PRIVACY POLICY AND TERMS OF USE

Terms of Use

Be Well by Dr. Frank Lipman is pleased to offer you access to bewellbydrfranklipman.com (hereinafter “the Site”) as a tool and resource to make your journey towards sustainable health and wellness as successful as possible. Your use of bewellbydrfranklipman.com and/or the information, products or services available thereon confirms your unconditional acceptance of the terms and conditions of the website. If you do not accept these Terms and Conditions, please do not use our products, services or website.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you may purchase through or use the Be Well by Dr. Frank Lipman website.

• This User Agreement (”Agreement”) constitutes the entire agreement of the parties. This written agreement supersedes any and all oral negotiations and/or representations of the parties hereto made in relation to this transaction. This agreement neither confers nor creates any rights or responsibilities not specifically enumerated herein. This agreement is entered into by the customer (hereinafter “Customer”) and Eleven Eleven Wellness Inc. a New York Corporation (hereinafter “EE”).

• We may amend this Agreement unilaterally and without notice at any time by posting the amended terms on our site. You are advised to check back frequently for updates and/or amendments to these Terms and Conditions. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in writing signed by you and Eleven Eleven Wellness, Inc. This Agreement is effective on May 1, 2010 for new users, and is otherwise effective 30 days subsequent to that date for all users prior to May 1, 2010.

• This Agreement shall be subject to and governed by the laws of the State of New York, with the exception of its conflict of laws provisions.

• Any waiver or forbearance by EE of any breach (by Customer) of any provision of this Agreement shall not be construed as a waiver of any subsequent breach by Customer.

• This Agreement shall be binding upon the parties and their executors, administrators, successors, and assigns.

• No agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is intended or created between you and Eleven Eleven Wellness Inc. by your use of the Site. These Terms and Conditions may not be assigned by you, but may be assigned by Eleven Eleven Wellness Inc. without restriction.

• The section headings used herein are for convenience only and shall not be attributed any legal import. These Terms and Conditions are for the benefit of Eleven Eleven Wellness Inc., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to enforce these Terms and Conditions directly on their own behalf.

• If any provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability will not affect any other provision hereof. Such provision and the remainder of this Agreement and Schedules shall, in such circumstances, be deemed modified to the extent necessary to render the remaining provisions enforceable.

Use Eligibility Our goods and/or services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our goods and/or services are not available to minors. If you are a minor, you may use this website only in conjunction with your parents or guardians. You affirm that you either are over 18 years of age, are an emancipated minor, or have obtained the consent of your parent or guardian prior to using the Site. You warrant that you are fully able and competent to comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and that you will abide by these Terms and Conditions. If you do not qualify, please do not use our website, products or services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

Your use of the Site constitutes an acknowledgment that its contents are designed for private use only.  Bewellbydrfranklipman.com is not to be used in connection with any commercial enterprise or for any commercial purpose without the express written consent of Eleven Eleven Wellness Inc. You agree to use the Site for lawful purposes only. The content of this site is protected by copyright and intellectual property laws and regulations. Title to the content of this site remains with Eleven Eleven Wellness Inc. or its licensors, and you do not acquire any ownership rights by downloading any material from the Site. You are prohibited from modifying, publishing, transmitting, displaying, participating in the transfer or sale of, creating derivative works based upon, or otherwise exploiting or profiting from the contents of bewellbydrfranklipman.com in whole or in part.

DO NOT CONDUCT THE BE WELL BY DR. FRANK LIPMAN CLEANSE IF YOU:

Are pregnant or nursing
Are under the age of 18
Have active cancer
Have liver disease, hepatitis
Are on medications for bipolar disorder
Have an allergy to any ingredient listed

PLEASE TAKE NOTE OF THE FOLLOWING:

• During the Cleanse phase, we recommend that patients using birth control pills of any type should use a back-up method as cleansing may lower the effectiveness of birth control pills.

• Our formulas contain appreciable levels of minerals which may be an issue for those with kidney disease or on drugs such as anti-hypertensives. Therefore, please consult your doctor before starting a Be Well by Dr. Frank Lipman program.

Health Disclaimer Bewellbydrfranklipman.com is intended for informational purposes only. The content of the Site has not been evaluated by the Food and Drug Administration, and the Site is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should seek medical consultation before beginning any diet and/or exercise regime, including any programs detailed on the Site. Bewellbydrfranklipman.com neither recommends nor condones self-management of one’s health, and you should always seek the advice of your health care provider regarding any questions you might have. Reliance on any information provided on the Site is solely at your own risk. 

Bewellbydrfranklipman.com and it’s directors, officers, employees, licensors, suppliers, agents, and independent contractors do not directly or indirectly practice medicine or provide medical services as a part of bewellbydrfranklipman.com. You should never disregard the advice of a medical professional or delay seeking such advice as a result of something contained on bewellbydrfranklipman.com. 

Liability Limit In no event shall EE, our subsidiaries, employees, contractors or manufacturers be liable for lost profits or any special, incidental, consequential or multiplied damages arising out of or in connection with our site, our products, our services or this agreement (HOWEVER ARISING, INCLUDING NEGLIGENCE), including loss of profits, loss of use or other economic damages, even if advised of the possibility of such damages. This limitation of EE’S liability will apply regardless of the form of action, whether in contact, tort or by statute. Our liability, and the liability of our subsidiaries, employees, contractors and suppliers, to you or any third parties, in any circumstance, is limited to the greater of (A) the amount of the purchased and (B) $100. Customer acknowledges that this limitation of liability is part of this agreement, and was specifically included by EE in the calculation and establishment of the prices paid by customers, which, but for this limitation, would have been much higher.

Indemnification You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. CUSTOMER SHALL ALSO INDEMNIFY AND PAY TO EE, AS WELL AS HOLD EE HARMLESS AGAINST ANY AND ALL LOSSES, CLAIMS, DEMANDS, LIABILITIES, ATTORNEYS’ FEES, OR ANY OTHER EXPENSES WHATSOEVER WHICH EE MAY AT ANY TIME SUSTAIN, INCUR, OR BE PUT TO BY REASON OF, OR IN CONNECTION WITH, ITS PERFORMANCE UNDER THIS AGREEMENT, OR YOUR USE OF THE APPLICABLE WEBSITES, PRODUCTS OR SERVICES INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM EE’S SOLE OR COMPARATIVE NEGLIGENCE.

Arbitration Any legal controversy or legal claim arising out of or relating to this Agreement or our goods and/or services, excluding legal action taken by EE to collect our fees and/or recover damages for, or to obtain an injunction relating to the Site's operations and intellectual property, shall be settled by binding single-arbitrator arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Eleven Eleven Wellness may seek any interim or preliminary relief from a court of competent jurisdiction in New York City, New York necessary to protect the rights or property of Eleven Eleven Wellness, pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00. Parties agree that the Federal Arbitration Act, the United Nations Convention for the Enforcement of Commercial Arbitration Awards, and all other applicable laws and conventions apply to this agreement.

Notices Except as explicitly stated otherwise, any notices shall be given by postal mail to Eleven Eleven Wellness Inc. 32 w 22nd St., 5th fl., New York, NY 10010 or to the address you provide to Eleven Eleven Wellness during the purchase process (in your case). Notice shall be deemed given 3 days after the date of mailing.

Payment Customer agrees to compensate Eleven Eleven Wellness for any goods or services ordered through this website at the original purchase price. ex. promotions, distributors, etc.

Shipping & Delivery We endeavor to ship all orders within 48 hours of receipt. Orders placed Friday afternoon through Sunday will be shipped the following week. Shipping charges are calculated based on the speed of the shipping option you chose, plus the weight of the items. To reflect the policies of the shipping companies we use, all weights are rounded up to the next full pound. On rare occasions, the actual shipping and handling charge may differ slightly from the quoted charge.

Product Guarantee We offer a 30-day, satisfaction guarantee on our products. If you are dissatisfied with your purchase for any reason, please return the unused portion of your purchase to us and we will gladly refund your purchase as per our return policy below.

Return and Refund Policy Refunds will be issued upon receipt of the returned product. Unfortunately there is no refund for original shipping costs and you will be responsible for the return shipping expenses. There is a 15% restocking charge on all returns. You must obtain a refund authorization number (RA#) from us before shipping any returns. You must send back all items for which you wish to receive a refund. Empty supplement boxes must be returned in order to receive a refund. These steps are necessary to protect us from customer fraud.

How To Request a Refund The first step of the refund process is obtaining a refund authorization number (RA#).

Please Email Customer Support with your request for a return:

Please Include:
a) Your order number
b) The items you plan on returning
c) A note about why you are returning your kit - this will help us improve in the future!

Once our team reviews your note you will be sent a shipping address where you can send your return. Please contact customer support if you have any queries.

Customer Support Support is available Monday to Friday: 9:00am to 5:00pm Eastern Standard Time.
Email Customer Support
Telephone: 888.434.9483

Privacy & Security Bewellbydrfranklipman.com does not collect personally identifiable information except in connection with the placement and filling of your orders for products or services available through the Site.  This information will not be used for any purpose other than in connection with your purchase order(s) or in response to your inquiries, and will not at any time be provided to any third party unless required by applicable law.

Bewellbydrfranklipman.com may collect non-personally identifiable information (e.g. what web browser or operating system your computer is running) in the form of “cookies,” as is common with most web sites throughout the internet, in order to collect data regarding the functionality of the site or to help analyze browsing patterns and use of the Site.  Those wishing not to reveal such non-personally identifiable information are advised to adjust the settings of their web browser accordingly.

Legal Compliance Bewellbydrfranklipman.com and EE make every effort to ensure the accuracy of all information presented on the Site, but the accuracy of this information cannot be guaranteed.  All content on the Site is provided on an “as is” basis, and the use of the Site or any of the products and services available on the Site is at your own risk. 

To the fullest extent permitted by applicable law, EE, its officers, directors, employees, and agents disclaim all warranties, whether express or implied, in connection with the Site and your use thereof. Neither EE, its affiliates, nor any of their respective employees, agents, third party content or service providers, or licensors warrant that the site will be uninterrupted, accurate, complete, timely, reliable, or error free; nor do they make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy or reliability of any information, service, or merchandise provided through the site. The Site is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular use. EE assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting directly or indirectly from your access to and use of the Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Site, (v) any bugs, spiders, robots, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (vi) errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content made available through the Site. EE will not be a party to or in any way monitor your interactions with any third party provider of products and/or services.  As with the purchase of any product or service through any medium, or in any environment, you should exercise caution where appropriate and use your best judgment. 

You must comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our website, goods and/or services.

THIS SITE IS CONTROLLED AND OFFERED BY ELEVEN ELEVEN WELLNESS, INC. FROM ITS OFFICES IN THE UNITED STATES OF AMERICA AND ELEVEN ELEVEN WELLNESS, INC. MAKES NO REPRESENTATIONS THAT THE CONTENT OF THE SITE IS APPROPRIATE, AVAILABLE, OR LAWFUL IN OTHER LOCATIONS.  THOSE WHO ACCESS THE SITE FROM OTHER JURISDICTIONS DO SO OF THEIR OWN VOLITION AND ARE RESPONSIBLE FOR THEIR COMPLIANCE WITH APPLICABLE LOCAL LAW.

Our Logo, Be Well by Dr. Frank Lipman™, Eleven Eleven Wellness™ and Guided Health Solutions™ are trademarks of Eleven Eleven Wellness Inc.. All rights reserved.