Terms and Conditions

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Legal Notice
  • Terms and Conditions of Use

    1.  Introduction. The QiRecovery™ program offers education and training to clients in recovery from chemical dependency.  Our services include education in relapse prevention, assessing the client’s addictive patterns and creating new recovery practices developed by the QiRecovery™ program.  We thank you for visiting our website (www.QiRecovery™.com), hereinafter referred to as “the Site”.  The use of this site is governed by the terms and conditions stated below.  Do take time to read them carefully. 

    2.  Agreement to Be Bound.  By entering www.QiRecovery™.com  (a.k.a. “this Site”) and/or by purchasing products and/or services from this Site, you are agreeing to comply with and be bound by the following terms and conditions of use. If you do not wish to be bound by the following terms and condition, you should exit this site immediately. Your submittal of any personal information to this Site indicates acceptance of these Terms and Conditions of Use.

    3.   Modification of Terms.  The Site reserves the right to modify these Terms and Conditions at any time.  You will be responsible for reviewing and complying with these Terms and Conditions from time to time in the event that they are modified.

    4.   Private Policy.  This privacy notice discloses the privacy practices for http://www.QiRecovery™.com thereby privacy notice applies solely to information collected by this web site. It will notify you of the following:

    The personal identifiable information collected from you through the web site, and how we apply the information, and with whom it may be shared, for example shipping instructions.  Your choices are available to you regarding the use of your data.  Security procedures are in place to protect the misuse of your information.  You can correct any inaccuracies in the information.  QiRecovery™ respects the privacy of every individual who visits the Site. In order to better serve your needs and enhance your overall browsing and shopping experience, we collect certain information about you when you visit us. At all times, however, the Site reserves the right to disclose information where required by law or to comply with valid legal process, to protect the company’s rights or property, or during emergencies when safety is at risk.

    Information Collection, Use, and Sharing.  We are the sole owners of the information collected on this site. We only have access to collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.  We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.  We may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy unless you ask us not to.

    Your Access to and Control Over Information.  You may opt out of any future contacts from us at any time. You can do the following change/correct any data we have about you or have us delete any data we have about you; express any concern you have about our use of your data at any time by contacting us at the email address - dr.randy@QiRecovery.com or phone number given on our website: Area Code (510).635.4808.

    5.  Security.  We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Sensitive information (such as credit card data), to purchase services and/or products is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.  Encryption we use protects online transmission of sensitive data.  Our employees take every precaution to protect sensitive information offline, and only have access to personal information to perform a specific job (for example, billing or customer service). The computers/servers in which we store personally identifiable information are kept in a secure environment.

    6.  Copyright and Trademark Notices.  All editorial contents, text, graphics, the selection and arrangement thereof on this site are copyrights of QiRecovery™, except where noted, and the related logos are trademarks of QiRecovery™. Other products and company names mentioned herein may be the trademarks or trade names of their respective owners. Any use of materials on the Site --including reproduction, modification, distribution or republication-- without the prior written permission of QiRecovery™ is strictly prohibited.

    7.  Disclaimer.  You understand and agree that all content and materials available on this site, including, but not limited to, systems, designs, wording, colors and graphics, are proprietary trade secrets protected by copyrights, trademarks, service marks, patents or other proprietary rights and by other laws, and that their use is restricted by the terms of this agreement. Use of the content of materials on this site for any purpose without prior written permission from QiRecovery™ is strictly prohibited. You further agree that you will create no derivate works of this site or the products or services offered within.  Further disclaimer for Dr. Randy Sugawara states as follows:  Dr. Randy Sugawara is not a medical doctor and does not practice medicine and he has not presented himself as a practitioner of allopathic medicine or any of its branches, or naturopathic medicine.  Dr. Sugawara holds a doctorate in counseling psychology, and is certificated to teach Qigong and Tai Chi Chuan. He is the founder of the QiRecovery™ program and has been practicing internal martial arts for over thirty years and has practiced energy work since 1998.  Dr. Sugawara’s programs and recommendations are educational in nature, designed only to help achieve energetic stability, balance, and harmony. They are not intended to alleviate, administer to, cure, diagnose, heal, mitigate, prevent, relieve, or treat any ailment, complaint, defect, deformity, disease, injury, mental or physical condition, or pain. Likewise, any suggestions, lifestyle changes, and/or other feedback are for educational, not medicinal, or curative purposes.  We neither give clinical diagnosis nor offer clinical advice.  For clinical information please refer to the professional organizations or licensed professionals listed in your phone directory for further referrals.  If you are seeking urgent care, please contact your local Accident and Emergency Department as soon as possible.

    No Guarantees.  Overcoming substance abuse problems occurs in a variety of ways.  In the QiRecovery™ process an emphasis is placed on complementary and alternative holistic supportive modalities.  Substance recovery outcomes can often be difficult to define and can vary from one individual to another. Our objective in the QiRecovery™ program is to make every concerted effort to help clients successfully and competently address their substance abuse problems, and achieve reachable goals pertaining to both their substance abuse recovery as well as attaining general life goals.  With that in mind, no guarantees are provided to clients, explicitly or implicitly, that these will be achieved.

    General Information Only.  This website and its individual pages are for general information only.  No clinical advice should be implied and your use of the information or materials from this website is entirely at your own risk. The self-assessment tools are designed to help Clients decide whether they have a potential problem with their use of alcohol or drugs. Their results are not intended to be a clinical diagnosis and/or clinical recommendation, and should not be interpreted as such.

    Non-commercial Use.  Save to the extent expressly permitted below, this website, and all or part of its content, may not be reproduced or redistributed in any format without the prior written consent of QiRecovery™. You may not distribute or commercially exploit the content of this website without the written consent of QiRecovery™, nor use all or part of its content in any work, publication or any other website.  You may print or download pages for your personal and non-commercial use, provided you make no alterations to the content.  You may copy the content to individual third parties for their personal use, but only if you make no alterations to the content, and acknowledge this website as the source of the material.  You also shall not use meta tags or code in order to direct any person to any other web site for any purpose. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the content or the Website or any software used on or for this site or cause others to do so. In order to protect the integrity of this site, QiRecovery™.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing this site.

    8.  Acceptance of Terms and Conditions.  Clients accepting the terms and conditions of QiRecovery™ services will be receiving certain informational and other services offered by Teachers during which the client will receive information and instruction about balancing the mind and body through holistic integrative and complementary techniques.  The services will include primarily the physical practice of Qigong and Tai Chi Chuan and related teachings.  The client will recognize and acknowledge that Qigong and Tai Chi Chuan, and related exercises and conditioning practices, require physical activity and exertion that may be strenuous and may cause her or him physical injury.  The client is fully aware of the physical risks and hazards involved.  Therefore, the Client understands that it is their responsibility to consult with a physician prior to attempting or participating in Qigong and Tai Chi Chuan training and practice.  The client represents and warrants that she or he is physically fit and has no physical or medical condition that would prevent their full participation in, or would be exacerbated or worsened by, Tai Chi Chuan and Qigong practice and training, and all related exercise, warm up and conditioning practices.

    9. Indemnification and Waivers. The client hereby agrees to assume the risk that she or he may be injured or suffer some other detrimental consequence from participating in the activities described above, or from practicing on her or his own what she or he will be learning from the Teachers.  The client accepts full responsibility for any injuries, damages, consequences or limitations which she or he might incur or suffer as a result of Qigong and Tai Chi Chuan training and practice with the teacher, and their practice of the movements and actions she or he will learn from the teacher.    The client hereby knowingly, voluntarily and expressly waive all claims against the Teacher for, and release the Teacher from, all legal responsibility and liability for any and all damages, medical expenses, death, permanent injury, lost income or any similar damage which she or he may experience or suffer as a result of working with the Teacher or practicing what she or he learns from the Teacher, including any of the foregoing that she or he may suffer as the result of the Teacher’s negligence.  This waiver and release is intended to be construed as broadly as California law will allow, and is intended to cover all known or unknown claims.  The client acknowledges that California Civil Code Section 1542 provides that “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by her or him must have materially affected her or his settlement with the debtor,” and the client hereby waives her or his rights under this statute as well.    The client intends that the waivers and releases given by her or him herein be binding on their heirs, assigns, successors and legal representatives, and that they accrue to the benefit of the heirs, successors, assigns and legal representatives of the Teacher.

    10.  Limited License.  The Site grants you a limited, revocable, non-exclusive license (i) to access this site, and (ii) while accessing this site, to view Materials displayed on this site for your personal educational, noncommercial use, and for no other purpose.  You are also granted a limited non-exclusive license to print a copy of any portion of the contents of this site for solely your personal internal use and no other purpose.  Before making copies of downloadable items, you will destroy existing copies of such items in your possession or control.  For purposes of these User Terms, “Materials” indicates any text, data compilations, graphics, logos, button icons, photos, images, video, music, sound, forms, questionnaires, and data compilations, and any other contents of this site.  The User Term, “Teacher” indicates a qualified Qigong and Tai Chi Chuan instructor who has been certified as an instructor of Qigong and Tai Chi Chuan. 

    11. Terms of Use.  You understand and agree that all QiRecovery™.com website material and information is provided for educational purposes only.   All content, products, and services are subject to the following terms of use:  The content of the pages of this website are for your general information and use only.  It is subject to change without notice. No clinical or medical advice should be implied and your use of the information or materials from this site is entirely at your own risk. The self-assessment tools are offered to help those interested in assessing whether they have a potential problem with their use of alcohol or drugs. Their results are not intended to be a clinical diagnosis and/or clinical recommendation, and should not be interpreted as such. None of the information included on the this Site should be considered a replacement for clinical psychology, psychiatric or medical advice, diagnosis, or treatment. ? Your use of any information or materials on this Site is entirely at your own risk, for which we shall not be liable.

    12.  Applicable Law Jurisdiction. This Terms of Site Usage Agreement shall be governed and construed in accordance with the laws of the State of California. Each user agrees to submit to personal jurisdiction in the State of California and further agrees that any cause of act arising from or relating to the use of this site or agreement shall be brought exclusively in a court of California.

    13. Sessions.  The QiRecovery™ program offers education and training to clients in recovery from chemical dependency.  Our services include education in relapse prevention, assessing the client’s negative addictive patterns and creating new healthy practices.  The central aspect of our recovery process incorporates the practice of Qigong, and other meditative forms that are practiced both sitting and standing.

    Thirteen (13) Sessions.  The client will sign a contract agreeing to thirteen (13) sessions to be completed within four (4) months of the first session.  Sessions are defined as a block of thirteen (13) sessions to be ninety (90) minutes in length.  Clients agree to meet the Teacher at least once per week.  By agreement between the client and the Teacher, the client may opt to add additional sessions during their weekly sessions at the prevailing rates.

    Online Sessions.  The QiRecovery™ program is conducted in either face-to-face sessions, or over the Skype internet connective phone/video functions.  Sessions either in person or over the Skype connection are individual one-one for ninety (90) minutes in duration.   Regarding the Skype internet connectivity, in the event the client chooses to not utilize the video functions the sessions are limited to the verbal exchange only. Usually, verbal and visual communications are most ideal and effectively communicate a combination of relevant data.

    Payments. Payment for session fees is expected prior to or at the first session.  Payments can be made by credit/debit card, check, money order, or bank wire transfer. Face to face and online Skype sessions are charged the same rates. 

    Cancellations.  Clients who cancel and have an accepted cancelled session with 24 hours notice or more will not lose a session and are entitled to retain the credit for the excused cancellation.  Cancelled sessions are accepted by discretion of the Teacher alone.  If the cancellation does not warrant credit or not notified within the 24 hour minimum time, the session is counted as a used session.

    Clients may withdraw from sessions at any time and are under no commitment to complete the agreed course of sessions.

    No Refunds.  No refunds are offered for the block of thirteen sessions, or the one-one sessions under any circumstances.

    Sessions.  The first session includes a series of self-assessments to ascertain the direction for the Client’s relapse prevention program and the Qigong and Tai Chi Chuan trainings.  Sessions offer teachings in relapse prevention, preventive health care, Qigong, Tai Chi Chuan, meditations, breathing techniques, visualizations, didactic recovery materials, lectures, physical exercises, mindfulness training, and relaxation methods to alleviate stress responses.  The Teacher retains the right to end any therapy session, without loss of fees, should the Client be intoxicated, under the influence of mind altering substances; be abusive, violent, engage in inappropriate behavior or use offensive or inappropriate language.  It will then be at the Teacher’s discretion whether a further appointment is offered.

    Continuing Sessions.  Continuing sessions are recommended after the completion of the thirteen (13) sessions depending on the client’s progress and whether the client has attained her/his stated goals.  It is expected that the Client will be above board and honest with the Teacher, in order to achieve optimal outcome.  Moreover, the Client will practice the Five Virtues and report her/his weekly results.

    14. Entire Agreement.  The client has read the above Release and Waiver of Liability and fully understand its contents.  The client acknowledges that her or his execution of this Release and Waiver of Liability is a requirement to the Teacher agreeing to provide counseling and instruction to the client, and that were the client not to sign this Release and Waiver of Liability, the Teacher would not provide services to the client.  The client voluntarily agrees to the terms and conditions stated above.

    15. Terms and Conditions of Sale.  You are solely responsible for the proper and safe use of all products in accordance with the product instructions. 

    16. Online Orders.  You may place an order 24 hours a day, 7 days a week through our online store for your requested orders. Your order is acknowledged via e-mail after it has been accepted.

    17. Payment of Standard Orders (United States and Canada)

    We accept Purchase Orders, Checks, Money Orders, Credit Cards (Visa, Master Card, Discover) and International Wire Transfers. Orders for in-stock items that are paid by Money Order, Check, Credit Card or International Wire Transfer are typically processed and shipped within 2-5 business days after receipt of order provided valid verification has been received. Payment terms for approved credit orders are Net 30 days from date of Invoice. A finance charge of 1% will be added for each month an Invoice remains unpaid after 30 days.

    18. International Orders (Outside of United States and Canada)

    International orders must be prepaid in US Dollars. Import fees are the responsibility of the purchaser and are due upon delivery. If you wish to pay by wire transfer, our bank information will be shown on your quotation (pro forma invoice).

    19. Delivery/Shipping Standard Orders

    Orders for in-stock items placed via phone, or e-mail, are typically shipped within 2-5 business days after receipt of order provided valid verification has been received. Out of stock or build-to-order items may vary up to 30-90 days. Please refer to your individualized quote for specific delivery terms. Shipping and handling charges will be added to the invoice total for all shipments, and will be individually determined by weight, size, cost, and other relevant factors. All prices are in US Dollars. All payments are to be received in US Dollars. No surcharge is added for Credit Card orders. Sales tax is charged where applicable.

    Unless otherwise specified at time of order the following shipping methods will be used:

          USA………….UPS Ground

          Canada……….UPS Ground

          International…UPS World Wide Expedited

    20. Money back guarantee policy:  (a) In regards to physical products (such as, but without limitation, CDs, DVDs, physical books), any refunds must be requested within 30 days of delivery of the product(s) and returned product(s) must arrive at the QiRecovery™ offices within 45 days of the original delivery to you of the original product(s). Refund requests must be submitted to QiRecovery™.com and you must follow all instructions for product return, or the money back guarantee is voided and you shall not be entitled to any refund, regardless of whether or not you returned the product(s).  (b) For electronic products (for example, but without limitation, e-books, MP3s), any refunds must be requested within 30 days of the product’s purchase. Refund requests must be submitted to QiRecovery™.com.  After 30 days, your automatic right to a refund will expire.  In the case of valid refund requests, QiRecovery™ will provide a full reimbursement of amounts paid, less shipping costs (if applicable).

    21.   Non-US Orders.  You understand and agree that non-US orders for physical products may be subject to import duties and taxes for any orders placed through the Site. You are responsible for any additional customs clearance fees and taxes. Refusal to pay these fees will result in the carrier abandoning the package and you will be responsible for the cost of the merchandise. QiRecovery™ will indicate the contents of the package as DVD Software and state the full cost of the invoice on the shipping documents. The Site has no control over these additional charges and cannot predict what they may be. You should contact your local customs office for additional information. The recipient's name is indicated as the importer of record for any pertinent shipping documents. The importer of record is responsible for the shipment and must comply with all regulations and laws for the country in which you are receiving the goods. If your order is seized in customs due to violation of any laws the Site will not refund the cost of your order or shipping charges.

    22.   Non-Refunds.  You understand and agree that all deposits and payments for "live programs" (including, but not limited to, seminars, tune ups, and relapse prevention workshops) are non-refundable. You understand and agree that this applies even if you cancel in advance, ask to move to another program, or do not attend the program in question. You understand and agree that the circumstances described in the previous sentence are examples, and do not in any way limit the applicability of the first sentence in this paragraph.

    23.   Non-reimbursements.  You specifically and without limitation waive any and all rights to seek reimbursement of funds paid to the Site through any mechanism not specifically provided for in these terms and conditions. This includes, but is not limited to, your credit card company, the Site’s credit card processor, and the legal system (except as provided for in clause Indemnification above).

    24.   Resale and Distribution.   You understand and agree that any goods or services purchased may not be re-sold, shared, rented, distributed to, given to, exchanged with, or transferred to a third party without prior written permission from the Site.

    25.   Proprietary Trademarks.      You understand and agree that all content and materials available on this site, including, but not limited to, systems, designs, wording, colors and graphics, are proprietary trade secrets protected by copyrights, trademarks, service marks, patents or other proprietary rights and by other laws, and that their use is restricted by the terms of this agreement. Use of the content of materials on this site for any purpose without prior written permission from QiRecovery™ is strictly prohibited. You further agree that you will create no derivate works of this site or the products or services offered within.

    26.   No Liability for Consequential Damages. You agree to indemnify and hold QiRecovery™, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service and products or inability to use the product, even if QiRecovery™ has been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.  Further, the Site does not warrant that transmission of the materials will not be interrupted, nor does it warrant that the materials will contain no errors, nor that they will be accurate. The Site does not warrant that the site itself or the server, which transmits it, will be free of viruses or anything else that might be harmful. Nor do we warrant that any defects will be corrected. You alone assume all risk associated with the use of the site, including the full cost of any necessary repair or service to your computer. By using this site you waive any claim whatsoever against the Site which arises from your use, whether intended or not, of any other site. This clause specifically includes any claim arising from a product and/or service which you purchase from any site other than this site and any claim arising from security of information (including, but not limited to, credit card information), which you use, on this site. In addition, the Site assumes no responsibility for any content (including, but not limited to, content which you find offensive) which you may find on sites that link either to or from this site, or on sites that link either to or from other Site activities that are affiliated with this site (including, but not limited to, products, services, and newsletters). This includes, but is not limited to, responsibility for the accuracy or compliance with any laws and for any viruses or other harmful things, which may be contained in other sites. The Site does not endorse or warrant the quality of any goods or services, which you may purchase from any site other than this site.

    27.   Non Liability.  The Site will not be liable in any way whatsoever (including, but not limited to, negligence) for any special or consequential damages resulting from either your use of this site or your inability to use it or from your use of any site link from or to this site. This limitation specifically includes, but is not limited to, any circumstance in which the Site has been advised of potential liability.

    28.   Enforceability.  You understand and agree that the enforceability of any clause of this agreement is not to be affected by the enforceability of any other clause of this agreement. Nor is the enforceability of any part of any clause of this agreement affected by the enforceability of any other part of any clause of this agreement. Nor shall failure to enforce this agreement be deemed a waiver of this agreement. Certain applicable laws may not allow all of limitations of liability described in this agreement. Should that be the case, you agree that all clauses or parts of clauses which are not inconsistent with applicable laws remain in force, and that the total liability to you for losses, damages, causes of action, and/or negligence shall not exceed the total amount paid by you (if any) to access this site and/or to purchase products or services offered within (as appropriate).

    29.   Newsletter. You understand that by purchasing a product or service, submitting a contact form, or by taking any action on this site, which involves submitting your email address, that you are requesting to be added to a free, no obligation, “the QiRecovery™.com” newsletter. The QiRecovery™ Site offers this newsletter as a free service and no purchase is necessary. On occasion, subscribers have had trouble removing themselves from this free newsletter. If you have trouble subscribing or unsubscribing, you may contact us at dr.randy@QiRecovery.com for personal attention. By submitting your email address, you agree that you wish to be subscribed to this newsletter, and that you will take no action against QiRecovery™.com, or any of its representatives in the event you are unhappy that you subscribed or are not able to remove yourself from this free mailing list, and you agree that the small inconvenience of receiving this unwanted newsletter will cause you no personal, emotional, or finance harm whatsoever. If you do not wish to receive our newsletter, simply click on the unsubscribe button at the bottom of our newsletter.

    30.   Testimonials.  On about testimonials and reviews. All of our testimonials and reviews are true, reflect the opinions and experiences of real users of the QiRecovery™ Program products and services, and are submitted voluntarily by customers. If you would like to submit a testimonial or review to the QiRecovery™ Program, you agree that it becomes the exclusive property the Site, which includes the right to reproduce, edit, and/or publish the testimonial or review which may include your name or initials and city/state/country of residence. The Site reserves the right to edit reviews and/or testimonials for clarity and space issues. Some clients who have submitted reviews or testimonials in the past may have received free or discounted products or services as a thank you in appreciation for the time they invested in writing or recording their testimonials or reviews. The Site is under no obligation to do so.

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