TERMS OF SERVICE AGREEMENT
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
DESCRIPTION OF WEBSITE SERVICES OFFERED
OPTIMALLY BALANCED, is a health and wellness company which offers services targeting the three Pillars of fitness, nutrition and mind factors. Our system offers a variety of coaching-based programs to help you modify your overall health by addressing aspects in all three of the Pillars.
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. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.”
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.
Group Classes, Support Groups and Lecture Series may have limited attendance. Seating is on a first come first served basis with priority seating reserved for Premier and Ultimate Members. 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 anytime, 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.
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:
- furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process;
- maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times;
- 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
- not sub-license, transfer, sell, or assign your User Account, your Account Information and/or this Agreement to a third party without OPTIMALLY BALANCED’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.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
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’s Services for the purpose of:
- 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;
- causing harm to minors in any manner whatsoever;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- intentionally or unintentionally violating any local, state, federal, national or international law;
- “stalking” or with the intent to otherwise harass another individual; and/or
- 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:
- compliance with any legal process;
- enforcement of the TOS;
- responding to any claim that therein contained content is in violation of the rights of any third party;
- responding to requests for customer service; or
- 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.
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:
- 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;
- agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
- 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 PLACED 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:
- The content submitted or made available for inclusion on the publicly accessible areas of OPTIMALLY BALANCED’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’s sites, and shall terminate at such time when you elect to discontinue your membership.
- Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of OPTIMALLY BALANCED’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’s sites and shall terminate at such time when you elect to discontinue your membership.
- For any other content submitted or made available for inclusion on the publicly accessible areas of OPTIMALLY BALANCED’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:
- your contributions do not contain any type of confidential or proprietary information;
- OPTIMALLY BALANCED shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
- OPTIMALLY BALANCED shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
- your contributions shall automatically become the sole property of OPTIMALLY BALANCED; and
- OPTIMALLY BALANCED is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
COMMERCIAL REUSE OF SERVICES
USE AND STORAGE GENERAL PRACTICES
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 firstname.lastname@example.org.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:
- any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended periods of inactivity;
- any engagement by you in any fraudulent or illegal activities; and/or
- 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:
- the removal of any access to all or part of the Services offered;
- 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
- the barring of any further use of all or part of our Services.
REFUNDS AND EXCHANGES
All membership, service subscriptions, product subscriptions and single session 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 cancelations. Any unused services, events, discounts, products, offers, missed Live Coaching 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 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 withing 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 Live Coaching, Live Group Classes, Lecture Series or any other Event or Service is offered as an included service with any membership:
- The inclusion is only offered depending on availability;
- 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;
- 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, covering all three pillars or in any specific pillar, unless otherwise specified;
- You are responsible for scheduling the sessions;
- Unused sessions or missed sessions are not refundable and cannot be made-up or carried over;
- The sessions cannot be refunded or exchanged for value.
Subscription and Service Cancellations.
- Should your subscription be cancelled by you:
- you will not incur a cancellation fee provided your account was in good standing at the time of cancelation by you;
- your account will continue to remain active for any remaining service period you have already purchased;
- OPTIMALLY BALANCED, will not provide refunds for any prorated periods, missed sessions, events or service purchased.
Should your subscription be cancelled by OPTIMALLY BALANCED:
- your account will be immediately suspended;
- OPTIMALLY BALANCED, will not provide refunds for any prorated periods, remaining sessions, events or service purchased.
- 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;
- 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;
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- 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.
- 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.
- 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.
- 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 WELLBEING. 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.
- 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 WELLBEING. 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 HOMICIAL 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 MIND 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 INTENTED AS EDUCATIONAL IN NATURE AND DOES NOT CONSTITUTE THERAPY NOR A THERAPIST-PATIENT RELATIONSHIP.
- 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:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- 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.
EXCLUSION AND LIMITATIONS
THIRD PARTY BENEFICIARIES
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.
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.
6615 West Boynton Beach Blvd
Boynton Beach, FL 33437
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.