Terms of Service

Effective Date: August 4, 2026

These Terms and Conditions govern your use of thekestners.com, online forms, scheduling tools, text messaging programs and other digital services operated by Kestner Health + Wellness.

By accessing the website, submitting a form, scheduling an appointment or using our digital services, you acknowledge that you have read and agree to these Terms and Conditions.

1. Practice Information

Kestner Health + Wellness
7097 Old Harding Pike, Suite F
Nashville, Tennessee 37221
Phone: (615) 646-6700
Email: info@thekestners.com

References to "Kestner Health + Wellness," "we," "us" or "our" mean the practice and its authorized personnel.

2. Informational Purposes Only

Website content is provided for general educational and informational purposes. It is not a substitute for an examination, diagnosis, individualized treatment plan or advice from a qualified healthcare professional.

Information about chiropractic care, weight management, nutrition, red-light therapy, massage, peptide therapy, supplements or other wellness services may not be appropriate for every person.

Do not begin, stop or change treatment based solely on website content.

3. No Provider-Patient Relationship

Using the website, submitting a contact form, receiving an automated response or communicating by email or text does not by itself create a doctor-patient or other healthcare-provider relationship.

A provider-patient relationship is established only after the practice accepts you as a patient and completes the applicable intake, consent and clinical processes.

We may decline or refer a prospective patient when a requested service falls outside our scope, clinical judgment, availability or professional obligations.

4. Emergencies

The website, online forms, email, text messages and website chat are not emergency services and may not be monitored continuously.

For a medical emergency, call 911 or go to the nearest emergency department.

Do not submit urgent symptoms, emergency requests or time-sensitive medical information through a general online form.

5. Eligibility and Minor Patients

You must be legally capable of agreeing to these Terms.

A parent, guardian or legally authorized representative must act for a minor when consent is required. By submitting information for another person, you represent that you have authority to do so.

6. Appointments

An online appointment request is not confirmed until Kestner Health + Wellness communicates confirmation.

Appointment availability may change. We may contact you to:

• Confirm your requested time
• Offer an alternative time
• Collect additional information
• Determine whether the requested service is appropriate
• Explain preparation, payment or intake requirements

You are responsible for providing accurate contact information and notifying us if it changes.

7. New-Patient Offers and Promotions

New-patient specials, introductory pricing and promotions:

• Are available only for the stated period
• May be limited to qualifying new patients
• May not be combined with other discounts
• May exclude services not specifically listed
• May be modified or discontinued as permitted by law
• Do not guarantee a diagnosis, outcome or particular course of care
• May be subject to clinical eligibility and provider judgment

The currently advertised new-patient offer includes only the services expressly identified in the offer. Additional services, treatment, products, imaging, laboratory testing or follow-up care may involve separate charges.

Where insurance or government-program rules prohibit or restrict an offer, those rules control.

8. Payment and Insurance

You are responsible for understanding your financial obligations, including deductibles, copayments, coinsurance, non-covered services and amounts not paid by an insurer.

Any insurance-related statement on the website is general information and not a guarantee of coverage or payment. Benefits must be verified based on your plan and circumstances.

Separate financial, cancellation, refund or payment policies presented during intake or treatment are incorporated into these Terms where applicable.

9. No Guarantee of Results

Healthcare and wellness outcomes vary from person to person.

We do not guarantee:

• Pain relief
• Weight loss
• Functional improvement
• Correction of any condition
• A particular treatment response
• Permanent results
• Eligibility for a particular service

Testimonials, reviews, photographs, case examples and reported outcomes represent individual experiences. They are not promises that another patient will achieve the same result.

10. Text Messaging Terms

By entering your mobile number, checking an SMS consent box or otherwise expressly opting in, you authorize Kestner Health + Wellness and service providers acting on its behalf to send text messages to the number provided.

Messages may include:

• Responses to your inquiry
• Appointment confirmations and reminders
• Scheduling information
• New-patient instructions
• Office updates
• Educational messages
• Promotional offers and information about practice services

Message frequency varies. Message and data rates may apply.

Consent is not a condition of purchasing goods or services or receiving treatment.

You may opt out at any time by replying STOP. After opting out, you may receive one final message confirming your request. For assistance, reply HELP or call (615) 646-6700.

You represent that:

• You are the subscriber or customary user of the telephone number provided
• You are authorized to consent to receive messages at that number
• The information you provide is accurate
• You will notify us if the number is reassigned, disconnected or no longer belongs to you

Mobile carriers are not liable for delayed or undelivered messages. Message delivery is subject to carrier availability and network conditions.

We may change or discontinue an SMS program at any time.

Mobile information, SMS opt-in records and consent data will not be sold or shared with third parties for their independent marketing purposes.

11. Email Communications

By affirmatively opting in to email communications, you authorize us to send requested information, appointment communications, educational materials, office updates and promotional messages.

You may unsubscribe from marketing emails by selecting the unsubscribe link included in the email. Transactional, clinical, account-related or legally required communications may continue when appropriate.

12. Electronic Communication Risks

Ordinary email and SMS are not guaranteed to be encrypted or completely secure. Another person with access to your device, account or telephone number may be able to view messages.

Do not send Social Security numbers, payment card numbers, complete medical histories or similarly sensitive information through general email or SMS unless instructed to use an approved secure method.

You may request a reasonable alternative communication method by contacting our office.

13. Privacy and HIPAA

Our handling of website information is described in our Privacy Policy.

Information maintained as part of a patient record is also governed by our separate HIPAA Notice of Privacy Practices and applicable federal and Tennessee laws.

Nothing in these Terms waives or reduces rights that cannot legally be waived.

14. Acceptable Use

You agree not to:

• Use the website unlawfully or fraudulently
• Impersonate another person
• Submit false or misleading information
• Attempt to gain unauthorized access to systems or records
• Introduce malware, harmful code or automated attacks
• Scrape, copy or harvest information without authorization
• Interfere with website operation or security
• Use website content to diagnose or treat another person
• Use the website to threaten, harass or harm others
• Submit content that violates another person's privacy or intellectual-property rights

We may restrict access when we reasonably believe these Terms have been violated.

15. Intellectual Property

Website content, including text, branding, logos, graphics, videos, photographs, layouts and educational materials, is owned by or licensed to Kestner Health + Wellness and is protected by applicable intellectual-property laws.

You may access content for personal, noncommercial informational use. You may not reproduce, modify, distribute, republish, sell or exploit it without written permission, except as permitted by law.

Patient testimonials, photographs and videos may not be copied or reused.

16. User Submissions

When you submit a question, review, testimonial, image, video or other content, you represent that:

• The submission is accurate
• You have the right to provide it
• It does not violate another person's rights
• It does not contain unlawful or harmful content

We will not publicly use identifiable patient stories, photographs, videos or protected health information unless we have obtained the authorization required by applicable law.

17. Third-Party Services and Links

The website may integrate or link to third-party platforms, including scheduling, payment, social media, maps, analytics or communications services.

We do not control third-party services and are not responsible for their content, availability, security or privacy practices. Your use of a third-party service may be subject to its own terms and policies.

18. Website Availability and Accuracy

We work to keep website information accurate and available, but we do not warrant that:

• Every page will be error-free
• All information will remain current
• The website will operate without interruption
• Defects will always be corrected immediately
• The website will be free from every harmful component

Office hours, pricing, services, providers and promotions may change. Please contact our office to confirm information that is important to your decision.

19. Disclaimer of Warranties

To the fullest extent permitted by law, the website and its content are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.

Nothing in this section limits professional duties or patient rights imposed by applicable healthcare law.

20. Limitation of Liability

To the fullest extent permitted by law, Kestner Health + Wellness will not be liable for indirect, incidental, special, consequential or punitive damages arising from:

• Use of or inability to use the website
• Reliance on general website content
• Third-party links or services
• Unauthorized access beyond our reasonable control
• Delays or failures in email or text delivery

This limitation does not exclude liability that cannot lawfully be excluded or affect rights relating to professional healthcare services.

21. Indemnification

To the extent permitted by law, you agree to indemnify and hold Kestner Health + Wellness harmless from claims, liabilities, losses and reasonable expenses resulting from your unlawful misuse of the website, violation of these Terms or infringement of another person's rights.

This provision does not apply to claims arising from the practice's professional negligence or obligations that cannot legally be transferred.

22. Governing Law and Venue

These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles.

Any dispute relating solely to the website or these Terms will be brought in a court of competent jurisdiction serving Davidson County, Tennessee, unless applicable law requires otherwise.

Nothing in this section limits a patient's rights under applicable professional-liability, healthcare, consumer-protection or privacy laws.

23. Severability

If any portion of these Terms is found unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.

24. No Waiver

Failure to enforce a provision does not waive our right to enforce it later.

25. Changes to These Terms

We may update these Terms as our website, services or legal obligations change. Updated Terms will be posted with a new effective date.

Continued use of the website after an update constitutes acceptance of the revised Terms, except where additional consent is legally required.

26. Contact Us

Questions about these Terms may be directed to:

Kestner Health + Wellness
7097 Old Harding Pike, Suite F
Nashville, TN 37221
Phone: (615) 646-6700
Email: info@thekestners.com