Complementary and Alternative Health Care Bill of Rights

Pursuant to the Minnesota Statute 146A.11 Subdivision 1(a): All unlicensed complementary and alternative health care practitioners as defined by Minnesota Statue 46A.01 Subdivision 6 shall provide to each complementary and alternative health care client as defined by Minnesota Statute 46A.01 Subdivision 3 prior to providing treatment a written copy of the complementary and alternative health care client bill of rights.

May the following serve to meet Minnesota Statute 146A.11 according to the definitions stated in Minnesota Statute 146A.01. Any consideration required for those that do not speak in English, those who cannot read, or who have any communication disabilities may request special accommodation.

Guiding Qi will provide Complimentary and Alternative Health Care Practices as defined and restricted by Minnesota Statute 146A.01 Subdivision 4.  The pertinent parts of the statute are as follows: 

(a) "Complementary and alternative health care practices" means the broad domain of complementary and alternative healing methods and treatments, including but not limited to: (1) acupressure; (2) anthroposophy; (3) aroma therapy; (4) ayurveda; (5) cranial sacral therapy; (6) culturally traditional healing practices; (7) detoxification practices and therapies; (8) energetic healing; (9) polarity therapy; (10) folk practices; (11) healing practices utilizing food, food supplements, nutrients, and the physical forces of heat, cold, water, touch, and light; (12) Gerson therapy and colostrum therapy; (13) healing touch; (14) herbology or herbalism; (15) homeopathy; (16) nondiagnostic iridology; (17) body work, massage, and massage therapy; (18) meditation; (19) mind-body healing practices; (20) naturopathy; (21) noninvasive instrumentalities; and (22) traditional Oriental practices, such as Qi Gong energy healing.

b) Complementary and alternative health care practices do not include surgery, x-ray radiation, administering or dispensing legend drugs and controlled substances, practices that invade the human body by puncture of the skin, setting fractures, the use of medical devices as defined in section 147A.01, any practice included in the practice of dentistry as defined in section 150A.05, subdivision 1, or the manipulation or adjustment of articulations of joints or the spine as described in section 146.23 or 148.01.

(c) Complementary and alternative health care practices do not include practices that are permitted under section 147.09, clause (11), or 148.271, clause (5).

(d) This chapter does not apply to, control, prevent, or restrict the practice, service, or activity of lawfully marketing or distributing food products, including dietary supplements as defined in the federal Dietary Supplement Health and Education Act, educating customers about such products, or explaining the uses of such products. Under Minnesota law, an unlicensed complementary and alternative health care practitioner may not provide a medical diagnosis or recommend discontinuance of medically prescribed treatments.

Guiding Qi, LLC. is a Limited Liability Company owned and operated by Sidney James Nance.  Under the complementary and alternative health care title of a Second Degree Spring Forest Qigong Master, Guiding Qi LLC operates as an unlicensed complementary and alternative health care practitioner, as defined by Minnesota Statute 46A.01 Subdivision 5., The address and contact information registered of Guiding Qi, LLC is registered with the State of Minnesota Secretary of State.

Master Sidney James Nance (herein after referred to the ‘Practitioner’) has been studying the Complementary and alternative health care practiceof Qigong since 1994. Qigong is the process of  energy healing as defined by Minnesota Statute 46A.01 Subdivision 4.22. The Practitioner's extensive training and experience, since 1994, in the practice of Qigong allowed him to achieve the venerable status a Second Degree Spring Forest Qigong Master in 2005. The Practitioner also holds a B.A. in Elementary Education from Antioch College and a M.S. in Career & Academic Counseling from North Carolina Central University.

THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL AND TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONERS. THIS STATEMENT OF CREDENTIALS IS FOR INFORMATION PURPOSES ONLY.

As defined by Minnesota Statue 46A.01 Subdivision 4.b,c,d:

Under Minnesota law, an unlicensed complementary and alternative health care practitioner may not provide a medical diagnosis or recommend discontinuance of medically prescribed treatments. If a client desires a diagnosis from a licensed physician, chiropractor, or acupuncture practitioner, or services from a physician, chiropractor, nurse, osteopath, physical therapist, dietitian, nutritionist, acupuncture practitioner, athletic trainer, or any other type of health care provider, the client may seek such services at any time.

b) Complementary and alternative health care practices do not include surgery, x-ray radiation, administering or dispensing legend drugs and controlled substances, practices that invade the human body by puncture of the skin, setting fractures, the use of medical devices as defined in section 147A.01, any practice included in the practice of dentistry as defined in section 150A.05, subdivision 1, or the manipulation or adjustment of articulations of joints or the spine as described in section 146.23 or 148.01.

(c) Complementary and alternative health care practices do not include practices that are permitted under section 147.09, clause (11), or 148.271, clause (5).

(d) This chapter does not apply to, control, prevent, or restrict the practice, service, or activity of lawfully marketing or distributing food products, including dietary supplements as defined in the federal Dietary Supplement Health and Education Act, educating customers about such products, or explaining the uses of such products. Under Minnesota law, an unlicensed complementary and alternative health care practitioner may not provide a medical diagnosis or recommend discontinuance of medically prescribed treatments. The Practitioner also holds a B.A. in Elementary Education from Antioch College and a M.S. in Career and Academic Counseling from North Carolina Central University.  

 

Guiding Qi, LLC is owned and operated by the Practitioner.  Any complaints by the Complementary and alternative health care client as defined by Minnesota Statue 46A.01 Subdivision 3 may be filed in writing with the Guiding Qi, LLC office at the email address provided here: guidingqi@gmail.com.  The procedure for filing a complaint consists of documenting a detailed account of the complaint in the English language within thirty days of the alleged incident and sending providing notice of the complaint via phone, email or mail at the contacts to the email address provided above. The Complaint must include the full legal name and the direct contact information of the individual(s) filing the complaint. After receipt of the complaint, a Sixty days period should be allowed for Guiding Qi to address the complaint. Receipt of complaint for response to be given.  If a resolution agreement between Guiding Qi, LLC. and the individual(s) making the complaint cannot be resolved/reached within one hundred and eighty days of the initial complaint filed, . Both “Parties” (hereinafter reference as Guiding Qi, LLC. and the complementary and alternative medicine client as defined by Minnesota Statue 46A.01 Subdivision 3) will come to an Agreement that all agree that the dispute(s) shall be subject to the exclusive jurisdiction and venue of the Minnesota state and federal courts. The Parties hereby consent to the personal and exclusive jurisdiction and venue of these courts, and agree that to resolve[Unknown A7]  their disputes in lieu of litigation, they may utilize the alternative dispute resolution methods of arbitration and mediation. This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota without reference to conflict of laws principles. All claims and disputes that arise are to be settled by binding arbitration in the state of Minnesota or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the statues of Complementary and Alternative Medicine and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. Parties shall acknowledge that improper disclosure, or threatened disclosure, of Parties confidential information will cause irreparable harm to both Parties., and thus, that Parties shall be entitled to, amongst other forms of relief, injunctive relief to prevent any such unauthorized disclosure. There are no understandings, contracts, agreements, warranties or representations, expressed or implied, not specified herein. This Agreement may not be amended, nor may any obligation hereunder be waived, except by a writing signed by both Parties hereto.

Fees for services of Guiding Qi, LLC. vary. Currently, there are three services offered, including: Healing Services, Guiding Qi Study Program/Practice group, and Guiding Qi Talks. Billing is conducted through the Guiding Qi, LLC. website: www.guidingqi.com.  All clients have the right to reasonable notice of changes in services or fees.  No insurance companies have agreed to reimburse the practitioner, nor does the Practitioner contract with any health maintenance organizations. The Practitioner does not accept Medicare, medical assistance, or general assistance medical care.

 

The unlicensed complementary and alternative service the Practitioner provides to the client is facilitated within the context of Traditional Chinese Medicine.  In clearing the energetic system of any blockages, the flow of Qi is balanced in the system, which and allows the body’s energy system to function optimally.

 

Terms of Use and Conditions

Welcome to the Guiding Qi, LLC. website. The Terms of Use and Conditions (“Terms”) govern your use of the Guiding Qi, LLC. (“Our/We”) website (“Site”). Please read the terms in full before using our Site. By accepting these Terms or by using this Site, you agree to be legally bound by these Terms, Our Privacy Policy and Notice of Privacy Practices.

If you do not agree to these terms, please do not use our Site. We reserve the right to modify these Terms at any time without prior notice, and your use of the Site binds you to the changes made. We do occasionally update these terms so please refer to them in the future.

Access to Site

You will be able to access our Site without having to register any details with us.

 

Use of Site

Our Site, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided and the collection and compilation and assembly thereof are the exclusive property of Guiding Qi, LLC., and are protected by U.S. and international copyright laws. The contents of our Site may be used for your informational and entertainment purposes only. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents without our prior written consent is expressly forbidden. Any other trademarks or service marks appearing anywhere on our Site are the property of their respective owners. To the extent any product name or logo does not appear with a trademark does not constitute a waiver of any and all intellectual property rights that Guiding Qi, LLC. or its businesses has established in any of its products, features, or service names or logos. You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this Site for commercial profit or gain. Nothing in these Terms or on the Site shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity. We hold all rights to the content on this website.

 

As a condition of your use of the Site, you will not use the Site, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our Site are being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section. You may not use the Site contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the Site, or any contents or services. You may not attempt to gain access to any portion of the Site, or any of its contents or services, other than those for which you are authorized.

While every effort is made to ensure the timeliness and accuracy of the Site content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from its use. We make no representation or warranty, express or implied, with respect to the content of the Site, or links to other sites, including but not limited to accurateness, completeness, correctness, timeliness or reliability. We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Site, or the results to be obtained from using the Site. We make no representation or warranty that the Site or content is free from defects or viruses. Your use of external links, third-party websites, and application programming interfaces is at your own risk and subject to the terms and conditions of use for such links and sites. While every effort is made to ensure that all content provided on the Site does not contain computer viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer and you should ensure that you have a complete and current backup of the applicable items on your computer. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site. While every effort is made to ensure smooth and continuous operation, we do not warrant the Site will operate error free.

Site Uptime

We take all reasonable steps to ensure that our Site is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Site is unavailable at any time. Our Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so. User Conduct Any material you send or post to our Site shall be considered non-proprietary. When using our Site, you shall not post or send to or from the Site:

 

Content for which you have not obtained all necessary consents;

Content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site is being used; content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site in breach of the this Section. You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site only with due regard for your own safety and the safety of others. Links to and from Third Party Websites Any links or application programming interfaces (i.e. pop-up windows) furnished on our Site may allow you to leave our Site. These third party websites are not under our control and we disclaim any responsibility for the contents of such linked sites or any link(s) contained in any such linked site(s) or any changes or updates to any of these sites. We further disclaim any responsibility for any form of transmission received from any linked third party website or advertising. If we provide these links to you, it is done simply as a convenience to you and inclusion of any link herein shall in no way be construed as an endorsement by us of the site(s). If you would like to link to our Site, you may only do so on the basis that you link to, but do not replicate, any page of our Site, and subject to the following conditions:

 

You do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

You do not misrepresent your relationship with us or present any false information about us;

You do not link from a website that is not owned by you; and

Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States of America.

If you choose to link our website in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions. Disclaimers All information on our Site is of a general nature and is furnished for your knowledge and understanding and as an informational and entertainment resource only. The documents and any related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on our Site. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or reliance on the information from either.

 

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

 

Limitation of Liability

YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

 

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You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, hotel partners, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right. Assignment These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

 

Applicable Law

We make no representations that the content or the Site are appropriate or may be used or downloaded outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the website. Our Site is created and controlled in the State of New York, United States of America. The Site, and its contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the State of New York and applicable United States federal laws. Use of our Site constitutes agreement of the user to the jurisdiction of the state and federal courts located therein. Our Site is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required. General These Terms, together with the Privacy Policy and Notice of Privacy Practices, and any legal notices published by us on the Site, shall constitute the entire agreement between us concerning use of the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Our Contact Information:

Guiding Qi, LLC.

Guidingqi@gmail.com

 

Privacy Policy and Practices

 

Website PRIVACY POLICY and NOTICE OF PRIVACY PRACTICES Guiding Qi, LLC (“we”) is committed to protecting and preserving your privacy. This policy, together with our Terms of Use and Conditions sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. By using our website (“Site”), you are accepting the practices described in this Privacy Policy and Notices of Privacy Practices (“Privacy Policy”). By using this Site, you consent to the use of information that you provide us in accordance with this Privacy Policy. We do update this Privacy Policy from time to time so please review this Privacy Policy regularly. If we materially alter our Privacy Policy, we will notify you of such changes by either contacting you through your user account e-mail address or by posting a notice on our Site. Your continued use of the Site will be deemed your agreement that your information may be used in accordance with the new policy. If you do not agree with the changes, then you should stop using the Site and you should notify us that you do not want your information used in accordance with the changes. We have structured our Site so that you can visit it without identifying yourself or revealing any personal information. However, in order to receive discounted hotel rates, you will need to provide us with some personal information. If you choose to provide us with information by which you can be identified, you can be assured that it will only be used in accordance with this Privacy Policy. We will not sell any personally identifiable information to third parties. However, we may sell aggregate data reports to third parties concerning our Site’s user base. Website Privacy Notice Please read this Privacy Policy carefully to fully understand how we collect, share and protect information about you. This Policy is incorporated into and is a part of the Terms of Use and Conditions of this Site. To access the Terms of Use and Conditions. By accessing and using the Site, you agree that you have read and understand this Privacy Policy and that you accept and consent to the privacy practices and uses or disclosures of information about you that are described herein. In order to deliver personalized and relevant information to you through our Site, we collect certain information from our users.

 

Information We Collect In Operating our Site, We may collect and process the following data about you:

Information that you provide directly to us by filling in forms on our Site (for example, to contact us, you must provide your name and e-mail address).

Information that you provide directly to us by signing up for an account on our Site (for example, to create a profile you must provide your name, e-mail address, phone number, address, password, and country of residence).

Information collected through your Facebook user profile if you choose to sign up for an account with our Site by using your Facebook username and password. We do not collect or store your Facebook username or password. Facebook processes your username and password directly through their website and network, and as such, your use of your Facebook account to connect with our Site is controlled by the terms of use of Facebook. See section below “Third Party Website Interaction” for more information. However, we will collect your basic Facebook profile information (e.g. name and e-mail address) and your number of friends and followers.

Information you provide to us regarding your hotel preference and travel habits when you choose to book a hotel visit through our Site.

Information collected through your social media accounts if you choose to link such information, including, if applicable, but not limited to information from your Facebook account (i.e. name, e-mail address, number of friends, and followers), your Twitter account (i.e. name, number of followers), and your LinkedIn account (i.e. name, industry, job title, current position, and your 1st and 2nd degree connections). We may also collect information through Instagram (e.g. name, e-mail, number of followers, and hash-tags and photos related to the properties we feature on our Site), and Google+ (e.g. name, e-mail address, and number of friends in your circles). We do not collect or store your social media account(s) username(s) or password(s). The social media website(s) processes your username and password directly through their website(s) and network(s), and as such, if you choose to connect your social media account(s) with our Site such connection is controlled by the terms of use of each individual social media website(s). See section below “Third Party Website Interaction” for more information. Additionally, we will have access to the following information through your social media accounts, but will not store this information: Facebook –profile picture, age range, gender, language, country, other public information (e.g. likes); LinkedIn –photo, headline, current positions; Twitter –tweets from timeline, who or what you follow; Instagram –your profile, photos and followers; Google+ –photos, your posts, and friends in your circles.

Information provided to us when you communicate with us for any reason.

Third Party Website and Interaction By accessing other third party websites through our Site, you are consenting to the terms and privacy policies of those websites. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them. This includes your use of Facebook, Twitter, LinkedIn, Instagram, Google+, Le Club Accorhotels, Hyatt Gold Passport, Hilton HHonors, IHG Rewards Club, Marriott Rewards, Starwood Hotels Preferred Guest, and British Airways Executive Club, U.S. Airways Dividend Miles, JetBlue Airways trueBlue, and Lufthansa Miles and More. Additional social media and/or hotel and airlines rewards and loyalty programs may be added to our Site. We do not accept any responsibility for any additional third party websites that we may add in the future. Users Only of Legal Age of Majority Our Site is designed and intended for those who have reached the age of majority (18 years of age). By using our Site, you affirm that you are at least 18 years of age or older. We are not liable for any damages that may result from a user’s misrepresentation of age. No one under age 13 is authorized to submit any information, including personally identifying information, on our Site. Under no circumstances may anyone under age 13 use our Site. Parents or legal guardians of children under 13 cannot agree to these terms on their behalf. Compliance with European Union Privacy Regulations If you are a user outside of the United States, the European Union Data Protection Act of 1998 gives you the right to access the information that we hold about you. Should you wish to receive details that we hold about you please contact us using the contact details below. If you believe any information we are holding on you is incorrect or incomplete, please inform us as soon as possible at the address below. We will correct any information which is found to be incorrect. Additionally, we comply with European Union privacy laws, including the “adequacy” standard for the protection and privacy of your information.

 

Contacting Us

We welcome any queries, comments, requests or complaints you may have regarding this Privacy Policy and Notice of Privacy Practices.

Please do not hesitate to contact us at:

Guiding Qi, LLC.

guidingqi@gmail.com

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