2. Restrictions on Use
The Application is owned and operated by The Peak and/or its affiliates and related companies, as further described in Section 5 below. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, trade names and other information including, without limitation, the “look and feel” of the Applications are proprietary to The Peak and/or our third-party licensors. Wherever possible, Content & Services are protected by applicable copyright and trademark laws.
Except as otherwise expressly set forth herein, Licensee shall not:
(a) copy, publish, post, display, or otherwise reproduce the Application in any manner;
(b) modify, translate, adapt, perform, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transmit, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
3. Reservation of Rights
You acknowledge and agree that the Application is licensed to you as consideration for, and is subject to the terms of, this EULA. You do not acquire any ownership interest in the Application pursuant to this EULA. By accepting this Agreement, The Peak grants you a revocable, limited license to use the Application; provided, however, that your use shall be strictly in accordance with all terms, conditions, and restrictions contained herein. The Peak reserves and shall retain all rights, title, and interest in and to the Application, including but not limited to all copyrights, trademarks, proprietary assets, and all other intellectual property rights therein or relating thereto, except as otherwise expressly granted to you by this EULA.
4. Collection and Use of Your Information
5. Content and Services
The Application may provide you with access to: (i) our websites, including thepeakok.com, along with any and all branded websites for each of the affiliates or brands of the Company (collectively, the “Website”); (ii) our social media properties; (iii) other web-based assets operated or owned by The Peak; (iv) certain products and services accessible by the Application; and (v) any features, functionality, or content which may be accessible on or through the Application or be hosted on the Website (collectively, the “Content & Services”).
6. Geographic Restrictions
The Content & Services are based in the United States, in the State of Oklahoma, and are provided for access and use only by persons located in the United States. You acknowledge that, when Outside of the United States and/or the State of Oklahoma, you may not be able to access all or some of the Content & Services, and that access thereto may not be possible or legally permissible by certain persons or in certain jurisdictions. By accessing the Content & Services, or by your continued use of our Application or Website, you agree and acknowledge that you, and not the Company, are solely responsible for compliance with all laws and regulations applicable to you at the time of such use or access.
The Peak may from time to time, with or without notice and in our sole discretion, develop and provide Application updates, which may include but are not limited to: upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”).
Such Updates may add new features or functionality, or may modify or delete in their entirety certain features and functionality previously available. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further understand and acknowledge that The Peak may also elect to forego Updates entirely, or to issue Updates only for certain operating systems or devices.
Based on your Mobile Device settings, when your Mobile Device is connected to the internet, Updates may be issued by: (a) the Application automatically downloading and installing all available Updates; or (b) you may receive notice, of or be prompted to, download and install newly available Updates. Provided, however, that the methods described herein are not intended to be all-inclusive, and Updates may be issued using methods not noted above.
By your use of the Application, you agree to promptly download and install all Updates, and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to install any Update. You further agree and acknowledge that all Updates will be deemed part of the Application and shall thereby be subject to all of the same terms and conditions of this Agreement and our related agreements, where applicable.
8. Links to Third Party Sites
The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that The Peak is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Peak does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
The links which we might place on our Application or Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
9. Term & Termination
The term of this Agreement commences when you download or install the Application and acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section 9.
(a) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
(b) The Peak may terminate this Agreement at any time, with or without notice, which it may do in its sole discretion. Termination may also occur by an action or inaction of The Peak when such (in)action is intended by us to have the effect of termination; including but not limited to our removal of the Application from the Application Stores or if we affirmatively elect to cease supporting the Application.
(c) In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms of this Agreement or its related agreements, or if your use of the Application, Website, or any other asset under the ownership or control of The Peak, violates any law or regulation which applies to you or your use.
(d) Upon termination:
(i) all rights granted to you under this Agreement terminate immediately;
(ii) you shall cease all use of the Application and delete all copies of the Application from your Mobile Device(s) and account(s); and
(iii) termination will not limit any of The Peak’s rights or remedies at law or in equity.
10. Disclaimer of Warranties
You expressly acknowledge, understand, and agree that:
(a) To the maximum extent permitted by law, the entire risk arising out of your access to and use of the Website, Application, and Content & Services, is assumed by you and remains with you;
(b) THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
(c) The Peak and its affiliates, officers, directors, managers, shareholders, owners, employees, contractors, consultants, and agents make no guarantee or warranty that: (i) the Website, Application, and Content & Services will satisfy your needs and requirements or will be compatible with your equipment; (ii) the Website, Application, and Content & Services and all affiliated websites, features, services, communications, and applications, will be comprehensive, uninterrupted, timely, secure, or error-free, or be free from loss, destruction, corruption, online attack, viruses, worms, or other invasive, harmful, or corrupted or other related intrusions; (iii) the information, data, or results realized or obtained from your use of the Website will be accurate, up to date, satisfactory or reliable or fit or useful for any specific purpose; (iv) the quality or value of any properties, services, products, information, or other materials purchased or obtained by you through the Website, Application, and Content & Services will meet your expectations; (v) that any offer made or message sent will be successfully transmitted, received, and processed; and (vi) any errors in the guidelines, software, or protocols will be corrected or resolved.
(d) The Peak is unable to guarantee consistent, continuous, or secure access to its websites, applications, services, programs, content, and network, and operation of the Website, Application, and Content & Services may be interfered with or delayed by numerous potential factors outside of The Peak’ control.
(e) Any product or program downloaded or otherwise obtained through the use of the Website, Application, and Content & Services is accessed at your own discretion and risk, and you will be solely responsible and fully liable for any damage to your computer system or mobile device, loss of data, or any other loss or damage that results from the download or use of any such product, material, application, feature, or other program.
(f) All content, including medical or legal information, strategy, guidelines, or related content, whether oral or written, obtained by you from The Peak or from the Website, Services, or relevant social media pages is intended for informational and educational purposes only. Such information is not intended to be legal advice and/or medical advice, diagnosis, or treatment. You should consult an attorney for legal advice regarding your individual situation and/or a doctor or other qualified health care provider if you have any questions about any medical conditions.
(g) No information, including medical or legal information, strategy, guidelines, or related content, whether oral or written, obtained by you from The Peak or from the Website, Services, Content & Services, or relevant Social Media assets shall create any warranty, guarantee, or strategy not expressly stated in these Terms.
(h) The Peak cannot and does not control any User Content and, as such, does not guarantee the accuracy, integrity, quality, safety, legality, morality, and/or authenticity of such content, the truth or accuracy of users’ content, the ability of listings to confirm product availability or pricing, or the ability of users to confirm experiences from using or purchasing specific products discussed or sold on the Website, Application, or Content & Services.
11. Limitation of Liability
You expressly acknowledge, understand, and agree that:
(a) The Peak and its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors shall bear no liability whatsoever, whether in contract, warranty, tort (including negligence), product liability, or any other legal theory for any costs or damages of any kind resulting from technical disruptions, computer malfunctions, computer viruses, third-party modifications to the Website, Application, or Content & Services, or any other event beyond The Peak’s reasonable control.
(c) Neither The Peak nor its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors shall be liable for any defaults, costs, the contents of any documents or User Contents, or interactions between or among users, including users, listings, physicians, and all related parties.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and The Peak. Some states, counties, or jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential, or other related damages or losses.
You may contact The Peak or issue Notice to us by certified mail, with return receipt, to the address provided below, along with a copy to the email address noted below.
The Peak Dispensary
3705 W Memorial Rd, Ste 310
Oklahoma City, OK 73134
The controller and responsible entity for your personal information is Initech TPS Ventures, LLC, and where you interact directly with another The Peak Group entity, they will also be a controller of your personal information, together with Initech TPS Ventures, LLC. As noted above, this Policy applies to The Peak and its affiliates and subsidiaries; data subjects may exercise their rights regarding their personal information that we process pursuant to this Policy by contacting The Peak online, by email or by mail, as set forth above.
13. Choice of Law / Venue
14. Entire Agreement
15. Resolution of Disputes / Arbitration
If any dispute arises under or with respect to these Terms, you and The Peak agree that the parties shall first attempt to resolve the dispute through negotiation between them. If the parties cannot resolve the dispute after 30 days of negotiation, then the parties shall submit the dispute to binding arbitration before a single arbitrator in accordance with the American Arbitration Association’s (the “AAA”) then-current version of their Commercial Arbitration Rules (the “Rules). The arbitration shall be conducted in Oklahoma City, Oklahoma, and judgment on the award may be entered in any court having proper jurisdiction.
In the event arbitration is necessary, the parties agree that they shall each select three Oklahoma City-based arbitrators within 10 days after the filing of a demand and submission pursuant to the Rules. If the parties fail to agree on three arbitrators within that 10-day period or fail to agree to an extension of that period, the arbitration shall take place before three arbitrators selected in accordance the Rules. At least one of the arbitrators shall constitute an individual selected by The Peak, in their sole discretion and at their option, who has adequate knowledge or experience with Oklahoma’s cannabis-related laws and regulations. A decision or award by a majority of the arbitrators shall constitute the decision or award of the arbitrators.
TO THE EXTENT ALLOWED BY LAW, (A) EACH PARTY WAIVES ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR TO ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING, AND (B) WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.