Terms of Use

Last Updated: May 26, 2023

These Terms of Use (“Terms”) govern your use of the websites and mobile applications (collectively, the “Sites”) operated by High Peaks Inc. (together, “High Peaks,” “we,” “us” or “our”) These Terms represent a binding contract between you and us  By accessing the Sites, you expressly agree to be bound by them. If you do not agree to be bound by the terms and conditions of these Terms, you may not use the Sites.

PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU HAVE AGAINST HIGH PEAKS ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

Disclaimer: We are not a health care provider. The Sites and services obtained via the Sites do not constitute medical advice. Likewise, the information and services provided through the Sites do not constitute tax, legal, accounting, financial, or other similar professional advice. The content of the Sites is intended for general informational purposes only. The Sites are not intended to be relied upon and are not a substitute for qualified professional advice based on any individual circumstances. We are not liable or responsible for any consequence of your having read or relied upon any content presented on or available through the Sites, as you acknowledge that you assume full responsibility for your decisions and actions.

The information contained on the Sites is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional.  Information and statements regarding our products have not been evaluated by the Food and Drug Administration.  Our products are not intended to diagnose, mitigate, treat, cure, or prevent any disease or medical condition.  High Peaks products are not recommended for children or women who are pregnant or lactating. We recommend consulting with your doctor or other health care professional health professional before using any of our products, particularly if you are taking any medications or have a medical condition.

1. Registration, Account Creation, and Passwords

To access certain portions of the Sites, you may be required or permitted to create an online account. You agree to provide truthful and accurate information during the account creation process. You agree to maintain the accuracy of any data you submit.

You are responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used.

We have the right to suspend or cancel your account if we believe you have violated these Terms. If we suspend or cancel access to your account, you may be prevented from accessing the Sites (temporarily or permanently), your account details and/or any files or other website content contained in or accessible through your account, all of which may be deleted by us. Such suspension or cancellation of your account will mean that you may lose access to all content submitted by you.

2. Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Sites violate any laws in your jurisdiction (including but not limited to copyright laws).  A breach or violation of any of the Terms will result in an immediate termination of your right to use our services or our Site.

Certain products or services may be available exclusively online through the Sites. These products or services may have limited quantities and are subject to return or exchange only upon request approval from High Peaks.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.

3. General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

4. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available through the Sites is not accurate, complete or current. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Sites is at your own risk.

The Sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our Sites.

5. Billing and Account information

You may have the option of creating an account with us when you make a purchase on the Site. You agree not to (i) select, register, or attempt to register, or use the name or any other identifiable information of another person with the intention of impersonating that person; (ii) use the name of anyone else without authorization; (iii) use a name in violation of the intellectual property rights of any person; or (iv) use a name that we consider to be offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used.

You should not authorize any third party to access or to use the site in order to act on your behalf. If you do so, you will be responsible for all acts and/or omissions of that third party on or in connection with the site.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

6. User Conduct

By using the Sites, you agree to not use the Sites in any manner that:

• Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
• Interferes with or disrupts the Sites, services connected to the Sites, or otherwise interferes with operations or services of the Sites in any way;
• Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
• Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Causes High Peaks to lose (in whole or in part) the services of our Internet service providers or other suppliers;
• Links to content, directly or indirectly, to which you do not have a right to link;
• Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by High Peaks in its sole discretion;
• Fraudulent facilitation of political contributions;
• Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof;
• Violates, or encourages anyone to violate these Terms, any ancillary terms and conditions listed on the Sites, or the Privacy Policy; or
• Violates, or encourages to violate, any applicable local, state, national, or international law, regulation, or order.

High Peaks shall have the right, but not the obligation, to monitor, evaluate, and analyze any use of and access to the Sites for any reason, including to determine compliance with these Terms.

7. Linking

We welcome links to Sites. You are usually free to establish a hypertext link to any of the Sites so long as the link does not create a false implication of sponsorship or endorsement of your site by any of the Sites or by High Peaks.

8. No Framing

Without the prior written permission of High Peaks, you may not frame, make it appear that a third-party website is presenting or endorsing, any of the content of the Sites, or incorporate any intellectual property of the Sites or High Peaks into another website or other service.

9. Age Limitation

You must be above the age of majority in your jurisdiction to use the Sites. If you are not above the age of majority in your jurisdiction, you are prohibited from using the Sites.

10. Copyright and Trademark Ownership

The Sites and their content, features and functionality, including, without limitation, information, text, graphics, logos, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof (collectively, the “High Peaks Content”), are the exclusive property of High Peaks, our licensors or other content suppliers, and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent. You may download information from the Sites and print out a hard copy provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any information or High Peaks Content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of High Peaks or any applicable third party suppliers. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

We are providing you with access to the Sites pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can use the Sites for personal, non-commercial use, and subject to these Terms. This license is available to you as long as you are not barred from the Sites by applicable law, your account is not terminated by us or by you, and your right to use the Sites is not otherwise prohibited by us. If these Terms are not enforceable where you are located, you may not use the Sites. High Peaks reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

11. Your Intellectual Property Rights and License Grant

Some features on our Sites may allow you to post or submit content and materials for publication on the Sites (“Your Content”). You own any intellectual property rights to Your Content, but you grant High Peaks a royalty-free, perpetual, irrevocable, worldwide, unlimited, sub-licensable, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) Your Content in any media or medium, and in any form, format, or forum now known or hereafter developed.

High Peaks will have the right, but not the obligation, in our sole discretion, to edit, move, delete, or refuse to make available any of Your Content made, submitted or posted through the Sites for any reason, including for violation of these Terms or in connection with account termination procedures addressed in Section 1. That being said, you are responsible for Your Content, and acknowledge that, once published, we cannot always remove it.

12. Links to External Websites

The Sites may contain links to other websites, including third-party advertisements located on the Sites. We are not responsible for the availability of these external websites nor do we necessarily endorse the activities, services, or products available or offered through such websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods, or services available on such external websites or third-party advertisements.

13. Privacy

Please see our Privacy Policy for information on our privacy practices, including how we collect, use and disclose personal information.

14. Disclaimer of Warranties

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE SITES AND THE CONTENT ON THE SITES ARE PROVIDED “AS IS.” HIGH PEAKS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS ON THE SITES, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. HIGH PEAKS DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HIGH PEAKS OR A REPRESENTATIVE SHALL CREATE A WARRANTY. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS SECTION EXCLUDES OR LIMITS ANY WARRANTIES, CONDITIONS, OR GUARANTEES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

HIGH PEAKS DOES NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. HIGH PEAKS DOES NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. HIGH PEAKS DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

FURTHER, HIGH PEAKS DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL HIGH PEAKS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.

15. Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

TO THE FULLEST EXTENT PERMITTED UNDER LAW, HIGH PEAKS WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SITES, EVEN IF HIGH PEAKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SITES, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITES, OR (v) ANY OTHER MATTER RELATING TO THE SITES.

WHEN USING THE SITES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF HIGH PEAKS, ITS PARTNERS, AND SPONSORS OR ANY OTHER THIRD PARTY MENTIONED ON THE SITES. ACCORDINGLY, HIGH PEAKS ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

16. Dispute Resolution and Agreement to Arbitrate

The laws of certain jurisdictions do not allow for mandatory arbitration. If these laws apply to you, some or all of the mandatory arbitration requirements below may not apply to you, and you may have additional rights.

Except where and to the extent prohibited by law, by using the Sites, you and High Peaks agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites or the breach, enforcement, interpretation, or validity of these Terms or any part of it, other than disputes relating to High Peaks’ intellectual property (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty days in which to respond to or settle the Dispute. Notice shall be sent to:

• Us at: High Peaks, ATTN: Privacy, 26 Corporate Circle, East Syracuse, NY 13057; and
• You at: your last-used billing address or the billing and/or shipping address used upon check-out on this website.

Both you and High Peaks agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services, Inc. (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable.

Notwithstanding the foregoing, you and High Peaks may exercise any rights under applicable law to bring an action before a court or tribunal, or to seek a legal remedy, to the extent that arbitration of such rights cannot be required by contract.

17. Choice of Law and Choice of Forum

Except as otherwise provided herein and subject to applicable law, these Terms have been made in and shall be construed in accordance with the laws of New York, New York, without giving effect to any conflict of law principles. Any disputes or claims not subject to the arbitration provision above shall be resolved by a court located in the New York, New York area and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

18. Digital Millennium Copyright Act Notice

We comply with the provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of copyrighted material on our Sites, please contact the U.S. Copyright Office agent designated to respond to reports alleging copyright infringement. In the subject line of your message, please put “Re: Claim of Copyright Infringement.”

U.S. Copyright Office

101 Independence Ave. S.E.

Washington, D.C. 20559-6000

(202) 707-3000 or Toll-Free 1 (877) 476-0778

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice to our users by means of a general notice on any of our Sites, electronic mail to a user’s email address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

19. Modification of these Terms and Termination

We reserve the right to modify these Terms at any time. When we do so, we will update the “Last Updated” date above. You will be notified of any material changes to these Terms via a posting on the Sites and/or via email at the email address we have on file for you.

We retain the right to terminate these Terms with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of a breach by you of these Terms.

20. Contact Us

If you have any questions, comments or concerns about these Terms, please contact us at:

High Peaks

ATTN: Privacy

26 Corporate Circle, STE 2

East Syracuse, NY 13057

Toll-Free Phone Number: 1-888-654-3223

E-mail address: info@highpeaks.com

Or, use this link: https://highpeaks.com/contact/