Terms of Service

Terms of Service

Welcome to https://ourpeakhealth.com (the “Website”), owned and operated by Our Peak Health Inc. (“Peak Health,” “we,” “us,” or “our”). The recipient of this information is assumed to be the consumer of any Peak Health products or services, as an individual, entity, or otherwise, and is hereinafter referred to as “you” or “your”. Except as otherwise noted herein, these Terms of Service and any Supplemental Terms (as defined below) (the “Terms”) govern your use of the Website and Peak Health’s services, applications, and content (collectively, the “Site”) and your purchase, receipt, or use of our products made available through the Site (collectively, the “Products”).

PLEASE READ THESE TERMS CAREFULLY BECAUSE YOUR USE OF THE SITE OR PURCHASE OF THE PRODUCTS CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE, OR PURCHASE, RECEIVE OR USE OUR PRODUCTS.

THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Certain users of the Site may be subject to additional terms, policies, and guidelines (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental service. If these Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such service.

Peak Health reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will provide notice of such changes by providing notice through the Site or in certain cases via email. By continuing to access or use the Site in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use the Products. If you do not agree to the revised Terms, you are free to reject them, but in that case you may not access or use the Site or order, receive or use the Products.

Account Creation; Eligibility

You may use the Site only if you can form a binding contract with Peak Health, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. You may use the Site as a guest and check out by providing an email address or you may sign up for an account, select a password and username, and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your user ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person.

You may not transfer your account to anyone else without our prior written permission. You agree that you will never share your user ID and password with anyone else for any reason. You agree that only you will use your account. You agree to contact Peak Health immediately in the event you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless Peak Health from any damages that arise out of or in relation to use of your account. You agree that you will not create more than one account. By registering and obtaining an account, you affirm that you will follow the Terms and your registration constitutes your consent to enter into agreements with us electronically. Paying for the connectivity and data plans of your computer devices is your responsibility.

Peak Health has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Site. We will handle your personal information used to create your user ID consistent with our Privacy Policy, which is incorporated into these Terms by reference.

Safety Acknowledgment; No Medical Advice

Among the Products offered for sale on the Site and through our authorized resellers and third-party retailers, we make available certain health and wellness products and sexual health products. The lawful and proper use of any such products is a required condition of sale. By purchasing any such products, you agree to follow the instructions contained in any accompanying literature. The improper use of such products may void any applicable warranty. Any illegal use or resale of such products could subject you to fines, penalties, and/or imprisonment under state and federal law. Keep such products and all similar products out of the reach of children.

Study this information, the product instructions, and all accompanying literature and warnings before using such products. By using this Site, you acknowledge the information contained in this disclaimer, the information provided on this Site, and all of the documentation and literature included with any Product sold on this Site or through our authorized resellers and third-party retailers was developed for informational purposes only. The Products and Product descriptions appearing on the Site are provided solely by third-party retailers without any input from Peak Health. Peak Health makes no representation with respect to, nor do we guarantee or endorse, the accuracy, completeness, timeliness, reliability, suitability, or correct sequencing of any content posted by third-party retailers. Likewise, Peak Health does not endorse, oppose, or edit any opinion, claim, or analysis expressed by any third-party retailer. In no way is any of the information contained in this disclaimer or other documentation intended to be a medical or prescriptive guide or a substitute for informed medical advice or care.

Third-party retailer statements do not constitute medical advice. The materials on the Site may not apply to your specific situation or your specific location, or may be incomplete or outdated. You should not act or rely on any information on the Site. The Site and materials posted or linked are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You are not authorized to treat the Site as a source of medical advice. Before acting or delaying action, you should first seek the advice of a physician who is qualified and licensed, as applicable, in the applicable subject matter and jurisdiction. Peak Health does not recommend or endorse any products or other information that may be mentioned on or included in the Site. Any information and statements regarding dietary supplements and health and wellness products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Neither the manufacturer nor the seller, or their respective affiliates, directors, officers, or shareholders, of any Products offered for sale on the Site or through our authorized resellers and third-party retailers is responsible for the misuse of such Products. You and any other user of such Products are solely responsible for the use of such Products and the consequences of such use.

Terms of Sale

The terms of this section govern your purchases from Peak Health. Additional information regarding your purchases may be found on the Site from time to time.

Orders, Pricing, and Payments

Peak Health strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors. The displayed colors of the Products depend upon the monitor of the user, and Peak Health cannot guarantee that the user’s monitor will accurately portray the actual colors of the Products. Products displayed may be out of stock or discontinued, and prices are subject to change. Your order is subject to cancellation by Peak Health, in Peak Health’s sole discretion. Unless otherwise agreed to by Peak Health, payment must be received by Peak Health prior to Peak Health’s acceptance of an order. Peak Health may process payment for and ship parts of an order separately. Purchases may not be resold or exported. Your purchase is for your own use, not for resale or export. Your purchase may not be sold, leased, or transferred to restricted countries, restricted end-users, or for restricted end uses according to U.S. export and sanctions laws. Peak Health does not permit sales or delivery of Products outside of the United States.

Shipping

We offer free shipping on all orders. However, as may become applicable, you agree to pay any shipping and handling charges shown at the time you make a purchase. We do not allow shipment of Products outside of the United States. We work with third-party vendors, or Third-Party Platforms (as defined below) to provide the Products to you using a “drop-ship” shipping model. Peak Health and Third-Party Platforms reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. All shipping details will be provided to you by Peak Health. Actual delivery dates may vary. Product title passes to you when the product is shipped, unless stated otherwise. You have 30 days to notify Peak Health of any missing, wrong, or damaged portion of your purchase or Peak Health cannot be held responsible for these issues. You should receive an email notification once your order has shipped. All communication regarding an order will be sent by Peak Health. Do not reach out directly to our brand partners. All communication to brand partners will be conducted through us.

Taxes

Any sales, use, value-added, or other tax based on the Subscription or Products ordered through the Website that we are required to pass through to customers is automatically calculated and added to all orders where applicable (except for users in the European Economic Area, (“EEA”) where VAT is included in the amount charged to you by Peak Health). To the extent applicable, all payments for the Products will be made free and clear of, and without reduction for, any withholding taxes. If Products are subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates. Sales tax is the sole responsibility of you, the user.

Payment Processors

We use major traditional payment processors, including Mastercard, American Express, Visa, and Shop Pay. By paying for a Product or a Subscription, you agree to be bound by the applicable Payment Processor’s terms and conditions, privacy policy, and any other terms and policies, and authorize us and the Payment Processor to share any information and payment instructions you provide with your Payment Method and any other Third-Party Service provider(s) solely as required to complete your transactions.

Returns

Please refer to our Refunds & Returns policy in the footer at the bottom of this page for the most up-to-date information regarding returns and refunds. Due to the perishable nature of most of our Products, there are no returns on Products. If you would like to request a refund for a Product, please initiate the refund request through your account as available, or please email support@ourpeakhealth.com and Peak Health will assist you from there.

Security Rules

Violations of system or network security may result in civil or criminal liability. Peak Health investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

1.  Accessing data not intended for you or logging on to a Peak Health server or account that you are not authorized to access;
2. Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site, and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site; and
4. Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site.

Prohibited Uses; Access

The Site may be used only for lawful purposes and is available only for your personal, non-commercial use, which shall be limited to viewing the Site, purchasing Products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information, and are responsible for the consequences of such communications to the Site. Peak Health specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

1. Posting any information that is incomplete, false, inaccurate, or not your own;
2. Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national, or international law or regulation, or that would fail to comply with accepted Internet protocol;
3. Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the irrevocable permission of the owner to post it;
4. Communicating, transmitting, or posting material that reveals trade secrets, infringes on any other intellectual property, privacy, or publicity right of another, or is in violation of applicable laws or regulations;
5. Communicating, transmitting, or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of any applicable export control laws; or
6. Attempting to interfere in any way with the Site’s or Peak Health’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.

No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as specifically permitted on the Site.

Proprietary Rights

As between you and Peak Health, Peak Health is the owner and/or authorized user of any registered or unregistered trademark, trade name, and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Peak Health logos, designs, titles, phrases, and product names and the copyrights, trademarks, service marks, trade dress, and/or other intellectual property in such materials (collectively, the “Intellectual Property”) are owned by Peak Health and may be registered in the United States and internationally.

User Content; Social Media Agreement

We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or other content that you:

1. Submit or post on the Site, on any of our blogs, social media accounts, or through tools or applications we provide for posting or sharing such content with us; or
2. Have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, TikTok, and Pinterest, that are tagged with #peakhealth or any other Peak Health promoted hashtag (collectively “User Content”) shall be deemed non-confidential and non-proprietary.

By submitting or posting any User Content, you grant Peak Health a perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use, or otherwise exploit all or any portion of the User Content.