Terms & Conditions

Last Updated: 29 October, 2026 Please read this terms of use and service agreement (“agreement” or “terms”) carefully. This constitutes a legally binding contract between you (“user”) and Emerald Peak Performance, along with its subsidiaries, successors, and permitted assigns us.  By accessing or using our website located at Emerald Peak Performance, any related subdomains, mobile platforms, digital interfaces, or back-office portals (collectively, the “platform”), or by purchasing any goods, subscriptions, or facilitated services offered through the platform, you attest and agree that you have read, understood, and covenanted to be bound by these terms in full. If you do not agree to these terms in their entirety, do not attempt to register an account, browse, or purchase goods through the platform.

1. EMERGENCY MEDICAL ADVICE DISCLAIMER

Do not use the platform for medical emergencies. If you believe you are experiencing an acute health incident, adverse drug reaction, life-threatening emergency, or mental health crisis, discontinue use immediately and dial 911 (or your local emergency reporting number) or report to the nearest emergency room facility. 

The platform is an administrative, technical, and electronic commerce conduit. company is not a direct healthcare clinic and does not engage in the practice of medicine or pharmaceutical dispensation.

2. PLATFORM ARCHITECTURE & THIRD-PARTY SERVICE RELATIONSHIPS

2.1. Operational Separation. The Platform acts as a digital infrastructure connecting consumers with non-clinical goods, educational health content, administrative tracking tools, and where explicitly requested and medically appropriate, a collaborative network of independently operated, third-party licensed medical practices, telemedicine clinical groups (the “Providers”), and licensed mail-order fulfillment pharmacies (the “Pharmacies”).

2.2. No Direct Doctor-Patient Relationship with the Company. By using this Platform, you acknowledge that no doctor-patient, fiduciary, or clinical relationship is established between you and the Company. Any clinical evaluation, diagnosis, prescription issuance, laboratory order, or medical direction is performed solely and exclusively by the independent Providers exercising their autonomous medical judgment. 

2.3. Third-Party Beneficiary Status. You expressly acknowledge and covenant that independent Providers, medical groups, and partner Pharmacies utilized to review your assessments or fulfill orders are intended third-party beneficiaries of the liability releases, disclaimers, risk assumptions, and dispute provisions set forth in this Agreement.

2.4. Electronic Prescriptions. If a Provider issues a prescription, you preserve the statutory right to have that prescription routed to a pharmacy of your choice where legally permitted. If you elect to have your fulfillment routed to an external retail or compounding pharmacy not natively connected to our Platform, you assume full responsibility for coordinating logistics, insurance billing, and direct retail payment.

3. USER ELIGIBILITY, REGISTRATION & ACCOUNT INTEGRITY

3.1. Age Gating. You must be at least eighteen (18) years of age, or the legal age of majority in your specific home jurisdiction, to create a Customer Account or purchase non-topical consumables. Any use of the Platform by minors under the age of eighteen (18) is strictly prohibited and constitutes a material breach of this Agreement unless authorized by a parent or legal guardian solely for non-prescription over-the-counter skincare lines. 3.2. Account Truthfulness. You represent, warrant, and covenant under penalty of immediate account termination that all intake documentation, identity verification records, demographic data, medical histories, and payment credentials submitted to the Platform are fully accurate, non-misleading, and current. You agree not to impersonate any individual or use an alias designed to circumvent clinical eligibility screens. 3.3. Credential Security. You are solely liable for safeguarding the confidentiality of your username, multi-factor tokens, and passwords. You agree to notify the Company immediately at support@ep2wellness.com upon suspecting unauthorized entry or credential leakage. We disclaim all liability for damage, balance depletion, or medical data exposure stemming from your failure to prevent physical or digital compromise of your devices.

4. ELECTRONIC COMMUNICATIONS, TELECOMMUNICATIONS & RECORDING CONSENTS

4.1. Electronic Notices. Visiting the Platform, generating customer support tickets, transmitting portal messages, or completing checkout constitute electronic interactions. You agree that all legal notices, disclosures, terms modifications, invoice receipts, and administrative alerts transmitted electronically fulfill all statutory mandates that such communications be in writing.

4.2. Telephone Consumer Protection Act (TCPA) Consent. By supplying your mobile phone number, you explicitly grant Company, its clinical affiliates, and courier partners permission to contact you via auto-dialed calls, prerecorded voice systems, and SMS/MMS messages concerning order fulfillment, prescription refills, shipment tracking, and administrative notifications. Messaging and standard cellular carrier data rates may apply.

You may opt out of SMS communications at any time by replying “STOP”. You acknowledge that opting out of SMS alerts may impair your ability to receive time-sensitive clinical updates, billing notices, or delivery authorizations.

4.3. Audio/Visual Interaction Recordings. For quality assurance, clinical integrity, training, and fraud defense, Company and affiliated Providers reserve the contractual right to record, transcribe, and retain audio or visual encounters conducted through the Platform’s telemedicine interfaces. Such recordings are treated as strictly confidential business and health records.

5. COMMERCIAL TRANSACTIONS, BILLING & SUBSCRIPTIONS

5.1. Cash-Pay Acknowledgment (Medicare/Medicaid Exclusion). Products and facilitated services offered via the Platform are conducted strictly on a direct cash-pay basis. Company and partner Pharmacies do not participate in, nor bill against, federal or state health programs (e.g., Medicare, Medicaid, TRICARE) or commercial insurance providers. You acknowledge that you bear 100% individual financial responsibility for all purchases, and you covenant not to submit commercial claims for reimbursement under any circumstances.

5.2. Card-on-File & Automatic Billing Authorization. Enrolling in an automatically recurring subscription constitutes your ongoing express authorization for Company (and our PCI-compliant payment gateway processors) to bill your primary payment card at the recurring interval and rate displayed at checkout. 

Backup Payment Authorization: If charges to your primary payment instrument are declined, you grant the Company the irrevocable right to process payment against any secondary, previous, or backup payment credentials saved to your account.

Card Updater Networks: You permit Company and its billing intermediaries to request, obtain, and execute charges using updated expiration dates, card numbers, and credential tokens issued by your banking institution under account updater programs

6. ACCEPTABLE USE & CODE OF CONDUCT

You expressly covenant not to:

  1. Deploy scrapers, deep-links, web-harvesting spiders, bot architectures, or automated queries across the Platform;
  2. Reverse-engineer, decompile, mirror, intercept data streams, or access underlying source code or APIs of the Platform;
  3. Interfere with the operations of the Platform via Distributed Denial of Service (DDoS) vectors, malware, Trojans, logic bombs, or automated form inundation;
  4. Exploit the clinical intake process by manipulating weight, clinical symptoms, or photographic evidence to obtain prescription formulations otherwise clinically contraindicated;
  5. Divert, re-sell, distribute, or export prescription formulations or clinical products outside the licensed patient profile.

7. INTELLECTUAL PROPERTY & PROPRIETARY SUBMISSIONS

7.1. Proprietary Retainers. The compilation, visual arrangement, user interface layouts, software scripts, product guides, copy, graphic assets, video modules, and trademarks displayed on the Platform are the exclusive intellectual property of the Company or its licensors, protected under domestic and international copyright and trademark jurisprudence. 7.2. Transmitted Non-Clinical Submissions. Excluding clinical and medical data governed by our Privacy Policy, any communications, suggestions, product reviews, enhancement ideas, or creative concepts transmitted to Company via the Platform (“Transmitted Material”) become the sole and exclusive proprietary asset of Company upon transmission. Company may exploit, adapt, commercialize, disclose, and publish Transmitted Material without royalty, license, or attribution obligations to you. 7.3. DMCA Takedown Provisions. If you assert that any material on our Platform infringes upon a valid copyright under 17 U.S.C. § 512, dispatch a formal statutory takedown notification to our designated Copyright Agent at Support@ep2wellness.com or by mail at 317 35th Avenue NE, Great Falls, MT 59404. Misrepresentations of infringement subject the asserting party to liability for statutory costs and legal fees under 17 U.S.C. § 512(f).

8. DISCLAIMER OF WARRANTIES

The platform, content, and all products facilitated or sold are provided on an “as is” and “as available” basis without representations or warranties of any kind, either express, statutory, or implied. 

To the maximum extent permissible under applicable law, the company and its affiliates expressly disclaim all warranties, including but not limited to: implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, uninterrupted system availability, or freedom from viral code. We do not guarantee that any product or protocol delivered is the definitive, safe, or optimal clinical course for your individual health circumstance.

9. LIMITATION OF LIABILITY & DAMAGE EXCLUSIONS

9.1. Exclusion of Damages. To the maximum extent permissible by applicable jurisprudence, neither company, its directors, shareholders, workers, partner providers, nor pharmacies shall be liable for any consequential, incidental, indirect, exemplary, special, or punitive damages, including without limitation: lost profits, business interruption, data corruption, bodily injury, emotional distress, or failure of clinical efficacy, arising out of or in connection with your use or inability to use the platform or associated products, regardless of whether such liability sounds in contract, tort, strict liability, or otherwise.

9.2. Absolute Liability Cap. Notwithstanding anything contained herein, the cumulative liability of the company and its third-party beneficiaries arising from any dispute or claim whatsoever shall be strictly limited to and shall not exceed the total aggregate dollar sum actually transferred and paid by you to the company for the specific transaction or subscription period underlying the claim.

9.3. One-year claim preclusion. You expressly agree that any cause of action, dispute, or claim arising out of or related to these terms, the platform, or our services must be formally commenced via arbitration filing within one (1) calendar year after the underlying act, omission, or breach accrued; otherwise, such claim is forever legally waived and barred.

10. INDEMNIFICATION & GENERAL RELEASE

10.1. Indemnity Defense. You agree to defend, indemnify, and hold harmless Company, its corporate affiliates, clinical networks, dispensing pharmacies, officers, contractors, and agents from and against all legal claims, losses, expenses, governmental fines, and liabilities (including attorney fees) arising from: (a) your use or misuse of the Platform or purchased products; (b) any fraudulent, inaccurate, or forged information submitted in your intake assessments; (c) your breach of this Agreement; or (d) your violation of third-party intellectual property or constitutional rights.

10.2. Statutory Release Waiver. By consenting to these Terms, you expressly waive the protections of any statute or common-law principle (such as California Civil Code Section 1542, Delaware Code equivalents, or foreign equivalents) which dictates that: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement.”

11. MANDATORY BINDING ARBITRATION & CLASS ACTION WAIVER

11.1. Binding Arbitration. Any conflict, controversy, or dispute arising out of this Agreement, the Platform, or purchases made through Company shall be resolved solely through mandatory, individual, binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and Consumer Due Process Protocol. The hearing venue shall be Great Falls, Montana. Judgment upon the award rendered by the arbitrator may be entered in any court possessing jurisdiction. 11.2. Waiver of Jury Trial & Class Actions. You hereby irrevocably waive the right to sue in a court of law, trial before a jury, or to engage as a lead, class representative, or class member in any purported class, representative, or mass action litigation. the arbitrator possesses no jurisdiction to combine, consolidate, or proceed with multi-party actions.

12. GENERAL PROVISIONS

12.1. Governing Law. This Agreement is formed under and shall be governed strictly according to the statutory and common laws of the State of Montana, USA, without honoring conflict-of-law doctrines. 12.2. Severability. If an arbitrator or court of competent jurisdiction determines that any portion of this contract is void, unlawful, or unenforceable, that subsection shall be severed or modified to the least extent possible, and the remaining terms shall survive in complete, enforceable effect. 12.3. Non-Assignment. You may not assign, transfer, or delegate your rights or burdens under these Terms to any other person. The company may freely assign its rights and liabilities under this contract in connection with any corporate restructuring, acquisition, asset liquidation, or merger.

13. CONTACT & INQUIRIES

Legal Notices and Operational Complaints may be submitted to:  

Company: Emerald Peak Performance

Email:  support@ep2wellness.com