Please read these terms and conditions carefully. If you use this website, you are bound by these terms and conditions. If you do not accept these terms, do not read or use this website.
The information contained on this website is intended to provide general information to the public. We remind you not to rely on this general information without first communicating with us or other medical advice regarding your specific medical condition or concerns. Optiwell, PLLC attempts to ensure the accuracy of the information as it is posted, but cannot guarantee that all the information is accurate. Optiwell, PLLC disclaims responsibility for any information contained on any other site accessed through links on this website. Your sole remedy for any dissatisfaction with the information contained in this website is to stop using the website. THE MATERIAL ON THIS WEBSITE IS PROVIDED ON AN “AS IS '' BASIS. OPTIWELL, PLLC EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND TERMS, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
No Doctor-Client Relationship
The information contained in the website does not constitute a medical opinion on any subject or issue. You should not act upon any information contained in this website or its links without first consulting with a medical professional. If you require medical advice, you should consult with a medical practitioner. Please note that if you communicate with us by email or telephone and you are not a current client, your correspondence may not be considered privileged or confidential. The information contained in the website is not intended to, and does not, constitute legal advice on any subject or issue. Your use of this website does not create an doctor-client relationship with Optiwell, PLLC or Dr. Kelly Lupo, ND. Moreover, Optiwell, PLLC does not wish to consult any person or entity desiring medical care that views this website in any state or territory where the website fails to comply with all laws and ethical rules of that state.
Digital Downloads, Test Kits, and Products
If you purchase a digital download, test kit, or product from Dr. Kelly Lupo, ND, you are granted one revocable, worldwide, non-exclusive license to use the product(s) purchases. You are not to give or sell any digital downloads to any other parties aside from those involved in the transaction the product was purchased for. If you violate this license, Dr. Kelly Lupo, ND reserves the right to invoice you for the licenses you have gifted to others and revoke your access to the Site’s product(s) permanently. You understand that the products provided are for educational use only and is not medical advice.
Cancellation, Payment, and Refund Policy
All payments made through this site are non-refundable. By making a purchase on this site, you authorize Optiwell, PLLC and/or Dr. Kelly Lupo, ND to charge the credit card(s) used. We do not offer refunds and there are no exceptions to the refund policy. User’s shall not receive any refund, partial or otherwise, if they are unable to attend a purchased consultation or session. If you must cancel or reschedule a consultation for any reason, you must do so within 24 hours of your appointment time or will be subject to a late cancellation fee.
The information presented on www.drkellylupond.com is provided “as is” without representation or warranty of any kind. Dr. Kelly Lupo, ND does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed. Laws change very quickly, especially in certain areas of law like Internet and eCommerce law. While the Site strives to provide useful information for users, it cannot claim to be updated in all subjects or in all jurisdictions.
Limitation of Liability
You agree that under no circumstances shall Optiwell, PLLC or Dr. Kelly Lupo, ND be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Services. Additionally, Dr. Kelly Lupo, ND. is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Dr. Kelly Lupo, ND has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Dr. Kelly Lupo, ND’s cumulative liability to you exceed the total purchase price of the Service or Product you have purchased from Dr. Kelly Lupo, ND and if no purchase has been made by you, Dr. Kelly Lupo, ND’s cumulative liability to you shall not exceed $50.
You shall indemnify and hold this Site harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, doctor’s fees, arising out of any breach by you of any of these terms and conditions, or any use by you of the Site or Service or Products. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Optiwell, PLLC and/or Dr. Kelly Lupo, ND claims copyright protection on all of the content provided in this website. The content from this website may not be reproduced, copied, and/or redistributed in any form without the express permission of Optiwell, PLLC or Dr. Kelly Lupo, ND. Furthermore, the content from this website cannot be modified nor can it be used for commercial purposes. All rights are reserved.
Last updated: July 2022