PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 05/01/2017.

Acceptance of Terms

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Optimally Balanced Corp and our subsidiaries and affiliates (“Optimally Balanced™”), located in Boynton Beach FL, Florida, with the primary domain at https://optimallybalanced.com (the “Site”), and additional domains including but not limited to, optimallybalanced.net, optimallybalanced.shop, including any subdomains of any owned domain.  This TOS includes the use of any services, implied or not, that are provided directly by or through Optimally Balanced™, including but not limited to purchases, reading blogs or other information, viewing or attending live or recorded seminars, or any other services provided via in person, telephonic, online or from any device based applications, shall be defined below (“services”).

Description of Services Offered

Optimally Balanced™, is a health and wellness company which offers live and application, based coaching services, blogs, news and information and e-commerce. The various sites maintained by Optimally Balanced Corp and our subsidiaries and affiliates provide for the purchase, registration and use of the Optimally Balanced™ program and applications, access and use of blogs, surveys/questionnaire, news and information and e-commerce.

The Optimally Balanced™ program offers a variety of self-guided and coaching-based systems to help you modify your overall health. The Optimally Balanced™ mobile and web applications are designed to allow members to share usage and progress data with Optimally Balanced™ Coaches and other third parties and medical providers that are registered with Optimally Balanced™. Additionally, members can elect to allow Optimally Balanced™ Content Matter Specialist to periodically review their progress and various tracking data to provide individualized feedback and program adjustments. Registration and membership to any Optimally Balanced™ mobile and web application is separate from registration and membership of the general Optimally Balanced™ website, blogs, surveys/questionnaire, news and information and e-commerce.

Any and all visitors to our website(s) or application(s), despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. An individual may register on the Optimally Balanced™ website, through the process of creating an account, for the purpose of this TOS that user shall be considered a “member”.  Registration with the Optimally Balanced™ website does not constitute any implicit or implied access or use of any Optimally Balanced™ mobile and web applications.

The user and/or member acknowledges and agrees that the services provided and made available through our website(s) or application(s), which may include some mobile applications, and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Optimally Balanced™. At its discretion, Optimally Balanced™ may offer additional website services and/or products, or update, modify or revise any current content and services, and this Agreement shall apply to any and all additional services and/or products and any and all updated, modified or revised services unless otherwise stipulated.

Optimally Balanced™ does hereby reserve the right to cancel and cease offering any of the aforementioned services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Optimally Balanced™ shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our services and/or products. Your continued use of the services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided services immediately.

Furthermore, the user and/or member understands, acknowledges and agrees that the services offered shall be provided as is and that, as such, Optimally Balanced™ shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

Events and Services including but not limited to Group Classes, Support Groups and Lecture Series may have limited attendance. Seating is on a first come first served basis with priority seating reserved at the discretion of Optimally Balanced™. There is no guarantee that an event will be available at the time you sign up. Please check the event board or speak with a customer service representative if you have any questions. Access to any of these services or events is limited to active members only; any non-member attendance is at the discretion of Optimally Balanced™, sponsors or affiliates. Support Groups are limited in seating and the number of seats is determined by the Group Moderator and can vary from group to group.  Organization Group Memberships and certain unorganized groups may engage a Live Group Coaching Session or Private Group Classes. Live Group Coaching Sessions and Private Group Classes are restricted to those select members which are part of the private group only. Live Group Coaching Sessions and Private Group Classes are not considered Group Classes and do not qualify for generalized access under a membership program.

You can be banned by Optimally Balanced™, its sponsors or affiliates from attending any event, at any time, for any reason considered disruptive, abusive, vulgar, threatening or harassing, offensive or for any other reason deemed necessary. No written notice or reason is required or is necessary.

Electronic Communications

Visiting optimallybalanced.com or sending emails to Optimally Balanced™ constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Registration

To register and become a “member” of Optimally Balanced™, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual whom has been previously barred from receiving Optimally Balanced™’s services. When you register, Optimally Balanced™ may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with Optimally Balanced™ and sign into our services, you are no longer anonymous to us.

Furthermore, you, the registering party, hereby acknowledges, understands and agrees to:

1. Furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process;
2. Maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times;
3. assume responsibility for the security of your User Account, that is, you are solely responsible for your password and maintaining the confidentiality of your password; and
4. Not sub-license, transfer, sell, or assign your User Account, your Account Information and/or this Agreement to a third party without Optimally Balanced Corp’s written approval.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Optimally Balanced™ will have sufficient grounds and right to (1) suspend or terminate the member in violation of this aspect of the Agreement, and (2) refuse any and all current or future use of Optimally Balanced™ services, or any portion thereof.   Further, Optimally Balanced™ will not be held liable for any loss you may incur as a result of someone else using your User Account or password, either with or without your knowledge.

Privacy Policy

Every member’s registration data and various other personal information are strictly protected by the Optimally Balanced™ Online Privacy Policy (see the full Privacy Policy at https://optimallybalanced.com/privacy-policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Optimally Balanced™ and/or our subsidiaries and affiliates.

Your Account

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Optimally Balanced™ immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Optimally Balanced™ shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

Conduct

As a user or member Optimally Balanced™, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the express sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Optimally Balanced™ services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Optimally Balanced™.

Furthermore, you herein agree not to make use of Optimally Balanced Corp’s services for the purpose of:

1. Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
2. Causing harm to minors in any manner whatsoever;
3. impersonating any individual or entity, including, but not limited to, any Optimally Balanced™ officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
4. Forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
5. Uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
6. Uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
7. Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
8. Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
9. Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
10. Interfering with or disrupting any Optimally Balanced™ services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
11. Intentionally or unintentionally violating any local, state, federal, national or international law;
12. “Stalking” or with the intent to otherwise harass another individual; and/or
13. Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

Optimally Balanced™ herein reserves the right to pre-screen, refuse and/or delete any content currently available through our services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members. We reserve the right to immediate suspend a user account and/or terminate a user for any of the aforementioned conduct.

Further, Optimally Balanced™ herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

1. Compliance with any legal process;
2. Enforcement of the TOS;
3. Responding to any claim that therein contained content is in violation of the rights of any third party;
4. Responding to requests for customer service; or
5. Protecting the rights, property or the personal safety of Optimally Balanced™, its visitors, users and members, including the general public.

Optimally Balanced™ herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Optimally Balanced™ or any other content providers supplying content services to Optimally Balanced™. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our services, despite whether done so in whole or in part, is expressly prohibited.

Interstate Communication

Upon registration, you hereby acknowledge that by using https://optimallybalanced.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.

Cautions for Global Use and Export and Import Compliance

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

1. Are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
2. Agree not to transfer any software, technology or any other technical data through the use of our network services to any export-prohibited country;
3. Agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

Content Places or Made Available for Company Services

Optimally Balanced™ shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website services. Therefore, you hereby grant and allow Optimally Balanced™ the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

1. The content submitted or made available for inclusion on the publicly accessible areas of Optimally Balanced Corp’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Optimally Balanced Corp’s sites, and shall terminate at such time when you elect to discontinue your membership.
2. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Optimally Balanced Corp’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Optimally Balanced Corp’s sites and shall terminate at such time when you elect to discontinue your membership.
3. For any other content submitted or made available for inclusion on the publicly accessible areas of Optimally Balanced Corp’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

Contributions to Company Websites and Applications

Optimally Balanced™ provides areas for our users and members to contribute feedback. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

1. Your contributions do not contain any type of confidential or proprietary information;
2. Optimally Balanced™ shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
3. Optimally Balanced™ shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
4. your contributions shall automatically become the sole property of Optimally Balanced™; and
5. Optimally Balanced™ is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

Indemnity

All users and/or members herein agree to insure and hold Optimally Balanced™, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our services, the use of  Optimally Balanced™ services or your connection with these services, your violations of the Terms of Service and/or your violation of any such rights of another person.

Commercial Reuse of Services

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Optimally Balanced Corp’s sites.

Use and Storage General Practices

You herein acknowledge that Optimally Balanced™ may set up any such practices and/or limits regarding the use of our services, without limitation of the maximum number of days that any message, posting, logged food or fitness tracking, or any other uploaded content shall be retained by Optimally Balanced™, the maximum disk space allowable that shall be allocated on Optimally Balanced Corp’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our services in a given period of time.  In addition, you also agree that Optimally Balanced™ has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Optimally Balanced™ shall reserve the right to modify, alter and/or update these general practices and limits at our discretion. Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on Optimally Balanced Corp’s servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on Optimally Balanced™. It is your agreement to this TOS which establishes your consent to allow Optimally Balanced™ to store any and all communications on its servers.

Modifications

Optimally Balanced™ shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our services, or any part thereof.

Refunds and Exchanges

Limited 30-Day Return Policy and Limited Guarantee

Every product you buy from Optimally Balanced™ is backed first by the product manufacturer’s or supplier’s warranty. Optimally Balanced™’s 30-day limited guarantee may also apply. Optimally Balanced™’s 30-day limited guarantee provides for either exchange or refund of qualifying merchandise. To determine if the product you wish to purchase qualifies for Optimally Balanced™’s 30-day limited guarantee or if other coverage applies please review the coverage terms in the item listing on our website. Optimally Balanced™’s 30-day limited guarantee does not apply to software, supplements, food products, consumables, live classes, lectures, coaching and other services.

Purchases that do not qualify for Optimally Balanced™’s 30-day limited guarantee may still have a less extensive returns privileges and may be supported exclusively through the manufacturer’s or supplier’s warranty. Optimally Balanced™ reserves the right to refuse to refund or exchange any opened supplements, food products, consumables or any product that has been used. In the event that Optimally Balanced™ is unable to accept a return or exchange you still may be able to return or exchange opened supplements, food products and consumables or used merchandise directly to the manufacture.  Terms and conditions may vary by manufacturer, supplier or product. Optimally Balanced™ will assist customers whenever possible in gaining satisfaction with product manufacturers and suppliers. Please check the item listing for specific details regarding individual products coverage.

All returns require a Return Authorization number to be issued prior to being returned. Returned products must be in new condition, include original outer packaging, all disks, registration cards, inner packing materials and other accessories and be received within 30 days of the date shipped. We reserve the right to refuse for return or charge a restocking fee for damaged, incomplete or otherwise non-conforming returns. Returns will not be accepted without a Return Authorization number issued by Optimally Balanced™ or when the product manufactures or distributors return policies supersede ours.

Optimally Balanced™ Memberships and Services

All membership, service subscriptions, product subscriptions and other services from Optimally Balanced™ are offered on a subscription basis. Every subscription has a renewal period, the Subscription Period (“Subscription Period”) defines the time-period for which services are paid and is determined at the time of payment by the term length designated. The Subscription Period will be used for determining the period of time services will be provided. If you purchase a prorated subscription, purchasing less than the full time-period, the services offered will be prorated based on the number of prorated days purchased. The services offered are for that Subscription Period only and unused services, events, discounts, products or offers do not extend or “roll-over” to any subsequent Subscription Periods, this applies to automatic renewals, manual renewals and non-renewals or cancellations. Any unused services, events, discounts, products, offers, missed live sessions, group classes, lecture series or any other registered event are not refundable, cannot be made-up and cannot be refunded or exchanged for value. Single session services and one-time purchases are considered a non-renewable subscription.

All non-reoccurring purchases from Optimally Balanced™ are offered for the time period specified at the time of purchase, if no time and date is specified at the time of purchase the service must be scheduled within a period of 30 days from the time or purchase, unless otherwise stated. You are responsible for scheduling the sessions. Any unused services, discounts, products, offers, missed Live Coaching sessions, Group Classes, Lecture Series or any other registered event(s) or service(s) are not refundable, cannot be made-up and cannot be refunded or exchanged for value.

If any event or service is offered as an included service with any membership:

1. The inclusion is only offered depending on availability;
2. If none of the offered Services or Events, of any type, are available during the paid Subscription period Optimally Balanced™, at its discretion, may offer a “rain-check” allowing for future redemption of said offered service;
3. If Live Coaching sessions are offered as an included service with any membership, each Live Coaching session is limited to a maximum of a 15-minute session, on topics at the discretion of Optimally Balanced™, unless otherwise specified.
4. You are responsible for scheduling any included of free sessions.
5. Unused sessions or missed sessions are not refundable and cannot be made-up or carried over.
6. The sessions cannot be refunded or exchanged for value or combined with any other offers.

Subscription and Service Cancellations.

In the event the subscription is cancelled by you:

1. You will not incur a cancellation fee provided your account was in good standing at the time of cancellation by you;
2. Your account will continue to remain active for any remaining service period you have already purchased;
3. Optimally Balanced™, will not provide refunds for any prorated periods, missed sessions, events or service purchased.

In the event the subscription is cancelled by Optimally Balanced™:

1. Your account will be immediately suspended;
2. Optimally Balanced™, will not provide refunds for any prorated periods, remaining sessions, events or service purchased.
3. If your account is terminated for any reason other than inactivity, non-payment or unexpected technical issues, Optimally Balanced™, at its discretion may charge the assessment of a cancellation fee;
4. the cancellation fee will not exceed the greater of the total of all cost incurred by Optimally Balanced™ from the reason(s) that necessitated the account termination or two times the total outstanding balance at the time of termination;

Termination

As a member of Optimally Balanced™, you may cancel or terminate your account, associated email address and/or access to our services by submitting a cancellation or termination request to member.services@optimallybalanced.com. As a member, you agree that Optimally Balanced™ may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, and access to any of our services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

1. Any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
2. By way of requests from law enforcement or any other governmental agencies;
3. the discontinuance, alteration and/or material modification to our services, or any part thereof;
4. Unexpected technical or security issues and/or problems;
5. Any extended periods of inactivity;
6. Any engagement by you in any fraudulent or illegal activities; and/or
7. The nonpayment of any associated fees that may be owed by you in connection with your Optimally Balanced™ account services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our services.

The termination of your account with Optimally Balanced™ shall include any and/or all of the following:

1. The removal of any access to all or part of the services offered;
2. The deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
3. The barring of any further use of all or part of our services.

Advertisers

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our services, which may include the payment and/or delivery of such related goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Optimally Balanced™ shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

Links to Third Party Sites/Third Party Services

Either Optimally Balanced™ or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Optimally Balanced™ shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.

Optimally Balanced™ web sites or any third-party sites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Optimally Balanced™ and Optimally Balanced™ is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Optimally Balanced™ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Optimally Balanced™ of the site or any association with its operators.

Certain services made available via optimallybalanced.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the optimallybalanced.com domain, you hereby acknowledge and consent that Optimally Balanced™ may share such information and data with any third party with whom Optimally Balanced™ has a contractual relationship to provide the requested product, service or functionality on behalf of optimallybalanced.com users and customers.

 No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use optimallybalanced.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Optimally Balanced™ that 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 which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Optimally Balanced™ or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Optimally Balanced™ content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Optimally Balanced™ and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Optimally Balanced™ or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Optimally Balanced™ has no obligation to monitor the Communication Services. However, Optimally Balanced™ reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Optimally Balanced™ reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Optimally Balanced™ reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Optimally Balanced™’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Optimally Balanced™ does not control or endorse the content, messages or information found in any Communication Service and, therefore, Optimally Balanced™ specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Optimally Balanced™ spokespersons, and their views do not necessarily reflect those of Optimally Balanced™.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to optimallybalanced.com or Posted on Any Optimally Balanced™ Web Page

Optimally Balanced™ does not claim ownership of the materials you provide to optimallybalanced.com (including feedback and suggestions) or post, upload, input or submit to any Optimally Balanced™ Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Optimally Balanced™, our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Optimally Balanced™ is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Optimally Balanced™’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Optimally Balanced™ account to third party accounts. By connecting your Optimally Balanced™ account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Optimally Balanced™ from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Optimally Balanced™ Content accessed through optimallybalanced.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Optimally Balanced™, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Optimally Balanced™ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Optimally Balanced™ in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Optimally Balanced™ agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OPTIMALLY BALANCED CORP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

OPTIMALLY BALANCED CORP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. OPTIMALLY BALANCED CORP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPTIMALLY BALANCED CORP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OPTIMALLY BALANCED CORP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Optimally Balanced™ reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Optimally Balanced™ as a result of this agreement or use of the Site. Optimally Balanced™’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Optimally Balanced™’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Optimally Balanced™ with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Optimally Balanced™ with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Optimally Balanced™ with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Optimally Balanced™ reserves the right, in its sole discretion, to change the Terms under which optimallybalanced.com is offered. The most current version of the Terms will supersede all previous versions. Optimally Balanced™ encourages you to periodically review the Terms to stay informed of our updates.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

1. THE USE OF OPTIMALLY BALANCED™ SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. OPTIMALLY BALANCED™ AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. OPTIMALLY BALANCED™ AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) OPTIMALLY BALANCED™ SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) OPTIMALLY BALANCED™ SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE OPTIMALLY BALANCED™ SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF OPTIMALLY BALANCED™ SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
4. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM OPTIMALLY BALANCED™ OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. REGARDLESS OF ANY PERCEIVED SCIENTIFIC MERIT, THE PRODUCTS, INFORMATION, SERVICES AND OTHER CONTENT PROVIDED ON AND THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS, INFORMATION, SERVICES AND OTHER CONTENT PROVIDED ON ANY 3RD PARTY WEBSITES, ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR CONDITION, BUT RATHER TO PROMOTE GENERAL WELL-BEING. THE SERVICES AND PRODUCTS OFFERED THROUGH THE WEBSITE HAVE NOT NECESSARILY BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION OR ANY OTHER REGULATORY AGENCY.WE ADVISE USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN CANADA OR THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.
5. LIKEWISE, REGARDLESS OF ANY PERCEIVED SCIENTIFIC MERIT, THE PRODUCTS, INFORMATION, SERVICES AND OTHER CONTENT PROVIDED ON AND THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS, INFORMATION, SERVICES AND OTHER CONTENT PROVIDED ON ANY 3RD PARTY WEBSITES, ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY MENTAL HEALTH DISEASE OR CONDITION, BUT RATHER TO PROMOTE GENERAL WELL-BEING. THE SERVICES AND PRODUCTS OFFERED THROUGH THE WEBSITE HAVE NOT NECESSARILY BEEN EVALUATED BY THE AMERICAN PSYCHOLOGICAL ASSOCIATION OR ANY OTHER REGULATORY AGENCY.WE ADVISE USERS TO ALWAYS SEEK THE ADVICE OF A PSYCHOLOGIST OR PSYCHIATRIST OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL MENTAL HEALTH OR PSYCHIATRIC CONDITIONS. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE. IF YOU HAVE OR SUSPECT THAT YOU HAVE SUICIDAL OR HOMICIDAL THOUGHTS, ACTIONS OR FEELINGS, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN CANADA OR THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE. THE MENTALITY PORTION OF OUR SERVICES IS EXPLICITLY A COACHING SERVICE.  MENTAL HEALTH COUNSELING, PSYCHOTHERAPY, PSYCHIATRIC SERVICES ARE NOT PROVIDED THROUGH OPTIMALLY BALANCED™.  THE MIND PORTION OF THE BLOGS, WEBSITE, CHATS, ONE-ON-ONE COUNSELING, GROUP CLASSES, EMAILS AND ANY OTHER COMMUNICATIONS VIA OPTIMALLY BALANCED ™ IS INTENDED AS EDUCATIONAL IN NATURE AND DOES NOT CONSTITUTE THERAPY NOR A THERAPIST-PATIENT RELATIONSHIP.
6. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT OPTIMALLY BALANCED™AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

1. THE USE OR INABILITY TO USE OUR SERVICE;
2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
5. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

FURTHER, WHILE EVERY SAFETY PRECAUTION WILL BE TAKEN TO SECURE THE DATA WITHIN OUR CHATS AND GROUP FORMATS, AND THESE FORMATS ARE ONLY FOR CERTAIN LEVELS OF MEMBERSHIP, THEY ARE STILL OPEN FORUMS.  BE MINDFUL OF INFORMATION SHARED IN THESE FORUMS AS OPTIMALLY BALANCED™ CANNOT BE HELD RESPONSIBLE FOR THE ACTIONS OF OTHER CLIENTS.

Release

In the event you have a dispute, you agree to release Optimally Balanced™ (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Third Party Beneficiaries

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

Notice

Optimally Balanced™ may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our services in an authorized manner.

Trademark Information

You herein acknowledge, understand and agree that all of the Optimally Balanced™ trademarks, copyright, trade name, service marks, and other Optimally Balanced™ logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Optimally Balanced™. You herein agree not to display and/or use in any manner the Optimally Balanced™ logo or marks without obtaining Optimally Balance Corp’s prior written consent.

Closed Captioning

BE IT KNOWN, that Optimally Balanced™ complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit https://www.fcc.gov/consumers/guides/captioning-internet-video-programming.

GENERAL INFORMATION:

General Information:

Entire Agreement

This TOS constitutes the entire agreement between you and Optimally Balanced™ and shall govern the use of our services, superseding any prior version of this TOS between you and us with respect to Optimally Balanced™ services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Optimally Balanced™ services, affiliate services, third-party content or third-party software.

Choice of Law and Forum

It is at the mutual agreement of both you and Optimally Balanced™ with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Florida without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Optimally Balanced™, shall be filed within the courts having jurisdiction within the County of Palm Beach, Florida or the U.S. District Court located in said state. You and Optimally Balanced™ agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms

At any time, should Optimally Balanced™ fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship Non-Transferability

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.

Statute of Limitations

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our services or the TOS must be filed within 5 year(s) after said claim or cause of action arose or shall be forever barred.

Amendments to this Agreement

From time to time, Optimally Balanced™ may amend these Terms. An example of such an amendment is the inclusion of additional terms of usage that apply to either specific parts of the Website or the Website in its entirety. Continued access of the Website by you will constitute your acceptance of any changes or revisions made to this agreement.

Warnings

Consult your physician, assess your fitness levels, and follow all safety instructions before beginning this or any exercise program and nutrition plan. The Optimally Balanced™ program you are about to begin can be a physically demanding and high-intensity exercise program. It is extremely important that you listen to your body, use common sense, take breaks, and hydrate as needed to avoid injury and help prevent serious medical conditions, such as rhabdomyolysis, a rare but potentially lethal threat impacting people who have not let their muscles adapt to difficult workouts. Only you can know if you are in sufficient physical condition to safely perform this exercise program and follow the nutrition plan. If at any time you feel you are exercising beyond your current fitness abilities, or you feel any discomfort, pain, dizziness, or nausea, you should discontinue exercise immediately and reconsider your use of the program or the particular exercise routine. Certain programs utilize resistance bands, pull up bars, stability balls, sliding discs, weights and other equipment which, if not used correctly, could lead to serious injury. For your safety, you must use any equipment shown in the workouts only as demonstrated, inspect any equipment prior to each use and refrain from using any equipment that appears damaged, worn or defective. For any equipment that requires hanging or attaching, always use a secure, proper, and stable anchor. For exercise moves that require wrapping exercise bands around your body, make sure the bands are firmly secure to prevent slipping and injury to yourself or anyone else. Always exercise caution during use to make sure you do not lose your grip or control, such as making sure your hands are not wet or sweaty. When performing jumping or other exercises using a workout bench, make sure your bench is stable, strong enough to hold your weight and does not move. If you do not think you can safely perform exercises with your bench, or you do not have a proper bench, you should use the modifier exercises to stay safe without the bench. Do not substitute any other equipment for a proper workout bench. Improper form or use of equipment can cause serious and permanent injury. Always make sure your exercise area is clear of any obstacles, including pets, children, other people, or equipment not currently in use. If you have any unique or special medical conditions, such as if you’re pregnant, or if you have a history of knee, ankle, shoulder or spinal (back or neck) problems, you must consult with a competent and reliable physician to understand all risks, contraindications and complications of using this program, and receive authorization from them before beginning. Failure to do so could result in significant injury to you and others (including, if applicable, your unborn child). By using this program, you assume all dangers, hazards and risks of injury in the use of this program. Optimally Balanced™ offers many fitness alternatives if you are prone to or have a history of injuries or are not ready for a physically demanding workout and nutrition plan. Accordingly, to the extent permitted by law, Optimally Balanced™, will not be liable to any person or entity for any damage or loss caused or alleged to be caused directly or indirectly by any workouts, nutrition plan, mind coaching, advice or any other Optimally Balanced™ content.

Violations

Please report any and all violations of this TOS to Optimally Balanced™ as follows:
6615 West Boynton Beach Blvd
Suite 176
Boynton Beach, FL 33437
Email: webmaster@optimallybalanced.com

INTERPRETATION All references in this agreement to “Optimally Balanced™”, “we”, “us”, “our” and like terms should be interpreted accordingly.  The insertion of headings is for convenience of reference only and shall not affect the construction or interpretation of this Agreement.