Terms

Modern Man’s Health and Fitness

Terms of Service (TOS) — peakguy.com

Last Updated: October 9, 2025

Please read these Terms of Service (“Terms”) carefully. They govern your use of peakguy.com (the “Site”) and the services provided through it. By accessing or using the Site, you agree to these Terms. If you don’t agree, don’t use the Site.

1. Parties & Acceptance

These Terms are between you (“you,” “user,” “visitor”) and PeakGuy LLC (or the owning entity) (“we,” “us,” “our”). Your access or use signifies your acceptance and full agreement to these Terms and all policies incorporated by reference (privacy, any additional rules) as of the “Last Updated” date.

2. Definitions

  • Service(s): The features, tools, content, and offerings made available via the Site.
  • User Content: Any content you submit via the Site (comments, posts, uploads).
  • Account: Your registered user profile on the Site, if applicable.

3. Use of the Site & Eligibility

  • You must be at least 13 years old (or older in your jurisdiction) to use the Site.
  • You agree to provide accurate, current information for your account and maintain its confidentiality.
  • You’re responsible for activity under your account.
  • You may not use the Site for unlawful or prohibited activities (fraud, spam, harassment, hacking, etc.).

4. User Content & License

  • You retain ownership of content you upload.
  • By submitting, you grant us a nonexclusive, royalty-free, worldwide license to use, reproduce, modify, publish, translate, distribute, display, and distribute such content (for operate, promote, improve the Site).
  • You represent your content is original, doesn’t infringe third-party rights, and complies with the law.
  • We reserve the right (but not obligation) to review, remove, or refuse content that violates these Terms.

5. Prohibited Conduct

You may not:

  • Use the Site in violation of local, state, national or international laws
  • Impersonate others, misrepresent identity
  • Post obscene, defamatory, hateful, or unlawful content
  • Use automated systems (bots) without permission
  • Introduce malware, viruses, worms
  • Attempt to bypass system restrictions or security measures

6. Purchases, Payment & Refunds (if applicable)

If the Site offers paid goods or services:

  • Prices are as quoted at time of purchase (unless obvious error).
  • You agree to pay via accepted payment methods.
  • We can cancel or refuse an order in certain cases (fraud, stock issues).
  • Refund policy: [Specify refund / return terms, if any]
  • Taxes: You are responsible for any sales/use tax applicable.

7. Intellectual Property & Ownership

  • All content on the Site (text, graphics, logos, images, software) is owned or licensed by us, except user content.
  • You may not copy, reproduce, distribute, alter, publicly display, or commercially exploit any portion of the Site without express written permission, except as permitted under fair use or your license to user content.

8. Disclaimers & Warranties

The Site and services are provided “as is” and “as available” without warranties of any kind, express or implied. We disclaim all warranties, including fitness for a particular purpose, merchantability, noninfringement.

We don’t guarantee the Site will be uninterrupted, error-free, or secure. Your use is at your risk.

9. Limitation of Liability

To the maximum extent allowed by law, we (and our officers, employees, affiliates) shall not be liable for:

  • Indirect, incidental, special, consequential, punitive damages
  • Loss of profits, data, goodwill
  • Claims arising from your use or inability to use the Site
  • Any liability beyond the amount you paid (if any) for use of Site

In no event shall our total liability exceed [a modest cap, e.g. the total fees you’ve paid in last 12 months, or $100].

10. Indemnification

You agree to defend, indemnify, and hold harmless us and our affiliates from claims, liabilities, losses, damages, costs, demands, arising out of:

  • Your breach of these Terms
  • Your user content
  • Your use of the Site
  • Violation of law or rights of others

11. Termination & Suspension

We may suspend or terminate your access to the Site at any time, with or without cause or notice, including if you violate these Terms. Upon termination:

  • Your license ends
  • You may lose access to your content and account
  • Provisions that should survive (e.g. indemnification, limitation of liability, IP, etc.) still apply

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of [Your State, e.g. North Carolina], without regard to conflict of law rules.

Any dispute arising from or related to these Terms or the Site shall be resolved:

  • First by good-faith negotiation
  • If not resolved, then in the courts of [County, State] (or via binding arbitration if you prefer)

13. Changes to Terms

We can modify these Terms. We’ll post updates and change the “Last Updated” date. If changes are material, we may notify users. Continued use after changes = acceptance.

14. Severability & Waiver

If a court finds a clause invalid or unenforceable, that clause is removed and the rest remains in effect.

Our failure to enforce a right or provision is not a waiver of that right.

15. Entire Agreement

These Terms (plus Privacy Policy and auxiliary policies) constitute the entire agreement between you and us regarding the Site, superseding prior or contemporaneous agreements, proposals or communications.

16. Contact Information

For questions or disputes, contact us at:
Email: [email protected]
Address: 4220 Briarcliffe Rd.
Winston-Salem, N.C.
27106