace is currently free to use and allows users to compare prescription cash prices. Some legacy membership or payment terms in this document apply only to potential future paid offerings and do not apply today.
By starting your Membership, you authorize Peek to charge your Payment Method a membership fee (if applicable) at the then current rate, which may change from time to time (the “Membership Fee”), on the first day of each Membership Cycle until yourMembership is canceled, placed on hold, or terminated. Peek reserves the right to change the timing of its billing, provided that Peek will adjust the amount it bills in accordance with any such change.
If Peek does not receive the Membership Fee from you when required, Peek may terminate your access to the Services. All fees are non-refundable, unless otherwise provided in these Terms. As between you and Peek, Peek reserves the right to revise any fees at any time in Peek’s sole discretion.
If a Membership Fee is not successfully settled, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, including in the event you attempt to create a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Services or any portion thereof.
When applicable, Peek will bill the Membership Fee to you through a third-party provider (Payment Processors), which shall be governed by the third-party provider’s terms of service and privacy policy, which shall be incorporated herein by reference when available. By initiating aTransaction, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All fees and applicable taxes, if any, are payable in United States dollars. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
The third-party provider alone collects and manages your payment information, including, without limitation, any credit card numbers; Peek does not store or have access to any of your payment information. You may have the option of establishing a payment account with the third-party provider to facilitate recurring payments, which would then be subject to separate terms and conditions.
Identity Verification
Peek reserves the right, in its sole discretion, to take steps to verify your identity in connection with your Transaction. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
Transaction Cancellation;Verification
Peek reserves the right to not process or to cancel your Transaction in certain circumstances, for example, if your credit card is declined, if we suspect the request or Transaction is fraudulent, or in other circumstances Peek deems appropriate in its sole discretion. Peek will either not charge you or refund the charges forTransactions that we do not process or cancel.
Fee Disputes
If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Peek.
Chargebacks
We may institute a chargeback policy as we deem appropriate in the event that you or your bank does not honor a payment obligation or if our Payment Processors question our ability to collect funds from you. As part of such chargeback policy, we may in our sole discretion suspend, terminate, or otherwise limit your ability to use the Services or otherwise take any action we or our Payment Processors deem necessary.
Changes to Price Terms forSubscriptions
Peek reserves the right to change its pricing terms for Subscriptions at any time, in which case Peek will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you and/or the general public. If you do not agree with the changes to Peek’s pricing, you may choose not to renew your Membership in accordance with the section “Cancellation of Membership.”
Cancellation of Membership
Your Peek membership starts on the date that you sign up for a membership and provide us with your payment method (if applicable). You will be charged for your Membership starting on the date of your membership, unless you have a free trial period (as specified during your sign-up for the membership) or a membership fee is not required. After your free trial period ends (if any), your monthly Membership will automatically renew and continue for a one (1) year period (each, a “MembershipCycle”) unless and until you cancel your Membership or Peek terminates it. For example, if your membership starts on May 12, and your trial period ends on June 12, your membership will automatically renew for an additional Membership Cycle on June 12 unless you cancel prior to June 12, or Peek terminates your Membership. Unless you have a discounted or not required Membership Fee, you will be charged for the Individual Membership for each annual Membership Cycle prior to or at the beginning of each Membership Cycle. You will be charged to the credit card number you provided.
You can cancel your annualMembership at any time. To avoid charges associated with the next Membership Cycle, cancel at least one (1) day prior to your Membership Cycle renewal date.If you cancel your Membership within the first thirty (30) days of yourMembership, you will receive a full refund of any fees paid. Amounts paid for medications and prescriptions are not refundable. If you cancel your Membership at least one (1) day before the next Membership Fee is due, your Membership and access to the Services will terminate on the day your next Membership Fee is due. Otherwise, Peek will bill you for an additional Membership Fee, and your Membership and access to the Services shall expire one year after your last paid Membership Fee for annual Membership Cycles. If you need to update your billing details associated with your account at any time.
Future Functionality
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Peek regarding future functionality or features.
Messaging Services
As part of Peek, Peek may send pricing information and coupons via communications, including, but not limited to, email and text messaging. By becoming a Member of Peek, you are consenting to be contacted with prescription-related information. You acknowledge that there may be some risk that the information in the communication(s) could be read by a third party.
Miscellaneous
Any cause of action brought by you against us, or our Affiliates for the Services must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms.
You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this Services, or use of or access to this Services.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental actor regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Please contact us at support@peekmeds.com with any questions regarding these Terms.
Promotional Offers and Credits
Peek, at its sole discretion, may make promotional offers with different rates to certain users of theServices. These promotional offers are subject to these Terms, and such offers may be valid only for certain users as indicated in the written offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public, unless expressly permitted by Peek in writing; (iii) are subject to any additional specific terms that Peek establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer. Peek reserves the right to modify or cancel an offer at any time. Peek reserves the right to withhold or deduct credits or benefits obtained through a promotional offer in the event Peek determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of these Terms. Any credit issued by Peek is valid for any period of time that Peek sets, to the extent prohibited under applicable law, and may not be redeemed for cash or cash equivalent. Expired credits are no longer redeemable and cannot be used towards any purchase or for any other purpose.
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
Purchases.
You can make purchases via certain Services. We accept credit cards and debit cards issued by U.S. banks.If a credit card account or debit card account is being used for a transaction, we may obtain pre-approval for an amount up to the amount of the payment. By enrolling in such services, you authorize us to charge the credit card or debit card associated with your Account on a recurring basis for the applicable amount of the recurring product and/or service until you cancel the applicable services through your Account. You may cancel the applicable services at anytime. If you want to designate a different credit card or debit card or if there is a change in your credit card or debit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You agree not to use theServices in a way that is, in Peek’s discretion, harmful to minors in any way or violates any applicable law, regulation, obligation or other similar restrictions imposed by a government. You also agree not to violate any community requirements posted by Peek from time to time, remove any copyright, trademark or other proprietary notices from any portion of the Services (including any discount coupons or other content sent to you), cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means. You shall promptly notify Peek if you learn of any security breach related to the Services.
You agree that any prescriptions or pharmaceutical products that you acquire or obtain through the Services will be solely for your (or your family members or dependents, as applicable to whom the prescription is written for) personal use. Peek may cancel, suspend, or terminate your access to the Services at any time and for any reason, including any violation of these Terms.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging on to a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Services or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Services, deep-link to any feature or content on the Services, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Services or any activity being conducted on this Services.
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit Peek Services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet.
Your Account or access to Services may be terminated for any of the above infractions.
The contents of the Services are for informational purposes only. The content does not provide medical advice and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health professionals or providers with any questions you may have regarding a medical condition or medicine. Never disregard professional medical advice or delay in seeking it because of the Services.
Peek does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned in relation to the Services. Reliance on any information provided by Peek or the Services is solely at your own risk.
You may have access to medical professionals through Telehealth Services or through third party services referenced or listed by the Services.
With respect to Telehealth Services, Peek does not provide medical advice or care.
The Services also provide information about links to services with which you may provide you with online visits for many popular health conditions, which visits may include medical advice from medical professionals who are able to prescribe medication. To the extent you wish to use the service, you are receiving advice and prescriptions from third parties and not Peek. Any advice or services you receive will be subject to additional terms you will agree to from such third parties.
The content of the Services (including the Telehealth Services ), including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, counseling, diagnosis, treatment, the practice of medicine including but not limited to psychiatry, psychology or psychotherapy, the creation of a physician-patient or clinical relationship or recommendations of any kind by Peek. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions, or any other matter related to your health or general well-being. All information provided by Peek, or in connection with any communications supported by Peek, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.
The inclusion of information and links related to any third-party telehealth provider in the Services is for informational purposes only. Peek is not arranging for any referral to, or making any recommendation of, or referral to, any particular telehealth provider. The inclusion of any telehealth provider’s information or links in the Services does not constitute an endorsement or recommendation by Peek. It is your responsibility to select a telehealth provider of your choice, if any, based on your own research and due diligence. Peek does not credential or certify healthcare practitioners. You are completely free to choose any telehealth provider referenced by the Services, to choose your own telehealth provider not referenced by the Services, or to have an exam performed by an in-person provider.
If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADEAT ANY TIME WITHOUT NOTICE TO YOU. TO THE EXTENT PERMITTED BY APPLICABLE LAW,PEEK AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS,SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES,CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
THE SERVICES ARE PROVIDED ON AN“AS IS.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, PEEK AND ITS AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE CONTENT OF ANY THIRD-PARTY WEBSITES OR SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS LINKED TO OR INTEGRATED WITH OUR SERVICES. PEEK DOES NOT REPRESENT OR WARRANT THAT (i) YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) ANY ERRORS IN THE SERVICE WILL BE CORRECTED, (iii) THE QUALITY OF THE SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, (iv) THE SERVICES WILL BE FREE OF ANY WORMS OR VIRUSES OR ANY CODE OF A MALICIOUS AND/OR DESTRUCTIVE NATURE, (v) THE RESULTS THAT MAY BE OBTAINED FROM THE USEOF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (vi) YOUR USE OF THE SERVICES WILL RESULT IN ANY BUSINESS RELATED IMPROVEMENTS OR OUTCOMES. YOU (AND NOT PEEK) ASSUME THE ENTURE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
PEEK AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (i) ERRORS, MISTAKES OR INACCURACIES OF CONTENT;(ii) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OFTHE SERVICES OR CONSUMPTION OF ANY CONTENT; (iii ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS FOR OF ANY PERSONAL INFORMATION OR USER DATA; (iv) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (v) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WITH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES; (vi) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SERVICES; OR (vii) LOSS OR DAMAGE CAUSED BY ANOTHER USER’S VIOLATION OF THESE TERMS.
Peek is not obligated to provide any maintenance, technical, or other support for the Service.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Peek does not guarantee that theServices, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract withPeek and meet all of the foregoing eligibility requirements. The Services are offered and available to users who reside in the United States or any of its territories or possessions. If you do not meet all of these requirements, you must not access or use the Services.
Peek Limited License to You.
Subject to your compliance with these Terms, Peek grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Peek websites and mobile applications solely in connection with your use of the Services; and(ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Peek and Peek’s licensors.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of theServices; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Peek; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services andContent.
The Services may link you to other websites and services on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other third parties. These websites and services may contain information or material that some people may find inappropriate or offensive. These other websites, services and parties are not under Peek’s control, and you acknowledge that Peek and its Affiliates are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the materials or substance of such websites and services, nor are Peek or its Affiliates responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied. The inclusion of any telehealth provider in Peek’s marketplace or in any other communication is for informational purposes only. Peek is not arranging for any referral to, or making any recommendation of, or referral to, any particular telehealth provider. The inclusion of any telehealth provider does not constitute an endorsement or recommendation by Peek, whether or not the telehealth provider appears on the Peek marketplace or is accessible through hyperlinks in the Peek website. Any listing of telehealth providers only indicates that such telehealth providers have contracted to be listed on Peek’s marketplace. It is your responsibility to select a telehealth provider of your choice, if any, based on your own research and due diligence.
The Services may be made available or accessed in connection with third party services and content, including advertising. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Peek does not endorse such third-party services and content, and in no event shall Peek be responsible or liable for any products or services of such third-party providers, including pharmaceutical products or medical care (“Third PartyProviders”).
Ownership.
Copyright © 2025 PeekHealthcare Technologies, Inc. All Rights Reserved.
The following are registered trademarks or service marks of Peek or its Affiliates: Peek, PeekDirect, PeekFirst. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Peek or its Affiliates. All other trademarks or service marks are the property of their respective owners. TheServices and all rights therein are and shall remain in Peek’s property or the property of Peek’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Peek’s company names, logos, product and service names, trademarks or services marks or those of Peek’s licensors. For purposes of these Terms, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services available utilizing theServices. By accepting these Terms, you acknowledge and agree that all content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Peek and/or itsAffiliates. You are only permitted to use the content as expressly authorized by Peek or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content in any form or by any means without prior written permission from Peek or the specific content provider, and you are solely responsible for obtaining permission before reusing any content. Any unauthorized use of content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither Peek nor its Affiliates warrant or represent that your use of content will not infringe the rights of third parties.
A. Agreement to Provide Accurate Registration Information. In order to use the Services, you must register for and maintain one or more accounts (“Accounts”). You may cancel your Accounts anytime by visiting your account settings while logged in on web or in app. Account registration requires you to submit to Peek certain personal information, such as your full name, email address, date of birth, or mobile phone. You agree to (i) provide accurate, current, and complete registration information about yourself, and (ii) maintain and promptly update as necessary by providing accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access or use the Services. Any registration is solely for you and you may only use one single Account. You may not use the Accounts of others, or allow others to use your Account, and you are solely responsible for preventing such unauthorized use of your Account.
B. User Submission of Personal Information. When creating an Account and using the Services, you will be asked to provide certain personal information. By submitting personal information through our Services, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use and disclosure of your personal information in accordance with the Privacy Policy.
You grant Peek and all other persons or entities involved in the operation of the Services the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Services. Peek cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Services. Peek may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account, which may include an associated social sign-on email alias if applicable.
C. Peek May Suspend Accounts. Peek reserves the right to terminate, suspend, or restrict your access to anyAccount(s) if (i) we discover you have created multiple Accounts for the same user, (ii) we suspect that the Account(s) have been or will be used for any illegal, fraudulent, or otherwise unauthorized purposes, or (iii) in Peek’s reasonable judgment, your use of the Services imminently threatens the security, stability, integrity or availability of the Services, or otherwise harms Peek, other customers or third parties. Under no circumstances shall Peek or other persons be responsible or liable for any direct, indirect, consequential, or other losses (including lost revenue, lost profits, lost business opportunities, loss of good will, or reputational harm), damages, or costs suffered by you or any other person or entity due to any such termination, suspension, or restriction of access to any Account(s).
D. Account Security. You acknowledge that you are responsible for all activity that occurs under your Account along with any activity resulting from your account. You agree that we rely on the user ID (email address) and password protection format to confirm whether users accessing and using our Services are authorized to do so. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Account. It is your sole responsibility to (i) control the dissemination and use of your user ID and password, and (ii) authorize, monitor, and control access to and use of your Account and password. You shall notify us immediately if you suspect or become aware that your Account is being used without authorization or of any other breach of security. You may not transfer or share your Account with anyone, and we reserve the right to immediately terminate your Account if you do transfer or share your Account. Unless otherwise permitted by Peek in writing, you may only possess oneAccount. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity.
E. User is Responsible for Equipment and Software to Connect to Services. You must provide all equipment and software necessary to connect to the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
F. User May Not Use the Services for Illegal Activity. You agree to use the Services only for purposes that are legal, proper, and in accordance with these Terms and any applicable laws or regulations. Without limitation, you may not, and may not allow any third-party to: (i) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country; (ii) impersonate another person (via the use of an email address or otherwise); (iii) upload, post, transmit, or otherwise make available through the Services any content that infringes the intellectual or proprietary rights of any party; (iv) operate to defraud Peek, other users, or any other person; (v) provide false, inaccurate, or misleading information; (vi) use the Services to violate the legal rights (such as rights of privacy and publicity) of others; (vii) engage in, promote, or encourage illegal activity (including, without limitation, tax evasion or money laundering); (viii) harvest or otherwise collect information from the Services about others, including without limitation email addresses, without proper consent; (ix) exploit the Services for any unauthorized commercial purpose; (x) modify, adapt, translate, or reverse engineer any portion of the Services; (xi) remove any copyright, trademark, or other proprietary rights notices contained in or on the Services or any part of it; (xii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or the content posted on the Services, or to collect information about its users for any unauthorized purpose; (xiii) create user accounts by automated means, or under false or fraudulent pretenses; (xiv) access or use the Services for the purpose of creating a product or service that is competitive with any of our products or Services; (xv) license, sublicense, transfer, sell, resell, rent, lease, distribute, time share, assign, share or otherwise commercially exploit or make the Services available to any third-party; (xvi) use the Services to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (xvii) use the Services to send or store viruses, worms, time bombs, trojan horses or other harmful or malicious code, files, scripts, agents or programs; (xviii) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (xix) attempt to gain unauthorized access to theServices or related systems or networks; or (xx) access the Services for purposes of monitoring its availability, performance or functionality or for any other benchmarking or competitive purposes.
Peek may allow users to request and receive pricing information, coupons and marketing messages via communications, including but not limited to text messaging and email. By providing us with your contact information, you are consenting to receive pricing information, coupons and marketing messages from Peek, including being contacted with communications containing prescription-related information and medical information. You acknowledge that there may be some risk that the information in the communication(s) could be read by a third party. Peek provides no warranty for any of the pricing data or other information provided to you via such communications. If you provide us with a third party’s contact information in connection with a messaging service, you represent that you gave permission for us to contact such third party, including with certain health-related information. When you use the Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
Consent to Receive Text Messaging and Telephone Calls.
1. When you opt-in to receive SMS messages from Peek, you agree that Peek may contact you by text message (including by an automatic telephone dialing system) at the mobile number provided by you or on your behalf in connection with your Peek account or otherwise provided to us ,including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. Consenting to text messaging isn’t required to use Peek.
2. You can cancel this service at any time by texting STOP in response to a message. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us
3. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency will vary based on your use. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
For all questions about the services provided email support@peekmeds.com.
If you have any questions regarding privacy, please read our Privacy Policy.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS,AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Peek may route phone and text communications through a third-party service provider, and we or the service provider may record telephone conversations or chatbot exchanges you have with Peek or its agents for quality control and training purposes, or for our own protection.
Peek may, in Peek’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Peek through the Services textual, audio, and/or visual content and information, including commentary, testimonials and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). You may also submitUser Content via surveys, customer service communications, and social media channels. You grant Peek a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content, including in edited and partial form, together with your name, location, and any other personal information you provide in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Peek’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Peek the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Peek’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Peek in its sole discretion, whether or not such material may be protected by law. Peek may, but shall not be obligated to, review, monitor, or remove User Content, at Peek’s sole discretion and at any time and for any reason, without notice to you, except where prohibited.
A. Peek Makes No Representations or Warranties; Disclaimer.
YOU EXPRESSLY AGREE THAT THEUSE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PEEK AND ITS OFFICERS, EMPLOYEES, DIRECTORS,SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PEEK PROVIDES THE SERVICES, INFORMATION,MATERIALS, AND/OR DATA CONTAINED THEREIN FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. PEEK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, PEEK MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, ACCURACY,TIMELINESS, QUALITY, SECURITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES ORANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. PEEK DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS, INCLUDING THE MEDICAL GROUP OR PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH,REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
INFORMATION AVAILABLE THROUGH THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES,INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED THEREIN TO STOP PROVIDING MAIL DELIVERY SERVICES, AND TO SWITCH OUR ASSOCIATED THIRD-PARTY CONTRACTORS AND VENDORS, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICES OR THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Services, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. PEEK MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, CONTENT, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES OR THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY PEEK OR ITS AFFILIATES.
Content available through the Services often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with Peek. Peek does not endorse, nor is it responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Peek,Inc. spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms.
You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Services are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY THE PHARMACIES LISTED ON THE SITE MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BYTHE PHARMACY OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OFTHE PRODUCTS OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. PEEK DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ONOR MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.
SOME STATES OR JURISDICTIONS DONOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
B. Limitation on Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENTS FIRST GIVING RISE TO THE CLAIM. IF NOT COMMENCED WITHIN THIS ONE (1) YEAR PERIOD, YOU AND WE ARE EACH PERMANENTLY BARRED FROM PURSUING THAT CLAIM.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental actor regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PEEK AND ITS AFFILIATES, OFFICERS, DIRECTORS,AFFILIATES, AGENTS, CONTRACTORS, REPRESENTATIVE, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE RESPONSIBLE FOR ANY LOSS INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REVENUES, OR FINANCIAL LOSSES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICES, OR FOR ANY DAMAGES RELATED TO THE LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF PEEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PEEK SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE MEDICAL GROUP OR PROVIDERS.
PEEK SHALL NOT BE LIABLE FORANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ONTHE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF PEEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PEEK SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PEEK’S REASONABLE CONTROL.
THE SERVICES MAY BE USED BY YOUTO ACCESS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT PEEK HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY ACTS OR OMISSIONS OF THIRD-PARTY PROVIDERS. FURTHER, PEEK SHALL NOT BE LIABLE IN ANY WAY FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF MEMBERSHIP FEES
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR LINKED WEBSITES IS TO STOP USING THE SITEOR THOSE SERVICES OR PRODUCTS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PEEK’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON PEEK’S CHOICE OF LAW PROVISION SET FORTH BELOW. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF PEEK TO YOU WITH RESPECT TO YOUR USE OF THE SERVICES IS (i)$50 (FIFTY DOLLARS) OR (ii) THE TOTAL AMOUNT YOU PAID TO PEEK IN FEES OVER THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM. YOU HEREBY AGREE TO WAIVE, TOTHE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
Some jurisdictions do not allow the exclusion of certain warranties and limitations of liability provided in this section. If you are in such a jurisdiction, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities. The scope and duration of such a warranty and the extent of our liability will be the minimum permitted by applicable law.
Indemnity.
You agree to indemnify and hold Peek and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees related to defending or resolving any suits),arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Peek’s use of your User Content; (iv) your violation of the rights of any third party, including Third Party Providers or (v) your violation or alleged violations of applicable laws or regulations, including anti-spamming rules, regulations, laws, statutes. Peek reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Peek in asserting any available defenses.
Choice of Law.
These Terms shall be governed by the laws of the State of New York, without regard to conflict of law principles. Any dispute that is not subject to arbitration under Section 2 of this Agreement shall be brought in the appropriate state or federal court located in New York County, New York, and we and you each irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in NewYork County, New York for the adjudication of all non-arbitral claims.
Claims of Copyright Infringement.
Peek respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content infringes the copyright or other intellectual property rights of any person. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe their rights under US copyright law have been infringed. Peek will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action according to the DMCA and the Terms. If you believe in good faith that materials hosted by us infringe your copyright (for example, materials posted by a user on one of our forums), you or your agent can send us a notice requesting that the material be removed or access to it blocked. In the event the site allows you to upload copyrighted material, these Terms apply.
Filing a DMCA “Take Down”Notification
If you are a copyright owner oran agent thereof and believe that any Content infringes upon your copyrights, you may submit a take-down notification (“Take-Down Notification”) pursuant to the DMCA by providing us with the following information in writing (see 17U.S.C. § 512 for further detail):
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works at that website;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; **Providing URLs in the body of your DMCA notification is the best way to help us locate content quickly**
· Information reasonably sufficient to permit us to contact you (the complaining party), such as an address, telephone number, and electronic mail address at which you (the complaining party) may be contacted;
· A statement that you (the complaining party) have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
· A statement that the information in the notification is accurate, and under penalty of perjury, that you (the complaining party) are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
· **(Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material.
If you believe material that you have posted to the Services has been improperly taken down, you may file a written counter-notice with our DMCA Agent. Please include the following details:
· Identification of the material that has been removed or to which access has been disabled and the location at which it appeared before it was removed or disabled;
· A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
· Your name, address, telephone number, and, if available, email address;
· A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside the US, for any judicial district in which Peek may be found, and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as described above; and
· Your physical or electronic signature.
DMCA notices must meet current statutory requirements imposed by the DMCA.
Please send DMCA notices to our DMCA Agent at the following address or by email (subject line “DMCA Communication”): DMCA Agent, Peek Healthcare Technologies, Inc., 300 Avenue of the Champions Suite 222, Palm Beach Gardens, FL 33418.
Email: support@peekmeds.com
Please note that under Section512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable to us and possibly others for any damages, including costs and attorneys’ fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it. Please also be advised that we enforce a policy of terminating the Accounts of repeat infringers (i.e., users who have made two or more postings for which we receive a notice of infringement).
Peek’s DMCA Agent should be contacted only for the purposes set forth in this Section. NON-DMCA INQUIRIES DIRECTED TO PEEK’S DMCA AGENT WILL NOT BE ANSWERED. MISUSE OF THE DMCA CAN SUBJECT YOU TO LIABILITY.
Notice.
Peek may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Peek, with such notice deemed given when received by Peek, at any time by first class mail or pre-paid post to Peek, Inc., 300 Avenue of the Champions Suite 222, Palm Beach Gardens, FL 33418 or by email sent to the attention of Customer Service at support@peekmeds.com.
Entire Agreement.
These Terms and any policies or operating rules posted by us on this website or in respect to the Services constitutes the complete and exclusive agreement and understanding between you and us related to the Services, and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms); provided, however, these Terms shall not supersede any prior or contemporaneous agreements related to the Services mutually signed by you and us (including those specific terms and conditions incorporated by reference into a signed Peek ordering document). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Changes to these Terms.
We reserve the right, at our sole discretion, to update, change, modify, or replace any part of these Terms by posting updates and changes to the Site. We may elect to notify you of such changes by mail, email, posting of modified Terms, or some other similar manner. However, it is your responsibility to check the Site regularly for changes to these Terms. Your continued use of or access to the Site or theServices following the posting of any changes to these Terms of Service constitutes acceptance of those changes
Termination.
These are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Services, or when you cease using our Services.
We are free to terminate (or suspend access to) to your use of the Services (or any part thereof) or your Account, if (i) you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, or (ii) for any other reason in our sole discretion. We also may terminate these Terms at any time without notice. Even after your right to use the Services is terminated, the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination, and the Terms will remain enforceable against you.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, but without limitation, all the following will survive termination: any obligation you must pay us or indemnify us, any limitations on our liability, and any terms regarding ownership or intellectual property rights.
No Assignment of the Terms.
You may not assign these Terms without Peek’s prior written approval. Peek may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Peek’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Peek or any Third-PartyProvider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced to the fullest extent under law. Peek’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Peek in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms. Please contact us at support@peekmeds.com with any questions regarding these Terms.
Severability.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Waiver.
No delay or omission by us in exercising any rights or remedies thereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy by us shall not preclude further exercise or any right or remedy by us. No waiver by us shall be valid unless in writing signed by us.
