Terms and Conditions of Use
Acceptance of Terms; Binding Agreement
Please carefully review the following terms and conditions of use, which apply to everyone who visits this or any other Peakstone websites (collectively, the “Website”). By accessing and using this Website, you acknowledge that you have read and understood, and as a condition to your use of the Website, and unless it is unlawful or invalid under applicable law, you are agreeing to abide by, and be bound by, the following terms and conditions and any amendments in effect at the time of your visit.
Peakstone may modify these terms and conditions and any associated policies on a going forward basis at any time by updating these legal notices and the last revised data above, and we encourage you to review the terms and conditions as any such modifications will be binding on you. Disputes arising under these terms will be resolved in accordance with the version of these terms in effect at the time the dispute arose.
Intellectual Property Notice
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Website are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Peakstone or by third parties who have licensed their materials to Peakstone and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on the Website is the exclusive property of Peakstone or its licensors and is protected by U.S. and international copyright laws. Peakstone authorizes you, subject to these terms and conditions, to access and use the Website and the copyrighted content solely for your own informational use. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Any unauthorized use of the trademarks or other contents of any of the Website may violate civil and/or criminal laws. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the copyrighted content on any copy you make of such content.
In addition, you agree not to: (i) use or access the Website for any purpose that is unlawful or prohibited by these Terms and Conditions of Use; (ii) use or access the Website in a manner that could damage, disable, overburden, or impair any Peakstone server or the networks connected to any Peakstone server; (iii) interfere with any third party’s use and enjoyment of the Website; or (iv) attempt to gain unauthorized access to accounts, computer systems or networks connected to any Peakstone server through hacking, password mining or any other means.
Information provided on the Website is intended for general information purposes only. Nothing contained in the Website is, or should be construed as, medical, legal, investment, financial, or other advice.
Void Where Prohibited
The content of the Website is intended to comply with the laws and regulations in the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. Peakstone reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on the Website is void where prohibited.
The Website may contain links to third-party websites, which are provided as a convenience to users of the Website and are not controlled by Peakstone. Peakstone makes no claim or warranty of, and is not responsible for, any information found in a linked website. Inclusion of any third party link does not imply an endorsement or recommendation by Peakstone.
No Representation or Warranty
PEAKSTONE DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT), OR ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE WITH REGARD TO THE WEBSITE OR ANY INFORMATION OR MATERIALS PROVIDED ON OR IN CONNECTION WITH THE WEBSITE, INCLUDING THE ACCURACY, COMPLETENESS, CURRENCY OF SUCH INFORMATION OR MATERIALS, OR THE FREQUENCY THAT THEY ARE UPDATED. YOU AGREE THAT THE WEBSITE AND EVERYTHING ON THE WEBSITE IS PROVIDED ON AN “AS IS“ AND “AS AVAILABLE“ BASIS. PEAKSTONE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE OR YOUR USE OF THE WEBSITE. PEAKSTONE MAKES NO CONDITIONS OR WARRANTIES THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY GOODS OR SERVICES AVAILABLE ON THE WEBSITE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS ON THE WEBSITE WILL BE CORRECTED, (VI) THAT YOUR USE OF THE WEBSITE OR ANY MATERIAL OBTAINED FROM THE WEBSITE WILL NOT CAUSE ANY HARM OR DAMAGE, INCLUDING TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR THAT NO LOSS OF DATA WILL RESULT FROM OBTAINING SUCH MATERIAL. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. PEAKSTONE DOES NOT DISCLAIM ANY CONDITION, WARRANTY OR OTHER RIGHT THAT PEAKSTONE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
Limitation of Liability
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL PEAKSTONE OR ANY OF ITS AFFILIATES OR ANY OF THEIR OFFICERS, DIRECTORS, OR EMPLOYEES, BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY, OR ANY CLAIMS OR LOSSES, RESULTING FROM OR IN CONNECTION WITH THE CREATION OR USE OF, OR RELIANCE ON, THE WEBSITE OR ANY LINKED WEB SITE CONTAINED IN ANY SUCH SITES, OR ANY OF THE INFORMATION ACCESSED THROUGH ANY SUCH SITE OR FROM THE INABILITY TO USE ANY SUCH SITE. THIS LIMITATION INCLUDES DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF PEAKSTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE; (II) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE WEBSITE; (V) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY PEAKSTONE; OR (VI) ANY OTHER MATTER RELATING TO THE WEBSITE. THE DISCLAIMERS AND LIMITATIONS PROVIDED IN THESE TERMS SHALL APPLY IRRESPECTIVE OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLY BY LAW, PEAKSTONE AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF PEAKSTONE’S CONTENT, REGARDLESS OF CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100 IN THE AGGREGATE.
To the fullest extent permitted by law, you are responsible for your use of the Website and you agree to defend, indemnify, and hold harmless Peakstone and any of its officers, directors, employees or affiliates from and against any claims, actions, or demands, and any related liability, damage, loss, and expense, including without limitation reasonable legal and accounting fees, alleging or resulting from or connected with (i) your use of or reliance on any third-party content on the Website, (ii) your use of or reliance on any Peakstone content, (iii) your unauthorized use of, or misuse of, the Website, or (iv) your violation of any portion of these terms and conditions, any representation, warranty, or any applicable law or regulation. Peakstone shall provide notice to you promptly of any such claim, suit, or proceeding. Peakstone reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with Peakstone’s defense of those claims.
Governing Law and Venue
These terms and conditions will be governed by and interpreted pursuant to the laws of Delaware, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Delaware in connection with any dispute between you and Peakstone arising out of these terms and conditions or pertaining to the subject matter hereof. The parties to these terms and conditions each agree that the exclusive venue for any dispute between the parties arising out of these terms and conditions or pertaining to the subject matter of these terms and conditions will be in the state and federal courts located within Delaware, provided that we each agree to utilize non-appearance based procedures in connection with the pursuit of any claim hereunder to the greatest degree available permissible. You and Peakstone agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Terms and Termination
Peakstone shall have the right to terminate your access to, and use of, the Website immediately, if, in its sole discretion, Peakstone believes that your conduct fails to conform to these Terms and Conditions of Use. Peakstone also reserves the right to investigate suspected violations of these Terms and Conditions of Use, including without limitation any violation arising from any submission, posting or emails you make or send to the Website. Upon termination of your agreement to be bound by these Terms and Conditions of Use, all rights granted to you under these Terms and Conditions of Use will cease immediately, and you agree that you will: (i) immediately discontinue use of the Website; and (ii) as applicable, pay any amounts owed to Peakstone in full within thirty (30) days from the date of such termination.
Last revised on March 9, 2023