These Terms of Service ("Terms") constitute a binding legal agreement between you and THE STACK SOURCE LLC, doing business as Peptavo ("Peptavo," "we," "us," or "our"), governing your access to and use of peptavo.com and the peptide therapy training and certification course (the "Course"), together with all related content, features, and functionality (collectively, the "Services"). By creating an account, enrolling in the Course, making a payment, clicking to accept, or otherwise accessing or using the Services in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy and Cookie Policy, each of which is incorporated into these Terms by reference. If you do not agree to every provision of these Terms, you must not access or use the Services in any manner.
Please read Sections 3 through 6 and Sections 13 through 16 carefully. They describe the purely educational nature of the Course, your assumption of all risk arising from your clinical practice, a release of claims, a disclaimer of all warranties, a strict cap on our liability, your obligation to indemnify us, and a shortened deadline to bring any claim. Section 21 requires most disputes to be resolved by individual binding arbitration and waives your right to a jury trial and to participate in a class action. These provisions are a material part of the bargain between us and are reflected in the price you pay.
In these Terms, the "Peptavo Parties" means THE STACK SOURCE LLC and each of its past, present, and future parents, subsidiaries, and affiliates, and each of their respective members, managers, owners, officers, directors, employees, contractors, instructors, faculty, guest speakers, presenters, authors, medical reviewers, advisors, licensors, suppliers, service providers, agents, insurers, successors, and assigns. Every disclaimer, limitation, release, and indemnity in these Terms runs to the benefit of all of the Peptavo Parties, each of whom may enforce these Terms directly.
1. Eligibility
The Services are intended solely for licensed medical professionals, including physicians, nurse practitioners, physician assistants, pharmacists, nurses, and other licensed clinicians, and for individuals acting on behalf of such professionals in an administrative capacity. By using the Services, you represent and warrant that you are at least 18 years old, that you have the legal capacity to enter into a binding contract, and that, where applicable to the content you access, you hold an active, valid, and unrestricted license in good standing in your jurisdiction. We may request documentation to verify your credentials at any time, and we may deny, suspend, or revoke your access to the Services, without liability to you and without refund, if we determine in our sole discretion that you do not meet applicable eligibility requirements or that any information you provided is false, inaccurate, or misleading. We have no duty to verify, and do not verify, the licensure, competence, scope of practice, or fitness of any participant, and we bear no responsibility or liability for the acts or omissions of any participant, whether or not that participant met our eligibility requirements.
2. Account Registration
You must create an account to access most of the Course. You agree to provide accurate, current, and complete information during registration and to keep that information up to date, to maintain the confidentiality of your login credentials, and to notify us immediately of any unauthorized use of your account or any other breach of security. You are solely responsible for all activity that occurs under your account, whether or not authorized by you, and the Peptavo Parties are not liable for any loss or damage arising from your failure to safeguard your credentials.
3. Nature of the Course; No Medical Advice
THE COURSE IS PURELY INFORMATIONAL AND EDUCATIONAL IN NATURE. IT EXISTS SOLELY TO EXPOSE LICENSED CLINICIANS TO PUBLISHED LITERATURE, CLINICAL CONCEPTS, AND GENERAL SUBJECT-MATTER DISCUSSION REGARDING PEPTIDE THERAPY. NOTHING IN THE COURSE, INCLUDING ANY STATEMENT, SLIDE, DOCUMENT, HANDOUT, TEMPLATE, CONSENT FORM, DOSING TABLE, MONITORING CHART, VIDEO, DEMONSTRATION, OR ANSWER GIVEN BY AN INSTRUCTOR, GUEST SPEAKER, EMPLOYEE, CONTRACTOR, OR ANY OTHER PERSON ASSOCIATED WITH PEPTAVO, CONSTITUTES THE PRACTICE OF MEDICINE, MEDICAL ADVICE, LEGAL ADVICE, REGULATORY OR COMPLIANCE ADVICE, A CLINICAL RECOMMENDATION, A DOSING OR PRESCRIBING PROTOCOL, OR A DIRECTIVE OF ANY KIND FOR ANY SPECIFIC PATIENT, AND NO PROVIDER-PATIENT, CONSULTING, SUPERVISORY, COLLABORATIVE, ATTORNEY-CLIENT, OR OTHER PROFESSIONAL RELATIONSHIP IS CREATED BETWEEN YOU AND ANY OF THE PEPTAVO PARTIES AS A RESULT OF YOUR PARTICIPATION. ANY DOCUMENT, TEMPLATE, OR FORM MADE AVAILABLE THROUGH THE SERVICES IS A GENERIC EDUCATIONAL SPECIMEN ONLY, HAS NOT BEEN REVIEWED FOR YOUR JURISDICTION, PRACTICE, OR PATIENTS, AND MUST BE INDEPENDENTLY REVIEWED BY YOUR OWN COUNSEL AND ADAPTED BY YOU BEFORE ANY USE. COMPLETION OF THE COURSE AND ISSUANCE OF A CERTIFICATE DOES NOT CONFER ANY LICENSE, CERTIFICATION, APPROVAL, OR AUTHORIZATION TO PRESCRIBE, DISPENSE, COMPOUND, OR ADMINISTER ANY SUBSTANCE, AND IS NOT A SUBSTITUTE FOR YOUR OWN CLINICAL JUDGMENT, TRAINING, LICENSURE, OR INDEPENDENT RESEARCH. YOU REMAIN SOLELY, PERSONALLY, AND EXCLUSIVELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING AND COMPLYING WITH ALL LAWS, REGULATIONS, BOARD RULES, SCOPE-OF-PRACTICE LIMITATIONS, PAYER REQUIREMENTS, AND STANDARDS OF CARE APPLICABLE TO YOUR LICENSE, SPECIALTY, AND JURISDICTION BEFORE APPLYING ANYTHING YOU ENCOUNTER IN THE COURSE. YOU, AND ONLY YOU, ASSUME ALL RISK ASSOCIATED WITH ANY CLINICAL DECISION, EVALUATION, DIAGNOSIS, TREATMENT, PRESCRIPTION, OR ADVICE YOU PROVIDE TO OR WITHHOLD FROM ANY PATIENT, HOWEVER INFORMED BY THE COURSE, AND THE PEPTAVO PARTIES DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY, WHETHER DIRECT OR INDIRECT, FOR SUCH DECISIONS, EVALUATIONS, DIAGNOSES, TREATMENTS, PRESCRIPTIONS, OR ADVICE.
4. No Endorsement; Information Only
PEPTAVO IS AN INFORMATION AND EDUCATION PROVIDER. WE DO NOT PRACTICE MEDICINE, WE DO NOT PRESCRIBE OR DISPENSE ANYTHING, AND WE DO NOT EVALUATE, TREAT, OR ADVISE ANY PATIENT. ANY PEPTIDE, COMPOUND, PROTOCOL, DOSAGE, SUPPLIER, PHARMACY, LABORATORY, DEVICE, OR THIRD PARTY THAT IS MENTIONED, REFERENCED, DISCUSSED, OR DEPICTED ANYWHERE IN THE COURSE OR THE SERVICES IS MENTIONED SOLELY FOR EDUCATIONAL AND ILLUSTRATIVE DISCUSSION, AND ITS MENTION IS NOT, AND MUST NEVER BE CONSTRUED AS, AN ENDORSEMENT, RECOMMENDATION, APPROVAL, CERTIFICATION, VERIFICATION, OR GUARANTEE BY ANY OF THE PEPTAVO PARTIES OF THE SAFETY, LEGALITY, EFFICACY, QUALITY, OR APPROPRIATENESS OF THAT PEPTIDE, COMPOUND, PROTOCOL, DOSAGE, SUPPLIER, PHARMACY, LABORATORY, DEVICE, OR THIRD PARTY FOR ANY PURPOSE, PATIENT, OR PRACTICE SETTING. WE TAKE NO POSITION ON, AND EXPRESS NO OPINION REGARDING, WHETHER ANY PARTICULAR SUBSTANCE OR PRACTICE IS APPROPRIATE FOR YOU TO USE IN YOUR PRACTICE. THE REGULATORY STATUS OF ANY PEPTIDE OR COMPOUND MAY CHANGE AT ANY TIME AND VARIES BY JURISDICTION, AND WE MAKE NO REPRESENTATION THAT ANY SUBSTANCE DISCUSSED IS LAWFUL FOR YOU TO SOURCE, COMPOUND, PRESCRIBE, DISPENSE, OR ADMINISTER. EVERY DECISION ABOUT WHETHER, HOW, WHEN, AND ON WHOM TO USE ANY INFORMATION, PROTOCOL, SUBSTANCE, OR TECHNIQUE DISCUSSED IN THE COURSE IS MADE ENTIRELY AND EXCLUSIVELY BY YOU, IN YOUR SOLE PROFESSIONAL JUDGMENT AND AT YOUR SOLE RISK, AND IS WHOLLY OUTSIDE PEPTAVO'S CONTROL, KNOWLEDGE, AND RESPONSIBILITY. YOU AGREE THAT THE PEPTAVO PARTIES HAVE NO ROLE WHATSOEVER IN, AND BEAR NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR, WHAT YOU OR ANY OTHER PRACTITIONER SUBSEQUENTLY DOES WITH THE INFORMATION PROVIDED IN THE COURSE, INCLUDING ANY SOURCING, COMPOUNDING, PRESCRIBING, DISPENSING, ADMINISTERING, OR RECOMMENDING OF ANY SUBSTANCE TO ANY PATIENT OR THIRD PARTY.
5. No Guarantee of Results or Outcomes
WE MAKE NO GUARANTEE, PROMISE, OR REPRESENTATION OF ANY RESULT OF ANY KIND. WITHOUT LIMITING THAT STATEMENT, WE DO NOT GUARANTEE ANY CLINICAL OR PATIENT OUTCOME, ANY LEVEL OF SAFETY OR EFFICACY FOR ANY PATIENT, ANY REVENUE, PROFIT, PATIENT VOLUME, REIMBURSEMENT, OR BUSINESS RESULT FOR YOUR PRACTICE, ANY REDUCTION IN YOUR MALPRACTICE, REGULATORY, OR DISCIPLINARY EXPOSURE, ANY OUTCOME OF ANY BOARD, LICENSING, PAYER, CREDENTIALING, PRIVILEGING, INSURANCE, EMPLOYMENT, OR REGULATORY DECISION, OR ANY DETERMINATION THAT YOUR CONDUCT MET AN APPLICABLE STANDARD OF CARE. ANY EXAMPLE, CASE STUDY, TESTIMONIAL, EARNINGS FIGURE, PRACTICE MODEL, PRICING MODEL, OR OUTCOME DESCRIBED ANYWHERE IN THE SERVICES OR IN OUR MARKETING IS ILLUSTRATIVE ONLY, REFLECTS THE PARTICULAR CIRCUMSTANCES OF THE PERSON DESCRIBED, IS NOT TYPICAL, AND IS NOT A PREDICTION OR GUARANTEE OF WHAT YOU WILL EXPERIENCE. YOUR RESULTS DEPEND ENTIRELY ON FACTORS OUTSIDE OUR CONTROL, INCLUDING YOUR OWN TRAINING, JUDGMENT, EFFORT, MARKET, PATIENT POPULATION, AND JURISDICTION.
6. Assumption of Risk; Release; Covenant Not to Sue
YOU EXPRESSLY, KNOWINGLY, AND VOLUNTARILY ASSUME ALL RISK ARISING OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS TO OR USE OF THE SERVICES, YOUR RELIANCE ON ANY COURSE CONTENT, AND EVERY ACT OR OMISSION YOU UNDERTAKE IN YOUR PRACTICE THAT IS INFORMED BY, CONSISTENT WITH, OR UNDERTAKEN IN RELIANCE ON THE COURSE. THIS INCLUDES THE RISK OF PATIENT INJURY, ADVERSE EVENT, OR DEATH; THE RISK OF MALPRACTICE, NEGLIGENCE, PRODUCT LIABILITY, OR WRONGFUL DEATH CLAIMS; THE RISK OF INVESTIGATION, DISCIPLINE, SANCTION, SUSPENSION, OR LOSS OF LICENSURE, PRIVILEGES, DEA REGISTRATION, CREDENTIALING, OR INSURANCE; THE RISK OF CIVIL, ADMINISTRATIVE, OR CRIMINAL PROCEEDINGS; AND THE RISK OF FINANCIAL, REPUTATIONAL, OR BUSINESS LOSS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, ACQUIT, WAIVE, AND FOREVER DISCHARGE THE PEPTAVO PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, LOSSES, DAMAGES, COSTS, AND EXPENSES OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEN OR UNFORESEEN, PRESENT OR FUTURE, WHETHER SOUNDING IN CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THE COURSE CONTENT, OR YOUR PRACTICE OF MEDICINE. YOU EXPRESSLY INTEND THIS RELEASE TO COVER, AND IT DOES COVER, CLAIMS ARISING FROM THE PEPTAVO PARTIES' OWN NEGLIGENCE, INCLUDING ANY CLAIM OF NEGLIGENT INSTRUCTION, NEGLIGENT MISREPRESENTATION, NEGLIGENT OMISSION, NEGLIGENT PREPARATION OR REVIEW OF COURSE CONTENT, NEGLIGENT SELECTION OF INSTRUCTORS OR THIRD PARTIES, AND NEGLIGENT UNDERTAKING. YOU KNOWINGLY WAIVE THE BENEFIT OF ANY LAW OR PRINCIPLE THAT WOULD OTHERWISE LIMIT A GENERAL RELEASE TO CLAIMS YOU KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF THIS AGREEMENT. YOU FURTHER COVENANT NOT TO SUE OR TO COMMENCE, JOIN, OR ASSIST ANY PROCEEDING AGAINST ANY OF THE PEPTAVO PARTIES ARISING FROM ANY RELEASED MATTER, AND YOU AGREE THAT THIS SECTION MAY BE PLEADED AS A COMPLETE BAR AND DEFENSE TO ANY SUCH PROCEEDING. THIS RELEASE DOES NOT APPLY TO ANY LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT TO BE RELEASED OR WAIVED IN ADVANCE.
7. Enrollment, Fees, and Payment
Fees for the Course are displayed at checkout and are processed securely through our third-party payment processor, Stripe. By submitting payment information, you represent that you are authorized to use the applicable payment method, and you authorize us and Stripe to charge that payment method for the applicable fees, including any recurring fees for any subscription, installment, or payment plan you select, until you cancel in accordance with these Terms. All fees are stated exclusive of applicable sales, use, value-added, or other taxes unless expressly stated otherwise, and you are solely responsible for any such taxes. We may change our pricing at any time and in our sole discretion; changes will apply prospectively and will not alter the price of an enrollment you have already purchased. You are responsible for any fees, fines, or penalties imposed by your bank or card issuer, including for failed, disputed, or reversed charges, and we reserve the right to suspend or terminate your access to the Services immediately if any payment is declined, reversed, or charged back.
8. Refunds and Cancellation
Refund eligibility, if any, is described on our pricing page or in the enrollment materials provided at the time of purchase, and any such eligibility is offered solely at our discretion and does not create an ongoing entitlement. Unless we state otherwise in writing, all fees are non-refundable once you have accessed any material portion of the Course content, and we are under no obligation to issue a refund for any reason, including dissatisfaction, failure to complete the Course, or change of mind. You may cancel a recurring subscription at any time through your account settings or by contacting us; cancellation takes effect at the end of the then-current billing period, you will retain access through that period, and no partial refunds will be issued for the unused portion of a billing period.
9. Certification
Upon successful completion of the Course requirements, including any required assessments and any identity- or license-verification steps we require, we will issue a certificate of completion. Certificates are issued entirely at our discretion based on our own assessment of whether the stated completion criteria have been satisfied, and we make no guarantee that any particular employer, payer, board, or accrediting body will recognize, accept, or give weight to the certificate for any purpose. We may revoke, invalidate, or refuse to reissue a certificate at any time, without liability to you, if we determine that completion requirements were not genuinely met, including as a result of academic dishonesty, credential misrepresentation, sharing of account access, use of unauthorized assistance during assessments, or any other misuse of the Services, and in such cases no refund will be provided.
"Peptavo Certified" is a proprietary, private educational designation used solely to indicate that a participant satisfied Peptavo's Course requirements at a particular time. It is not a license, board certification, professional certification, accreditation, credential issued or recognized by any government, licensing board, medical board, specialty board, or independent accrediting organization, or an award of continuing medical education or continuing education credit. It does not establish or guarantee professional competence, clinical skill, patient outcomes, legal authority, eligibility for employment, reimbursement, credentialing, privileging, or compliance with any standard of care. You must not state or imply otherwise. To the maximum extent permitted by law, the Peptavo Parties are not responsible or liable for any reliance placed on the designation or certificate, any decision by an employer, patient, payer, regulator, licensing body, credentialing organization, or other third party to accept or reject it, or any claim arising from your display, description, use, or misuse of it.
10. Acceptable Use
You agree that you will not, and will not permit or assist any other person to, share, resell, sublicense, rent, lease, or otherwise provide access to your account or any Course materials to any third party; copy, reproduce, record, distribute, transmit, publicly display, or create derivative works from any Course content beyond the limited personal, non-commercial license granted in Section 11; reverse engineer, decompile, scrape, or use automated means to access or extract content from the Services; attempt to circumvent identity verification, licensure verification, paywalls, or assessment-integrity measures, or obtain unauthorized assistance during any quiz or examination; use the Services to build a competing product or service, or for any purpose competitive with Peptavo; impersonate any person or misrepresent your affiliation, credentials, or licensure status; upload or transmit any virus, malware, or other harmful code; or use the Services in any manner that violates any applicable law, regulation, professional obligation, or third-party right, or that we determine, in our sole discretion, is harmful to Peptavo, our users, or the integrity of the Services. We reserve the right to investigate suspected violations and to take any action we deem appropriate, including suspension or termination of your account without refund and, where warranted, referral to law enforcement or the appropriate licensing board.
11. Intellectual Property; Limited License
All Course content, curricula, video, text, graphics, software, assessments, trademarks, logos, and the Peptavo name and brand are owned by Peptavo or its licensors and are protected by copyright, trademark, and other intellectual property laws in the United States and other jurisdictions. Subject to your full compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Course materials solely for your own professional education. No other rights are granted to you by implication, estoppel, or otherwise, and we and our licensors reserve all rights not expressly granted. If you submit any feedback, suggestions, or ideas regarding the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without any obligation or compensation to you.
12. Third-Party Services
The Services rely on and may link to third-party services, including Stripe for payment processing and Supabase for account and data infrastructure. Your use of any third-party service is governed by that provider's own terms and policies, and the Peptavo Parties are not responsible or liable for the availability, accuracy, content, security, acts, omissions, or practices of any third-party service, product, supplier, pharmacy, laboratory, or vendor, whether or not it is mentioned, referenced, linked, or integrated anywhere in the Services, or for any loss or damage arising from your use of one. Any dealing between you and a third party is solely between you and that third party.
13. Disclaimers
THE SERVICES AND ALL COURSE MATERIALS ARE PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT AND EXPRESSLY DISCLAIM ANY REPRESENTATION THAT THE COURSE CONTENT IS ACCURATE, COMPLETE, CURRENT, ERROR-FREE, FREE OF OMISSION, CONSISTENT WITH ANY PARTICULAR GUIDELINE OR STANDARD OF CARE, OR APPLICABLE TO ANY SPECIFIC PATIENT, PRACTICE SETTING, OR JURISDICTION, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFECTS OR HARMFUL COMPONENTS. MEDICAL, SCIENTIFIC, AND REGULATORY KNOWLEDGE CHANGES CONTINUOUSLY, COURSE CONTENT REFLECTS ONLY OUR UNDERSTANDING AT THE TIME IT WAS PREPARED, AND WE HAVE NO OBLIGATION TO UPDATE, CORRECT, OR NOTIFY YOU OF ANY CHANGE. WE FURTHER DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SAFETY, LEGALITY, QUALITY, PURITY, SOURCING, OR EFFICACY OF ANY PEPTIDE, COMPOUND, PRODUCT, SUPPLIER, PHARMACY, OR LABORATORY MENTIONED, REFERENCED, OR DISCUSSED ANYWHERE IN THE SERVICES. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY RELIANCE YOU PLACE ON THE COURSE CONTENT, FOR INDEPENDENTLY VERIFYING ITS ACCURACY AND APPLICABILITY BEFORE USING IT IN ANY CLINICAL OR PROFESSIONAL CONTEXT, AND FOR ANY SOURCING, PRESCRIBING, COMPOUNDING, DISPENSING, OR ADMINISTRATION DECISION YOU MAKE, WHICH IS MADE ENTIRELY INDEPENDENTLY OF, AND WITHOUT ANY INPUT, APPROVAL, OR ENDORSEMENT FROM, ANY OF THE PEPTAVO PARTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ANY OF THE PEPTAVO PARTIES OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE PEPTAVO PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, PRACTICE VALUE, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED IN ANY WAY TO THESE TERMS, THE SERVICES, THE COURSE CONTENT, YOUR USE OF OR INABILITY TO USE THE SERVICES, OR ANY ACT OR OMISSION YOU UNDERTAKE IN RELIANCE ON THE COURSE, EVEN IF ANY OF THE PEPTAVO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE PRECEDING PARAGRAPH, THE PEPTAVO PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY OF THE FOLLOWING, WHICH ARE EXCLUDED IN THEIR ENTIRETY: PERSONAL INJURY, ILLNESS, ADVERSE EVENT, DISABILITY, OR DEATH OF ANY PATIENT OR ANY OTHER PERSON; ANY CLAIM OF MEDICAL MALPRACTICE, PROFESSIONAL NEGLIGENCE, LACK OF INFORMED CONSENT, PRODUCT LIABILITY, OR WRONGFUL DEATH; ANY INVESTIGATION, COMPLAINT, DISCIPLINE, FINE, SANCTION, CONSENT ORDER, SUSPENSION, OR REVOCATION BY ANY MEDICAL BOARD, LICENSING AUTHORITY, PHARMACY BOARD, THE FDA, THE DEA, OR ANY OTHER GOVERNMENTAL OR REGULATORY BODY; ANY LOSS OF LICENSURE, HOSPITAL PRIVILEGES, DEA REGISTRATION, CREDENTIALING, PAYER PARTICIPATION, EMPLOYMENT, OR MALPRACTICE OR OTHER INSURANCE COVERAGE, OR ANY INCREASE IN THE COST OF SUCH COVERAGE; ANY CIVIL, ADMINISTRATIVE, OR CRIMINAL PROCEEDING BROUGHT AGAINST YOU; ANY BUSINESS, FINANCIAL, TAX, OR REPUTATIONAL LOSS; AND ANY ACT OR OMISSION OF ANY SUPPLIER, PHARMACY, COMPOUNDER, LABORATORY, DEVICE MAKER, OR OTHER THIRD PARTY.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL OF THE PEPTAVO PARTIES COMBINED, FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EXCEED THE LESSER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL AMOUNT YOU ACTUALLY PAID TO US FOR THE SERVICES IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS CAP IS A SINGLE AGGREGATE CAP AND IS NOT MULTIPLIED BY THE NUMBER OF CLAIMS, CLAIMANTS, LEGAL THEORIES, OR PEPTAVO PARTIES INVOLVED. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH A CLAIM IS BASED, WHETHER CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, APPLY TO CLAIMS ARISING FROM THE PEPTAVO PARTIES' OWN NEGLIGENCE, AND APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THE LIABILITY OF THE PEPTAVO PARTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. Indemnification
You agree to defend, indemnify, and hold harmless each of the Peptavo Parties from and against any and all claims, liabilities, damages, losses, judgments, settlements, fines, penalties, costs, and expenses, including reasonable attorneys' fees and the costs of responding to subpoenas, investigations, and regulatory inquiries, arising out of or related in any way to your access to or use of the Services, any content you submit, your violation of these Terms, your violation of any applicable law, regulation, licensure requirement, or standard of care, or your infringement of any right of any third party, including any claim brought by a patient, patient's family or estate, employer, colleague, licensing board, insurer, payer, or regulator arising out of or relating in any way to your evaluation, diagnosis, treatment, sourcing, compounding, prescribing, dispensing, or administration of any peptide, compound, or protocol, whether or not informed by the Course, and regardless of whether any of the Peptavo Parties is named in such claim solely because you completed or referenced the Course. This indemnification obligation applies even where your conduct was informed by, consistent with, or undertaken in reliance on information presented in the Course, because any such reliance and any resulting clinical decision are yours alone, and it applies even where the claim alleges negligence on the part of any of the Peptavo Parties, to the fullest extent permitted by law. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of any such claim and not to settle any such matter in a way that imposes any obligation or admission on any of the Peptavo Parties without our prior written consent. This obligation survives termination of your account and of these Terms.
16. Allocation of Risk; Time Limit on Claims; No Third-Party Beneficiaries
You acknowledge that the disclaimers, releases, limitations of liability, and indemnities in these Terms are an essential basis of the bargain between you and us, that they reflect a deliberate and agreed allocation of risk, and that the price of the Course is set in reliance on them and would be materially higher without them. If a court or arbitrator holds any of these provisions unenforceable in whole or in part, that provision will be reformed and applied to the greatest extent permitted by applicable law, and the remaining provisions, and the remainder of that provision, will continue in full force. The invalidity of one limitation does not invalidate any other.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE, OR IT IS PERMANENTLY BARRED.
These Terms are for the sole benefit of you and the Peptavo Parties. No patient, patient's family or estate, employer, colleague, practice, payer, or other third party is an intended beneficiary of these Terms or of the Services, and no such person has any right, claim, or cause of action against any of the Peptavo Parties arising out of or relating to the Course, whether directly, derivatively, or by way of contribution, indemnity, or subrogation. We owe no duty of care to any patient or other third party.
17. Termination
We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice, and without liability or refund, including for any suspected violation of these Terms. You may stop using the Services and close your account at any time by contacting us, but no fees already paid will be refunded except as expressly provided in Section 8. All provisions of these Terms that by their nature should survive termination will survive, including provisions relating to intellectual property, disclaimers, assumption of risk, release, limitation of liability, indemnification, time limits on claims, dispute resolution, and any payment obligations accrued prior to termination.
18. Modifications to the Services
We reserve the right, at any time and without liability to you, to modify, suspend, or discontinue the Services or any part of them, including course content, curricula, features, or availability, whether temporarily or permanently, and we are under no obligation to maintain, support, or continue to make available any particular content or feature.
19. Changes to These Terms
We may update these Terms at any time and in our sole discretion. We will post the updated Terms on this page and, for material changes, we may provide additional notice such as email, but we are under no obligation to do so beyond posting the updated Terms. Your continued access to or use of the Services after any change takes effect constitutes your binding acceptance of the revised Terms, and it is your responsibility to review this page periodically.
20. Governing Law; Binding Arbitration; Class Action Waiver
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Texas and the federal laws of the United States, without regard to conflict-of-law principles. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights, which may be brought in a court of competent jurisdiction, you and Peptavo agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved exclusively through final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Austin, Texas, and governed by the Federal Arbitration Act, rather than in court, except that either party may bring an individual action in small claims court. You and Peptavo further agree that any arbitration will be conducted on an individual basis only, and that you and Peptavo each waive any right to participate in a class action, class arbitration, collective action, private attorney general action, or other representative proceeding, and waive any right to a jury trial. The arbitrator has no authority to consolidate claims or to preside over any representative proceeding. If the class action waiver in this section is held unenforceable as to any claim, that claim alone will proceed in court and the remainder of this section will continue to apply. Any judicial proceeding not subject to arbitration will be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction and venue of those courts and waive any objection to venue there.
21. Force Majeure
We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disaster, pandemic, war, terrorism, civil unrest, labor disputes, internet or utility failures, or failures of third-party service providers.
22. General Provisions
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Peptavo regarding the Services and supersede any prior or contemporaneous agreements, representations, or statements, whether written or oral, including any statement made in any advertisement, webinar, sales call, email, or social media post. You acknowledge that you are not relying on any representation not expressly set out in these Terms. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent, and any attempted assignment in violation of this section is void; we may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
23. Contact Us
Questions about these Terms can be sent to hello@peptavo.com or to:
THE STACK SOURCE LLC, doing business as Peptavo
1908 East 11th Street
Austin, Texas 78702
