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Terms of use

 

Last Revised: Mar 15, 2024

 

The following terms govern your use of the website (the “Website”) maintained by Peak Health LLC. and its affiliates (“we” or “us”). By accessing and using this Website or posting to our social media pages, you are agreeing to these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use, you may not use this Website or post to our social media pages.

Permitted Use

You may use this Website only if you are 18 years or older and solely for your own personal, non-commercial use. Your use of this Website must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in this Website or any Content.You may not use this Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this Website in any manner that could damage, disable, overburden, or impair our servers, or the networks connected to our servers, or interfere with any other party's use and enjoyment of our Website and Content. You may not attempt to gain unauthorized access of this Website, other accounts, computer systems or networks connected to our servers or to any of the Content, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website.

 

Website Does Not Provide Medical Advice

This Website provides information about health care and is for general informational purposes regarding health care that should never be construed as specific instructions for individual patients. Nothing on this Website is intended to substitute for proper medical advice, diagnosis, or treatment. This Website is not intended and must not be interpreted as the rendering of medical or professional health care advice or services, or the practice of medicine or professional health care.

 

Copyrights, Trademarks and Other Proprietary Rights

The Charm Health Website and Mobile Application, any content on the Website and Mobile Application, and the infrastructure and software used to provide the Website, Mobile Application, and other Services are proprietary to us, our affiliates, agents, contractors, providers, and other content providers. By using the Website or Mobile Application and accepting these Terms of Use: (a) Peak Health grants you a limited, personal, non transferable, nonexclusive, revocable license to use the Website or Mobile Application pursuant to these Terms of Use and to any additional terms and policies set forth by Peak Health; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Website or Mobile Application without the express permission of Peak Health.

 

Disclaimer Of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND CONTENT (INCLUDING USER SUBMISSIONS) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND THE PEAK HEALTH LLC. AND APPLICABLE LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK. FURTHERMORE, THE WE AND APPLICABLE LICENSORS DO NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. ANY MATERIAL OBTAINED THROUGH THE USE OF THIS WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

Geographical Restrictions

We make no representation that this Website is appropriate, or is available for use outside the United States. Access to and use of this Website where the Content or access or use of this Website is illegal is prohibited. If you access and use this Website from outside the United States, you do so at your own risk, and are responsible for compliance with applicable laws.

 

LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PEAK HEALTH LLC. NOR APPLICABLE LICENSORS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR CONTENT OR ANY WEBSITE OR CONTENT LINKED FROM THIS WEBSITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

Indemnification

You agree to defend, indemnify and hold the Peak Health LLC, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, demands, costs or expenses including, without limitation, reasonable attorney's fees, made by any third party due to or arising out of your use of the Website in violation of these Terms of Use or arising from a breach of these Terms of Use.

 

Changes to these Terms

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of this Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use this Website.

 

Links to and from Third-Party Websites

This Website may contain links to other sites on the Internet that are owned and operated by third parties. Such links are provided solely for your convenience as pointers to information that may be useful to you. We are not responsible for the Content, advertising, products, services or other materials made available on or through any linked site or for your use of them. Linked sites are likely to have their own terms of use, and you are responsible for reading them to ensure your own compliance. We are not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with a linked site.

We do not endorse and are not responsible for the information and security practices or privacy policies of web sites operated by others that may be linked to or from this Website. No web sites that link to this Website may frame or otherwise incorporate the Content on this Website.

 

Feedback

We welcome feedback, comments and suggestions for improvements to the Website (“Feedback”). You can submit Feedback by emailing us at support@peakhealth.care. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

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