Terms of Service
YOU AFFIRM THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, AND TO ABIDE BY AND COMPLY WITH THIS AGREEMENT, AND YOU HEREBY ACCEPT THE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE SERVICES AND EXIT NOW.
1. Privacy Practices
2. Services Provided
– No Medical Care or Advice by Peachy
(a) The Portal is designed to enable you to request and book certain professional services to be provided by a licensed medical professional, as appropriate, that contracts with Peachy. Peachy DOES NOT PROVIDE MEDICAL SERVICES OR MEDICAL ADVICE. User acknowledges and agrees that the Services and Content offered by Peachy, our owners, members, shareholders, partners, managers, directors, officers, employees, independent contractors, and agents is not medical advice or care, and that, no patient-provider relationship is being established by you visiting or using this Site. User acknowledges and agrees that the Content being provided on this Site is educational information only. The Content contained on this Site is not intended to recommend the self-management of health problems or wellness, nor is it intended to endorse or recommend any particular type of medical treatment. Should User have any health care related questions, promptly call or consult your physician or healthcare provider. No Content contained on this Site should be used by User to disregard medical and/or health related advice or provide a basis to delay consultation with a physician or a qualified healthcare provider. If you think you may have a medical emergency, go to the nearest hospital emergency department, or call 911 immediately.
Peachy does not provide medical advice or care. The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Peachy. Any articles, recommendations, treatment suggestions, or other content displayed or linked on the Site or through your use of the Services, are authored, created, chosen, and provided at the direction of third parties (such as PC) and not Peachy. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Peachy, or in connection with any communications supported by Peachy, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While Peachy facilitates your selection of, and consultation with, Providers, Peachy does not provide medical services, and the provider-patient relationship is between you and the PC Provider you select.
Peachy contracts with PC, an independent, physician-owned medical group with a network of United States based Providers who provide clinical services. Peachy provides administrative and business support services to the PC. PC Providers deliver clinical services via the Peachy clinics to their patients. Peachy licenses the “CAROLYN TREASURE MD PC” brand name to the independently owned and operated medical practices that use its platform and its administrative, business support, and other services. Providers are independently contracted or employed by the PC. Providers are not contracted or employed by Peachy. The Providers, and not Peachy, are responsible for the quality and appropriateness of the care they render to you. Peachy and the PC do not provide any legal advice or representations in any way regarding any legal issues associated with advice, information, goods, or services offered by a Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations.
The medical services, treatment and care you receive may vary depending on the Provider you interact with. Please contact your Provider or the PC directly for any questions regarding your care or medical treatment.
3. User IDs.
User will comply with all of Peachy’s rules and regulations and security restrictions in connection with use of the Services. If you decide to register for an account with Peachy for access to and use of the Services, you must provide your e-mail address and create a password (“User ID”). User shall be solely responsible for ensuring the security and confidentiality of all User IDs. User acknowledges that it will be fully responsible for all liabilities incurred through its inappropriate use of any User ID and that any transactions under a User ID will be deemed to have been performed by User. Use or disclosure of any User ID by User, other than as provided in this Agreement, shall be considered a breach of this Agreement by User. User may not assign or otherwise transfer its User ID to any other user of the Services, and User shall use reasonable efforts to ensure that no unauthorized person shall have access to its User ID. Peachy reserves the right to immediately terminate your use of the Services should you fail to comply with any of the foregoing requirements.
4. Proprietary Rights.
(a) User acknowledges Peachy’s proprietary rights in the Services, Technology (as defined in Section 4(c) below) and Content (as defined below in this Section 4(a)) and shall protect the proprietary nature thereof. Peachy retains all right, title and interest in and to the Services, Technology, and Content, subject only to the licenses expressly granted under this Agreement and separately to third parties. “Content” includes all information and documentation made available through the Services, including but not limited to text, data, files, documents, software, scripts, layout, design, function and “look and feel,” graphics, images, interactive features, media, information, and any other materials that you may view and access through the Services. Occasionally there may be Content that contains typographical errors, inaccuracies or omissions. Peachy reserves the right to correct any errors, inaccuracies or omissions in Content; however, Peachy undertakes no obligation to update, amend or clarify Content, except as required by law. No specified update or freshness date applied to the Services should be taken to indicate that all Content has been modified or updated.
(b) You acknowledge and agree that any and all questions, comments, ideas, feedback, modifications, revisions, enhancements, adaptations, features, translations, or derivative works of or created from the Services or other information provided by you to Peachy (collectively, “Feedback”) shall be owned solely and exclusively by Peachy, and are not confidential. Peachy may reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion. If User suggests any Feedback for the Services that Peachy subsequently incorporates into the Services (or any other software or service), User further acknowledges that (i) Peachy shall own, and has all rights to use such Feedback, (ii) the Services (or any other service) incorporating such Feedback shall be the sole and exclusive property of Peachy; and (iii) all such Feedback shall be free from any confidentiality restrictions that might otherwise be imposed upon Peachy.
(c) Users have the ability to access and use the object code of certain technology and intellectual property owned by Peachy or its third-party licensors (the “Technology”). Subject to Users’ compliance with the Terms and Conditions, Peachy hereby grants Users a limited, non-exclusive, non-transferable, non-sublicensable right and license to access and use the Technology solely for its intended purpose as contemplated in this Agreement. User acknowledges and agrees that, as between User and Peachy, User is solely responsible and liable for its acts and omissions. User shall not: (i) except as expressly permitted herein, license, sublicense, sell, resell, rent, lease, transfer, distribute, disclose, assign, pledge, time share or otherwise make the Technology available to any third party; (ii) use the Technology in violation of applicable laws or this Agreement; or (iii) interfere with or disrupt the integrity or performance of the Technology or the data contained therein.
(d) Our Services, their entire Contents, trademarks, service marks, logos, slogans, taglines, features and functionality displayed on or through the Services (including but not limited to all information, software, text, displays, images, video, audio, platforms, algorithms, technology, any information, services, selection and arrangement thereof and any modifications, enhancements, and derivatives thereof), are the property of Peachy or their respective owners, and may be protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines, features and functionality displayed on or through the Services without the express written permission of Peachy, or such third-party that may own the trademark, service mark, logo, slogan or tagline. You may not remove or alter, or cause to be removed or altered any copyright, trade name, trademark, service mark, logo or any other proprietary notice of legend appearing on this Site.
5. User Information; Data Retention and Collection.
(b) Peachy shall have the right to utilize data capture, syndication and analysis tools, and other similar tools, to extract, compile, synthesize and analyze any non-personally identifiable data or information (including, without limitation, User Information) resulting from User’s access and use of the Services (“Blind Data”). To the extent that any Blind Data is collected by Peachy, such Blind Data shall be solely owned by Peachy, and may be used by Peachy for any lawful business purpose without a duty of accounting to User, provided that the Blind Data is used only in an aggregated, fully de-identified form, without specifically identifying the source of the Blind Data. Peachy agrees to comply with the applicable U.S. laws and regulations respecting the dissemination and use of such Blind Data.
(d) Peachy will not alter any information received from User through User’s use of the Services if such alteration would render the information inaccurate.
6. User Restrictions.
User agrees not to: (a) copy, decompile, reverse engineer, disassemble, attempt to derive the source code, modify, transcribe, store, translate, sell, lease, transfer, distribute or create derivative works of the Services, Technology or Content, in whole or in part, without the prior written approval of Peachy; (b) upload or distribute in any way files that contain viruses, trojans, worms, time bombs, logic bombs, corrupted files or any other similar software or programs that may damage the operation of the Services or another’s computer; (c) use the Services for illegal purposes; (d) violate or attempt to violate the security of the Services or use the Services to violate the security of other web sites by any method; (e) access data not intended for User or log into a server or account which User is not authorized to access; (f) remove, alter or obscure any proprietary notice or legend of Peachy or its licensors upon the Services, Content or Technology (g) interfere or disrupt networks connected to the Services; (h) upload, post, promote or transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful or racially, ethnically or otherwise objectionable material of any kind or nature; (i) upload amounts of data and/or materials in excess of any limits specified by Peachy from time to time and not to create large numbers of accounts or otherwise transmit large amounts of data so as to clog the Services or comprise a denial of service attack or otherwise so as to have a detrimental effect on the Services; or (j) upload, promote, transmit or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability. Peachy may take whatever remedial action it determines in its sole discretion is appropriate if User violates these restrictions, including, but not limited to, immediate suspension or cancellation of the Services.
7. Booking Service Payments, Refunds and Credits.
(a) By booking an appointment through the Booking Service, you agree to pay the fee indicated for the booked service to either Peachy or the applicable Peachy affiliate or subsidiary using one of our Payment Processors (defined below in Section 7(c)) for the state in which the booked service is being provided, as applicable. Payments will be charged at the time of rendering of the professional service.
(b) PEACHY REQUESTS AT LEAST 24-HOUR ADVANCED NOTICE OF CANCELLATION.
(c) By using the Booking Service, you hereby authorize Peachy or the applicable Peachy affiliate or subsidiary for the state in which the booked service is being provided, as applicable, to automatically charge your credit card (or other payment method) for the applicable fees or charges, plus any applicable taxes at the time of rendering of the professional service. Peachy does not accept health insurance as a form of payment in connection with any services. Peachy does not collect credit and debit card information directly through the Services and kindly asks you not to share this information with Peachy when submitting requests for additional information. Peachy partners with third-party payment card processors (“Payment Processor”) so that Users may purchase products and services. For Users submitting payments through the Services using one of our Payment Processors, please note that your credit and debit card information (number, expiration date, security code) is provided directly to the Payment Processor and is stored by the Payment Processor and not by Peachy, and as such, it is important to review the Payment Processor’s terms and conditions to understand its security practices. The processing of payments or credits, as applicable, in connection with your use of the Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. We are not responsible for any errors by the Payment Processor or your credit card issuer.
(d) If during the Booking Service process you misrepresent yourself in any manner, including but not limited to, a misrepresentation of your age or medical history, Peachy, or the applicable Peachy affiliate or subsidiary for the state in which the service is being provided, as applicable, and/or the licensed health care professional, reserve the right to cancel your booked service without notice or refund and charge you the full amount of the booked service (e.g., if, at the time of your booked service, you are under the influence of drugs or alcohol, the licensed health care professional will not perform the service and you will be charged the full amount).
8. Product Information
Peachy or the applicable Peachy affiliate or subsidiary attempts to be as accurate as possible. However, Peachy or the applicable Peachy affiliate or subsidiary does not warrant that product descriptions or other content of this Site is 100% accurate, complete, reliable, current, or error-free. If a product offered by Peachy or the applicable Peachy affiliate or subsidiary itself is not as described, your sole remedy is to return it in unused condition. You may purchase Peachy products only for personal use. You may not re-sell or otherwise purchase any Peachy products for commercial use. Any such re-sale for commercial use shall be in violation of these Conditions, including the limited license set forth herein. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
RISK OF LOSS
Items purchased from Peachy may be made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
You agree to defend, indemnify and hold harmless Peachy, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Site.
LINKS TO OTHER WEBSITES
This Site may contain links to outside services and resources. You acknowledge that (a) Peachy or the applicable Peachy affiliate or subsidiary is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (b) Peachy or the applicable Peachy affiliate or subsidiary is not responsible for any other form of transmission received from any linked site. Peachy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Peachy of the site. Any concerns regarding any such link should be directed to the particular third party website.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER LAW, PEACHY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PEACHY DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE OR ANY EMAIL SENT TO YOU ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. PEACHY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. PEACHY RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY IN NO EVENT SHALL PEACHY OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED; (B) THE PERFORMANCE OF THE SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE; OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF PEACHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST PEACHY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
9. Disclaimer of Warranties.
Although Peachy attempts to ensure the integrity and accurateness of the Site and Service descriptions, it makes no representation, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site.
Peachy and the PC each reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention or destruction policies.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NEITHER PEACHY CORP., ANY AFFILIATE OR SUBSIDIARY THEREOF, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS NOR AGENTS MAKES ANY REPRESENTATION OR WARRANTY (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, MERCHANTABILITY OR NONINFRINGEMENT. NEITHER PEACHY CORP., ANY AFFILIATE OR SUBSIDIARY THEREOF, NOR ANY OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS OR AGENTS WARRANTS THAT THE SERVICES WILL SATISFY YOUR REQUIREMENTS OR OPERATE UNINTERRUPTED OR ERROR-FREE. NEITHER PEACHY CORP., ANY AFFILIATE OR SUBSIDIARY THEREOF, NOR ANY OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS OR AGENTS WARRANTS ANY THIRD PARTY SOFTWARE, PRODUCTS OR EQUIPMENT. ALL CONTENT AVAILABLE THROUGH THE SERVICES IS INFORMATIONAL ONLY AND NEITHER PEACHY CORP., ANY AFFILIATE OR SUBSIDIARY THEREOF, NOR ANY OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS OR AGENTS REPRESENTS OR WARRANTS THAT ANY CONTENT IS ACCURATE, TIMELY, COMPLETE OR APPROPRIATE, OR THAT ANY ERRORS IN CONTENT MADE AVAILABLE THROUGH THE SERVICES WILL BE CORRECTED. USER ASSUMES THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO USER’S SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THE SERVICES. USER ALSO ACKNOWLEDGES THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT WHILE PEACHY WILL IMPLEMENT REASONABLE AND APPROPRIATE SECURITY PRECAUTIONS DESIGNED TO PREVENT SUCH OCCURRENCES, NEITHER PEACHY CORP., ANY AFFILIATE OR SUBSIDIARY THEREOF, NOR ANY OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS OR AGENTS GUARANTEES THAT SUCH EVENTS WILL NOT TAKE PLACE. USER SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR BACKING UP ALL USER DATA. THE DISCLAIMERS SET FORTH ABOVE ARE INDEPENDENT OF ANY OTHER REMEDY SET FORTH HEREIN, AND ARE INTENDED TO APPLY WHETHER OR NOT ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PEACHY CORP., ANY AFFILIATE OR SUBSIDIARY THEREOF, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS OR AGENTS, BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES, ITS CONTENT OR PRODUCTS, OR ANY OF THE THIRD PARTY CONTENT AVAILABLE THROUGH THE SERVICES, EVEN IF PEACHY CORP., ANY AFFILIATE OR SUBSIDIARY THEREOF, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS OR AGENTS, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, you agree to indemnify, hold harmless and defend Peachy Corp., any affiliate or subsidiary thereof, or any of their respective shareholders, members, directors, managers, officers, employees, independent contractors or agents, (each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees and costs) incurred by any Indemnified Party in connection with, arising out of, or related to, any third party claims in connection with, arising out of, or related to (a) your use of the Services; (b) your failure to comply with any applicable laws and regulations; and/or (c) your breach of any obligations set forth in the Terms and Conditions. You shall not settle any such claim without the prior written consent of the applicable Indemnified Party.
12. Term; Termination.
(a) This Agreement shall commence upon a User’s visit to the Site or Portal or Peachy providing User with access to the Services, and shall continue until terminated in accordance with the terms hereof. Peachy may terminate this Agreement immediately as it relates to a User in the event such User breaches any of the terms of the Agreement. Termination will be effective upon notice from Peachy. Subject to Section 11(b) hereof, User may terminate this Agreement at any time by ceasing to use the Services. Additionally, Peachy reserves the right to terminate access to the Services or take other actions it reasonably believes necessary to comply with the law or to protect its rights or the rights of its Users.
(b) Upon termination of this Agreement for any reason, User’s right to use the Services shall immediately cease. The terms and provisions of this Agreement, other than the continued use of the Services, shall survive any termination of this Agreement. Termination of this Agreement shall not relieve either Party of any obligation accrued prior to the termination date.
(c) User acknowledges and agrees that in the event of a material breach of this Agreement by User, in addition to any other damages available to Peachy or the Indemnified Parties at law or in equity, Peachy shall be entitled to injunctive relief against User (without the necessity for posting a bond).
13. CAN-SPAM Act and Telephone Consumer Protection Act Compliance
Peachy and the PC are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in Section 7, above (Consent to Receive Calls and Text Messages and Video Recordings). Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at the address listed below under the section “How to Contact Us.” You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit Peachy products or services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not: (a) infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); (b) propagate computer worms or viruses; (c) use a false identity; (d) attempt to gain unauthorized entry to any site or network; or (e) infringe copyrights, trademarks, or other intellectual property rights. You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold Peachy and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Peachy and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against Peachy or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your Account will be terminated for any of the above infractions.
14. Confidential Information.
(a) “Confidential Information” means the Services and all features, content and functionality therein, and/or other information disclosed by Peachy under this Agreement, provided any of the foregoing is designated as confidential or by its nature would reasonably be expected to be kept confidential.
(b) Notwithstanding the previous section, Peachy’s Confidential Information shall not include information that (i) is or becomes publicly available through no act or omission of User; (ii) was in User’s lawful possession prior to the disclosure and had not been obtained by User either directly or indirectly from Peachy as evidenced by written records; (iii) is lawfully disclosed to User by a third party not bound by a duty of non-disclosure; or (iv) is independently developed by User as evidenced by written records without access to or use of the Confidential Information.
(c) User agrees to hold the Confidential Information in confidence. User agrees not to make the Confidential Information available in any form to any third party or to use the Confidential Information for any purpose other than performing its obligations or enjoying its rights under this Agreement. User agrees to use the same degree of care that it uses to protect its own confidential information of a similar nature and value, but in no event less than a reasonable standard of care, to ensure that Confidential Information is not disclosed or distributed in violation of the provisions of this Agreement.
(d) Notwithstanding the foregoing, User may disclose the Confidential Information to the extent that such disclosure is required by law or court order, provided, however, that User provides to Peachy prior written notice of such disclosure and reasonable assistance in obtaining an order protecting the Confidential Information from public disclosure.
- Relationship Between The Parties.This Agreement shall not be construed as creating any agency, partnership, joint venture or other similar legal relationship between the Parties; nor will either Party hold itself out as an agent, partner or joint venture party of the other Party.
- Third Party Beneficiaries. Other than the indemnified parties who are third party beneficiaries of this Agreement, nothing in this Agreement shall be construed to create any third-party beneficiary rights in any person or entity.
- Compliance with Law.Each Party shall comply with all applicable laws and regulations of governmental bodies or agencies in its performance under this Agreement.
- Notice.Peachy may direct all notices intended for a User to the User’s email address provided upon registration of the Services (which User may update from time to time in the User settings available within the Services). All notices required to be delivered to Peachy shall be delivered to Peachy via e-mail at info@Peachy.com.
- Waiver.No waiver shall be implied from conduct or failure to enforce rights. No waiver shall be effective unless in a writing signed by the Parties.
- Severability.If any provision of this Agreement 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 this Agreement will continue in full force and effect.
- Assignment.User may not assign or delegate any of its rights, interest or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Peachy. Peachy may assign or delegate any of its rights, interest or obligations hereunder at any time in its discretion without the need to obtain User’s consent. . This Agreement shall bind and inure to the benefit of the Parties and their respective successors and permitted assigns.
- Governing Law; Arbitration.This Agreement and all claims related to it, its execution or the performance of the Parties under it, shall be construed and governed in all respects according to the internal laws of the State of New York without regard to the conflict of law provisions thereof. User hereby waives any right to bring any claim related to this Agreement in court (including any right to a trial by jury), except as provided by the rules of the arbitration forum in which a claim is filed. User waives any right it may have to start or participate in, and agrees to opt out of, any class action against Peachy Corp., any affiliate or subsidiary thereof, or any of their respective shareholders, members, directors, managers, officers, employees, independent contractors or agents, arising from or relating to the Services or this Agreement. Any controversy or claim arising out of or relating to this Agreement or the operation of the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, NY and the language of such arbitration shall be English. Peachy may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect Peachy’s rights or property pending the completion of arbitration. The arbitrator shall not have the authority, power or right to alter, change, amend, modify, add or subtract from any provision of this Agreement. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the Parties, and judgment may be entered thereon in any court of competent jurisdiction.
- Force Majeure. Neither Party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement where such delay or failure arises by reason of any Act of God, or any government or any governmental body, war, insurrection, acts of terrorism, the elements, strikes or labor disputes, or other similar or dissimilar causes beyond such Party’s control. Certain obligations may require the cooperation of third parties outside the control of a Party. In the event such third parties fail to cooperate in a manner that reasonably permits the performance of a Party’s obligations, such failures shall be considered as causes beyond the control of the Party for the purposes of this Section and shall not be the basis for a determination that such Party is in breach of any of its obligations under this Agreement or is otherwise liable.
- Right to Modify. Peachy may unilaterally, at its sole discretion, change, add, or delete portions of this Agreement at any time on a going-forward basis. Continued use of the Services following any such changes will indicate User’s acknowledgement of such changes and agreement to be bound by the revised Terms and Conditions, inclusive of such changes. Additionally, Peachy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that neither Peachy Corp., any affiliate or subsidiary thereof, nor any of their respective shareholders, members, directors, managers, officers, employees, independent contractors or agents, will be liable to you or any third party for any modification, suspension or discontinuance of the Services or any portion thereof.
If you have questions or concerns with respect to the Terms and Conditions, please contact Peachy using one of the following options:
Telephone Number: (212) 884-9663
Mailing Address: Peachy Corp. 281 Hudson Street New York, NY 10013
Last Updated: February 12, 2020