Manifest Happiness Today

Initial Business Response / [redacted] (1000, 8, 2015/10/15) */ We specialize in restoring injured soft tissues to full health so our clients can live long, healthy lives free of muscle pain, adverse nerve sensation and poor postural habits which may detract from their current or future happinessWe are happy to say that we have taken three post-diagnosis clients back to full health after they have been told that the only way is invasive surgeryWhile we inform every client that our scope of practice does not allow us to diagnose, the caveat is that we would not be good at what we do if we didn't combine passion for helping others with knowledge of how to do so and the experience we have in our specialized field within Complimentary and Alternative Medicine practices By her own admission, the "doctor" the client consulted is a personal friend who happens to be a general medicine practitioner with little-knowledge of the difference in feel between healthy and avulsed soft tissue; nor did this GMP perform proper analysis or order an MRI to properly assess the health of the tissue Also, it should be noted that the admitted post-massage symptoms indicated in all three of the clients attempts to renegotiate her contract indicate that she did not follow through with my recommendations, chiefly, to increase water intake in an effort to remove excess mineral deposits and toxins from her extra cellular matrix and blood stream Regarding the contract, the client had ample time to review the contract prior to signing it and she declined to take her copy with her when she left the officeThe contract terms clearly state "The Services will also include any other tasks which the Parties may agree on," as well as "the Service Provider will be entitled to the following additional compensation from the Client: (a) Any applicable dutiesin connection with providing Service of this Agreement." Prior to the termination of the Agreement, the client agreed to pay for a series of massages spaced 3-to-days apart, and then failed to actually make the appointmentsThis is the underlying reason for her refund request, however, our receipts clearly state that sales are non-refundable As we have pointed this out numerous times to the client, as well as offered to let her transfer the credited time to other individuals, we are left with no option but to stop responding to her harassing multiple phone calls, texts, emails, and other attempts to retrieve money she has obligated herself to paying As a health clinic with good intentions to improve the daily lives and future experiences of our clients, we have done nothing to scorn this woman, and we only stopped engaging with her when we exhausted our other options Unless she has sought the aid of another specialist, I am confident that she is either managing her symptoms with OTC medications or suffering on a near-daily basisTorn tissues don't heal themselves without creating scar tissueScar tissue creates complicationsComplications compound as life goes on I see countless individuals between roughly 40-years-old and 90-years-old who wish they had met me sooner because I can not only reverse soft tissue injury in dedicated individuals, but I can also help bodies be best prepared to endure physical stress and, thusly, prevent injuries (which is much less costly, btw.) As the client stated, we are a small business, and we sought out the lowest possible overhead so we can offer affordable progressive therapies to people who may need as many as massages per month in order to make a real effort towards improving their every day experienceAs a result, we literally do not offer refunds because, if we did, we would have to charge every single client more money to pay for such refunds when they occurThis client admitted that she paid $30-per-hour for her massagesDo you honestly think we could afford to stay in business AND pay refunds at those rates? We can't even afford to eat out every once and a while, or pay a babysitter so we can go on a date, or even have date nights! No, live a very modest lifestyle and drive a busted up car so people who need our specialized services can afford them We aren't bad peopleWe aren't malicious, or con-artistsWe are whole-hearted and compassionate people who care more about improving the lives of others than money and what it buys Thank you for your time, and namaste, Kaleb "with a Kay" Initial Consumer Rebuttal / [redacted] (3000, 10, 2015/10/22) */ (The consumer indicated he/she DID NOT accept the response from the business.) Kaleb's response is full of and inflammatory statementsHe is creating a sympathetic picture of himself while portraying me as unreasonable and harassingThis is not an accurate reflection of realityMy complaint is about the unethical conduct of this business and their unreasonable refusal to refund a client for services which were never performed On 8/I bought hours of massage for a special rate of $per hour which was offered to me after a massages session bought by my husband through Amazon DealsThe price was determined by my ability to pay that rate and the businesses willingness to offer me hours at that rateAt that time I was given paperwork that was alleged to be for the hours and understood by me to be applicable to this special deal I was gettingI admit that I didn't thoroughly read the "contract", as I imagine many customers wouldn't, because this was a relatively small purchaseI can own up to the fact that I made a mistake by not being more thoroughKaleb says that I "declined" to take a copy of the "contract" with meI don't remember "declining" to take the contract, because I generally would take something like this with meHowever, I know that I don't have a copy in my possession nowI have asked several times for the business to send me a copy and they never have It seems that the "contract" contains information I was not aware ofI've never heard of a "contract" that is applicable for future purchasesIf the business has such an unusual and cryptic clause they should be proactive and ethical in disclosing this to clients who are making a larger purchaseAgain, I haven't had any opportunity to review the "contract" since the business will not send me a copy despite my multiple requests On 9/I returned to use of the hours I bought on 8/I had an acute shoulder ache that Kaleb worked on for most of the sessionI was in a lot of pain and desperate to feel betterI feel that Kaleb exploited my pain and didn't thoroughly explain to me the terms of the new purchase I was makingI bought a block of massage hours for $I wasn't presented with a contract, told that the purchase was related to an earlier contract or in any way informed that the purchase was non-refundable and legally bindingKaleb must have known that I didn't have a copy of the original contract since he says that I declined to take it on 8/Knowing this he should have explained the terms to me and offered me a copy at this time I tried to make appointments for follsessions right after buying themThe only openings in the coming weeks were either on Yom Kippur, the Sabbath or other Jewish holidays that occur during this time of yearI am an observant Jew and don't drive on Holy Days, so I couldn't do itI told Kaleb I would call back the next day when I was in front of my calendar to make appointmentsSo I didn't just "fail to make appointments"Again he is making inaccurate and misleading statements The morning after I bought the sessions in question I felt that it would be prudent for me to first seek a medical opinion for my pain before relying on massage therapyI immediately called SunDog and left a message to that effect and asked for a refund of the purchaseIn my message I said that I'd like an opportunity to consult with a doctor and if my doctor deems necessary I'd buy sessions at a later dateI still had pre-paid hours from 8/that I planned to useI believe that as a consumer I have a right to some reasonable amount of time to decide that I would like a refund for services that have not been performed and no expense has been incurred by the business in regards to the services (e.gtime spent, materials purchased, etc.) The doctor that I saw is a friend of mine who also happens to be an orthopedic surgeon specializing in sports injuries who works for TRIA OrthopedicI'm certain that my doctor is fully qualified to diagnose my conditionI never discussed with Kaleb what type of doctor I'd be seeing so "By her own admission, the "doctor" the client consulted is a personal friend who happens to be a general medicine practitioner" is a completely made up statementKaleb has no knowledge of what kind of tests or diagnostic measures were performed to assess my condition, his statement "little-knowledge of the difference in feel between healthy and avulsed soft tissue; nor did this GMP perform proper analysis or order an MRI to properly assess the health of the tissue" is and inaccurateI didn't get any extensive testing or an MRI at SunDog yet Kaleb is certain that his "diagnosis" is more accurate than a medical professional Kaleb has absolutely no knowledge of my water intake or anything else that I did following the massage sessionHis statement that my symptoms "indicate that she did not follow through with my recommendations", is again presumptive and inflammatoryMy current medical condition is not at all relevant to the facts of this disputeIf I choose to experience continuous pain or seek treatment elsewhere, that is my personal choiceHowever, my shoulder is better after a break from activities based on the advice of my doctor Kaleb's statement that I made "harassing multiple phone calls, texts, emails" is simply untrueI left message on Monday 9/asking for a refundI left a second message on 9/checking in about the refund since they didn't reply at all to my first messageNeither of the voicemails was remotely harassing in natureThe only time I ever emailed Kaleb is to reply to a hostile email from him on 10/about all of the extra fees and charges they planned to charge me following my dispute of the charges with AMEXKaleb's email stated that a copy of my contract was attached, but it was notMy only reply to his email was to state that I still didn't have a copy of the contract and to ask for a copyKaleb replied that he'd send me a copy, but never hasThe rest of the communications were via textMy texts have been deemed by Kaleb and his wife as harassing, but I disagreeThe texts were simply restating my position and asking for a refund In a text Kaleb's wife told me that they just started to have a contract because in the past clients would get massages and then dispute with their credit cards, essentially getting the services for freeShe said that because of this their business "has no operating capital"I don't have a business degree but I believe that any business needs operating capital in order to function properlyIt's very reasonable for a business to have measures in place to protect itself from being taken advantage of and to prevent loss of income for services performedHowever, in this case no services were performed and no expenses incurred by the businessTheir complete refusal to give me a refund that I asked for on the next day seems unreasonable, highly suspect and extremely unethicalThey could charge me a fee for canceling the "contract" or offer some type of reasonable compromise but they just flatly refuse and accuse me of harassment Based on what Kaleb writes about his family's financial situation it appears that he's implying that that they need my money more than I do "We can't even afford to eat out every once and a while, or pay a babysitter so we can go on a date, or even have date nights! No, live a very modest lifestyle and drive a busted up car so people who need our specialized services can afford them." Is the above statement really applicable in a Revdex.com dispute? Is their social life or financial situation as a couple pertinent to how they should run their business and treat their customers? $is a lot of money to pay for a service I don't need or want and it's a lot to give away to someoneBased on my interaction with the business I would never recommend them to anyoneI certainly wouldn't go back and have massages from themSo my family is out $(plus the $from the 8/purchase which I'm not trying to collect) while it literally wouldn't cost them anything to refund meHad they done it on the day after the purchase it would have been a simple reversal of the credit card chargeThey could have, as a good faith gesture, made the refund, knowing that I still had additionally paid for sessions and could have stayed a client and bought more sessions laterAnd again they could have charged me a fee or tried to work out an alternate arrangementThey did none of these things "We aren't bad peopleWe aren't malicious, or con-artistsWe are whole-hearted and compassionate people who care more about improving the lives of others than money and what it buys." If the above statement is true there should be no reason, "contract" or not, for them to refuse a refund for services I've never receivedI don't see their behavior as whole-hearted, compassionate or understandingThey are certainly not improving my Final Consumer Response / [redacted] (3000, 13, 2015/10/30) */ I was finally able to review the contract in question because the business provided it to AMEX in conjunction with my dispute The contract clearly states that: "In the event that either party wishes to terminate the agreement, that party will be required to provide a minimum day written notice to the other party." I believe that the business has repeatedly failed to provide me with a copy of the contract in order to keep this information from me and prevent me from canceling in writingInstead they tried to collect additional fees and charges from me and threatened me via email with "incurring additional monetary obligations." Final Business Response / [redacted] (4000, 15, 2015/11/02) */ I will not engage this client any further through your services as she has the Revdex.com, American Express, Gustrel Chargo, my merchant processor, herself and her friends impeding my business with a barrage of calls, texts, emails, and post Since all communications are solely seeking money which American Express is holding in trust, I will leave it to them to decide whether she or my company is entitled Make today a blessed dayNamaste, Kaleb "with a Kay"

Initial Business Response /* (1000, 8, 2015/10/15) */
We specialize in restoring injured soft tissues to full health so our clients can live long, healthy lives free of muscle pain, adverse nerve sensation and poor postural habits which may detract from their current or future happiness. We are...

happy to say that we have taken three post-diagnosis clients back to full health after they have been told that the only way is invasive surgery. While we inform every client that our scope of practice does not allow us to diagnose, the caveat is that we would not be good at what we do if we didn't combine passion for helping others with knowledge of how to do so and the experience we have in our specialized field within Complimentary and Alternative Medicine practices.
By her own admission, the "doctor" the client consulted is a personal friend who happens to be a general medicine practitioner with little-to-no knowledge of the difference in feel between healthy and avulsed soft tissue; nor did this GMP perform proper analysis or order an MRI to properly assess the health of the tissue.
Also, it should be noted that the admitted post-massage symptoms indicated in all three of the clients attempts to renegotiate her contract indicate that she did not follow through with my recommendations, chiefly, to increase water intake in an effort to remove excess mineral deposits and toxins from her extra cellular matrix and blood stream.
Regarding the contract, the client had ample time to review the contract prior to signing it and she declined to take her copy with her when she left the office. The contract terms clearly state "The Services will also include any other tasks which the Parties may agree on," as well as "the Service Provider will be entitled to the following additional compensation from the Client: (a) Any applicable duties... in connection with providing Service of this Agreement."
Prior to the termination of the Agreement, the client agreed to pay for a series of massages spaced 3-to-5 days apart, and then failed to actually make the appointments. This is the underlying reason for her refund request, however, our receipts clearly state that sales are non-refundable.
As we have pointed this out numerous times to the client, as well as offered to let her transfer the credited time to other individuals, we are left with no option but to stop responding to her harassing multiple phone calls, texts, emails, and other attempts to retrieve money she has obligated herself to paying.
As a health clinic with good intentions to improve the daily lives and future experiences of our clients, we have done nothing to scorn this woman, and we only stopped engaging with her when we exhausted our other options.
Unless she has sought the aid of another specialist, I am confident that she is either managing her symptoms with OTC medications or suffering on a near-daily basis. Torn tissues don't heal themselves without creating scar tissue. Scar tissue creates complications. Complications compound as life goes on.
I see countless individuals between roughly 40-years-old and 90-years-old who wish they had met me sooner because I can not only reverse soft tissue injury in dedicated individuals, but I can also help bodies be best prepared to endure physical stress and, thusly, prevent injuries (which is much less costly, btw.)
As the client stated, we are a small business, and we sought out the lowest possible overhead so we can offer affordable progressive therapies to people who may need as many as 10 massages per month in order to make a real effort towards improving their every day experience. As a result, we literally do not offer refunds because, if we did, we would have to charge every single client more money to pay for such refunds when they occur. This client admitted that she paid $30-per-hour for her massages. Do you honestly think we could afford to stay in business AND pay refunds at those rates? We can't even afford to eat out every once and a while, or pay a babysitter so we can go on a date, or even have date nights! No, live a very modest lifestyle and drive a busted up car so people who need our specialized services can afford them.
We aren't bad people. We aren't malicious, or con-artists. We are whole-hearted and compassionate people who care more about improving the lives of others than money and what it buys.
Thank you for your time, and namaste,
Kaleb "with a Kay"
Initial Consumer Rebuttal /* (3000, 10, 2015/10/22) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Kaleb's response is full of false and inflammatory statements. He is creating a sympathetic picture of himself while portraying me as unreasonable and harassing. This is not an accurate reflection of reality. My complaint is about the unethical conduct of this business and their unreasonable refusal to refund a client for services which were never performed.
On 8/23 I bought 3 hours of massage for a special rate of $30 per hour which was offered to me after a massages session bought by my husband through Amazon Deals. The price was determined by my ability to pay that rate and the businesses willingness to offer me 3 hours at that rate. At that time I was given paperwork that was alleged to be for the 3 hours and understood by me to be applicable to this special deal I was getting. I admit that I didn't thoroughly read the "contract", as I imagine many customers wouldn't, because this was a relatively small purchase. I can own up to the fact that I made a mistake by not being more thorough. Kaleb says that I "declined" to take a copy of the "contract" with me. I don't remember "declining" to take the contract, because I generally would take something like this with me. However, I know that I don't have a copy in my possession now. I have asked several times for the business to send me a copy and they never have.
It seems that the "contract" contains information I was not aware of. I've never heard of a "contract" that is applicable for future purchases. If the business has such an unusual and cryptic clause they should be proactive and ethical in disclosing this to clients who are making a larger purchase. Again, I haven't had any opportunity to review the "contract" since the business will not send me a copy despite my multiple requests.
On 9/20 I returned to use 1 of the 3 hours I bought on 8/23. I had an acute shoulder ache that Kaleb worked on for most of the session. I was in a lot of pain and desperate to feel better. I feel that Kaleb exploited my pain and didn't thoroughly explain to me the terms of the new purchase I was making. I bought a block of 10 massage hours for $514.92. I wasn't presented with a contract, told that the purchase was related to an earlier contract or in any way informed that the purchase was non-refundable and legally binding. Kaleb must have known that I didn't have a copy of the original contract since he says that I declined to take it on 8/23. Knowing this he should have explained the terms to me and offered me a copy at this time.
I tried to make appointments for follow-up sessions right after buying them. The only openings in the coming weeks were either on Yom Kippur, the Sabbath or other Jewish holidays that occur during this time of year. I am an observant Jew and don't drive on Holy Days, so I couldn't do it. I told Kaleb I would call back the next day when I was in front of my calendar to make appointments. So I didn't just "fail to make appointments". Again he is making inaccurate and misleading statements.
The morning after I bought the sessions in question I felt that it would be prudent for me to first seek a medical opinion for my pain before relying on massage therapy. I immediately called SunDog and left a message to that effect and asked for a refund of the purchase. In my message I said that I'd like an opportunity to consult with a doctor and if my doctor deems necessary I'd buy sessions at a later date. I still had 2 pre-paid hours from 8/23 that I planned to use. I believe that as a consumer I have a right to some reasonable amount of time to decide that I would like a refund for services that have not been performed and no expense has been incurred by the business in regards to the services (e.g. time spent, materials purchased, etc.).
The doctor that I saw is a friend of mine who also happens to be an orthopedic surgeon specializing in sports injuries who works for TRIA Orthopedic. I'm certain that my doctor is fully qualified to diagnose my condition. I never discussed with Kaleb what type of doctor I'd be seeing so "By her own admission, the "doctor" the client consulted is a personal friend who happens to be a general medicine practitioner" is a completely made up statement. Kaleb has no knowledge of what kind of tests or diagnostic measures were performed to assess my condition, his statement "little-to-no knowledge of the difference in feel between healthy and avulsed soft tissue; nor did this GMP perform proper analysis or order an MRI to properly assess the health of the tissue" is false and inaccurate. I didn't get any extensive testing or an MRI at SunDog yet Kaleb is certain that his "diagnosis" is more accurate than a medical professional.
Kaleb has absolutely no knowledge of my water intake or anything else that I did following the massage session. His statement that my symptoms "indicate that she did not follow through with my recommendations", is again presumptive and inflammatory. My current medical condition is not at all relevant to the facts of this dispute. If I choose to experience continuous pain or seek treatment elsewhere, that is my personal choice. However, my shoulder is better after a break from activities based on the advice of my doctor.
Kaleb's statement that I made "harassing multiple phone calls, texts, emails" is simply untrue. I left 1 message on Monday 9/21 asking for a refund. I left a second message on 9/25 checking in about the refund since they didn't reply at all to my first message. Neither of the voicemails was remotely harassing in nature. The only time I ever emailed Kaleb is to reply to a hostile email from him on 10/3 about all of the extra fees and charges they planned to charge me following my dispute of the charges with AMEX. Kaleb's email stated that a copy of my contract was attached, but it was not. My only reply to his email was to state that I still didn't have a copy of the contract and to ask for a copy. Kaleb replied that he'd send me a copy, but never has. The rest of the communications were via text. My texts have been deemed by Kaleb and his wife as harassing, but I disagree. The texts were simply restating my position and asking for a refund.
In a text Kaleb's wife told me that they just started to have a contract because in the past clients would get massages and then dispute with their credit cards, essentially getting the services for free. She said that because of this their business "has no operating capital". I don't have a business degree but I believe that any business needs operating capital in order to function properly. It's very reasonable for a business to have measures in place to protect itself from being taken advantage of and to prevent loss of income for services performed. However, in this case no services were performed and no expenses incurred by the business. Their complete refusal to give me a refund that I asked for on the next day seems unreasonable, highly suspect and extremely unethical. They could charge me a fee for canceling the "contract" or offer some type of reasonable compromise but they just flatly refuse and accuse me of harassment.
Based on what Kaleb writes about his family's financial situation it appears that he's implying that that they need my money more than I do.
"We can't even afford to eat out every once and a while, or pay a babysitter so we can go on a date, or even have date nights! No, live a very modest lifestyle and drive a busted up car so people who need our specialized services can afford them."
Is the above statement really applicable in a Revdex.com dispute? Is their social life or financial situation as a couple pertinent to how they should run their business and treat their customers?
$514.92 is a lot of money to pay for a service I don't need or want and it's a lot to give away to someone. Based on my interaction with the business I would never recommend them to anyone. I certainly wouldn't go back and have massages from them. So my family is out $514.92 (plus the $60 from the 8/23 purchase which I'm not trying to collect) while it literally wouldn't cost them anything to refund me. Had they done it on the day after the purchase it would have been a simple reversal of the credit card charge. They could have, as a good faith gesture, made the refund, knowing that I still had additionally paid for sessions and could have stayed a client and bought more sessions later. And again they could have charged me a fee or tried to work out an alternate arrangement. They did none of these things.
"We aren't bad people. We aren't malicious, or con-artists. We are whole-hearted and compassionate people who care more about improving the lives of others than money and what it buys."
If the above statement is true there should be no reason, "contract" or not, for them to refuse a refund for services I've never received. I don't see their behavior as whole-hearted, compassionate or understanding. They are certainly not improving my
Final Consumer Response /* (3000, 13, 2015/10/30) */
I was finally able to review the contract in question because the business provided it to AMEX in conjunction with my dispute.
The contract clearly states that:
"In the event that either party wishes to terminate the agreement, that party will be required to provide a minimum 60 day written notice to the other party."
I believe that the business has repeatedly failed to provide me with a copy of the contract in order to keep this information from me and prevent me from canceling in writing. Instead they tried to collect additional fees and charges from me and threatened me via email with "incurring additional monetary obligations."
Final Business Response /* (4000, 15, 2015/11/02) */
I will not engage this client any further through your services as she has the Revdex.com, American Express, Gustrel Chargo, my merchant processor, herself and her friends impeding my business with a barrage of calls, texts, emails, and post.
Since all communications are solely seeking money which American Express is holding in trust, I will leave it to them to decide whether she or my company is entitled.
Make today a blessed day. Namaste,
Kaleb "with a Kay"