Effective as of December 4, 2015. Last updated: July 25, 2017.
1. Acceptance of the Terms of Service
This document was created using a template from Docracy.com (https://www.docracy.com/5890/terms-of-service-for-a-website-and-web-based-service).
2. Changes to the Terms of Service and the Website
Peak Medical Editing, LLC, reserves the right to update the Website and these Terms of Service from time to time, at our discretion and without notice. Nevertheless, this document is public on Peak Medical Editing, LLC, and you will be able to track the changes for any new version. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
3. Accessing the Website, Security, and Privacy
We are working hard on improving Peak Medical Editing, LLC, but we cannot guarantee that the Website will be available at all times. We also reserve the right to suspend or restrict access to some services or pages to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss.
4. Purchase of the Peak Medical Editing, LLC Service
If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the Peak Medical Editing, LLC, Websites are inclusive of any applicable sales taxes and fees.
Peak Medical Editing, LLC, may change the price for our editing service from time to time. In respect of the Peak Medical Editing, LLC, Paid Service, such changed price will take effect after the completion of any in-process editing service projects. The price we agreed upon prior to starting work will not change during that work.
6. Disclaimer of Warranties, Limitations of Liability and Indemnification
Your use of Peak Medical Editing, LLC, is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. While we are confident in our services, we cannot guarantee publication of edited manuscripts. No advice or information, whether oral or written, obtained by you from Peak Medical Editing, LLC, or in the course of using our service shall create any warranty not expressly made herein. The decision to accept or reject manuscripts is exclusively at the discretion of the editors employed by the journal. We are not liable for damages, direct or consequential, resulting from your use of the Company services, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. Because the Website is not error or bug free, you agree that you will use it carefully and agree that any material and/or data downloaded or otherwise obtained through the utilization of the Company service or Website is done at your own risk. You are solely responsible for any damage to your computer system or loss of data that results in the downloading of any files regarding the editing service or any external links available on the Website.
6.1 Third Party Disclaimer
Our website may include hyperlinks to, and details of, third party websites. Third party websites are not financially affiliated with Peak Medical Editing, LLC, and use of their services is at your own risk and discretion. We do not represent or guarantee the completeness, truthfulness, accuracy, or reliability of any third party websites, nor do we endorse any opinions expressed via those websites. All content on third party websites is the sole responsibility of the owners of those websites. We may not monitor or control the content or information posted on those third party websites, and we cannot take responsibility for such content or information.
7. Service Disclaimer and Client Responsibility
All edits, revisions, and any input from Peak Medical Editing, LLC, to your documents are suggestions only. It is the responsibility of the client to evaluate the accuracy, validity, and value of all input from Peak Medical Editing, LLC, and any services rendered. Final sign-off responsibility lies solely with the client, and Peak Medical Editing, LLC, is not responsible for any loss, financial or otherwise, resulting from errors in the documents we edit. The accuracy of all factual claims is the responsibility of the client. All turnaround times refer to traditional business days (Monday through Friday), excluding Saturday and Sunday, and U.S. holidays unless otherwise agreed upon between Peak Medical Editing, LLC, and the client. Peak Medical Editing, LLC, observes the following holidays: New Year's Day (Jan. 1), Good Friday, Memorial Day (May 30), Independence Day (July 4), Thanksgiving & the day after Thanksgiving, Christmas Eve (Dec. 24), Christmas Day (Dec. 25), and New Year's Eve (Dec. 31). The period of time indicated in the turnaround time begins when the customer confirms their agreement with the terms of the editing project, all materials to be edited have been submitted, and either down payment or full payment has been submitted. The price refers to a single editing event. At the sole discretion of the editor, the addition of materials to be edited, rewrites, revisions or changes in journal style or any such activity that alters the particular agreement will be considered out of the scope of the original editing event.
8. Term and termination
This Agreement will become effective in relation to you when you start using the Peak Medical Editing, LLC, Website and will remain valid until terminated by you or Peak Medical Editing, LLC. Peak Medical Editing, LLC, reserves the right to terminate this Agreement at any time in case of unauthorized, or suspected unauthorized use of the Peak Medical Editing, LLC, Service whether in contravention of this Agreement or otherwise. If Peak Medical Editing, LLC, terminates this Agreement for any of the reasons set out in this section, Peak Medical Editing, LLC, shall have no liability or responsibility to you, and Peak Medical Editing, LLC, will not refund any amounts that you have previously paid.
9. Intellectual property
Peak Medical Editing, LLC, respects intellectual property rights and expects you to do the same. All text, logos, and images of John Essex included on the Peak Medical Editing, LLC Website, are the property of Peak Medical Editing, LLC, and protected by U.S. and international copyright laws. All other images and graphics are used under Creative Commons License. Any distribution, transmission, reproduction, modification, republication, performance or display of the content on this site is prohibited without written consent from Peak Medical Editing, LLC. All materials submitted to Peak Medical Editing, LLC, remain the intellectual property of the client and protected by intellectual property rights (including but not limited to copyright). Peak Medical Editing, LLC makes no claim to authorship, ownership, or any other aspect of documents submitted to us by clients or agents working on the customer’s behalf. You do not have a right to use the Peak Medical Editing, LLC, Service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party's intellectual property rights in using the Peak Medical Editing, LLC, Service. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Peak Medical Editing, LLC, Service.
10. Copyright infringement and takedown
If you are a copyright holder who believes that any of the products, services or content which are directly available via the Peak Medical Editing, LLC, Websites are infringing copies of your work, please let us know. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3), a notice of alleged copyright infringement should be sent to Peak Medical Editing, LLC's designated copyright agent at the following address: Peak Medical Editing, LLC, Attn: Legal Department, Copyright Agent, 1076 Liberty Drive, Indianapolis, IN, 46234. A notification of claimed copyright infringement must be addressed to Peak Medical Editing, LLC's copyright agent listed above and include the following: A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; Specific identification of each copyrighted work claimed to have been infringed; A description of where the material believed to be infringed is located on the Peak Medical Editing, LLC, Websites (please be as detailed as possible and provide a URL to help us locate the material you are reporting); Contact information for the complaining party, such as a complete name, address, telephone number, and email address; A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 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.
11. Technology limitations and modifications
Peak Medical Editing, LLC, will make reasonable efforts to keep the Peak Medical Editing, LLC, Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Peak Medical Editing, LLC, reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Peak Medical Editing, LLC, Service with or without notice.
Peak Medical Editing, LLC, may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
13. Entire agreement
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
15. Mandatory arbitration; exceptions to mandatory arbitration, waiver of class action rights; limitations period; venue and choice of law
i. You and Peak Medical Editing, LLC, agree that any dispute, claim or controversy arising out of or relating in any way to the Peak Medical Editing, LLC, Service or your use thereof, including our Agreement, shall first attempted to be resolved privately for a 90-day period. After this 90-day period, any dispute, claim or controversy shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Peak Medical Editing, LLC, are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA Rules"), as modified by this Agreement, and as administered by the AAA. ii. You and Peak Medical Editing, LLC, agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Peak Medical Editing, LLC, Service are NOT subject to mandatory arbitration. Instead, you and Peak Medical Editing, LLC, agree that the preceding claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by Courts of competent jurisdiction in Indiana and that applicable Indiana and/or Federal law shall govern, without regarding to choice of law principals. iii. YOU AND PEAK MEDICAL EDITING, LLC, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the arbitrator shall not consolidate any other person's claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this particular provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief. iv. Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by Peak Medical Editing, LLC. Any arbitration costs or fees deemed "excessive" will be paid by Peak Medical Editing, LLC. v. You and Peak Medical Editing, LLC, agree that this Agreement involves interstate commerce and is subject to the Federal Arbitration Act. You and Peak Medical Editing, LLC, further agree that applicable laws of the State of Indiana shall exclusively govern any dispute without regard to choice or conflicts of law rules. The sole and exclusive venue for the resolution of any dispute, whether or not subject to mandatory arbitration as described above, shall lie in Indianapolis, Indiana.
16. English version prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation. Copyright © 2017 Peak Medical Editing, LLC, and its affiliates. All rights reserved.
Peak Medical Editing, LLC
1076 Liberty Drive
Indianapolis, Indiana, 46234