Welcome to Angela Kung Acupuncture & Wellness Center (“Angela Kung Acupuncture”).  This Terms and Conditions of Use (“Terms”) is a contract between you and Angela Kung Acupuncture which govern your access to, and use of the Angela Kung Acupuncture website located at https://angelakungacupuncture.com, its content, products and/or services made available through Angela Kung Acupuncture (collectively, the “Site”). Please read these Terms carefully before accessing and using the Site.

1. Terms of Use.

1. Acceptance of Terms. By accessing and/or using the Site, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site.
2. Amendment of Terms. Angela Kung Acupuncture may amend the Terms from time to time. Unless Angela Kung Acupuncture provides a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site after such posting constitutes your consent to be bound by the Terms, as amended.
3. Additional Terms. In addition to these Terms, when using particular plans, offers, products, services or features, you may also be subject to any additional guidelines, consents, or rules applicable to such treatment, plan, offer, product, service or feature, which may be provided and modified from time to time (“Additional Terms”). All such Additional Terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.

1. Products, Contents, and Specifications. All products, content, specifications, prices of products and services described or depicted on this web site, https://angelakungacupuncture.com (the “Web Site”), are subject to change at any time without notice. Description of products, weights, and measurements are approximate and are provided for convenience purposes only. The Web Site provides information about certain nutritional supplements for informational purposes only. It is not meant to substitute for the advice of licensed physician or other health care professional. You should not use the information available on or through the Web Site for diagnosing or treating a health problem or disease or prescribing any medication or ceasing to use prescribed medication. Any questions about the need or use of drugs, medication, or supplements should be directed to your physician. Statements on the Web Site regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated. No statement on the Web Site is intended to convey the meaning, explicitly or implicitly, that supplements should or could be used in place of a drug or medication, or that such supplements can cure, mitigate, treat, or prevent disease.
2. Disclaimer of Warranties. YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. ANGELA KUNG ACUPUNCTURE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND ANGELA KUNG ACUPUNCTURE MAKES NO COMMITMENT NOR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.

   ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

   YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST ANGELA KUNG ACUPUNCTURE, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS ARISING OUT OF, OR IN CONJUNCTION WITH YOUR USE OF THE WEB SITE.

3. Privacy. The Angela Kung Acupuncture Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to Angela Kung Acupuncture’ collection, use, and disclosure of your personal information. Please see the Privacy Policy, available on the Angela Kung Acupuncture website, for more information.
4. Prohibited Uses. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures Angela Kung Acupuncture may use to prevent or restrict access to the Site. Angela Kung Acupuncture reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
5. Ownership; Proprietary Rights. The Angela Kung Acupuncture website is owned and operated by Angela Kung Acupuncture. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Angela Kung Acupuncture (“Materials”) are protected by the copyright, trade dress, patent, and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Site are the copyrighted property of Angela Kung Acupuncture or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Angela Kung Acupuncture or its affiliates and/or third-party licensors. Except as expressly authorized by Angela Kung Acupuncture, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
6. Notice. Except as explicitly stated otherwise, legal notices will be served, with respect to Angela Kung Acupuncture, on Angela Kung Acupuncture’s registered agent, and, with respect to you, to the email address you provide to Angela Kung Acupuncture during the registration process. Notice will be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Angela Kung Acupuncture may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three (3) days after the date of mailing.
7. Electronic Signatures and Agreements. You acknowledge and agree that by clicking on the button labeled “CONFIRM PURCHASE,” “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT” or such similar links as may be designated by Angela Kung Acupuncture to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY ANGELA KUNG ACUPUNCTURE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
8. Release. By signing up for an Angela Kung Acupuncture membership, you acknowledge and agree to release and discharge Angela Kung Acupuncture, its directors, officers, managers, members, agents, employees, representatives and instructors, (hereinafter referred to collectively as the “Released Parties”), from any and all liability, claims, demands, causes of action, and expenses, (including attorneys’ fees and costs), whether past, present, or future, for personal injury, death, and/or property damage from any cause whatsoever arising from or in connection with your use of the Angela Kung Acupuncture platform, even if such injury, death, and/or property damage is caused by a negligent act or omission by Released Parties.
9. 10.Indemnification. You agree to defend, indemnify and hold Angela Kung Acupuncture harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms. To the fullest extent permitted by law, you release, indemnify, and hold harmless Angela Kung Acupuncture, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of your Angela Kung Acupuncture membership or the Site, including with respect to bodily injury, physical harm, illness, death or property damage
10. 11.Limitation of Liability and Damages. Under no circumstances will Angela Kung Acupuncture or its affiliates, contractors, employees, agents, or third-party partners be liable for any special, indirect, incidental, or consequential damages under any theory of liability, whether based in contract, tort (including negligence and product liability), or otherwise even if Angela Kung Acupuncture has been advised of the possibilities of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Angela Kung Acupuncture’s liability will be limited to the fullest extent permitted by applicable law. Angela Kung Acupuncture’s liability to you is limited to the amounts, if any, paid by you to Angela Kung Acupuncture under this Agreement. The foregoing limitations will apply to the maximum extent permitted by applicable law, regardless of whether Angela Kung Acupuncture has been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose.
11. 12.Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of California. You and Angela Kung Acupuncture agree that all claims or disputes hereunder or questions arising out of this Agreement shall be determined only in the federal or state courts located in Los Angeles County, California, to the exclusion of all other courts, and You agree to submit to the jurisdiction of the tribunals of the County of Los Angeles, State of California, including any American Arbitration Association location in the County of Los Angeles, State of California, for the resolution of disputes arising from or relating to this Agreement.
12. 13.Arbitration of Disputes. Any claim or controversy arising out of or relating to this Agreement, or the performance of services hereunder, will be determined and settled by binding arbitration in Los Angeles County, according to the California Arbitration Statutes in effect at that time.  Notwithstanding the foregoing, disputes arising out of or relating to this Agreement within the monetary limit of the Los Angeles County Small Claims Court shall be litigated in such court at the request of either Party.  You and Angela Kung Acupuncture hereto agree to pay their own attorneys’ fees associated with the arbitration, and to pay the other costs and expenses of the arbitration as the rules of the American Arbitration Association provide, except that the prevailing party in such arbitration shall be entitled to reimbursement of his/her/its attorney’s fees and costs, in addition to such other relief as such Party shall be entitled.
13. 14.Attorney’s Fees. You and Angela Kung Acupuncture agree that failure to comply with the Arbitration requirements as set forth in Section 15 of this Agreement, renders a prevailing party ineligible to receive attorney’s fees that they would otherwise be entitled to receive. If any legal action, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that Party may be entitled.
14. 15.Severability.  If any provision of this Agreement or the application of any provision of this Agreement to any person or circumstance is to any extent, held to be invalid or unenforceable, the remainder of this Agreement or the application of that provision to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected, and each provision of this Agreement will be valid and be enforced to the fullest extent permitted by law.
15. 16.Assignment. Angela Kung Acupuncture may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.
16. 17.Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and Angela Kung Acupuncture relating to the subject matter herein.
17. 18.Disclosures. The services hereunder are offered by Angela Kung Acupuncture, located at 27405 Puerta Real, Suite 210, Mission Viejo, CA 92691. If you are a California resident, you may have this same information emailed to you by an email to frontdesk@angelakungacupuncture.com with your email address and a request for this information.
18. 19.Waiver. No waiver of any of these Terms by Angela Kung Acupuncture is binding unless authorized in writing by an executive officer of Angela Kung Acupuncture. In the event that Angela Kung Acupuncture waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of Angela Kung Acupuncture to enforce the same at a later time.
19. 20.PAYMENT TERMS

1. Service and Package Policy. Angela Kung Acupuncture may offer a number of membership plans, including special promotional plans or memberships, with differing conditions and limitations. Angela Kung Acupuncture reserves the right to modify, terminate or otherwise amend our offered membership plans. Such pre-paid Packages are final and not refundable.
2. Refunds. All products purchased either in-store or through our website – including supplements, Chinese herbal medicine, boutique items – are non-refundable. However, eligible products may be returned for store credit only. To qualify for a return, items must be in their original packaging accompanied by a valid receipt. Any additional discounts or refunds provided by Angela Kung Acupuncture are granted solely at our discretion and do not establish a precedent or entitlement to similar accommodations in the future.
3. Credit Card Authorization. You authorize Angela Kung Acupuncture to securely store your credit card information and to charge your card for any outstanding balances related to services rendered or product purchased, including but not limited to Chinese herbal medicine, supplements, boutique items, co-pays, deductibles, missed appointment fees, late cancellations. You understand that this authorization will remain in effect until you provide written notice of cancellation. You acknowledge that you are responsible for all charges incurred and agree to notify Angela Kung Acupuncture of any changes to your credit card information.
4. On Time Payment. Payment for all products and services is due at the time of service unless prior arrangement has been made in writing. If payment is not received within 7 days of the invoice date, a late fee of 1.5% per month on the outstanding balance will be assessed, not to exceed the maximum allowed by the State of California. Late fees are intended to encourage timely payment and to cover administrative costs associated with overdue accounts. If the account remains unpaid for more than 60 days, Angela Kung Acupuncture reserves the right to suspend future appointments and may refer the account to a third-party collection agency. You will be responsible for any additional costs incurred in the collection process, including reasonable attorney’s fees and court costs, as permitted by law.

By clicking “AGREE” below, you agree to be bound by the Terms and Conditions of Use set forth above.