Terms and Conditions
1. Acceptance of Terms and Conditions
These Terms and Conditions (“T&Cs”) govern your use of the Peek service and Web site. By activating or using our service, you agree to be bound by these T&Cs. Please read these T&Cs carefully before using any products or services offered by Peek Inc. They affect your legal rights by, among other things, requiring mandatory arbitration of disputes. If you do not agree to these T&Cs, you should not use the Peek service or Web site.
These T&Cs constitute your agreement with Peek Inc. and its affiliates (together, “Peek”, “Peek Inc.”, “we”, or “us”) and set forth the legally binding terms and conditions for your use of any wireless services and other telecommunications services that we provide you (“Peek Inc. Services”), the Peek Web site available at www.getpeek.com and any associated features, content or applications (the “Web site”), any applications, Peek devices, or products that you purchase or obtain from us or use with the Service (“Products”), and any applications or services that you purchase, obtain, or use that are provided through or with the Service, or billed to your Peek account, by a third-party (“Third-Party Services”) (collectively with the Peek Inc. Services, Web site, and Products, the “Service”). Your use of Third-Party Services may be subject to other terms and conditions imposed by the providers of those services. By using the Service in any manner, including but not limited to visiting or browsing the Web site, you agree to be bound by these T&Cs. The Service is offered subject to acceptance without modification of all of the T&Cs contained herein. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Peek from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these T&Cs by this reference. The most current version of these T&Cs can be reviewed by clicking on the “Terms and Conditions” link located at www.getpeek.com/terms.htm, and that version will supersede all previous versions of the T&Cs. If you received these T&Cs with your Peek, please check the Web site for the most current version of the T&Cs. To the extent the version posted on the Web site conflicts with the T&Cs you received with your Peek, the version posted on the Web site will apply. Rate plan and feature information for the Services you select or use are available to you when you purchase the Service at retail locations and on our Web site, and are a part of our agreement and are incorporated by reference into these T&Cs (the T&Cs, your Service Agreement, and the rate plan information together are referred to as the “Agreement”). You acknowledge that no employee, dealer, or other agent is authorized to make any representation or warranty (other than as described in the Agreement or our current materials) with respect to the Agreement, Service, Products, or rate plans and offerings, or to waive or modify any terms or provisions of the Agreement.
The Service is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Peek may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
2. Changes to Terms and Conditions
Peek Inc., reserves the right, from time to time, with or without notice to you, to change these T&Cs in our sole and absolute discretion. Your continued use of our Service and use of the Peek Web site after changes are made means that you agree to be bound by such changes. As such, you should review the T&Cs periodically.
3. Privacy
Any personally identifying information submitted on the Peek Web site is subject to our Privacy Policy, available at www.getpeek.com/privacy.htm, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.
Wireless systems use radios to transmit communications over a complex network. We do not guarantee that your communications using the Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service. We may (but are not required to) monitor, intercept, and disclose your transmissions, location or communications and may disclose your billing, account, or other information, in good faith reliance on legal process, if required by law or to protect our rights, business, network or customers. The way third-parties handle and use your personal information is governed by their policies, and we are not responsible for their policies or their compliance with them.
4. Billing
By starting your Peek subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Peek Service to the checking account, credit card or other payment method (“Payment Method”) you provided during registration (or to a different Payment Method if you change your account information). As used in these T&Cs, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and on a monthly basis thereafter unless and until you cancel your subscription. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription. In the event your subscription began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, at any time in our sole discretion, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information at the Peek Web site or by calling Customer Care. If your Payment Method reaches its expiration date, it is your responsibility to notify Peek and/or update your Payment Method information, and your continued use of the Service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
5. Subscription
Your Peek subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method. We will bill the monthly subscription fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). You can find the specific details regarding your subscription with Peek at anytime on the Peek Web site.
6. Cancellation
You may cancel your subscription to Peek at any time, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. To cancel, follow the instructions on the Peek Web site or call Customer Care. We reserve the right to terminate your account for any or no reason.
7. Return Policy
There is a limited period of time (“Return Period”) during which you can return a newly purchased Peek device. The Return Period is 30 days from the purchase date if you purchased the Peek device online at www.getpeek.com. If you purchased the Peek device from a 3rd party retailer, you are subject to the Return Period (and other restrictions) of that 3rd party retailer. In order to receive a refund of the purchase price (minus any shipping and rebates) of your Peek, you must return it in “like-new” condition with proof of purchase to the place of purchase during the Return Period along with its original packaging and contents.
8. Lost or Stolen Peek
If your Peek is lost or stolen you will not be liable for unauthorized airtime charges incurred on the “Lost Peek” if you: (a) notify us immediately; (b) ask us to deactivate the Lost Peek; and (c) provide within 14 days any documentation we request, including a police report.
9. Account Access; Identity Protection
You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or Peek device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Peek Web site. If you find that you’re a victim of identity theft and it involves a Peek account, you should notify Peek Customer Care immediately. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. You will immediately notify Peek in writing of any unauthorized use of your account, or other account related security breach of which you are aware. Peek reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes, in its sole discretion, to be fraudulent activity. Peek is not obligated to credit or discount a subscription for holds placed on the account by either a representative of Peek or by the automated processes of Peek.
10. Third-Party Sites
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Web site. When you access third-party websites, you do so at your own risk. These other websites are not under Peek’s control, and you acknowledge that Peek is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Peek or any association with its operators. You further acknowledge and agree that Peek shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
11. Service Availability and Limits
Your Peek operates as a radio and Service is only available when your Peek is within range of an antenna providing Service. Coverage maps only approximate our wireless coverage area outdoors. Actual service area, coverage, and quality may vary and change without notice. There may be gaps in Service within the estimated coverage areas shown on coverage maps. Even within a coverage area, factors, such as: network changes, emergencies, traffic volume, transmission limits, service outages, technical limitations, signal strength, your equipment, interconnecting carriers, terrain, structures, weather and other conditions (without limit) may interfere with actual service, quality, and availability. Coverage maps may depict coverage in areas where networks are operated by our affiliates and roaming partners; such coverage may change without notice. We are not responsible for those networks and some Services are not available on third-party networks or while roaming. We may impose usage or other limits to Service, cancel or suspend Service, or block certain types of messages at our discretion.
12. Use of Service
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these T&Cs. You are responsible for all of your activity in connection with the Service. For the purposes of these T&Cs, all content included on the Peek Web site and delivered to subscribers as part of the Service, including without limitation any text, graphics, logos, designs, photographs, User Submissions, images and software will be deemed “Content.”
You may not use, or attempt to use, the Service, the network, or your Peek for any fraudulent, unlawful, improper, harassing, excessive, harmful, or abusive purpose (“Improper Uses”), or so as to adversely or negatively impact our customers, employees, business, ability to provide quality service, reputation, or network, or any other person. We may determine in our sole discretion what constitutes Improper Uses. Examples of Improper Uses include, without limit: (a) sending unsolicited messages; (b) attempting to interfere with the access of any user, host, or network; (c) identity theft; (d) attempting to decipher, decompile, or reverse engineer any software; (e) posting or transmitting any content that is unlawful, infringing, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane or otherwise objectionable as determined by us in our sole discretion; (f) probing, or attempting to tamper with or harm our systems, network, or customers or sending or transmitting any content containing software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Peek or any third-party; (g) reselling or attempting to resell any aspect of the Service, whether for profit or otherwise; (h) infringing any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; (i) engaging in unauthorized or unsolicited advertising, junk or bulk email or messaging (“spamming”), or in commercial activities and/or sales without Peek’s prior written consent, such as contests, sweepstakes, barter, advertising or pyramid schemes; or (i) impersonating any person or entity, including any employee or representative of Peek. If we suspect a violation of this provision, we may: (i) begin legal action; (ii) suspend or terminate your access to the Service immediately and without prior notice; (iii) suspend or terminate service provided to you under any other agreement with us; and/or (iv) cooperate with law enforcement in prosecuting offenders. You agree to cooperate with us in investigating suspected violations. We may terminate your Service or change your rate plan at any time, with notice, if we determine, in our sole discretion, that your use of the Service is excessive, unusually burdensome, or unprofitable to us. The SIM card included with your Peek is intended to only be used in a Peek device to access Peek’s email services. Removal of the SIM card voids the warranty of your Peek. You will also be assessed unauthorized data usage charges if you use a Peek SIM card for any Improper Use or unintended purpose. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Peek in its sole discretion) an unreasonable or disproportionately large load on Peek’s (or its third-party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Peek may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Web site.
You shall not copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. Peek reserves the right to remove any Content from the Web site or Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third-parties or authorities relating to such Content or if Peek is concerned that you may have violated these T&Cs), or for no reason at all.
13. Right to Terminate
We reserve the right to terminate or restrict your use of our Service, without notice, for any or no reason whatsoever. We reserve the right to change, suspend or discontinue the Service (including without limitation the availability of any feature, database or content) at any time, for any or no reason whatsoever.
14. Electronic Communications
By using the Peek Service, you consent to receiving electronic communications from Peek. These communications will include notices about your account (e.g., transactional information) and information concerning or related to our Service. These communications are part of your relationship with Peek and you receive them as part of the Peek subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
15. Intellectual Property
You agree that the Service contains Content specifically provided by Peek or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third-party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third-party right. You may, to the extent the Web site expressly authorizes you to do so, download or copy the Content, and other items displayed on the Web site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Peek, or from the copyright holder identified in such Content’s copyright notice.
Copyright
All Content is the property of Peek Inc., or its suppliers and is protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this Web site is the exclusive property of Peek Inc., and protected by U.S. and international copyright laws. No Content shall be reproduced or used without express written permission from Peek Inc. or its suppliers. You agree (a) not to decipher, decompile, reverse engineer, disassemble or otherwise attempt to derive any source code or underlying ideas or algorithms of any software or other Content, Products or processes, whether accessible through the Peek Service or Web site or not, except to the extent applicable laws specifically prohibit such restriction, (b) not to insert any code or product or manipulate the content of the Peek Service or Web site in any way that affects the user’s experience, (c) not to use any data mining, data gathering or extraction method and (d) not to modify, translate, or otherwise create derivative works of any part of the Service, including without limitation any Content. Peek reserves the right to terminate your subscription hereunder if Peek, in its sole and absolute discretion, believes that you are in violation of this paragraph.
Trademarks
Peek is a registered trademark of Peek Inc. The Peek logo and getpeek.com are trademarks or service marks of Peek Inc. The Peek Web site, including but not limited to its graphics, logos, page headers, scripts and service names constitute trade dress of Peek Inc. The trademarks, service marks and trade dress of Peek may not be used or reproduced without prior written approval from Peek Inc. and may not be used by you in connection with any product or service that is not affiliated with Peek in any way, including without limitation in any manner that is likely to cause confusion among customers, that dilutes the rights of Peek, or disparages or discredits Peek. Other trademarks that appear on the Peek Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Peek. Any images of persons or personalities contained on the Peek Web site are not an indication or endorsement of Peek or any particular product unless otherwise indicated.
16. Mandatory Arbitration to Resolve Disputes
PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT, EXCEPT AS NOTED BELOW, YOU AND WE WILL ARBITRATE OUR DISPUTES. ANY CLAIM OR DISPUTE BETWEEN YOU AND US IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO YOU, INCLUDING ANY BILLING DISPUTES (“CLAIM”), SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). This agreement to arbitrate also requires you to arbitrate claims against other parties relating to Services or Products provided or billed to you, including suppliers of Services and Products and our retail dealers, if you also assert Claims against us in the same proceeding. You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement.
BEFORE INSTITUTING ARBITRATION, YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT PEEK INC. 265 MADISON AVE. 4TH FLOOR, NEW YORK, NY 10016, AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE ARE NOT ABLE TO RESOLVE YOUR CLAIM WITHIN 30 DAYS OF RECEIPT OF YOUR NOTICE, THEN YOU OR WE, INSTEAD OF SUING IN COURT, MAY INITIATE ARBITRATION PROCEEDINGS WITH THE AAA. YOU MUST SERVE OUR REGISTERED AGENT (SEE SEC. 20) IN ORDER TO BEGIN AN ARBITRATION. ARBITRATION WILL BE CONDUCTED UNDER THE AAA'S PUBLISHED WIRELESS INDUSTRY ARBITRATION RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 1-800-778-7879 OR VISITING ITS WEB SITE AT www.adr.org. The AAA has a fee schedule for arbitrations. You will pay your share of the arbitrator’s fees and administrative expenses (“Fees and Expenses”), and you and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may only award as much and the type of relief as a court with jurisdiction in the place of arbitration that is consistent with law and this Agreement. An arbitrator may issue injunctive or declaratory relief but only applying to you and us and not to any other customer or third-party. As a limited exception to the agreement to arbitrate, you and we agree that: (a) you may take Claims to small claims court, if your Claims qualify for hearing by such court; and (b) if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement. A printed version of these T&Cs and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the T&Cs to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17. Class Action Waiver
WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. NOTWITHSTANDING THE FOREGOING, IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT.
18. Jury Trial Waiver
WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WE WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.
19. Governing Law
These T&Cs shall be governed by and construed in accordance with the laws of the state of New York, without regard to conflicts of laws provisions.
20. Disclaimer of Warranties
EXCEPT FOR ANY OTHER WRITTEN WARRANTY THAT MAY BE PROVIDED BY PEEK, AND TO THE EXTENT PERMITTED BY LAW, ALL SERVICES, PRODUCTS, AND THIRD-PARTY PRODUCTS ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMIT, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE OR PRODUCTS. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY OF OUR DEALERS (EXCEPT FOR ANY WRITTEN LIMITED WARRANTY THAT MAY BE PROVIDED BY US), ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT WARRANTIES BY US OF ANY KIND. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES (“AFFILIATES”) DO NOT WARRANT THAT THE INFORMATION, SOFTWARE, PRODUCTS, PROCESSES, OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL, BUG OR ERROR FREE. IF YOU RECEIVED A WRITTEN “Peek LIMITED WARRANTY” WITH YOUR PEEK, IT IS THE ONLY WARRANTY MADE BY US WITH RESPECT TO THE PEEK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
21. Limitation of Liability
We are not liable to you, other users of your Peek or third-parties for any deficiency in performance or quality, caused in whole or in part by an act or omission of an underlying carrier or service provider, web site, messaging community, dealer, equipment or facility failure, Peek failure or unavailability, discontinuation of Service, or Peek network problems, lack of coverage or network capacity, equipment or facility upgrade or modification, acts of God, strikes, fire, terrorism, war, riot, emergency, government actions, equipment or facility shortage or relocation, or causes beyond our reasonable control. EVEN IF PEEK INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, PEEK INC. WILL NOT BE LIABLE TO YOU OR ANY OF YOUR EMPLOYEES, AGENTS, CUSTOMERS OR ANY THIRD- PARTIES FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE OR ANY PEEK, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, TREBLE, SPECIAL, OR CONSEQUENTIAL DAMAGES; LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER ARISING FROM INTERRUPTION OR FAILURE OF SERVICE, LISTING ERRORS, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES, SUSPENSION, TERMINATION, OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION, OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR PEEK (WHETHER READ OR UNREAD, SOLICITED OR UNSOLICITED), OR LOSSES RESULTING FROM ANY PRODUCTS, GOODS, OR SERVICE PURCHASED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. THE MAXIMUM AGGREGATE LIABILITY OF PEEK INC., AND THE EXCLUSIVE REMEDY AVAILABLE IN CONNECTION WITH THE AGREEMENT FOR ANY AND ALL DAMAGES, INJURY OR LOSSES ARISING FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RELATED TO THE SERVICE OR YOUR PEEK, SHALL BE THE GREATER OF (I) THE PRORATED MONTHLY OR OTHER CHARGES YOU PAID OR OWE US FOR THE SIX MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM; OR (II) ONE HUNDRED US DOLLARS ($100.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN TWO YEARS OF THE DATE THE CLAIM ARISES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
22. Indemnification
You agree to defend, indemnify, and hold us, Peek Inc., our Affiliates, and any roaming, network or other third-party partner harmless from any and all claims, demands, actions, liabilities, costs, or damages arising out of your use of the Service or Products, any legal disclosures we make relating to your Service or Product, or your breach of this Agreement. You further agree to pay our reasonable attorneys’ and expert witnesses’ fees and costs arising from any actions or claims by third-parties and those incurred in establishing whether this Section applies.
23. Assignment
We may assign all or part of our rights or duties under the Agreement without such assignment being considered a change to the Agreement, and without notice to you, except to the extent provided by law. We are then released from all liability. You may not assign the Agreement without our prior written consent. Subject to these restrictions, the Agreement will bind the heirs, successors, subcontractors, and assigns of the respective parties, who will receive its benefits.
24. Severability and Survivability
All terms and conditions of these T&Cs are independent of each other and if any provision of these T&Cs is held to be inapplicable or unenforceable, then (a) that term or provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms or provisions remaining in full force and effect, (b) the T&Cs will not fail their essential purpose, and (c) the balance of the T&Cs remain unaffected and in full force and effect, unless our obligations are materially impaired, in which event we have the right to terminate the Agreement. All provisions of the T&Cs which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limited Warranty
1. Warranty
This is a limited warranty only, which is subject to the limitations contained in this document.
2. Who Can Enforce the Warranty
This warranty extends only to the person or entity (hereinafter “Customer”) listed as the customer on the initial Peek service account (“Service Account”) associated with the Peek, as such term is defined in paragraph 3 below. This warranty may not be assigned or transferred to any subsequent purchaser or user. Only Customer and no other person or entity, shall have the right to enforce this warranty.
3. Identification of Covered Parts and Products
This warranty covers all parts of the Peek, except any housing and cosmetic parts. Peek, as used in this warranty, means the wireless device provided to Customer by Peek Inc. (“Warrantor”), either (A) new, or (B) as a replacement pursuant to the terms of this warranty by Warrantor, but excluding (I) any replacement equipment or repaired equipment provided to Customer at Customer’s additional cost or otherwise provided to Customer outside the scope of this warranty (“Warrantor Excluded Equipment”), even if such Warrantor Excluded Equipment is provided by Warrantor or (II) any software, hardware, parts or equipment provided by any party other than Warrantor for use with the Peek (collectively with the Warrantor Excluded Equipment, the “Excluded Equipment”). Any and all Excluded Equipment is excluded from this warranty.
4. Warranty Duration
The warranty for the Peek extends for one (1) year (“Warranty Period”) beginning on the date Customer activates the first email account on the Peek or the date the Customer receives the Peek, whichever is earlier. The Warranty only covers the Peek until the end of the Warranty Period, no matter when or in what condition the Peek is provided to Customer, and does not cover any Peek after the termination of the Warranty Period. If a replacement or repaired Peek is provided to Customer by Warrantor under the terms of this Warranty, that Peek will be warranted under the terms of this warranty only for a period equal to the time remaining on the Warranty Period of the original Peek.
5. Warrantor’s Performance Obligations
Warrantor warrants that the covered portions of the Peek purchased by Customer, when shipped by Warrantor, will conform in all material respects to Warrantor’s applicable specifications. During the Warranty Period, Warrantor will repair or replace, at Warrantor’s option, any defective parts of the Peek that will not operate properly for their intended use, unless Warrantor determines that the defect or damage is caused by or is the result of: use other than as intended by Warrantor or other than in conformity with Warrantor’s instructions, abnormal use or conditions including exposure to liquids; mishandling, mistreatment, improper storage, misuse, neglect, accident; other acts that are not the fault of Warrantor or the manufacturer of the Peek, including damage caused by shipping; modifications, alterations, or repairs performed by any party other than Warrantor, unless authorized in writing by Warrantor. No charge will be made to Customer for any parts repaired or replaced. Warrantor will pay for the labor charges incurred by Warrantor in repairing or replacing the defective parts. Warrantor may also, at its sole discretion, send Customer a new or refurbished replacement device. At Warrantor’s option, if Warrantor determines that repair or replacement is impractical, Warrantor may instead provide Customer with a refund for the purchase price of the Peek. Warrantor will not pay the cost of rental or alternative equipment or any other expenses other than as expressly indicated above.
6. Customer’s Duties
If a problem with the Peek develops during the Warranty Period, Customer shall take the following steps:
a. Customer shall promptly notify Warrantor of such problem before the expiration of the Warranty Period by calling Peek Customer Care at 1 877 677-7335. Customer must comply with all instructions provided by Peek Customer Care with respect to packaging, shipping and returning the Peek. Any Peek returned to Warrantor under this warranty must be accompanied by proof of purchase and all original packaging and documentation.
b. Customer shall have no coverage or benefits under this warranty if Customer fails to notify Warrantor of any problems during the Warranty Period or fails to follow the instructions provided by Warrantor or Peek Customer Care to Customer.
7. Limitations on Implied Warranties
ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE, SHALL BE LIMITED TO THE DURATION OF THE FOREGOING WRITTEN WARRANTY. OTHERWISE, THE FOREGOING WARRANTY IS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AGAINST WARRANTOR FOR ANY CLAIM WITH RESPECT TO THE PEEK AND IS IN LIEU OF ALL OTHER WARRANTIES BY WARRANTOR, EXPRESSED OR IMPLIED. AT THE EXPIRATION OF THE WARRANTY PERIOD, WARRANTOR HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES FOR THE EQUIPMENT, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND CUSTOMER AGREES TO THEREAFTER ACCEPT THE EQUIPMENT IN AN “AS IS” CONDITION WITH ALL FAULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Limitations on Damages and Customer Remedies
WARRANTOR SHALL NOT BE LIABLE (UNDER CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR A LOSS OF ANTICIPATED BENEFITS OR PROFITS, RESULTING FROM, RELATED TO OR ARISING OUT OF THE PURCHASE OR USE OF THE PEEK OR FROM THE BREACH OF THIS WARRANTY EVEN IF WARRANTOR KNEW THE LIKELIHOOD OF SUCH DAMAGES; PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL PRECLUDE ANY CUSTOMER’S RIGHT TO RECOVER COMPENSATORY DAMAGES FOR ANY PERSONAL INJURY ASSOCIATED WITH PERSONAL USE OF THE EQUIPMENT. CUSTOMER SHALL HAVE NO RIGHT TO RECOVER ANY DAMAGES FOR ANY INJURY OR CLAIM ARISING OUT OF OR RELATED TO CUSTOMER’S USE OF THE EQUIPMENT AFTER THE EXPIRATION OF THIS WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Customer State Law Rights
This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
10. Warranty Registration Cards
A warranty registration card does not need to be returned as a condition for coverage under this warranty.
11. Warranty Inquiries
Questions concerning this warranty may be directed to: Peek, Attention Customer Relations, 265 Madison Avenue, 4th Floor, New York, NY 10016.
Safety Information
Please read these safety and operation instructions before using the Peek device or any accessories provided with the device. When using this product, the safety precautions below must be taken to avoid possible legal liabilities and damages. Retain and follow all product safety and operating instructions.
Electrical Safety
1. Charge the Peek device using only the charging accessory provided or specifically approved by Peek Inc., for use with this device. Use of any other accessory might invalidate any warranty provided with the device and might be dangerous.
2. Use the charging accessories provided with the device or any other approved charging accessories only from the type of power source indicated on the marking label. Before using any power supply, verify that the voltage is in accordance with the voltage printed on the power supply.
3. Do not overload wall outlets and extension cords as this might result in a risk of fire or electric shock. To reduce the risk of damage to the cord or the plug, pull the plug rather than the cord when you disconnect the charging accessory from the wall outlet.
4. Unplug charging accessories during lightning storms or when unused for long periods of time.
5. Do not use the charging accessories outside or in any area exposed to the elements.
Battery Safety and Disposal
1. The Peek device contains a removable lithium-ion battery. Do not dispose of either the device or the lithium-ion battery in a fire. Dispose of the lithium-ion battery in accordance with the laws and regulations governing disposal of such cell types.
2. The lithium-ion battery might present a fire or chemical burn hazard if mistreated. Do not disassemble, crush or puncture the lithium-ion battery. Do not expose the battery to temperatures higher than 60°C (140°F). Do not allow metal objects to contact the battery terminals.
3. Use only the lithium-ion battery that Peek specifies for use with your particular model. Using any other lithium-ion battery might invalidate any warranty provided with the device and might present a risk of fire or explosion.
Device Disposal
1. The Peek device should not be placed in household waste bins. Please check local regulations for information on the disposal of electronic products in your area.
Antenna Care
1. Use only the supplied or an approved replacement antenna. Unauthorized antennas, modifications, or attachments could damage the device and may violate Federal Communications Commission (FCC) regulations.
Driving Safety
1. Check the laws and regulations regarding the use of wireless devices in the areas where you drive. Always obey them. Also, if using the Peek device in your car, please use the following minimum guidelines:
a. Give your full attention to driving; driving safety is your first responsibility.
b. Pull off the road and park before checking your email.
2. Peek recommends that you do not use the Peek device while driving.
Accessories
1. Use only those accessories approved by Peek. Using any accessories not approved by Peek for use with this particular Peek device model might invalidate any warranty applicable to the device, might result in the non-operation of the device, and might be dangerous.
Operating and Storage Temperatures
1. Keep the Peek device or device accessories away from excessive moisture and extreme temperatures. Do not leave the Peek device, device accessories or the lithium-ion battery inside a vehicle or in places where the temperature may exceed 60°C (140°F), such as on a car dashboard, window sill, or behind a glass that is exposed to direct sunlight or strong ultraviolet light for extended periods of time. This may damage the product, overheat the battery, or pose a risk to the vehicle.
2. Please follow the following operating and storage temperatures listed below:
a. Device and charger operating: 0 to 50°C
b. Device and charger storage: -10 to 60°C
Interference with Electronic Equipment
1. Most modern electronic equipment is shielded from RF signals. However, certain electronic equipment might not be shielded against the RF signals from the Peek device.
a. Pacemakers: Consult a physician or the manufacturer of your pacemaker if you have any questions regarding the effect of RF signals on your pacemaker. If you have a pacemaker, verify that you are using the device in accordance with the safety requirements associated with your particular pacemaker.
b. Hearing aids: Some digital wireless devices may interfere with some hearing aids. In the event of such interference, consult your service provider or contact the manufacturer of your hearing aid to discuss alternatives.
c. Aircraft: Federal Aviation Administration (FAA) and FCC regulations prohibit using wireless devices while in the air. Turn the Peek device off before boarding the aircraft. The effect of using the Peek device in an aircraft is unknown. Such use might affect aircraft instrumentation, communication and performance, might disrupt the network, might otherwise be dangerous to the operation of the aircraft, and might be illegal.
Dangerous Areas
1. Turn the Peek device off when in any area with a potentially explosive atmosphere, and obey all signs and instructions. Sparks in such areas could cause an explosion or fire resulting in bodily injury or even death.
2. Areas with a potentially explosive atmosphere are often, but not always, clearly marked. They include fueling areas such as gasoline or petrol stations; below deck on boats, fuel or chemical transfer or storage facilities; vehicles using liquefied petroleum gas, such as propane or butane; areas where the air contains chemicals or particles, such as grain, dust, or metal powders; and any other area where you would you would normally be advised to turn off your vehicle engine.
Service
1. Only qualified service personnel should perform repairs to the Peek device.
2. Do not attempt to disassemble the device or any charging accessory.
3. Unplug the device from the electrical outlet and refer servicing to an authorized service technician or provider under the following conditions:
a. Liquid has been spilled or an object has fallen into the product.
b. The product has been exposed to rain or water.
c. The product has been dropped or damaged.
d. There are noticeable signs of overheating.
e. The product does not operate normally when you follow the operating instructions.
Cleaning
1. Do not use liquid, aerosol cleaners, or solvents on or near the device or device accessory. Clean only with a soft dry cloth. Unplug any charging accessories from the electrical outlet before cleaning either the device or the charging accessory.
Liquids and Foreign Objects
1. Never push objects of any kind into the Peek device or device accessories through openings as this action might short circuit parts and cause a fire or electric shock. Do not use the device or device accessories near water. Never spill liquid of any kind on the device or device accessories.
Radio Frequency (RF) Energy
The Peek device is a radio transmitter and receiver. When it is on, it receives and sends out RF energy. In August 1996, the U.S. Federal Communications Commission (FCC) adopted RF exposure guidelines with safety levels for hand-held wireless devices. These guidelines are consistent with the safety standards previously set by both U.S. and international standards bodies in the following reports:
• ANSI C95.1 (American National Standards Institute, 1992)
• NCRP Report 86 (National Council on Radiation Protection and Measurements, 1986)
• ICNIRP (International Commission on Non-Ionizing Radiation Protection, 1996).
Your device complies with the standards set by these reports and the FCC guidelines.
In order to comply with FCC RF exposure guidelines, users must use a bodyworn accessory that contains no metal (snaps, clips, etc.) and provides at least 2.2cm of separation between the users body and the unit. Do NOT use the device in a manner such that it is in direct contact with the body (i.e., on the lap or in a breast pocket). Such use will likely exceed FCC RF safety exposure limits. See www.fcc.gov/oet/rfsafety/ for more information on RF exposure safety.
Consumer Information on Specific Absorption Rate (SAR)
This device meets the government’s requirements for exposure to radio waves. Your wireless device is a radio transmitter and receiver. It is designed and manufactured not to exceed the emission limits for exposure to RF energy set by the FCC of the U.S. Government. These limits are part of comprehensive guidelines and establish permitted levels of RF energy for the general population. The guidelines are based on standards that were developed by independent scientific organizations through periodic and thorough evaluation of scientific studies. The standards include a substantial safety margin designed to assure the safety of all persons, regardless of age and health. The exposure standard for wireless devices employs a unit of measurement known as the Specific Absorption Rate, or SAR. The SAR limit set by the FCC is 1.6 W/kg, except for hands and feet in which the SAR limit set by the FCC is 4.0W/kg. Tests for SAR are conducted using standard operating positions specified by the FCC with the device transmitting at its highest certified power level in all tested frequency bands. Although SAR is determined at the highest certified power level, the actual SAR level of the device while operating can be well below the maximum value. Because the device is designed to operate at multiple power levels to use only the power required to reach the network, in general, the closer you are to a wireless base station antenna, the lower the power output. Before a device model is available for sale to the public, it must be tested and certified to the FCC that it does not exceed the limit established by the government-adopted requirement for safe exposure. The tests are performed in positions and locations as required by the FCC for each model. The highest tested SAR value for this model device when worn on the body, in accordance with this Terms of Service, is 1.15W/kg.
The FCC has granted an Equipment Authorization for this model device with all reported SAR levels evaluated as in compliance with the FCC RF emission guidelines. SAR information on this model device is on file with the FCC and can be found under the Display Grant section of http://www.fcc.gov/oet/fccid after searching on FCC ID V6LPEEK0001. Additional information on Specific Absorption Rates (SAR) can be found on the Cellular Telecommunications Industry Association (CTIA) website at http://www.ctia.org. FCC Compliance Statement (USA)
This device complies with Part 15 of the FCC rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.
This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses, and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not incur in a particular installation. If this equipment does cause harmful interference to radio or TV reception, which can be determined by turning the equipment on and off, the user is encouraged to try to correct the interference by one or more of the following measures:
• Reorient or relocate the receiving antenna.
• Increase the separation between the equipment and receiver.
• Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
• Consult the dealer or an experienced radio or television technician for help.