Terms of service

DRCHRISLIPAT.COM and MIND-BODY ENERGY MEDICINE

Terms & Conditions

Please read these Terms & Conditions carefully and in their entirety before using DRCHRISLIPAT.COM (hereinafter referred to as the “Site”). The Site and its content are owned by DR. CHRIS LIPAT DBA MIND-BODY ENERGY MEDICINE, distributors of BITUIN ELIXIRS

PURPOSE: These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.

IMPORTANT NOTES:

By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at enlighten@drchrislipat.com

You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.

These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph No. 18 and voluntarily waive your right to a jury trial.

By proceeding on the Site, you hereby agree to the following:

  1. Definitions:

“Company”, “We”, “I”, “Our”, or “Us” means DR. CHRIS LIPAT DBA MIND-BODY ENERGY MEDICINE and our website, DRCHRISLIPAT.COM

“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from DR. CHRIS LIPAT DBA MIND-BODY ENERGY MEDICINE, and/or DRCHRISLIPAT.COM and any and all written or downloadable material purchased, viewed, or otherwise offered by MIND-BODY ENERGY MEDICINE and/or on DRCHRISLIPAT.COM including, but not limited to, blog posts, graphics, newsletters, designs, e-books, documents, information, templates and materials.

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, etc.

“Site, Courses, Services, and/or Products” means DRCHRISLIPAT.COM Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, Bituin Elixirs and/or templates available on the Site.

“Site” means DRCHRISLIPAT.COM and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.

“You” or “Your” means the user, customer, or viewer of the Site.

  1. Consent:

By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, Privacy Policy, and Disclaimer.

By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and Privacy Policy.

  1. Site Rules:

By using the Site and/or making any Purchase, you hereby agree & consent not to:

  • Abuse, harass, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability, or any person through or on the Site.
  • Post or transmit false or misleading information, or obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
  • Use the Site in any way or for any purpose which violates any law of the United States, Guam and the jurisdiction in which you use the Site.
  • Post or transmit any “spam” or unwanted, unsolicited content.
  • Post copyrighted materials, photographs, or content which do not belong to you.
  • Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
  • Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.
  • You may not use our products or solicit others for to use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • Collect or track the personal information of others.
  • Spam, phish, pharm, pretext, spider, crawl or scrape.
  • You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

  1. DISCLAIMER:

By using the Site, you understand that Dr. Chris Lipat is a Chiropractor licensed in Hawaiʻi and Guam and certified in Functional Medicine. Dr. Chris Lipat is not a registered nutritionist or dietitian, therapist, or medical professional, and therefore you need to discuss and clear any and all changes to your lifestyle, food intake, exercise regimen, supplements, medications or medical treatment with your in-person physician before implementing any suggested or offered changes, additions or alternations to your lifestyle. Any communications between you and Dr. Chris Lipat are for education purposes only and does not constitute a doctor-patient relationship. Do not use this information on this website for diagnosing or treating a medical or health condition and never discontinue any prescription medication or other type of medical treatment without consulting your treating physician. Our Content is for informational and educational purposes only and is based on our personal experience.

  1. Your Consent to These Terms & Conditions:

By using this Site, or Purchasing or Downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.

  1. Changes To These Terms & Conditions:

We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.

  1. Links to Third-Party or External Websites:

The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms & conditions.

  1. Intellectual Property Ownership:

The Site and its Content are intellectual property solely owned by DR. CHRIS LIPAT DBA MIND-BODY ENERGY MEDICINE. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

  1. Our Limited License to You:

If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.

You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions and Privacy Policy, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.

  1. Your License to Us:

By commenting on the Site, or submitting documents to DR. CHRIS LIPAT DBA MIND-BODY ENERGY MEDICINE via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

  1. Purchase & Access Terms:

During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.

 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove services for indefinite periods of time or cancel the service at any time, without notice to you.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

  1. Sharing the Site & Its Content:

You must request and receive written permission by email to enlighten@drchrislipat.com before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with DR. CHRIS LIPAT DBA MIND-BODY ENERGY MEDICINE.

  1. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours. 

  1. DISCLAIMER - No Warrantees, Guarantees, or Representations Are Being Made:

We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law.

  1. Your Release of Us:

By using the Site or Purchasing, Downloading, or using DR. CHRIS LIPAT’s Courses, Services, and Products, you agree to release, forgive, and forever discharge MIND-BODY ENERGY MEDICINE, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

  1. Errors & Omissions:

Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, DR. CHRIS LIPAT DBA MIND-BODY ENERGY MEDICINE does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 Our Refund Policy:

We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for coaching services already rendered or products already purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email enlighten@drchrislipat.com.

  1. ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Site or DR. CHRIS LIPAT’s Courses, Services, and/or Products, please contact us directly first by emailing enlighten@drchrislipat.com.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and DR. CHRIS LIPAT DBA MIND-BODY ENERGY MEDICINE shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 50 miles of Hagåtña, Guam.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in Guam. The only award that can be issued to you is a refund of any payment made to DR. CHRIS LIPAT DBA MIND-BODY ENERGY MEDICINE for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.

  1. Consent to Governing Law:

These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the government of GUAM.

  1. Consent to Jurisdiction:

You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for Guam or a local court located within Guam in connection with any matter arising out of these Terms & Conditions, Privacy Policy, Disclaimer or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.

  1. Consent to Service:

You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the Territory of Guam for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the government of Guam.

  1. Payment & Purchases:

When you Purchase or Download one of our Courses, Services, and Products from us or the Site, you may pay by PayPal, Visa, Mastercard, American Express, Shopify Gateway or Amazon Gateway. By doing so, you give DR. CHRIS LIPAT DBA MIND-BODY ENERGY MEDICINE permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records. 

If you elect the installment or “pay over time” option at checkout, you agree that DR. CHRIS LIPAT DBA MIND-BODY ENERGY MEDICINE has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.

If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.

We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.

You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.

  1. Limitation of Liability:
You shall, at all times, indemnify, defend, and hold harmless DR. CHRIS LIPAT DBA MIND-BODY ENERGY MEDICINE, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, interns, suppliers, and licensees from and against all losses or direct, indirect, incidental, punitive, special or consequential damages of any kind, injuries, delays, deaths, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages and expenses arising out of any proceeding, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use, misuse of (or failure to properly use) any of the service or any products procured using the service, including Purchase or Download from our Site, Courses, Services, and/or Products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
  1. Defense & Indemnification 

You agree to indemnify, defend and hold harmless DR. CHRIS LIPAT DBA MIND-BODY ENERGY MEDICINE, and our affiliates, partners, directors, agents, service providers, suppliers, licensees, subcontractors, employees and interns harmless from any claim or demand, including reasonable attorney’s fees, (a) brought by either a third-party or by DR. CHRIS LIPAT DBA MIND-BODY ENERGY MEDICINE (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions and Privacy Policy, and (c) arising out of any alleged breach or negligence said to have been committed by us. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

  1. Termination of Your Use

At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions, Privacy Policy, Disclaimer, or any other terms to which you have agreed to.

  1. Entire Agreement

These Terms & Conditions, Privacy Policy and Disclaimer, constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

  1. Severability

The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

  1. Your Privacy & Security on the Site:

Please read our Privacy Policy for how we handle your personal information.

  1. Contact

If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:

  • Website: DRCHRISLIPAT.COM
  • Email: enlighten@drchrislipat.com
  • PO Box 1056, Hagåtña, Guam 96932

Updated on November 13, 2023