d) Errors: While our goal is an error-free customer experience, we do not guarantee that any Content is 100% accurate or complete, including price information for products. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your purchase. The Peak reserves the right to cancel, terminate or not to process orders (including accepted orders), where the price or other material Content listed is incorrect or inaccurate (including after a purchase has been made).
5. User-Generated Content
Our Websites and Apps may permit the submission of content, such as photographs, comments, and reviews generated by you (“User Content”).
You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information, feedback, suggestions or other ideas that you submit to or post or publish on the Websites is non-confidential and non-proprietary and we may adopt, adapt or otherwise use any User Content (in whole or in part) without any compensation or notice to you.
By submitting User Content, you represent and warrant to The Peak that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize The Peak to use and reproduce your User Content as contemplated in these Terms, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate the User Code of Conduct set forth below.
As between you and The Peak, you will retain all of your ownership rights in and to your User Content. By submitting User Content to our Websites, you hereby grant to The Peak a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that The Peak (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also waive your moral rights to the User Content, and hereby grant each user of the Websites a non-exclusive license to access your User Content through the Websites.
The Peak does not endorse any User Content or any opinion, recommendation, or advice expressed therein. The Peak reserves the right but is not obligated to monitor User Content or other content sent to or through the Websites. The Peak has the right to refuse, remove or delete any User Content and/or to terminate any user's account and access to the Websites if The Peak determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms. The Peak takes no responsibility for and expressly disclaims any and all liability in connection with any User Content.
6. Social Media
The Peak recognizes the value and power of social media channels for communication with patients, health care professionals, and the community. Social media channels include, but are not limited to, posts on social networking or affinity sites (such as Facebook, Instagram, TikTok, LinkedIn, and related social media sites); blogs and other on-line journals and diaries; bulletin boards and chat rooms; microblogging, such as Twitter; posts of video or audio on media-sharing sites, such as YouTube or Flickr, and other online forums, message boards, discussion groups, blogs and wikis (“Social Media”).
The Peak is active on Social Media and recognizes that these are public forums and it cannot protect information posted by users to its Social Media pages, including personal information. The Peak welcomes open discussion, but we request that users remain respectful and constructive in their comments and posts (“Social Media Content”). This relates not only to Social Media Content directed to The Peak, but to other users on our Social Media pages as well.
In addition to these Terms, which include the User Code of Conduct set forth below, The Peak requires users to comply with guidelines currently in place on Social Media channels that are being used to communicate Social Media Content.
The Peak reserves the right but is not obligated to monitor Social Media Content posted on its Social Media pages. The Peak has the right to refuse, remove or delete any Social Media Content if The Peak determines, in its sole and absolute discretion, that such Social Media Content violates or has violated these Terms or those of the Social Media channel. The Peak takes no responsibility for and expressly disclaims any and all liability in connection with Social Media Content posted on its Social Media pages.
7. User Code of Conduct
By submitting User Content, posting Social Media Content on our Social Media pages, and as a condition of your continued access to and use of our Websites, you agree to abide by all applicable federal, provincial, territorial, local and other laws and regulations and the “Code of Conduct” set forth below. Specifically, in addition, without limiting the foregoing, you agree not to:
1) submit any User Content or post any Social Media Content that is violates third-party intellectual property or proprietary rights (including any privacy and publicity rights);
2) upload, post, comment, e-mail or otherwise transmit any statements, material, Social Media Content or User Content that:
a. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial electronic message;
b. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
c. contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or
d. otherwise encourages criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
3) harvest or otherwise collect, use or store any information (including personal information) about other users of the Websites or Social Media pages, including e-mail addresses, or use any User Content or Social Media Content without the express consent of such users;
4) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Websites or posted on our Social Media pages;
5) attempt to gain unauthorized access to the Websites, other computer systems or networks connected to the Websites, through password mining or any other means;
6) interfere with or disrupt networks or servers connected to the Websites or violate the regulations, policies or procedures of such networks; or
7) use, download or otherwise copy, or provide to any person or entity any Website user directory or other user or usage information or any portion thereof other than in the context of your use of the Websites.
The Peak retains the right, at its sole discretion, to deny access and use of the Apps or Websites to anyone, at any time and for any reason, including, but not limited to, for violation of these Terms. You will cease and desist from using the Websites immediately upon request by The Peak to do so.
8. Links to Third Party Sites
Our Websites or Apps might offer you links to other sites on the Internet such as applicable provincial cannabis stores that are owned and operated by third parties and that are not affiliated with The Peak. Please understand that The Peak has no control over the content of such websites. Consequently, we cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.
The links which we might place on our Apps or Websites 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. Copyright Infringement
It is The Peak’s policy, in appropriate circumstances and at its discretion, to disable, eliminate access to, and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights of others.
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which can be found on the U.S. Copyright Office website, The Peak will respond appropriately to claims and reports of copyright infringement taking place on or through the Websites.
If you are a copyright owner, an authorized representative of a copyright owner, or an authorized representative permitted to act under an exclusive right per an applicable copyright, please report alleged copyright infringements taking place on or through the Websites by completing the following DMCA Notice of Alleged Infringement and delivering it to The Peak in accordance with the DMCA and these Terms. Upon receipt of a properly completed and delivered DMCA Notice of Alleged Infringement, The Peak will take whatever action it deems appropriate in its sole discretion, but subject to its obligations under the DMCA, including removal of the challenged material from the Websites or Apps.
DMCA Notice of Alleged Infringement (“Notice”)
a. Identify the copyrighted work that you claim has been infringed, or—if multiple copyrighted works are covered by this Notice—provide a comprehensive list of the copyrighted works that you claim have been infringed;
b. Identify the material that you claim is infringing (i.e., the material you want removed, or material that you want all access disabled to) and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Websites or Apps where such material may be found;
c. Provide your mailing address, telephone number, and, if available, email address;
d. Include both of the following statements in the body of the Notice:
(i) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”; and
(ii) “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
e. Provide your full legal name and your electronic or physical signature.
f. Deliver this Notice, with all above items completed, to The Peak at the notice address noted in § 12 below, along with email communication to firstname.lastname@example.org.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a Notice automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by The Peak in connection with the Notice and allegation of copyright infringement.
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 Websites, Apps, and Content, is assumed by you and remains with you;
b. THE WEBSITES, APPS, AND CONTENT ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS”, AND "AS AVAILABLE" BASIS. The Peak and its affiliates, officers, directors, managers, shareholders, owners, employees, contractors, consultants, and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and quality of service, or any other potential or actual warranty of any kind.
c. The Peak and its affiliates, officers, directors, managers, shareholders, owners, employees, contractors, consultants, and agents make no guarantee or warranty that: (i) the Websites, Apps, and Content will satisfy your needs and requirements or will be compatible with your equipment; (ii) the Websites, Apps, and Content 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 Websites 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 Websites, Apps, and Content 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 Websites, Apps, and Content 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 Websites, Apps, and Content 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 Websites, 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 Websites, Services, Content, 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 Websites, Apps, or Content."
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 Websites, Apps, or Content, 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. Accordingly, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Nothing herein is intended to limit any rights you may have which may not be lawfully limited.
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.