Terms and Conditions
I. Use of Site. Copyrights and Trademarks. Personal and Non-Commercial Use Limitation
The terms, conditions, and notices contained herein are provided to you (“the Buyer/Consumer”) in conjunction with the use of the website, products, and services of Dr. LeiLani M. Vidal, D.C. dba The Lipo Lounge (“The Lipo Lounge’). These terms and conditions are applicable to you upon you accessing the website and/or completing the registration or shopping process. The Lipo Lounge makes no representations or warranties about the completeness or accuracy of this website content.
You acknowledge that your use of this website and/or election to purchase products or services from The Lipo Lounge constitutes your agreement to all of the terms, conditions, and notices contained herein. The Lipo Lounge reserves the right to change the terms, conditions, and notices contained herein with or without notice.
The Lipo Lounge website(s) is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from our website, software, videos, education and training materials, or product packaging without prior written consent from The Lipo Lounge. All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, is the copyrighted property of The Lipo Lounge. ALL RIGHTS RESERVED.
II. Product Information
All prices displayed on the website are quoted in U.S. Dollars.
If any minor uses any goods or product from The Lipo Lounge, it should be only after the legal or parental guardian has discussed the product with the minor's doctor. All material and information presented by The Lipo Lounge is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of The Lipo Lounge website(s) is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. The Lipo Lounge does not give or intend to give any answers to medical related questions and this website(s) does not replace any medical professional or medical resource. No prescription medications or medical/surgical treatments are intentionally provided on the website(s). IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
III. Indemnification; Limitation of Liability and Disclaimer of Warranties
The Lipo Lounge reserves the right to refuse sales and service to anyone for any reason at any time.
The Lipo Lounge is not liable to you for any incidental damages related to or arising out of your purchase or use of any and all products or services from The Lipo Lounge. The Lipo Lounge’s liability to you related to or arising out of your purchase of any and all products or services from The Lipo Lounge is limited to the amount of the refund available to you, if any, as set forth above in these Consumer Terms and Conditions.
Except as expressly set forth in these Consumer Terms and Conditions, The Lipo Lounge makes no warranties to you regarding its products or services. The Lipo Lounge expressly disclaims all implied warranties related to or arising out of your purchase of products of services from The Lipo Lounge, including, without limitation, those of merchantability and fitness for a particular purpose. All products and services sold by The Lipo Lounge are sold on an “AS IS, WHERE IS” basis.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE LIPO LOUNGE AND ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, MANAGERS, SHAREHOLDERS, AGENTS, SUBSIDIARIES, AFFILIATES, INDEPENDENT CONTRACTORS, CONSULTANTS, SUBCONTRACTORS, SUPPLIERS AND LICENSORS (HEREINAFTER “THE LIPO LOUNGE, ET AL”) HARMLESS AGAINST ANY AND ALL CLAIMS, REQUESTS, ACCUSATIONS, ALLEGATIONS, ASSERTIONS, COMPLAINTS, PETITIONS, DEMANDS, SUITS, ACTIONS, PROCEEDINGS, GOVERNMENTAL INQUIRIES, INVESTIGATIONS, DAMAGES, LIABILITIES, ATTACHMENTS, JUDGMENTS, LOSSES, PENALTIES, FINES, SETTLEMENTS, AND EXPENSES, INCLUDING BUT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEYS’ FEES, WHETHER INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, OF ANY NATURE ARISING OUT OF OR RELATED TO THE USE OR MISUSE OF PRODUCTS OR SERVICES SOLD OR SUPPLIED BY THE LIPO LOUNGE, ET AL., INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY OF THE LIPO LOUNGE, ET AL. THIS INDEMNITY IS INTENDED TO APPLY TO ANY THEORY OF RECOVERY INCLUDING, BUT NOT LIMITED TO, CLAIMS OF ACTUAL OR ALLEGED NEGLIGENCE BY THE LIPO LOUNGE, ET AL (WHETHER ACTIVE OR PASSIVE, SOLE OR CONCURRENT, SIMPLE OR CROSS, STRICT OR STATUTORY).
IV. Return and Exchange Policy
If you are not completely satisfied with your purchase for any reason, please review our return and exchange policy. Products must be returned in new or gently used condition. The Lipo Lounge monitors return activity for abuse and reserves the right to limit returns or exchanges. The Lipo Lounge reserves the right to modify the Return and Exchange Policy for any reason, or no particular reason at all, with or without notice.
Within 60 days of the date that the postal carrier delivers your product(s) to your specified shipping address, you may elect to return your new or gently used product for a refund or exchange. After 60 days, products are nonrefundable. Returns must be in accordance with the following conditions:
If The Lipo Lounge receives your return request within 30 days of when you received the product, the original net purchase price can be refunded to you via your original payment method, or you can receive a product credit. Promotions applied to the original order may affect the final refund amount.
If The Lipo Lounge receives your return request within 31 to 60 days of when you received the product, a product credit equal to the original net purchase price will be credited to your account. Promotions applied to the original order may affect the final refund amount.
Product credits accrued on your account shall remain until they are redeemed for a qualifying purchase; however, if your Lipo Lounge account is suspended or terminated for any reason, then any unused product credits will be removed. Lipo Lounge reserves the right to modify its product credit policy for any reason, or no particular reason at all, with or without notice.
For any returns or exchanges, please contact The Lipo Lounge at 1-760-706-5476. You will be given a return authorization number (RMA#) with shipping instructions. All products must be shipped back to The Lipo Lounge within seven (7) days from receiving your RMA number.
Please inspect your order immediately upon receipt. If any of the items in your order are missing, incorrect, damaged, or defective, please notify The Lipo Lounge to correct the order within fourteen (14) days of order receipt.
PROMOTIONAL CREDITS POLICY
PROMOTIONAL CREDITS ACCRUED ON YOUR ACCOUNT SHALL REMAIN ON YOUR ACCOUNT UNTIL THEY ARE REDEEMED FOR QUALIFYING PURCHASES OR UNTIL THEY EXPIRE, WHICHEVER OCCURS FIRST. FROM TIME TO TIME, THE TERMS OF EXPIRATION FOR PROMOTIONAL CREDITS MAY VARY, AND THE SPECIFIC EXPIRATION DATE WILL BE DISCLOSED TO YOU AT THE TIME OF ISSUANCE. IN ADDITION, IF YOU DO NOT COMPLETE A PAID PURCHASE ON YOUR ACCOUNT FOR A PERIOD OF TWELVE (12) CONSECUTIVE MONTHS, THEN ANY ACCRUED PROMOTIONAL CREDITS ON YOUR ACCOUNT WILL AUTOMATICALLY EXPIRE. IF YOU’RE THE LIPO LOUNGE ACCOUNT IS SUSPENDED OR TERMINATED FOR ANY REASON, THEN ANY UNUSED PROMOTIONAL CREDITS ACCRUED ON YOUR ACCOUNT WILL EXPIRE IMMEDIATELY. THE LIPO LOUNGE RESERVES THE RIGHT TO MODIFY ITS PROMOTIONAL CREDIT POLICY FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE.
V. Shipping and Handling Policies
The Lipo Lounge reserves the right to ship orders via any postal carrier (including, but not limited to FedEx, DHL, UPS or the United States Postal Service (USPS)). If you have a valid e-mail address on file, you will receive a confirmation email with tracking numbers when your order has been shipped.
Shipping and Handling Rates and Times
Domestic consumer orders shipping to street addresses in the United States (all 50 states) will receive FREE 2-day shipping via FedEx. For all United States territories and/or addresses with a PO Box, orders will be shipped by USPS Priority. All orders must be placed by 3 PM CST to be shipped on the same business day. If placed after 3 PM CST, orders will be processed the following business day.
The Lipo Lounge does not require a signature for delivery of orders in most cases, but reserves the right to do so. Once the delivery of an order is confirmed by the freight carrier, then The Lipo Lounge is no longer liable for the order. The Lipo Lounge requires that each time a purchase is made via website or phone that you must request or decline a signature requirement on your order. The Lipo Lounge strongly recommends that you request that a signature be required if there may be a possibility of theft or damage to orders left at the delivery location. The Lipo Lounge is not responsible for any loss or damage to orders that may occur while they are in the custody of the freight carrier.
Lipo Lounge takes our responsibility to protect the privacy and confidentiality of your information, including personal information, very seriously. We maintain physical, electronic and procedural safeguards that comply with applicable legal standards to secure such information from unauthorized access and use, alteration and destruction. We hold our employees accountable for complying with relevant policies, procedures, rules and regulations concerning the privacy and confidentiality of information.
From time to time, we may execute agreements with other companies to provide services to us, or to make services and products available to you. Under these agreements, these companies may receive your personal information, but they must safeguard this information, and they may only use it for those purposes we specify.
We may use the information we collect from you to help us deliver our online services; to administer, evaluate and improve our business (including developing new products and services, improving existing products and services, performing data analytics, and performing accounting, auditing and other internal functions); manage our risks; market our services and products; and to comply with and enforce applicable laws and regulations, relevant industry standards, contractual obligations and our policies. We may also use data that we collect on an aggregate or anonymous basis (such that it does not identify any individual clients) for various business purposes, where permissible under applicable laws and regulations.
By using this site, you agree to the placement of cookies on your computer in accordance with the terms of this policy. If you do not wish to accept cookies from this site, please either disable cookies or refrain from using this site.
Types of Cookies
There are two main types of cookies:
Session cookies: these are temporary cookies that expire at the end of a browser session; that is, when you leave the site. Session cookies allow the website to recognize you as you navigate between pages during a single browser session and allow you to use the website most efficiently. For example, session cookies enable a website to remember that a user has placed items in an online shopping basket.
Persistent cookies: in contrast to session cookies, persistent cookies are stored on your equipment between browsing sessions until expiry or deletion. They therefore enable the website to "recognize" you on your return, remember your preferences, and tailor services to you.
We currently use, and may use in the future, the following types of cookies on this website:
We use session cookies to:
Help us maintain security and verify your details while you use the website as you navigate from page to page, which enables you to avoid having to re-enter your details each time you enter a new page.
We use persistent cookies to:
Help us recognize you as a unique user when you return to our website so that you do not have to input your details multiple times as you move between our pages or services
Remember how you have customized your use of this site, such as your preferred currency and time zone
Collect and compile anonymous, aggregated information for statistical and evaluation purposes to help us understand how users use the website and help us improve the structure of our website.
In addition to session cookies and persistent cookies, we may use other types of cookies (or other similar types of technologies) which are set by our website to provide us or third parties with information.
VII. Force Majeure
Notwithstanding any other provision of this Agreement to the contrary, in the event The Lipo Lounge is prevented from performing its obligations hereunder as a result of any contingency which is beyond its control (such as any act of God, war, riot, national emergency, terrorist act, general embargo, fire, casualty, equipment failure, flood, earthquake or other similar occurrence) (any such event, a "Force Majeure Event"), The Lipo Lounge shall be excused from its inability to perform its obligations hereunder, but only to the extent and for the duration of the Force Majeure Event in question. The Lipo Lounge will provide reasonably prompt notice of the occurrence of such Force Majeure Event. Account Holder acknowledges that The Lipo Lounge cannot be held liable for postal carrier delivery delays in conjunction with a Force Majeure Event.
VIII. Governing Law; Construction
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to the principles of conflicts of laws thereof. The construction and interpretation of this Agreement shall not be strictly construed against the drafter. Any dispute arising under this Agreement shall be settled by arbitration in the State of California in accord with such procedures as may be acceptable to the parties.
IX. Entire Agreement; Amendment; Waiver; Invalidity
This Agreement, together with any schedules and exhibits attached hereto and made a part hereof, constitutes the entire agreement between the parties as to the subject matter hereof and shall supersede all prior understandings, letters, agreements, contracts and other documents. This Agreement may not be amended except by an instrument in writing signed on behalf of all of the parties hereto. No failure or delay by either party to exercise, and no course of dealing with respect to, any right of any such party regarding an obligation of the other party to this Agreement, shall operate as a waiver thereof, unless agreed to in writing by both parties. Any single or partial waiver by either party of any obligation of the other party under this Agreement shall constitute a waiver of such obligation only as specified in such waiver and shall not constitute a waiver of any other obligation. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement, all of which shall remain in full force and effect.
X. The Lipo Lounge Body Contouring Class Policies
I understand, acknowledge, accept and agree that the use of products supplied by the Lipo Lounge must be employed with great care to prevent an accidental injury, especially when performing work. I understand that there is risk associated with the performance of these services which may include injury to an individual, and I also understand the need to practice great care during this workshop through the adherence to all safety protocols.
I acknowledge and understand that this workshop is a learning/training experience. I understand that I will be instructed in the theory of "non-invasive body contouring" services, in addition to the performance of technical drills on others, which may also include the application of gels. After I gain a basic understanding of the associated procedures, I will be given an opportunity to perform these services on classmates and/or models. I may also have services performed on myself on a voluntary basis, which will be accomplished under the direct supervision of the classroom instructor. I also understand that there is inherent risk involved with a student performing services on my person. I agree not to hold “The Lipo Lounge” its employees, representatives, assigns or my fellow students liable for any injuries incurred during the training period.
I further understand that it is my sole responsibility to perform these procedures under the scope of my own certification or licensure, in compliance with my city/state/county guidelines, and is not the responsibility of The Lipo Lounge to verify my particular scope of practice prior to my attending the class. Additionally, I agree and understand it is my responsibility to periodically check for any regulatory changes or requirements related to the performance of non-invasive body sculpting procedures.
The Lipo Lounge or its directors, officers, owners, employees, independent contractors, and suppliers, will under no circumstances be liable for any claims, suits, attachments, judgments, demands, damages, liabilities, losses, penalties, fines, settlements, expenses, including but not limited to court costs and reasonable attorney fees thereto; indirect, special, incidental, economic, consequential, exemplary or punitive damages arising out of the use or misuse of products or services sold by The Lipo Lounge. I as the trainee will hold harmless The Lipo Lounge for all such claims and actions in each case notwithstanding the actual or alleged negligence.
The Lipo Lounge, in its sole discretion, reserves the right to prohibit Trainee’s misuse, or any of Trainee’s affiliate’s use of its brand and logo. This includes all marketing materials, including posters, brochures, post cards, instruction manuals, etc.
I understand that I, the trainee, am prohibited from teaching, training all of The Lipo Lounge proprietary copyrighted workshop materials, including demonstrating any technical procedures or the sharing of information with any other person including but not limited to salon owners, co-workers, employees, contractors, friends or family members for a period of two years after the date of the workshop. Consequences of disregarding these policies can and will result in The Lipo Lounge employing any and all legal remedies allowed by law.
I understand that photographs/videos taken of myself during the workshop may be used for print, visual or electronic media including but not limited to: scientific presentations, websites, and for purposes of informing the medical profession or general public about this workshop. The aforementioned images may be included in marketing materials and may be published on behalf of The Lipo Lounge. I will not be identified by name in any published materials, and I reserve the right to revoke this authorization in writing at any time through a written revocation to The Lipo Lounge. I hereby release The Lipo Lounge and its agents from any and all claims and demands arising out of, or in conjunction with, the use of any such photographs.
I also understand that recording devices of ANY kind (audio, video, cell phones or still cameras) are prohibited, and therefore not allowed to be used during the workshop at any time. Violating this policy will result in immediate dismissal from the class, and a forfeiture of the registration fee(s).
I understand that the deposit paid by me to reserve a seat in the workshop is final and non-refundable. If I am unable to attend the workshop, the deposit may be transferred to another Body Contouring Workshop held by The Lipo Lounge at a different location. I must notify The Lipo Lounge of any postponements 7 days prior to the workshop. I also understand clearly that any balance due must be paid five days prior to the workshop.