Terms of Use
Second Peak, Inc.
Last Updated: 3/12/2026
These Terms of Use (“Terms”) govern your access to and use of the website located at www.secondpeakmd.com and any subdomains thereof, plus any mobile applications, patient portals, or other digital services provided by Second Peak or authorized to access data from those domains/subdomains (collectively, the “Website”).
By accessing or using the Website, you agree to these Terms and to our Privacy Policy and Acceptable Use Policy (together, the “Policies”), each of which is incorporated into these Terms by reference. If you do not agree, you must immediately stop using the Website. We do not consent to your use of the Website unless you agree to and comply with these Terms.
1. Definitions
For clarity, the following definitions apply:
“Second Peak,” “we,” “us,” “our” means Second Peak, Inc.
“You,” “your,” “user” means any person who accesses or uses the Website.
“Content” means all text, images, audio, video, graphics, logos, downloads, data, functionality, and other materials made available on or through the Website.
“Submissions” means any non-medical questions, comments, ideas, feedback, reviews, or other content you provide through the Website (excluding PHI submitted via a HIPAA-designated secure form or patient portal).
2. Changes to These Terms
We may update these Terms and/or the Policies at any time by posting revised versions on the Website. Changes are effective when posted. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms.
3. Eligibility; No Use by Minors
The Website is intended for users who are 18 years of age or older. By using the Website, you represent and warrant that you are at least 18.
Use of the Website is void where prohibited. We may deny access, suspend, or terminate the Website or your access to it at any time, with or without notice, including if we believe you are under 18 or have violated these Terms.
4. Informational Use Only; No Medical Advice; No Doctor–Patient Relationship
THE WEBSITE MAY INCLUDE HEALTH-RELATED INFORMATION, BUT IT IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT IS NOT MEDICAL ADVICE.
Do not use the Website to diagnose, treat, cure, or prevent any disease or condition.
Do not start, stop, or change medications or treatment plans based on Website Content.
No doctor–patient relationship is created by your use of the Website, by sending a message, completing a form, or requesting an appointment. A doctor–patient relationship exists only after
(a) an appropriate clinical evaluation; and
(b) mutual agreement to proceed with care consistent with applicable law.
Not for emergencies: If you think you may have a medical emergency, call 911 (or your local emergency number) immediately.
You are solely responsible for decisions you make regarding your health. Second Peak is not liable for any action or inaction you take based on Website Content.
5. Privacy; HIPAA; Secure Forms
Our Privacy Policy explains how we collect, use, and disclose information. Some information may be protected health information (“PHI”) under HIPAA when collected through specific secure methods.
Important:
Do not submit sensitive medical information through general Website contact forms unless explicitly designated as secure/HIPAA-compliant.
If we provide a patient portal or HIPAA-designated secure form, information submitted through that method will be handled according to our Privacy Policy and applicable law.
6. Ownership; Intellectual Property
All rights, title, and interest in and to the Website and Content—including copyrights, trademarks, service marks, trade secrets, patents, and proprietary rights—are owned by Second Peak and/or its licensors, and are protected by applicable laws.
You acknowledge that you do not acquire any ownership rights by using the Website.
Your personal information: We do not acquire ownership of your personal information merely by virtue of these Terms. Our handling of personal information is governed by our Privacy Policy.
7. Limited License to Use the Website
Subject to your compliance with these Terms, Second Peak grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Content solely for your personal, non-commercial use.
Except as expressly permitted by these Terms (or in writing by us), you may not:
Copy, reproduce, republish, upload, post, transmit, distribute, or publicly display Content;
Sell, license, rent, lease, or commercially exploit Content;
Provide access to Content to any third party (including via sharing login-protected pages);
Modify, adapt, translate, reverse engineer, decompile, or disassemble the Website or any software used to provide it;
Create derivative works from Content or the Website;
Scrape, crawl, harvest, or use automated means to access the Website or Content;
Remove or alter copyright, trademark, or other proprietary notices; or
Use the Website or Content to compete with Second Peak, directly or indirectly.
We reserve all rights not expressly granted.
8. Trademarks
All trademarks, service marks, trade names, logos, and identifiers used on the Website (“Marks”) are owned by Second Peak and/or licensors. You may not use any Marks without our prior written permission.
Third-party marks may appear on the Website solely to identify the goods/services of their owners and do not imply endorsement or affiliation unless expressly stated.
9. Linking and Framing
You may link to the public portions of the Website for lawful purposes, provided you do so in a manner that is not misleading and does not suggest sponsorship or endorsement.
You may not:
Link to login-protected pages,
“Frame” or “mirror” any portion of the Website, or
Display Content as part of another website or service without our written consent.
10. Third-Party Content; Advertisements; External Links
The Website may contain links to third-party websites, services, advertisements, or content. These are provided for convenience only.
Second Peak does not control and is not responsible for:
Third-party content accuracy,
Third-party practices, policies, or security,
Any transactions, promotions, coupons, products, or services offered by third parties.
Your dealings with third parties are solely between you and the third party.
11. User Submissions
Except where you submit PHI through a designated secure/HIPAA method, you agree that any Submissions you provide are non-confidential and become the property of Second Peak.
You grant Second Peak a perpetual, worldwide, royalty-free, irrevocable license to use, reproduce, modify, publish, translate, distribute, and otherwise exploit Submissions for any lawful purpose, without compensation to you.
You represent and warrant that:
You own or have rights to provide your Submissions, and
Your Submissions do not violate law or infringe third-party rights.
12. Enforcement; Content Removal; Remedies
We are not obligated to monitor the Website for accuracy, completeness, or inappropriate conduct. We may, in our sole discretion, remove or restrict access to Content or user activity, and we may preserve data to comply with law or to protect our rights.
If we receive a proper notice of alleged infringement or unlawful activity, we may remove or block access to relevant materials, including disabling access to an entire page if necessary.
13. Electronic Communications
By using the Website or contacting us electronically, you agree to receive communications from us electronically (e.g., email, portal messages, Website notices), unless prohibited by law.
You agree that electronic communications satisfy any legal requirement that such communications be in writing. You are responsible for maintaining accurate contact information. We are not liable for missed communications due to outdated contact details, spam filtering, or email delivery issues.
14. Termination
We may terminate or suspend your access to the Website at any time, for any reason or no reason, with or without notice, including for violations of these Terms or the Policies.
Sections that by their nature should survive termination will survive (including intellectual property, disclaimers, limitation of liability, indemnity, dispute resolution, and governing law).
15. Disclaimers of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, NON-INFRINGEMENT, AND THAT ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE.
We do not warrant that the Website is free of viruses or harmful components.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
SECOND PEAK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:(A) $100, OR (B) THE AMOUNT YOU PAID (IF ANY) TO SECOND PEAK FOR WEBSITE-RELATED SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
17. Indemnification
You agree to defend, indemnify, and hold harmless Second Peak, its affiliates, and each of their respective owners, officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
Your use or misuse of the Website;
Your violation of these Terms or the Policies;
Your violation of any law or third-party rights; or
Your Submissions or other materials you provide.
18. Dispute Resolution; Binding Arbitration; Class Action Waiver
18.1 Informal Resolution
Before filing a claim, you agree to try to resolve disputes informally by contacting us at contactus@secondpeakmd.com with a description of the issue. If we cannot resolve the dispute within a reasonable time, either party may proceed as set forth below.
18.2 Arbitration Agreement
Except where prohibited by law or as provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Policies, or your use of the Website shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules, before a single arbitrator.
18.3 Exceptions
Either party may:
Bring an individual claim in small claims court (if eligible), or
Seek injunctive or equitable relief in court for misuse of intellectual property, unauthorized access, or similar urgent issues.
18.4 Arbitration Location
Unless the parties agree otherwise, arbitration will take place Multnomah County, Portland, Oregon, or remotely if permitted by AAA rules and the arbitrator.
18.5 Class Action Waiver
YOU AND SECOND PEAK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
18.6 Jury Trial Waiver
TO THE EXTENT PERMITTED BY LAW, YOU AND SECOND PEAK WAIVE ANY RIGHT TO A TRIAL BY JURY.
19. Governing Law; Venue
These Terms are governed by the laws of the State of Oregon, without regard to conflict-of-laws principles.
To the extent any dispute is permitted to be brought in court (other than small claims), you agree to exclusive jurisdiction and venue in the state and federal courts located in Multnomah County, Oregon.
20. Miscellaneous
Entire Agreement: These Terms and the Policies constitute the entire agreement between you and Second Peak regarding the Website.
Severability: If any provision is found unenforceable, the remaining provisions remain in full force.
No Waiver: Failure to enforce any provision is not a waiver.
Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger, sale, or reorganization.
Headings: Headings are for convenience only and do not affect interpretation.
21. Contact Us
Questions about these Terms should be sent to:
Second Peak, Inc.
9450 SW Gemini Dr PMB 677324
Beaverton, Oregon 97008-7105
United States
Email: contactus@secondpeakmd.com (or the contact email listed on our Website)
ACCEPTABLE USE POLICY (EXHIBIT A)
This Acceptable Use Policy applies to your use of the Website. You agree that you will not (and will not attempt to):
Engage in illegal, abusive, or unethical conduct, including (by example and not limitation):illegal pornography, invasion of privacy, defamation, infringement of copyright/trademark/patent/trade secret, hacking or unauthorized access, malware distribution, harassment, or other harmful conduct.
Send unsolicited bulk communications, including spam or junk mail.
Violate data protection laws, including transmitting or storing sensitive personal information in an unencrypted manner where encryption is required or appropriate.
Impersonate others or misrepresent your identity or authorization, including spoofing email headers, falsifying TCP/IP packets, or disguising the origin of communications.
Undermine security or integrity of systems or networks, including attempting to probe, scan, or test vulnerability, or gain unauthorized access to systems.
Allow others to use your access to conduct prohibited activities.
Distribute files via peer-to-peer or file sharing in a way that could facilitate unauthorized distribution of copyrighted materials.
Take actions that cause Second Peak to violate any upstream provider’s acceptable use policy (e.g., hosting, email, SMS, payment processor rules).
This list is illustrative and not exhaustive. Second Peak reserves the right to determine, in its sole discretion, what constitutes unacceptable use.
If we determine (in good faith) that you engaged in conduct you reasonably believed was permitted, we may provide notice and an opportunity to cure within 24 hours. If you do not cure within that time (or if the conduct is severe), we may suspend or terminate access immediately.
Communications Decency Act Notice
Parental control protections (such as hardware, software, and filtering services) may help limit access to material that may be harmful to minors. You may locate providers by searching for “parental control software” using a major search engine.