These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the karmenmd.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Karmen Mesko MD, Karmen MD and BQ Synergy LLC (“BQ Synergy LLC”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and BQ Synergy LLC, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and membership

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, your payment information will be securely saved and you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Backups

We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, BQ Synergy LLC will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by BQ Synergy LLC or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with BQ Synergy LLC. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of BQ Synergy LLC or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of BQ Synergy LLC or third party trademarks.

Disclaimer of warranty

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will BQ Synergy LLC, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of BQ Synergy LLC and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to BQ Synergy LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold BQ Synergy LLC and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Switzerland without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Switzerland. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Switzerland, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

https://www.karmenmd.com/contact

[email protected]

This document was last updated on June 1, 2024

Client Agreement with Karmen Mesko MD, Karmen MD, BQ Synergy GmbH and www.karmenMD.com

IMPORTANT!

By booking services that include Energy Work and/or Spinal Energetics and/or a Breathwork Sequence, you acknowledge that you have read and accept the Client Agreement BELOW.

By entering into the Client Agreement, you certify that you do not have or have not been affected by any of the following diagnoses or conditions:

Diagnosis of severe PTSD, serious mental illness (bipolar disorder, schizophrenia, psychosis, paranoia), currently taking strong medications that alter brain chemistry (antidepressants, anti-anxiety medications, antipsychotics), recent physical injury, broken bones and/or surgery, recent spinal injury or fracture, unhealed injuries, epilepsy, history or diagnosis of aneurysms, cardiovascular problems, uncontrolled high blood pressure, history of seizure disorders, severe asthma, ongoing pregnancy, heart disease, retinal detachment, cataracts, glaucoma, hospitalization for psychiatric illness, emotional crisis or spiritual awakening within the past six months, any other medical, psychiatric or physical condition that would impair or affect their ability to participate in activities requiring intense physical and/or emotional release require.

If you have any doubts about whether you should attend, please email us at [email protected]

DETAILED CUSTOMER AGREEMENT:

This Release, Waiver and Indemnity Customer Agreement (hereinafter "Agreement") is entered into between me ("Participant") and Karmen Mesko MD, Karmen MD, BQ Synergy GmbH, with KarmenMD.com, ("Organizer").

As a consent to participate in the activities that will take place both in person and online.

The parties hereby agree as follows:

1. This Agreement is entered into under the laws of Switzerland and shall be construed, governed and enforced in accordance with such laws. The term of this Agreement is for all sessions, events and online released content.
2. Participant agrees that in the event of a lawsuit against the Organizer for any reason, whether to enforce the terms of this Agreement or on any other basis, all disputes between Participant and the Organizer will be litigated in Lausanne, Switzerland, and Participant waives any rights he/she may have in any other jurisdiction.
3. Participant confirms that he/she is not suffering from or has not suffered from any of the following diagnoses or conditions: psychosis, paranoia, bipolar personality disorder, epilepsy, taking strong medications, or being under the influence of drugs or alcohol. If you have any doubts about whether to participate, consult your doctor or therapist before participating.
4. Participant is aware that certain activities he/she does during the session can be physically, emotionally and/or mentally transformative.

5. Participant confirms that he/she is at least 18 years old. In the event that Participant is younger than 18 years old, one of his/her legal guardians is present or consents to the participation of the youth.
6. Participant understands that all content created on behalf of Karmen Mesko MD, Karmen MD and BQ Synergy GmbH is intended as a personal development and should not be used as a substitute for psychotherapy or other medical treatment.
7. Participant knows, understands and acknowledges that Organizer is NOT IN THE CAPACITY and FUNCTION as a doctor or therapist, and that the modality is NOT recognized by Western medicine and is intended to diagnose or treat any disease, condition or disorder, whether physical, mental, psychological or emotional.
8. Participant acknowledges, understands and agrees that this Agreement and all releases, terms and conditions contained herein shall apply with equal force and govern all future programs, both in person and online, in which Participant participates with Organizer, eliminating the need to confirm this Agreement each time Participant participates in Organizer activities or events.
9. Participant agrees to notify the Organizer of any changes in his or her health status prior to attending an event.
10. The participant understands that, since his/her experience is influenced by his/her own psyche, the organizer, despite any representations by the organizer or the Organizer's employees or any marketing materials of the programs cannot guarantee any particular type of experience, result or benefit from participation in the program.
11. The participant agrees to take full responsibility for his/her own physical, emotional and mental health and to release the Organizer from any physical, emotional and/or mental harm attributable to him/her. The participant further indemnifies the Organizer from any loss, liability, injury, damage, or expense that may arise from or in connection with participation in the program.
12. The participant confirms that he/she (a) has been informed of the nature of the activities that will be conducted during the program and understands the risks and difficulties that may arise during the program; and (b) that if at any time during the session he/she feels too unwell to continue, he/she must stop immediately and contact the Organizer before continuing. The participant understands that he/she may refuse any of the activities. The participant understands that by accepting this statement and participating in the program, he/she assumes the risks associated with the activities. The participant further understands that these activities are best performed in the presence or in conjunction with the organizer for best results.

13. The participant understands that contraindications to the planned activities may exist if the participant suffers or has suffered from medical or psychological/psychiatric conditions that require professional care; and that the activities described may also trigger repressed traumas.
14. The participant agrees to keep any comments, information, or experiences of the other participants confidential.
15. The participant understands and agrees that he/she attends and participates in the program at the sole discretion of the organizer, whereby attendance and/or participation may be terminated at any time without being informed of the reason.
16. The participant agrees not to make any recordings - neither audio nor video - of these sessions or of the persons participating in them. No photographs of persons will be taken unless the person photographed has given their prior consent.
17. The online readings, programs, questions and answers and sessions are recorded by the organizer with the express consent of the participant and made available to him/her for further reference. If the participant does not consent to this, the session will not be recorded.
18. The recorded readings, sessions, questions and answers may be used for educational purposes or as marketing materials, but with the express consent of the participant, in oral or written form. All recordings will be kept on the computer or a storage unit for this purpose.
19. To send the recording to the participant, the participant agrees that the organizer sends the recording via an electronically secure means. The participant is aware of the risks of this means of data transmission and agrees with full personal responsibility. The participant further indemnifies the organizer from any loss, liability, injury, damage or expense that may arise from or in connection with the transmission of data online.
20. If any provision of this agreement is invalid or illegal, this shall not affect the validity of the remaining provisions of this agreement. In such event, this Agreement shall be construed as if it had not contained the invalid or illegal portion, and the rights and obligations of the parties shall be construed and enforced accordingly.

I, the Client and Participant, have read this Agreement and understand that it contains a release from all claims for injury and damages, and I have either consulted with an attorney or, in my sole discretion, chosen not to do so. I voluntarily accept the terms of this Agreement. If English is not my native language, I have either learned enough English to be able to read and understand this Agreement, or I have had this Agreement explained to me in my native language.

Contact us if you have any questions, concerns, or complaints about this Disclaimer.

Please contact us by emailing us at [email protected]