Disclaimers

1.    GENERAL DISCLAIMERS

1.1.  By accessing, viewing, listening to, reading, or sharing any information, materials or media from Optimally Balanced Corp (also referred to as “Optimally Balanced™” or “Optimally Balanced”), including but not limited to: websites, blogs, videos, social media, applications, emails, programs, services, or products (herein described as “Optimally Balanced Content”); you implicitly agree to all parts of this disclaimer. Your accessing or use of any Optimally Balanced Content in any manner whatsoever is considered as your implicit acceptance to being bound by the terms and conditions without limitation or qualification. You represent that you have read and agreed to the terms and conditions.

1.2.  You represent that you have read, agree to and consent to the Privacy Policy and Terms of Use.

1.3.  Optimally Balanced Corp DISCLAIMS LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES and assumes no responsibility or liability for any loss or damage suffered by any person as a result of following or misusing any of the information or content of Optimally Balanced Content. Optimally Balanced™ assumes or undertakes NO LIABILITY for any loss or damage suffered as a result of the use or misuse of any information or content or any reliance thereon.

1.4.  You must be at least 18 years of age to access Optimally Balanced Content without adult supervision. To access and use any Optimally Balanced Content, you warrant that you are at least 18 years old or have obtained parental permission and supervision.

1.5.  We will not be held responsible in any way for the information that you request or receive through Optimally Balanced Content. In no event will we be liable to any party for any direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on Optimally Balanced Content, including, without limitation, any lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information or any other loss, malady, disease or difficulty, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

1.6.  Reference or links in this website or other Optimally Balanced Content to any other business or entity’s information, opinions, advice, programs, services, or products do not constitute our endorsement or recommendation. We are not responsible for the contents of any off-site web pages, companies or persons linked or referenced in this site.

1.7.  Any application of the recommendations set forth in Optimally Balanced Content, or in any personal consultation by phone, email, in-person, or otherwise, is at the user’s discretion and sole risk.

1.8.  You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of Optimally Balanced Content, or your violation of these terms and conditions.

2.    MEDICAL DISCLAIMERS

2.1.  Optimally Balanced™ strongly recommends that you consult with your physician before beginning any exercise program. You should be in good physical condition and be able to participate in the exercise. Optimally Balanced™ is not a licensed medical care facility and neither Optimally Balanced™ or any representative, whether they are a licensed medical provider or not, in no way whatsoever are diagnosing, examining, or treating medical conditions of any kind, or determining the effect of any medical condition.

2.2.  You should understand that when participating in any fitness, nutrition or mentality program, there is the possibility of injury. If you engage in this program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Optimally Balanced™ from any and all claims or causes of action, known or unknown, arising from anything related to Optimally Balanced™ or Optimally Balanced Content.

2.3.  The Optimally Balanced Content is provided for educational and informational purposes only and is not intended as medical advice. The Optimally Balanced Content should not be used to diagnose or treat any illness. All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions.

2.4.  This information has not been evaluated by the FDA and is not intended to treat, diagnose, cure or prevent any disease, metabolic disorder or health problems. We cannot and do not give you medical advice. You should seek prompt medical care for any specific health issues and consult your physician before purchasing any product(s) or staring any program. We do not recommend the self-management of health problems. Information obtained by using our services is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.

2.5.  The employees and/or affiliates of Optimally Balanced Corp are either not doctors or (individuals that are licensed medical professionals) are not serving in the capacity of a doctor. Under no circumstance is any member or affiliate of Optimally Balanced Corp providing advice or treatment and in no way are you being treated as a patient. The advice the authors and/or coaches provide herein, is based on years of practical application, research, training, dealing with the needs of their own health and wellness as well as the needs of others. Any recommendations the authors and/or coaches may make to you including but not limited to nutrition, supplements, herbs, general diet, physical fitness, exercise routines or programs, mental health or mentality exercises must be discussed between you and your doctor(s).

2.6.  The information provided is not intended to be a substitute for professional medical advice, diagnosis or treatment. Never disregard professional medical advice, or delay in seeking it, because of something you have read on this website. Never rely on information on Optimally Balanced Content in place of seeking professional medical advice.

2.7.  The information provided is not intended as or as a substitute for individual counseling, therapy or other mental health services. The Mentality portion of the Optimally Balanced Content is advice and or coaching, should any symptoms of any mental health concerns arise, the user is asked to contact a mental health professional immediately. Never disregard professional mental health advice, or delay in seeking it, because of something you have read on this website. Never rely on information on Optimally Balanced Content in place of seeking professional mental health advice.

2.8.  Similarly, employees and/or affiliates of Optimally Balanced Corp may discuss mentality and recommended mentality exercises, but this does not constitute a patient-therapist relationship.

2.9.  Optimally Balanced Content including optimallybalanced.com is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through this site. You are encouraged to consult with your doctor with regard to this information contained on or through this website. After reading articles, watching videos or reading other content from this website, you are encouraged to review the information carefully with your professional healthcare provider.

3.    PERSONAL DISCLAIMERS

3.1.  The information contained within Optimally Balanced Content is for educational and informational purposes only and is made available to you as self-help tools for your own use. While we draw on our prior professional expertise and background in many areas, you acknowledge that we are supporting you in our roles exclusively as coaches only. We provide information concerning, but not limited to, fitness, nutrition and mentality.

3.2.  Most of the Optimally Balanced™ representatives are not medical health practitioners or mental health providers and we are not holding ourselves out to be in any capacity. While some of the employees and/or affiliates of Optimally Balanced Corp may be professionally medical health practitioners or mental health providers as an organization none of the employees and/or affiliates are serving in such capacity. Rather, we serve as subject matter experts, content providers, coaches, mentors and/or guides who help you reach your own health and wellness goals.

3.3.  We aim to accurately represent the information provided within Optimally Balanced Content. You are acknowledging that you are participating voluntarily in using our website or blog or in any of our e-mails, programs, services, and/or products, and you alone are solely and personally responsible for your results. You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (born and unborn, as applicable), and all decisions now or in the future.

3.4.  In the event that you use the information provided through Optimally Balanced Content, we assume no responsibility.

3.5.  Every effort is made to ensure the accuracy of published information of Optimally Balanced Content; however, the information may inadvertently contain inaccuracies or typographical errors. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of research and studies available the current information is constantly evolving and can at times be contradictory to previous findings additionally the efficacy of such findings can subjective or contestable, as such we cannot be held responsible for the accuracy or presumed inaccuracy of our content.

4.    RESULTS DISCLAIMERS

4.1.  We make every effort to ensure that we accurately represent these products and services and their potential for results. There is no guarantee that you will experience the same results and you accept all associated risk. Fitness, fat loss and generalized health and wellness results differ by individual, participation, adherence as well as genetic and environmental factors.

4.2.  We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual. The testimonials and examples provided are exceptional results, which do not apply to the average person, and are not intended to represent or guarantee that anyone will achieve the same or similar results.

4.3.  Each individual’s health, fitness, mentality, and nutrition success will depend on his or her background, dedication, desire, and motivation. As with any health-related program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment.

4.4.  There is no assurance that examples of past results can be duplicated in the future. We cannot guarantee your future results and/or success. Nor can we guarantee that you maintain the results you experience if you do not continue following the program. We are not responsible for your actions.

4.5.  The use of our information, products and services should be based on your own due diligence and you agree that our company is not liable for any success or failure of your physique that is directly or indirectly related to the purchase and use of our information, products and services.

4.6.  We present real world experiences and insights on other people’s experiences for purposes of illustration only.

4.7.  The testimonials, examples, and photos of results are not intended to represent or guarantee that any current or future client will achieve the same or similar results.

5.    TESTIMONIAL DISCLAIMER

In accordance with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:

5.1.    Testimonials appearing on this website are received in various forms via a variety of submission methods. The reviews, comments and testimonials reflect the experiences and opinions of the individual about our services and/or products. Reviews, comments and/or testimonials are typically provided from the real-life use of our products and/or services. All reviews, comments and testimonials reflect are the opinion of the individual and Optimally Balanced Corp does not guarantee the validity, accuracy of the individuals’ statements. The reviews, comments and testimonials may be provided by individuals that have not explicitly said product or service and are providing their opinion solely based on some other evaluative measures. Optimally Balanced Corp will attempt to identify the reviews, comments and testimonials that are not based on actual use. However, in some situations it is impossible to accurately determine if the individual has used the service or product or if they are merely providing an opinion. As such the reader should assume any review, comment and/or testimonial could be based on an opinion that may not be based on actual use Individual results will vary.

5.2.    We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other consumer might experience. Testimonials, reviews and comments are not necessarily representative of what anyone else using our products, applications or services may experience. As many of our employees and affiliates also use the Optimally Balanced™ program it is possible that the people giving testimonials, reviews and comments on this website may be employees, stakeholders, affiliated with Optimally Balanced Corp. Additionally people giving testimonials, reviews and comments on this website may or have been compensated, with free memberships, services, products or discounts for the use of their experiences.

5.3.    The testimonials displayed are given verbatim except for grammatical or typing error corrections. Some testimonials may have been edited for clarity or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. Optimally Balanced Corp is not responsible for the opinions or comments posted on this website, and does not necessarily share the opinions, views or commentary of postings on this website. All opinions expressed are strictly the views of the poster or reviewer. All testimonials are reviewed for authenticity before they are posted for public viewing.

5.4.    Testimonials on this website are not intended, nor should they be construed, as claims that the products or services mentioned can be used to diagnose, treat, cure, mitigate or prevent any disease. To the contrary, our products are not intended to diagnose, treat, cure, or prevent any disease. No testimonial has been clinically proven or evaluated, and no medical claims whatsoever were made and no statements on this website have been evaluated by the FDA.

5.5.    In order to maintain privacy and anonymity the images associated with testimonials on this website are, unless otherwise stated, stock photography models (Models) and are not of the actual individual(s) or members.

6.    FITNESS AND EXERCISE DISCLAIMER

6.1.  You acknowledge that you are aware of the potential risks connected with activity in any exercise, physical fitness or training program. Furthermore, prior to engaging in any activity, exercise, physical fitness or training program you have made an informed decision as to whether or not you should participate in these types of activities.

6.2.  DISCLAIMER OF LIABILITY. Injuries of all types can occur when participating in exercise, physical fitness and training programs, hence Optimally Balanced™ strongly encourages all members to obtain a comprehensive physical examination by a licensed physician PRIOR to undertaking any exercise or training demonstrated within Optimally Balanced Content, you fully assume the risk of any resulting injury. Such injuries include but are not limited to: bruising, cuts and general soreness, muscle and tendon injuries, ligament and skeletal injuries, fractured or broken bones, concussions, heart attack.

6.3.  Optimally Balanced Corp DISCLAIMS ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY LOSS, INJURY OR DAMAGE SUFFERED BY ANY PERSON AS A RESULT OF THE USE OR MISUSE OF ANY INFORMATION, VIDEOS, AUDIO OR TRAINING MANUALS MADE AVAILABLE ON THIS WEBSITE.

6.4.  In consideration of performing or participating in these types of activities, you hereby agree to indemnify and hold harmless Optimally Balanced™ and its officers, directors, shareholders, members, employees, and agents, and their respective successors and assigns, against any loss, liability, damage, cause of action, cost, or expense of any nature whatsoever, including without limitation reasonable attorneys’ fees and other legal costs.

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