Effective Date: December 1, 2021

This Enrollment Agreement (“Agreement”) is a contract entered into by and between you (“You” or “User”) and Peak Health (“Peak Health”, “We”, “our”, or “us”) and our affiliates, to the extent expressly stated. This Agreement, (together with our Privacy Policy, the “Terms and Conditions” or “Terms”) govern your access to and use of www.peakhealth.club (the “Website”) and any content, functionality, and Services (collectively with the Website, the “Services”) offered on or through the Website, whether as a guest or registered user.

Please read the Terms of Service carefully. By using our Website or signing up for any of our Services, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms, please do not access or use our Services.

Age Restrictions

The Website and Services are intended for users 18 and older. By accessing or using the Website, You represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Terms of Service and to use the Services in accordance with these Terms.

Changes to Terms of Services

We may revise and update these Terms of Service from time to time in our sole discretion by posting a revised version on the Website. All changes are effective immediately when we post them. Peak Health may provide reasonable notice of any material changes, including changes to our subscription service — from multiple to one single club, determined at our sole discretion, by posting the updated Terms of Service on the Website. Any revisions to the Terms of Service will take effect on the noted Effective Date, located at the top of these Terms.

You understand that your continued use of the Website or Services following the Effective Date, means that you accept and agree to be bound by these Terms of Service. If you do not accept the Terms of Service in its entirety, you must not access or use the Website or any other features of our Services after the Effective Date.

USER CONTRIBUTIONS

The Website may contain interactive functionalities, such as product profiles and blog posts in which users may rate, post feedback, and otherwise interact (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the provisions in this Terms of Service. Any User Contribution you post to the site will not in any way be considered an endorsement or promotion on behalf of Peak Health. User Contributions will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you irrevocably grant us and our licensees, successors, and assigns permission to use Your User Contributions for any purpose, including but not limited to advertisements and other works, creating derivative works, promoting and distributing it. You also irrevocably grant the Site’s users the right to access Your User Contributions in connection with their use of the Site. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your User Contributions.

You represent that you own, or have the necessary permissions to use, and authorize the use of, your User Contributions. You may not imply that your User Contributions are in any way sponsored or endorsed by Site. You are solely responsible for your User Contributions, including the accuracy of any User Contributions, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Contributions if such User Contributions are legally actionable or defamatory. Peak Health is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, Peak Health reserves the right (but is under no obligation) to remove posted feedback or information that, in Peak Health’s sole judgment, violates the Terms of Service or negatively affects our Services, diminishes the integrity of the review system or otherwise is inconsistent with the business interests of Peak Health. You acknowledge and agree that you will notify Peak Health of any error or inaccurate statement in your feedback, and that if you do not do so, Peak Health may rely on the accuracy of such information.

Prohibited Uses

You may use our Website and Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Peak Health, a Peak Health employee, another user, or any other person or entity (including, without limitation, by using email addresses or account names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Peak Health or users of the Website, or expose them to liability.
Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website, including any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Terms of Service Violations and Termination

We may suspend or terminate your Account or ability to access or use the Services — including subscription to the Peak Health Club — at any time, for any or no reason, including for violations of these Terms, at our sole discretion, and without notice or liability of any kind. You agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate; and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services — including your membership to The Peak Health Club. You may delete your Account by contacting us at: https://peakhealth.club/contact-us/. You acknowledge and agree that even if you discontinue your Account, we may continue to display any content that you have provided on the Website.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Peak Health, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website except as permitted by this Terms of Service.

The Peak Health, name, logo, trademarks and all related names, logos, product and service names, designs, and slogans are trademarks of Peak Health or its affiliates or licensors. You must not use such marks without the prior written permission of Peak Health. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Pre-Sales Inquiries

If you have any questions about our products or Services, we ask that you read through the entirety of our Terms & Conditions and Privacy Policy. Please contact us if you have any questions before making a purchase. By purchasing our products and Services, you are agreeing to our Terms.

Third-Party Content, Advertisements and Promotions

The Website or Services may contain links to third-party websites, products, or Services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or Services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

The Website may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the Services, including your User Contributions.

Warranty Disclaimer

WE PROVIDE THIS WEBSITE AND ITS CONTENT “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE, ANY CONTENT FROM THIS WEBSITE, USER CONTRIBUTIONS, OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, INCLUDING THE WEBSITE, USER CONTRIBUTIONS OR ANY OTHER CONTENT FOUND ON THE WEBSITE OR LINKED THEREIN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, OR DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER OF THIS WEBSITE.

YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. IN NO EVENT SHALL PEAK HEALTH BE LIABLE TO YOU IN EXCESS OF THE FEES YOU HAVE PAID PEAK HEALTH, IF ANY, IN THE YEAR PRECEDING THE FIRST EVENT GIVING RISE TO ANY CLAIM.

Indemnification

You agree to indemnify and hold Peak Health, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Website, (ii) any violation of these Terms of Service (including negligent or wrongful conduct) by you, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. In states where the law does not recognize a cap on liability and/or indemnity obligations, you agree to hold harmless Peak Health and be fully responsible for any loss, liability and/or legal fees that arise from the violation of the Terms of Service herein.

Governing Law

These Terms of Service and any claim arising out of these Terms will be governed by and construed in accordance with the laws of the State of New York.

Survival

After this Terms of Service terminates, the terms of this agreement that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect. Without limiting any other provisions of the Terms of Service, the termination of these Terms for any reason will not release you from any obligations incurred prior to termination of the Terms or that thereafter may accrue in respect of any act or omission prior to such termination.

WAIVER AND SEVERABILITY

No waiver by Peak Health of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Peak Health to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

CONSENT TO USE ELECTRONIC RECORDS

In connection with the Terms of Service, you may be entitled to receive certain records from Peak Health or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Website and the Website Services, you give us permission to provide these records to you electronically instead of in paper form.

ENTIRE AGREEMENT

This Terms of Service, constitute the sole and entire agreement between you and Peak Health and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, to the extent they relate in any way to the Website and Services.

Changes To Our Terms & Conditions

If we decide to change our terms and conditions, we will update the terms and conditions modification date below.
This policy was last modified on May 17, 2021

Contact Us

If there are any questions regarding our terms and conditions, you may contact us using the information below:

Peak Health Club
224 W 35th St
Ste 500 PMB 102
New York, NY 10001
Email: [email protected]