Last Updated: [12/22/2025]

1. Acceptance of Terms

Welcome to The Acu PT Co., LLC website. By accessing, browsing, or using this website, or by scheduling, purchasing, or receiving any services or products from The Acu PT Co., LLC, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use ("Terms"), as well as our Privacy Policy and any other applicable policies referenced herein.

If you do not agree to these Terms, you must not access or use this website or our services. These Terms constitute a legally binding agreement between you and The Acu PT Co., LLC.

2. Definitions

"Company," "we," "us," or "our" refers to The Acu PT Co., LLC, a limited liability company organized under the laws of Pennsylvania.

"Provider" refers to Jhoanna Rae L. Marquez, PT, DAc, INHC (acupuncture license pending in PA and NJ).

"Clinical Services" refers to licensed healthcare services including Physical Therapy and Acupuncture (including acupressure and other non-needle techniques during licensure process).

"Wellness Services" refers to non-clinical services including Integrative Health Coaching and HeartMath Certified Practitioner services.

"Patient" refers to an individual receiving Clinical Services.

"Client" refers to an individual receiving Wellness Services.

"Site" refers to our website hosted on the Grigora platform.

3. Modification of Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site with an updated "Last Updated" date. Your continued use of the Site or services after changes are posted constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

4. Critical Distinction: Two Categories of Service

The Acu PT Co., LLC provides two distinct and legally separate categories of service. You acknowledge and expressly agree to the following critical distinctions:

A. Clinical Services (Licensed Healthcare)

Physical Therapy and Acupuncture (including acupressure, tuina, and other traditional Chinese medicine techniques) are licensed healthcare services regulated by the Pennsylvania State Board of Physical Therapy, New Jersey State Board of Physical Therapy Examiners, and upon licensure, the Pennsylvania State Board of Medicine and New Jersey State Board of Medical Examiners.

These services are provided ONLY to individuals who: have established a formal provider-patient relationship through completion of all required intake paperwork and consent documents, are physically located in the Commonwealth of Pennsylvania or the State of New Jersey at the time of service delivery, and have received and acknowledged all required notices including HIPAA Notice of Privacy Practices, Consent to Treat, and financial policies.

Clinical Services create a provider-patient relationship governed by state and federal healthcare law, including HIPAA. Clinical records are maintained as Protected Health Information (PHI) in our HIPAA-compliant EMR system (OptiMantra). Clinical Services may be billed to insurance (where we are contracted as in-network providers) or provided on a fee-for-service basis. For out-of-network benefits, we may provide documentation for you to submit claims directly to your insurer, but we make no guarantee of reimbursement.

B. Wellness Services (Non-Clinical Education and Coaching)

Integrative Health Coaching and HeartMath Certified Practitioner services are educational, wellness, and personal development services. These services are NOT healthcare, medical treatment, mental health counseling, psychotherapy, or any form of licensed behavioral health service.

Wellness Services are available to individuals located anywhere, as these services do not require state licensure and do not constitute the practice of medicine or any regulated health profession. Engaging in Wellness Services does not create a doctor-patient, therapist-client, or any other healthcare relationship. The Provider is acting solely as a certified coach and mentor during these sessions, not as a Physical Therapist or Acupuncturist.

Wellness Services are not covered by health insurance and are provided on a private-pay basis only. Records from Wellness Services are maintained separately from Clinical medical records and are not classified as PHI under HIPAA, though we maintain strict confidentiality standards.

You may not receive both Clinical Services and Wellness Services simultaneously from the same Provider without explicit written acknowledgment of the distinction and separate signed agreements for each service type.

5. Eligibility and Authority

You must be at least 18 years of age to enter into this agreement. If you are scheduling services for a minor child, you represent and warrant that you are the parent or legal guardian of that child and have the legal authority to consent to treatment on their behalf. In cases of divorce, separation, or custody disputes, you agree to provide current court orders establishing legal custody and medical decision-making authority before services are rendered.

6. License to Use Site

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial use only. This license does not include any right to: use any data mining, robots, scraping, or similar data gathering or extraction methods; copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content on the Site for any purpose without our express written consent; modify or create derivative works based on the Site or its content; reverse engineer, decompile, or disassemble any software or technology underlying the Site; remove, alter, or obscure any copyright, trademark, or other proprietary rights notices; or frame or link to the Site without our written permission.

7. Intellectual Property Rights

The Site and its entire contents, features, and functionality, including but not limited to all text, graphics, logos, images, videos, audio clips, data compilations, software, design elements, and the selection and arrangement thereof, are owned by The Acu PT Co., LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our trademarks, service marks, and logos (including "The Acu PT Co." and any associated branding) may not be used in connection with any product or service without our prior written permission. All other trademarks, service marks, and logos appearing on the Site are the property of their respective owners.

Educational materials, blog posts, downloadable guides, video content, and other resources provided on this Site are proprietary works intended for your personal education only. You may not reproduce, republish, distribute, sell, or create derivative works from this content without our express written authorization.

8. User Content and Communications

If you submit or post any content to our Site (including comments, testimonials, reviews, or messages through contact forms), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

You represent and warrant that you own or control all rights in and to any content you submit, that the content is accurate and not misleading, and that the use of such content does not violate these Terms or any applicable law or regulation, or infringe any third-party rights.

We reserve the right (but have no obligation) to monitor, edit, or remove any user content at our sole discretion without notice.

9. Testimonials and Reviews

Testimonials appearing on this Site represent the experiences of specific individuals and are not typical results. Individual outcomes from Clinical Services or Wellness Services vary significantly based on multiple factors including but not limited to baseline condition, adherence to recommendations, other treatments received, and individual physiological and psychological differences. No testimonial should be construed as a guarantee or promise of similar results.

By submitting a testimonial or review, you consent to our use of your first name, last initial, and general location (city/state) along with your comments in our marketing materials, unless you specifically request anonymity.

10. Prohibited Uses

You agree not to use the Site for any unlawful purpose or in any way that violates these Terms, for any fraudulent or malicious purpose, to transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material (spam), to impersonate or attempt to impersonate the Company, another user, or any other person or entity, to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or to use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site.

11. Medical Disclaimer and Limitation on Advice

THIS IS A CRITICAL SECTION. PLEASE READ CAREFULLY.

A. General Website Content

The content provided on this Site, including but not limited to text, graphics, images, videos, blog posts, downloadable guides, social media posts, and other materials, is for general informational and educational purposes only. It is not intended to be, and should not be interpreted as, professional medical advice, diagnosis, or treatment for any specific individual or condition.

The information provided on this Site should not be used as a substitute for the medical care and advice of your pediatrician or other qualified healthcare provider. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding your child's medical condition or treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

If you think your child may have a medical emergency, call your doctor, call 911, or go to the nearest emergency room immediately. Reliance on any information provided by this Site is solely at your own risk.

B. No Provider-Patient Relationship via Website

Merely visiting this Site, reading content, downloading materials, or submitting a contact form does not create a provider-patient relationship between you and The Acu PT Co., LLC or Jhoanna Rae L. Marquez, PT, DAc, INHC. A formal provider-patient relationship is established only when you have completed and signed all required intake documents, consent forms, and financial agreements, and the Provider has accepted you as a patient.

C. Scope of Practice Limitations

Physical Therapy and Acupuncture services are provided only within the scope of practice authorized by Pennsylvania and New Jersey law and only to patients physically located in states where the Provider holds an active, unrestricted license.

During the period in which acupuncture licensure is pending, the Provider will use only non-needle techniques (acupressure, tuina, auricular seeds, cupping if applicable under PT scope) when working with pediatric patients. Once licensed, the Provider may offer needle acupuncture to minors only with explicit parental consent and in accordance with state regulations.

The Provider does not diagnose or treat mental health conditions, prescribe medication, or provide services outside the scope of physical therapy and acupuncture practice as defined by state law.

D. Wellness Services Disclaimer

Integrative Health Coaching and HeartMath services are educational and supportive in nature. These services are not a substitute for medical care, mental health counseling, or psychotherapy. If you are experiencing a mental health crisis, suicidal thoughts, or acute psychological distress, you should immediately contact a mental health professional, your physician, the National Suicide Prevention Lifeline (988), or emergency services (911).

Results from coaching and HeartMath practices vary significantly among individuals. We make no guarantees regarding specific outcomes, stress reduction, emotional improvements, or health benefits from these services.

E. No Guarantees of Outcome

Healthcare is inherently uncertain. We do not guarantee, warrant, or promise any specific outcome, cure, or result from Clinical Services or Wellness Services. The Provider will use professional judgment and evidence-based practice, but individual responses to treatment vary, and outcomes depend on many factors outside the Provider's control.

12. Telehealth Services

A. Availability and Eligibility

Telehealth services (video and phone consultations) are available only to patients and clients who are physically located in Pennsylvania or New Jersey at the time of the telehealth session. You agree to accurately disclose your physical location at the start of every telehealth appointment.

Providing false information about your location may result in immediate termination of services and may violate state law. The Provider reserves the right to decline or terminate a telehealth session if there is any question about your location or if the Provider determines that in-person evaluation or treatment is clinically necessary.

B. Technology Requirements and Limitations

You are responsible for ensuring you have adequate internet connectivity, a device with camera and microphone capabilities (for video sessions), and a private, quiet space for telehealth appointments. We use Consolto, a HIPAA-compliant telehealth platform, but cannot guarantee uninterrupted service due to factors outside our control (internet outages, equipment failure, platform technical issues).

You acknowledge and accept that telehealth has inherent limitations compared to in-person care, including inability to perform hands-on physical examination or manual therapy, potential for technology failures or poor connection quality affecting communication, potential privacy risks if you are not in a private location, and limited ability to respond to medical emergencies.

If a clinical emergency arises during a telehealth session, you agree to immediately contact 911 or go to the nearest emergency room. The Provider will assist remotely to the extent possible but cannot provide hands-on emergency care via telehealth.

C. Parental Presence

For telehealth services provided to minors, a parent or legal guardian must be present and visible on camera for the duration of the session unless otherwise agreed in writing by the Provider.

13. Financial Terms

A. Payment for Clinical Services

If we are contracted as an in-network provider with your insurance plan, you are responsible for any applicable copayments, coinsurance, and deductibles at the time of service. If we are out-of-network with your insurance, payment in full is due at the time of service. We may provide a superbill (detailed receipt) that you can submit to your insurance company for potential out-of-network reimbursement, but we make no guarantee that your insurer will provide any reimbursement.

For patients covered by Medicare, Medicaid, or other government programs, you acknowledge that if we are not enrolled as a provider with that program, you are responsible for payment in full and may not be eligible for reimbursement.

B. Payment for Wellness Services

All Wellness Services (coaching, HeartMath) are private-pay only and are not billable to insurance. Payment is due at the time of service or according to package pricing if you have purchased a series of sessions.

C. Late Cancellation and No-Show Policy

We require at least 24 hours' notice for cancellation or rescheduling of any appointment (Clinical or Wellness). Cancellations made with less than 24 hours' notice, or failure to appear for a scheduled appointment without notice, may result in a cancellation fee equal to 50% of the session fee (or the full session fee for no-shows without notice).

This policy is necessary because your appointment time is reserved exclusively for you. Late cancellation fees are not billable to insurance and are your responsibility. Repeated late cancellations or no-shows may result in discharge from our practice.

D. Insurance Verification

While we will attempt to verify your insurance benefits prior to your first appointment, benefits information provided by insurance companies is not a guarantee of payment. Your insurance company makes the final determination of coverage and payment. You are responsible for any amounts not covered by your insurance, including services deemed not medically necessary or experimental by your insurer.

E. Collections

If you fail to pay amounts owed after receiving multiple billing statements, your account may be sent to a collections agency. You will be responsible for all costs of collection, including reasonable attorney fees.

14. Purchases and Refunds

A. Digital Products

All sales of digital products (e-books, downloadable guides, video courses, exercise programs) are final and non-refundable. Due to the immediate nature of digital delivery and the impossibility of "returning" digital content after access, we cannot offer refunds once a digital product has been purchased and accessed.

If you experience technical difficulties accessing a digital product you have purchased, contact us at [Insert Business Email Address] and we will work to resolve the technical issue.

B. Physical Products

If we sell any physical products (books, therapeutic equipment, etc.), returns are accepted within 14 days of delivery only if the item is unopened, unused, and in its original packaging. Return shipping costs are the responsibility of the purchaser unless the item was defective or we shipped the incorrect item.

C. Service Packages

If you purchase a package of multiple sessions (coaching package, series of PT sessions, etc.), refunds for unused sessions may be provided at our discretion on a prorated basis, minus any package discount you received and minus a $50 administrative fee. Refund requests must be made in writing.

D. Good Faith Estimate Acknowledgment

Under the No Surprises Act (federal law effective January 1, 2022), uninsured or self-pay patients have the right to receive a Good Faith Estimate of expected charges before receiving services. We will provide this estimate upon request or when scheduling services. If you receive a bill that is at least $400 more than your Good Faith Estimate, you have the right to dispute the bill. See Document G (Good Faith Estimate Notice) for complete information.

15. Assumption of Risk

You acknowledge that all healthcare services, including physical therapy and acupuncture, carry inherent risks. While these services are generally safe when provided by qualified professionals, potential risks include but are not limited to temporary increase in pain or discomfort, muscle soreness, minor bruising or skin irritation, lightheadedness or fatigue, and in rare cases, more serious complications.

By consenting to services, you acknowledge that you have been informed of these risks and accept them as part of the treatment process. You agree that the Provider and The Acu PT Co., LLC have made no guarantees regarding the outcome of treatment.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ACU PT CO., LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, "COMPANY PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR SERVICES OR OTHERWISE UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO US FOR SERVICES IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION DO NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR IN CIRCUMSTANCES WHERE SUCH LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW.

17. Indemnification

You agree to defend, indemnify, and hold harmless The Acu PT Co., LLC and all Company Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from: your use of and access to the Site or services; your violation of any term of these Terms; your violation of any third-party right, including without limitation any copyright, property, or privacy right; any claim that your use of the Site or services caused damage to a third party; or any content you submit, post, or transmit through the Site.

This indemnification obligation will survive termination of these Terms and your use of the Site.

18. Dispute Resolution

A. Informal Resolution

Before filing any formal legal action, you agree to first contact us at [Insert Business Email Address] to attempt to resolve the dispute informally. We will make good faith efforts to resolve disputes amicably before resorting to litigation.

B. Governing Law

These Terms and any dispute arising out of or related to these Terms or your use of the Site or services shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions.

C. Venue and Jurisdiction

Any legal suit, action, or proceeding arising out of or related to these Terms, your use of the Site, or services provided by The Acu PT Co., LLC shall be instituted exclusively in the state courts of Pennsylvania located in Northampton County, Pennsylvania, or in the United States District Court for the Eastern District of Pennsylvania. You waive any objection to venue in these courts and any claim that such courts are an inconvenient forum.

D. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

19. Termination

We reserve the right, in our sole discretion, to terminate or suspend your access to the Site or services, without prior notice, for any reason, including but not limited to violation of these Terms, providing false or misleading information, engaging in abusive or threatening behavior toward our staff, failure to pay amounts owed, or for any other reason we deem appropriate.

Clinical patients may be discharged from care for non-compliance with treatment recommendations, missed appointments without notice, abusive behavior, or completion of the treatment plan. Discharge does not relieve you of the obligation to pay for services already rendered.

Upon termination, your right to use the Site and access services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent, or if that is not possible, such provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

21. Waiver

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

22. Entire Agreement

These Terms, together with our Privacy Policy, HIPAA Notice of Privacy Practices (for clinical patients), and any other written agreements you sign with us (Consent to Treat, Coaching Agreement, etc.), constitute the entire agreement between you and The Acu PT Co., LLC regarding your use of the Site and services, and supersede all prior or contemporaneous understandings and agreements, whether written or oral.

23. Electronic Communications and Signatures

You consent to receive communications from us electronically, including via email, text message (if you have provided your mobile number), or by posting notices on our Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Electronic signatures on intake forms, consent documents, and agreements are legally binding and have the same force and effect as handwritten signatures.

24. Assignment
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms and any rights or obligations hereunder to any party at our discretion, including in connection with a merger, acquisition, restructuring, or sale of assets.

25. Notice Provisions
All notices, requests, demands, and other communications required or permitted under these Terms shall be in writing and shall be deemed properly given when delivered personally, sent by confirmed email, sent by certified or registered mail (postage prepaid, return receipt requested), or sent by recognized overnight courier service, to the following addresses:

To The Acu PT Co., LLC:
The Acu PT Co., LLC
Attn: Legal Compliance
c/o Northwest Registered Agent, LLC (Nat Smith)
502 W 7th St., Ste 100
Erie, PA 16502-1333
Email: hello@theacupt.co

To You:
At the email address or mailing address you most recently provided to us in your account information or intake paperwork.
You are responsible for keeping your contact information current. Notice shall be deemed given 24 hours after email is sent (unless the sender receives an error message), upon personal delivery, three business days after mailing, or one business day after sending via overnight courier.

26. Force Majeure
We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemic, epidemic, government restrictions, labor disputes, utility failures, or interruptions in telecommunications or internet services.

27. Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.

28. Questions and Contact Information
If you have any questions about these Terms, please contact us at:
The Acu PT Co., LLC
c/o Northwest Registered Agent, LLC (Nat Smith)
502 W 7th St., Ste 100
Erie, PA 16502-1333
Email: hello@theacupt.co
Phone: (484)591-9491

BY USING THIS SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.