Legal Terms and Conditions

Your Acceptance of these Legal Terms and Conditions; Restrictions on Use

These Legal Terms and Conditions of Use (the “Terms and Conditions”) set forth herein are legally binding terms and restrictions on your use of the fitbalancedlife.com website and all of the content, applications, products and services offered from time to time by, on or through the fitbalancedlife.com website (collectively the website and all of its content, applications, products and services offered from time to time, including any content, materials, products or services which are delivered to you via email or other form of delivery, are referred to herein as the “Website”).  By ACCESSING, VISITING AND/OR using the Website and regardless of whether you have registered for an account, you agree to be legally bound by these Terms and Conditions, the Balanced Life.Com Privacy Policy, the Balanced Life.Com Waiver and Release of Liability (as applicable) and any other policy which is contained on the Website, each of WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS, VISIT OR USE THE WEBSITE. In addition to complying with these Terms and Conditions, you agree to comply with any and all applicable laws with respect to your use of the Website.

By ACCESSING, VISITING AND/OR using the Website, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Eligibility

Use, access and/or visiting of the Website is void where prohibited by law. By using, accessing and/or visiting the Website, you are representing and warranting to fitbalancedlife.com and its owner and operator Balanced Life.Com, LLC (“Balanced Life.Com”), that you are 13 years of age or older and if you are under the age of 18 that you are an emancipated minor, or possess legal parental or guardian consent and that you are fully able and competent to enter into and abide by these Terms and Conditions. IF YOU ARE UNDER THE AGE OF 13 DO NOT USE AND/OR VISIT THE WEBSITE OR USE ITS PRODUCTS, SERVICES, OR CONTENT.

Your Limited License to Use the Website

Balanced Life.Com grants to you a revocable, non-exclusive, non-transferable, non-sub licensable license to use the Website in accordance with these Terms and Conditions. You may only use the Website for the permitted uses described herein. All other rights in and to the Website, including, without limitation, all copyright, trademark, service mark and other intellectual property rights, including any goodwill associated therewith, are retained by Balanced Life.Com and its affiliates and licensors.

 

Upon payment of the appropriate fees as charged by Balanced Life.Com for its products and services from time to time, Balanced Life.Com grants to you a revocable, non-exclusive, non-transferable, non-sub licensable license to use the products and services offered from time to time at its Website or delivered to you via email or other form of delivery (collectively the “Products”) for your use in accordance with these Terms and Conditions.

 

Your Responsibility for Account

In the event, you register and create and account, you acknowledge and agree that you will be responsible for each and every access or use of the Website or Products with your account, and that Balanced Life.Com is authorized to accept your account as conclusive evidence that you wish to use the Website and Products. Balanced Life.Com shall have no liability or responsibility to monitor the use of your account.

 

No Warranties; Assumption of Risk; Indemnification; Limitation of Liability

This Website is provided by Balanced Life.Com (or its affiliates, partners and licensors) on an “as is” basis. Balanced Life.Com makes no representations or warranties of any kind, express or implied, as to the WEBSITE, products, the operation of the website or the results obtained through use of the website, products, or any portion thereof. Balanced Life.Com disclaims all warranties, express or implied or any kind. BALANCED LIFE.COM MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE WITH RESPECT TO THIRD PARTY PRODUCTS OR SERVICES. Balanced Life.Com, its owners, members, managers, officers, employees, licensors, vendors, suppliers, independent contractors, successors, and assigns (the “Balanced Life.Com Parties”), will not be liable for any damages or injuries of any kind caused by any use, failure of performance, error, and/or omission arising from the use of the Website or any Products.

You agree that your use of the Website and Products is at your sole risk. Consult your physician before beginning any exercise, weight training or nutritional program. Children under the age of 13 should not use any Products or participate in any Balanced Life.Com program. You should be healthy, and at least 13 years old before attempting any weight training workout. Always warm-up and stretch properly before beginning all workouts. For safety purposes when weight training, use a spotter when necessary and never attempt a maximum lift alone. Balanced Life.Com is not responsible for any injury that may result from improper use of the Website, Products or its training programs or materials.

You agree to indemnify, defend and hold harmless the Balanced Life.Com Parties, against any and all losses, expenses, damages and costs (including attorney’s fees) resulting from or related to (i) any breach or violation of these Terms and Conditions, (ii) any activity related to your account by you or any other person accessing this Website or the Products using your account or other access through you or (iii) your general use of the Website, Products or any of our programs. Your indemnification obligations will survive termination of your account for any reason.

The Balanced Life.Com Parties shall not be liable to you or any other person for any indirect, incidental, special, or consequential damages whatsoever THAT YOU OR ANY OTHER PERSON SUFFERS OR INCURS, even if the BALANCED LIFE.COM parties have been advised of the possibility of such damages or they are foreseeable. THE maximum aggregate liability that the Balanced Life.Com Parties shall HAVE TO YOU UNDER THESE TERMS AND CONDITIONS SHALL not exceed the fees paid by you to Balanced Life.Com for the Balanced Life.Com Products purchased by you. THE LIMITATIONS ON LIABILITY under this paragraph will survive termination of YOUR ACCOUNT FOR ANY REASON. In states, which do not allow some or all the above limitations, liability shall be limited to the greatest extent permitted by applicable law.

Balanced Life.Com Ownership of Website and Content; Permitted Uses

All content included in the Website, Products and in any of our program materials, such as text, graphics, logos, button icons, images, audio clips, video clips, and software, is the property of Balanced Life.Com or its licensors or content suppliers and protected by all applicable copyright, intellectual property, and proprietary property laws. They are solely provided to you for your personal individual use, and any reproduction, modification, distribution, transmission, republication, display, or performance, of any portion of the Website, Products or any part of our program materials is strictly prohibited. Infringement of another party’s copyrights or intellectual property or proprietary rights is a violation of federal and international law subject to criminal and civil penalties.

Balanced Life.Com’s License to Use Submitted Materials Upon Consent

From time to time, you may submit information, data, biographical information, statistics, testimonials, results of use of the programs, video, sound recordings, or photos of you to Balanced Life.Com via the Website, email, or other form of delivery (collectively the “Submitted Materials”). In the event that you consent (which consent may be in writing, by email, verbal or by inference) to Balanced Life.Com’s use of such Submitted Materials, you hereby grant to the Balanced Life.Com Parties the license and right to use, publish, reproduce, create derivative works of, distribute and publicly display the Submitted Materials, including your name, image, likeness and biographical data (your “Personal Information”), in any form, media or content, for advertising, promotional materials or any other commercial purpose including, without limitation, use on Balanced Life.Com’s website and social media pages. You agree that no advertisement or other material is required to be submitted to you for approval and the Balanced Life.Com Parties shall be without liability to you for any distortion or illusionary effect or adverse result to you on account of the use of your Submitted Materials or Personal Information as authorized herein. You hereby irrevocably release the Balanced Life.Com Parties and waive and covenant not to sue or seek reimbursement from the Balanced Life.Com Parties for any and all present and future claims, demands, damages, losses, adverse consequences, liabilities and causes of action arising from any of the authorized uses of your Submitted Materials and Personal Information by the Balanced Life.Com Parties, including, without limitation, any claims for copyrights, moral rights, defamation, libel, invasion of privacy, publicity, personality, or exploitation of your name or likeness. In the event that you request that Balanced Life.Com cease use of the Submitted Materials, the Balanced Life.Com Parties may consent to cease use and will take down or cease all such uses in their control; however, you acknowledge and agree that the Balanced Life.Com Parties are not responsible or liable for taking down any uses not in their control (e.g., copies of your photographs or testimonials that have been copied by third parties on the internet).

You acknowledge that Balanced Life.Com prohibits the use, uploading or submission of any information or material in or on the Website or to Balanced Life.Com that infringes on any patent, trademark, copyright, trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right. By providing any Submitted Materials to Balanced Life.Com, you are representing to Balanced Life.Com that you have the right and power to grant the license and rights described in these Terms and Conditions, including the rights to use your Submitted Materials, to the Balanced Life.Com Parties without the consent or approval of any other party. You are responsible for the accuracy and completeness of all Submitted Materials and agree to use this Website only for lawful purposes. You are prohibited from uploading or providing Balanced Life.Com with any unlawful, harmful, threatening, abusive, harassing, defamatory, libellous or obscene material of any kind, including, without limitation, any material that violates any applicable local, state, federal or international law.

 

Privacy and Privacy Policy

Your privacy is important to us. We do not sell or rent your email or name to anyone but may use your personal information to provide Products to you in accordance with our Privacy Policy and these Terms and Conditions. We do not send spam or unwanted messages. You can unsubscribe at any time by following the procedures outlined in our emails or online. We do not keep any credit card information on our servers at any time. All payments are taken via a secured third party server, such as PayPal or Authorize.net.

 

You hereby consent, as a condition of your use of the Website and Products, to the collection, use, processing, and transfer of personal data as described in these Terms and Conditions and with Balanced Life.Com’s Privacy Policy located on its Website from time to time (the “Privacy Policy”). You understand that in the event you register an account with the Website that Balanced Life.Com will collect and retain personal information about you for the purpose of providing you with the Products. You further acknowledge and agree that Balanced Life.Com may provide your personal information to its affiliates, suppliers, vendors and/or their agents and employees as necessary for the provision of Products to you. While Balanced Life.Com uses commercially reasonable efforts to safeguard your data transmitted while using the Website and Products, Balanced Life.Com does not warrant that your data will be transported without unauthorized interception or modification or that your data will not be accessed or compromised by unauthorized third parties.

 

Fees and Payment

In the event that you register as a user of the Website and activate your account, you agree to pay Balanced Life.Com for its Products in accordance with the fee schedule posted on Balanced Life.Com’s Website from time to time. All fees payable to Balanced Life.Com for its Products must be paid by credit card or debit card. In the event that Balanced Life.Com incurs any costs or fees (including reasonable attorneys’ fees) due to collecting amounts due to Balanced Life.Com under these Terms and Conditions as a result of chargeback fees, disputed fees, an insufficient funds reply to any credit card charge or otherwise, you agree to reimburse Balanced Life.Com for such collection costs.

 

Refund Policy

Online and Videos: We have a no refund policy on the Balanced Life.Com Online Programs or Video Workouts. Be 100% ready to transform your life and we promise that you will get results if you follow the plan.

Links to Other Web Sites and Resources

At certain places on the Website, live “links” to other Website addresses and resources can be accessed. The links are for convenience purposes only, and the inclusion does not imply that Balanced Life.Com endorses these websites. Such external websites contain information created, published, maintained, or otherwise posted by institutions or organizations independent of Balanced Life.Com. Balanced Life.Com does not guarantee the accuracy, completeness, timeliness, or quality of information available from other websites. Use of any information from other websites is voluntary, and reliance on it should be undertaken only after an independent review of its accuracy, completeness, timeliness, and quality. Balanced Life.Com shall not be liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by, or in connection with, the use of, or the reliance upon, any information, content, goods or services available on or through any third-party websites, including resources linked to this Website.

 

Internet Software or Computer Viruses

Internet software or transmission problems may produce inaccurate or incomplete copies of information contained on this Website. Computer viruses and other destructive computer code may also be inadvertently downloaded from this Website. Balanced Life.Com shall not be responsible or liable for any software, computer viruses or other computer code that may adversely impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or your downloading of any Products or other material as permitted by these Terms and Conditions. Balanced Life.Com recommends that you install appropriate anti-virus or other protective software.

 

Governing Law

By accessing, visiting, or using the Website, you agree that these Terms and Conditions will be governed by the laws of South Africa, without giving effect to its choice of laws provisions. Further, you agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and Conditions.

 

Complete Agreement; Amendments

These Terms and Conditions constitutes the complete agreement between the parties with respect to your use of Balanced Life.Com’s Website and the Products and supersedes all prior or contemporaneous agreements, discussions, representations, and warranties, whether oral or written, with respect to the subject matter of these Terms and Conditions. BALANCED LIFE.COM may amend THESE TERMS AND CONDITIONS by posting the amendment to the Website. YOU MAY NOT AMEND THIS AGREEMENT EXCEPT WITH THE WRITTEN CONSENT OF BALANCED LIFE.COM. If you CONTINUE TO USE THE WEBSITE AND ITS PRODUCTS, then your silence will be deemed an acceptance of the amendment(s).

 

Miscellaneous

These Terms and Conditions constitute the complete agreement between the parties with respect to your use of the Website and the Products. Balanced Life.Com’s waiver of any condition or covenant of these Terms and Conditions, or its failure to exercise a right or remedy available to it, shall not constitute a further waiver of the same or any other condition, covenant, right or remedy. If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and such other provisions shall be interpreted and construed as if the invalid, illegal or unenforceable provisions had never been contained herein.