These Terms of Use ("Terms") govern your access to and use of the website located at peakbodymind.com and any related pages, content, and features (collectively, the "Site"), operated by Peak Body and Mind ("Peak Body & Mind," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

1. Educational Purpose Only - No Medical Advice

The content on this Site - including descriptions of conditions, treatments, modalities, protocols, diagnostics, and clinical philosophy - is provided for general educational and informational purposes only. It is not medical advice, and it is not a substitute for professional evaluation, diagnosis, or treatment by a qualified healthcare provider who knows your individual circumstances.

Nothing on this Site should be used to diagnose or treat any health condition. Your clinician determines what is appropriate for you. Always seek the advice of your physician or another qualified provider with any questions about a medical condition, and never disregard or delay professional medical advice because of something you read on this Site.

2. No Provider-Patient Relationship

Using this Site, submitting a consultation request or contact form, or otherwise communicating with us through the Site does not create a provider-patient, clinician-patient, or any other treatment relationship between you and Peak Body & Mind. A treatment relationship is established only after you complete our formal intake process, are accepted into care, and enter into a separate written patient service agreement. Do not send confidential health information through the Site's general contact channels; use only the secure methods we designate once you are a patient.

3. Not for Emergencies

This Site and our practice are not for medical or psychiatric emergencies. Care is provided by appointment only. If you are experiencing a medical emergency, are in crisis, or are having thoughts of harming yourself or others, call 911 or go to the nearest emergency room. In the United States, you can also call or text 988 to reach the Suicide and Crisis Lifeline. Do not rely on this Site or on any form, email, or message to us for urgent or emergency needs.

4. Direct-Pay Practice

Peak Body & Mind is a direct-pay practice and does not bill insurance. Any references to fees, pricing, or the cost of consultations or services on the Site are for general information only and do not constitute an offer or a binding quote. Specific fees, payment terms, cancellation policies, and the scope of services are governed by the separate written agreement provided to you as part of the intake process. All amounts are quoted in U.S. dollars (USD).

5. Eligibility

The Site is intended for users who are 18 years of age or older. By using the Site, you represent that you are at least 18 and legally able to enter into these Terms. The Site is intended for users located in the United States; we make no representation that its content is appropriate or available for use elsewhere.

6. Individual Results May Vary

Any outcomes, patient trajectories, case patterns, or descriptions of what treatment "may" accomplish that appear on the Site are illustrative and not a promise or guarantee of results. Every patient's biology, history, and response are different. Statements about treatments - including emerging or investigational modalities - reflect general clinical education and are not assurances of any particular outcome for you.

7. Testimonials and Third-Party Content

Any testimonials or third-party statements that may appear on the Site reflect the individual experiences of the people who provided them and are not representative of every patient. The Site may contain links to third-party websites, resources, or references provided for convenience. We do not control and are not responsible for the content, accuracy, or practices of any third-party site, and a link does not imply our endorsement.

8. Intellectual Property

All content on the Site - including text, clinical frameworks, treatment-phase models, protocol descriptions, graphics, logos, images, and the selection and arrangement of that content - is owned by or licensed to Peak Body & Mind and is protected by U.S. and international copyright, trademark, and other intellectual-property laws.

The proprietary clinical protocols, frameworks, and methods developed by Joshua Swigart, APRN, PMHNP-BC and Peak Body & Mind are the exclusive property of their respective owners. You may view and print Site content for your own personal, non-commercial reference only. You may not copy, reproduce, republish, distribute, modify, create derivative works from, or commercially exploit any Site content without our prior written permission. "Peak Body & Mind" and associated logos are trademarks of Peak Body & Mind; nothing on the Site grants any license to use them.

9. Acceptable Use

You agree not to use the Site to: (a) violate any applicable law or regulation; (b) infringe the rights of others; (c) upload or transmit any harmful code, or attempt to gain unauthorized access to the Site or its systems; (d) scrape, harvest, or collect information about other users; (e) interfere with or disrupt the Site's operation; or (f) use the Site or its content to provide medical services to others or for any commercial purpose without our written consent.

10. Privacy

Your use of the Site is also governed by our Privacy Policy, which explains how information submitted through the Site is handled. Protected health information you provide once you are a patient is handled in accordance with our HIPAA Notice of Privacy Practices and applicable law, not under this Site's Privacy Policy. Please review both. 

11. Disclaimer of Warranties

The Site and all content are provided "as is" and "as available," without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that any information on the Site is complete, current, or accurate. To the fullest extent permitted by law, we disclaim all such warranties.

12. Limitation of Liability

To the fullest extent permitted by applicable law, Peak Body & Mind and its owners, providers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss arising out of or relating to your access to or use of (or inability to use) the Site or its content, even if advised of the possibility of such damages. This limitation does not apply to the professional care provided under a separate patient service agreement, which is governed by that agreement and applicable law, and it does not limit any liability that cannot be limited under applicable law. 

13. Indemnification

You agree to indemnify and hold harmless Peak Body & Mind and its owners, providers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your misuse of the Site or your violation of these Terms or applicable law.

14. Governing Law and Venue

These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-laws rules. Subject to Section 15, you agree that any dispute arising out of or relating to the Site or these Terms will be brought exclusively in the state or federal courts located in Washoe County, Nevada, and you consent to their jurisdiction.

15. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date above reflects the most recent version. Changes are effective when posted. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

17. Severability; Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. These Terms, together with the documents referenced in them, constitute the entire agreement between you and Peak Body & Mind regarding your use of the Site.

18. Contact

Questions about these Terms may be directed to:

Peak Body & Mind
530 Hammill Ln, Reno, NV 89511
Phone: 775-376-1124
Email: peak@peakbodymind.com