Terms & Conditions of Use
Date of Last Revision: December 3, 2021.
AMONG OTHER ACTIVITIES, PEAKS’S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDERS AND PHARMACIES. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.
Peaks Curative, LLC and RX Compound Store.com, LLC , and their respective affiliates (collectively, “Peaks,” “we ”, “us”, or “our”) own and operate the websites located at www.peakscurative.com and www.rxcompoundstore.com (collectively, the “Websites,” and collectively, if applicable, with any affiliated mobile application (“App”), the “Sites”). The Sites are intended to facilitate the provision of the Services to registered users. The “Services” may include (i) providing individuals with information on health care and wellness (“Content”); (ii) providing individuals with pharmacy services; (iv) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications, and pharmacy services; (v) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and (vi) telecommunications support for using the Services as a means of direct access to health care providers provided by Smart Doctors LLC and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers.
Certain of our Services are currently only available to individuals located in certain states.
In order to qualify to use the Services, the following must be true:
- You are aged 18 or over.
- You are located in a State Where We Operate (depending on the type of Services).
You understand and agree that satisfying the above requirements does not guarantee that you will receive Services through Peaks. In addition to the above requirements, Peaks and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.
REQUIREMENTS FOR USE
You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Sites. Fees and charges may apply to your use of the mobile services and to the Internet.
SPECIAL CONSENT TO TELEHEALTH SERVICES
Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:
- Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
- Interactions between a patient and health care provider via audio, video, and/or data communications; and
- Use of output data from medical devices, sound, and video files.
The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
YOUR RELATIONSHIP WITH PEAKS
Peaks does not provide any medical services, including via the Sites and Services. Rather, Peaks provides a technology platform for you to access an independent health care provider which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Services are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and in certain cases consulting with a health care provider through the Services, you are not entering into a provider-patient relationship with Peaks.
An independent health care provider may use the Services to provide advice or treatment to you. A health care provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the health care provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, Peaks strongly encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with a health care provider. Moreover, a health care provider utilizing Peaks may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Services may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease or injury.
For more information regarding the health care services offered by health care providers utilizing the Services, please visit https://smartdoctors.us/.
None of the Content you receive through the Sites should be considered medical advice, including, but not limited to, the questions answered during the registration process which are then pushed forward to the independent medical providers.
REGISTRATION AND USER ACCOUNTS
Although certain parts of the Sites are accessible by any individual, you are obligated to register with Peaks in order to access the Services. The Services are available only to users who have registered with Peaks and to other persons affiliated with Peaks who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to Peaks. If you do not maintain such information, or Peaks has reasonable grounds to suspect as much, Peaks has the right to suspend or terminate your account and your use of the Services. You also agree to immediately notify Peaks of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Peaks at [email protected] Peaks may take any and all actions it deems necessary or reasonable to maintain the security of the Sites, Services and your Secure User account.
You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. Peaks explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You acknowledge and agree that: (1) all or any part of the Sites may not be accessible at any time, for any period, or for any reason; and (2) Peaks will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period.
ACCESS RIGHTS AND PROHIBITED USE
OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITES
Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. Peaks shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Peaks via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
For any personal data or information subject to the foregoing exception, and to the extent permitted by law, you: (1) understand and agree that any such information provided by you may be used, copied or displayed by Peaks, Peaks may create derivative works of any such data, and Peaks may provide such data to our service providers, our successors and assigns, and the health care providers, and their affiliated professional entities, in performance of their services; and (2) grant Peaks, our service providers, our successors and assigns, the independent health care providers, and their affiliated professional entities, the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Sites for the purposes of providing services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of Peaks using such data.
OWNERSHIP OF SITE CONTENT
Certain names, logos, and other materials displayed in and through the Sites may constitute trademarks, trade names, service marks or logos (“Marks”) of Peaks or its affiliates. You are not authorized to use any such Marks without the express written permission of Peaks. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
MODIFICATIONS TO THE SITES
Peaks reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Sites or Services or any portion thereof, with or without notice. You agree that Peaks shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or Services.
THIRD-PARTY HYPERLINKS AND WEBSITES
The Sites may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
If you receive a prescription as a result of the Services, you may select RX Compound Store.com, LLC or, if applicable, any one of our partner pharmacies (collectively, the “Peaks Pharmacy Network”) to ship your prescription or you may also choose to select any other pharmacy you choose. You give us consent to send and disclose to the Peaks Pharmacy Network all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services.
PACKAGING AND FULFILLMENT RESTRICTIONS
If you select to use the Peaks Pharmacy Network to fulfil any prescriptions provided by health care providers through the Services, you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.
You agree to pay all fees due for services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize, Authorize.net, our third-party payment processors to charge the amount due.
You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s). Your payments to Peaks may include fees charged by healthcare organization(s) or provider(s) for health care services and/or pharmacy services, which Peaks collects on their behalf. Any health care services or pharmacy services not made available through the Services are not included in the payments collected by Peaks and you may be separately charged by the applicable health care providers or pharmacy for such services. Peaks does not store any credit card information or data; however, in the event that your credit card expires or Peaks, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Peaks and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.
SPECIAL NOTICE TO MEDICARE AND MEDICAID BENEFICIARIES
Federal and state healthcare programs, such as Medicare and Medicaid, do not pay for all health care costs, even for some health care services and products that you or your health care provider have good reason to think you need. If you are a beneficiary of a federal or state health care program, and such program does not pay for certain services or products rendered to you, you may have to pay for these services and products. As we understand it, neither federal nor state health care programs currently pay for any of the medical services or products made available through the Services performed by affiliated health care organizations or providers, at least not in the way such services or products are provided (i.e., using telemedicine and bundled treatment offerings). By agreeing to use the Services, you acknowledge and agree that: (1) you will pay directly for any medical services and products provided to you, and (2) neither Peaks nor any Peaks affiliated health care organization or provider will bill any federal or state health care program for such medical services or products.
Onboarding and diagnosis
Peaks does not provide medical advice or pharmacy services, you must be evaluated by a doctor or nurse practitioner and, in the professional judgment of such a healthcare provider, meet the clinical criteria to be treated and prescribed medications. To be evaluated, you may seek your own medical provider or you may complete an initial onboarding telehealth medical assessment (the “Diagnosis Online Visit”) with a doctor or nurse practitioner. If, following a review of the Diagnosis Online Visit, your health care provider determines that you are a good candidate for treatment he or she may initiate a treatment by writing you a prescription.
You acknowledge and agree that, even if you do not meet the clinical criteria for a prescription, you are responsible for payment of the cost of the Diagnosis Online Visit that your health care provider orders for you.
Subscription and Additional Services
If you choose to select a subscription to any monthly delivery of prescribed medication, your subscription (“Subscription”) including your ability to access the doctors and your obligation to pay subscription fees will commence when your healthcare provider communicates your care plan, risks and benefits of treatment, and you acknowledge such and elect to proceed to proceed with treatment.
The Program includes:
- Dedicated independent healthcare provider for consults.
- Fulfillment of prescription medication for your treatment (as prescribed), if you choose to have your prescription filled by the Peaks Pharmacy Network, with free second day shipping
The Membership Services may change from time to time. You will be given thirty (30) days’ notice of any such change. You may accept the revised Subscription by continuing in the or reject them by terminating your Subscription.
Payment of Membership Fee
You will have an opportunity to review and agree to the cost of the Subscription (the “Subscription Fee”) during the checkout process that is part of the Diagnosis Online Visit. You may also view the costs associated with the subscription web page located here. Once you begin, your Subscription Fee will be automatically charged to your payment card on a monthly basis (approximately every 28-30 days) until your Subscription is canceled. The initial payment must be made the day your Subscription commences. Once paid, your Subscription Fee is non-refundable. You may cancel your Membership at any time by calling us at 833-PEAKSCU, emailing us at [email protected], or logging into your Secure User account.
If you choose to have your prescription filled at a local pharmacy, your Subscription Fee will not include the cost of medication and pharmacy fulfillment. If you transfer your prescription from a local pharmacy to the Peaks Pharmacy Network, the cost of medication and pharmacy fulfillment will be added to your Membership Fee at the beginning of the next billing cycle. You may transfer your prescription to a local pharmacy or to the Peaks Pharmacy Network at any time by calling us at 833-PEAKSCU or emailing us at [email protected]
Canceling your Subscription
You may cancel your Subscription at any time by calling us at 833-PEAKSCU, emailing us at [email protected], or logging into your Secure User account. Any Subscription Fees paid prior to the date of cancellation are non-refundable.
No representation, warranty, or guarantee of continued availability of the Subscription
NEITHER PEAKS NOR THE AFFILIATED PROFESSIONAL ENTITIES MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE CONTINUED AVAILABILITY OF THE SUBSCRIPTION. THE PROGRAM MAY BE DISCONTINUED AT ANY TIME AT THE SOLE DISCRETION OF PEAKS AND/OR THE INDEPENDENT OR AFFILIATED PROFESSIONAL ENTITIES. YOU WILL BE GIVEN 30 DAYS’ NOTICE OF ANY SUCH DISCONTINUATION SO THAT YOU MAY FIND A LOCAL PROVIDER.
GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; VENUE; SEVERABILITY OF PROVISIONS
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND PEAKS TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PEAKS
NO AGENCY RELATIONSHIP
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITES AND ANY SERVICES ARE PROVIDED THROUGH THE SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS. PEAKS AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PROFESSIONAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER PEAKS NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITES. FURTHERMORE, PEAKS DOES NOT GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND PEAKS DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SITES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL PEAKS, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITES OR ANY SERVICES PROVIDED THROUGH THE SITES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES. THIS IS TRUE EVEN IF PEAKS OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
DIGITAL MILLENNIUM COPYRIGHT ACT
Peaks reserves the right to remove any content or any other material or information available on or through our Sites, at any time, for any reason. Peaks otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with Peaks
Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our Designated Agent at the following address:
Fitzgerald & Isaacson, LLP
Any notification to Peaks under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
- An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- An identification of the content or material that you claim is infringing and where it is located on our Sites;
- Information sufficient for Peaks to contact you, such as your address, telephone number, and/or email address;
- A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- A signed statement by you that the above information in your notice is accurate and that, under