Terms of Use
Updated May 3, 2024
Disclaimer
This website, including the information and features available from the site, such as reviews, articles and advertisements, (“kipaniwellness.com” or the “Site”), is an interactive online service operated by Kipani Wellness LLC (the “Company,” “We”, “Us”), that is designed to be a resource for personal health and wellness focused on increasing your knowledge and understanding of health care topics.
​
The information on this site is intended for educational and general informational purposes only, and does not constitute, nor is it a substitute for, personalized medical advice, diagnosis, or treatment plan from a doctor or primary healthcare provider. This site cannot and does not attempt to provide you with any advice specific to your condition or circumstances, and does not establish a doctor-patient relationship. This site should not be used as a substitute for advice from a doctor or healthcare provider. Never disregard advice from a physician or delay seeing a healthcare professional due to information found on this site.
​
Dr. Gabbie DeArmas strives to provide the best care through personally designed health and wellness plans. For any such plan to be effective, particularly the holistic wellness plans that Dr. Gabbie DeArmas provides, the client must be a participant and have a direct, complete, and personal relationship with their healthcare provider. To gain the benefits of care this site discusses, a personal consultation is required, so please schedule for an appointment.
​
Use of this site in any manner is subject to these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree to these Terms and corresponding Privacy Policy, we ask that you refrain from using this Site.
Disclaimers and Limitations
Professional Advise.
Nothing stated or posted on the Site is intended to be the practice of medicine, or other professional services. For purposes of these Terms of Service, the practice of medicine includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnoses, prognoses, or advice. The Company provides no assurances that the information contained in this Site will always include the most recent findings or developments with respect to the particular material. Your access or use of the Site does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on The Company’s part or the part of our advertisers, partners or affiliates. We do not recommend or endorse any specific physicians, professionals, advisors, caregivers, procedures, opinions, advice, or other information that may appear on our Site. If you rely on any of the information provided by our Site, advertisers, or other site visitors, you do so solely at your own risk.
For Educational and Informational Purposes Only.
The information provided in or through our Website, Programs, Products, and Services is for educational and informational purposes only and is made available to you as self-help tools for your own use. When using any material obtained from or through Kipani Wellness LLC whether through in-person, phone, Skype, webinars, teleseminars, webcams, social media, and otherwise in a variety of settings, including but not limited to individual and/or group programs, classes, workshops, events, retreats, seminars, consultations and/or trainings, you acknowledge that we are supporting you in our role exclusively as providing business education, and in no other role.
Not a Substitute for Medical Advise.
Not a Substitute for Medical Advice. The information provided in or through our Website, Programs, Products and Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by you or your clients’ own Medical Provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietitian or licensed nutritionist, or member of the clergy.
Not Holding Self Out.
In this capacity as a health coach, I am not holding myself out to be a Medical Provider (including doctor/physician, nurse, physician’s assistant or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietician or licensed nutritionist, or member of the clergy. Rather, I serve as a trainer, educator, coach, mentor and guide who provides education and learning opportunities.
Consult Your Physician or Health Care Provider.
Our intent is NOT to replace any relationship that exists or should exist, between you or your clients’ Medical Provider or Mental Health Provider. You and your clients should always seek the advice of your/their own doctor/physician, nurse practitioner, physician’s assistant, Mental Health Provider, or another health care professional regarding any questions or concerns about your/their specific health situation. We advise you and your clients to speak with your/their own Medical Provider or Mental Health Provider before implementing any suggestions obtained through our Website, Programs, Products and Services including but not limited to exercise, lifestyle, weight loss, food, vitamins or supplements; engaging in an elimination diet, detox or cleanse; meditation or deep breathing exercises; or participating in any other aspect of a weight loss, healthy eating, exercise and/or lifestyle program. You shall not disregard professional medical advice or delay seeking professional advice because of information you have read on this website or received from us. You and your clients should not stop taking any medications without speaking to your Medical Provider and/or Mental Health Provider. If you or your clients have or suspect that you or they have a medical problem, you are advised to contact your/their own Medical Provider or Mental Health Provider promptly.
Assumption of Risk.
There are sometimes unknown individual risks and circumstances that can arise during use of our Website, Programs, Products and Services that cannot be foreseen that can influence or reduce results. We are not responsible for your or your clients’ personal choices or actions before, during or after use of our Website, Programs, Products, and Services. You understand that any mention of any suggestion or recommendation on or through our Website, Programs, Products or Services is to be taken at your and your clients’ own risk, with no liability on our part, recognizing that there is a rare chance that business failure, illness, injury or even death could result. You accept full responsibility for the consequences of your use, or non-use, of any information provided by us through any means whatsoever, as well as your clients’ use or non-use of any information obtained through you or our Website, Programs or Services. Your or your clients’ use, or non-use, of this information, is at your own risk, and you absolve us of any liability or loss that you, your clients, your business, your family and/or children or any other person may incur from your or their use or non-use of the information provided.
Disclaimers of Representation and Warranties.
Neither the Company nor any of its employees, agents, third-party content providers or licensors, makes any warranties or representations as to the accuracy or reliability of information, service or merchandise provided through the Site; nor do they make any warranties or representations as to outcomes that may result from use of any aspect of the Site; nor do they make any warranties or representations that the Site’s online services will be uninterrupted or error-free. You expressly agree to use the Site at your sole risk.
​
The Site is provided on an “as is” basis without warranties or representations of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by, and incapable of exclusion, restriction or limitation under, the laws applicable to these Terms of Service.
​
We shall not be liable to you for any direct, indirect, general, special, incidental, punitive, or consequential damages of any kind arising from the use of this website or the information, content, materials, our programs, products, and services. Some states may not allow the exclusion or limitation of consequential or incidental damages, thus the previous disclaimer may not apply to you.
No Liability and Release of Claims.
We will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or on our Website, Programs, or Services. In no event will we be liable to you, your clients’ or to any party for any type of direct, indirect, special, incidental, equitable, or consequential damages for any use of or reliance on our Website, Programs, and Services, or on those affiliated with us in any way, and you and your clients’ hereby release us from any and all claims, including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue experienced by you and/or your clients, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties. We do not assume liability for accidents, delays, injuries, loss, or damage due to any act or default of any company, organization, or person engaged in rendering this Website, Program, or Services in any way.
In the event that you or your clients use the information provided through our Website, Programs, or Services by us or affiliated with us, we assume no responsibility. We will not be held responsible in any way for the information that you or your clients request or receive through our Website, Programs, or Services. By using our Website, Programs, and Services, you and your clients fully and completely hold harmless, indemnify, and release us and any other of our employees, shareholders, directors, staff, consultants, agents, or anyone affiliated with us from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, that you or your clients ever had, now have or will have in the future against us, arising from your or your client’s participation in or in any way related to our Website, Programs, and Services, unless arising from the gross negligence on our part.
Not Evaluated by the FDA.
The information contained on this Website or provided through our social media, Website, Programs, Products, and Services has not been evaluated by the Food and Drug Administration.​
​
Accuracy.
Although every effort is made to ensure the accuracy of information shared on or through our Website, Programs, Products, and Services, the information may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced on or through our Website, Programs, Products, and Services or those of any other individual or company affiliated with us in any way. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of healthcare, scientific, business, and technology research is constantly evolving, we cannot be held responsible for the accuracy of our content.
Safegarding Information.
We use industry-standard technologies and techniques to safeguard our Site. For more information about how we safeguard information, please review our Privacy Policy.
Third Party Links.
Periodically, you may be provided with links to other sites, resources, and features through the Site. As We have no control over such sites, resources, and features, you acknowledge and agree that We are not responsible for, nor do We endorse, the accuracy, content, products, advertising, or any other materials available from such sites, resources, or features. You also acknowledge that We shall not be liable or responsible, directly or indirectly, for any loss, injury, or damage caused or alleged to be caused by or through the use of or reliance upon any such site, resource, or feature.
Jurisdiction and Choice of Law.
If there is any dispute arising out of your use of the Site, you expressly agree that any such dispute shall be governed by the laws of the Official Code of Georgia Annotated, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts found in Fulton County, Georgia, for the resolution of any such dispute. Any party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse the prevailing party for its attorney’s fees, and the party prevailing in any such dispute shall be awarded its attorneys’ fees.
Changes to these Terms of Use and Privacy Policy.
The Terms of Use and Privacy Policy may change at any time, with any changes being posted on the Site. By continuing to use the Site after such a posting, you agree to the updated Terms and Privacy Policy.
Changes to our Site.
Our Site is under continual development and improvement, and new features will be regularly added and modified to improve the Site experience. Some portion of these Terms may refer to functionality not yet complete or available to users. Those parts of these Terms will be in effect when the relevant parts of the Site become available.
Compliance with Laws.
You acknowledge and agree that you will only use the Site in a manner consistent with these Terms of Service, as well as any and all applicable local, state, national, and international laws and regulations. Use of this Site is void where prohibited. To the extent that the Site is not legal in your jurisdiction, you may not use the Site, and the Site may not be used anywhere where prohibited by law.
Entire Agreement.
These Terms of Use, along with our Privacy Policy contain the entire agreement between you and The Company regarding the use of the Site.
Severability.
If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary such that these Terms shall otherwise remain in full force and effect and enforceable.
Survival.
Even after your use of the Site discontinues, these Terms shall remain in effect. All terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.
Return Policy.
We do not accept returns or refunds for any reason. Exchanges can be made if a mistake happened on our end and you received a different supplement other than what you originally ordered or if we have to cancel a session on our end and we are unable to reschedule. No returns, refunds, or exchanges can be made on video courses, programs, or consultations.
Contact.
Please contact us with any questions regarding these Terms of Service at info@kipaniwellness.com.