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Agreement between User and https://balancedenergies.live
Welcome to https://balancedenergies.live. The https://balancedenergies.live website (the "Site") is
comprised of various web pages operated by Balanced Energies, LLC ("BE").
https://balancedenergies.live is offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein (the "Terms"). Your use of
https://balancedenergies.live constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
https://balancedenergies.live is an E-Commerce Site.
The purpose and mission of BE is to help individuals find their own version of wellness and life
balance using a client-centered approach. BE offers health and wellness coaching services,
supplements, and educational resources, programs, and technology. Downloadable content and
products are also available.
Privacy
Your use of https://balancedenergies.live is subject to BE's Privacy Policy. Please review our
Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting https://balancedenergies.live or sending emails to BE 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.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that BE is not responsible for third
party access to your account that results from theft or misappropriation of your account. BE and
its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit
content in our sole discretion.
Children Under Thirteen
BE does not knowingly collect, either online or offline, personal information from persons under
the age of thirteen. If you are under 18, you may use https://balancedenergies.live only with
permission of a parent or guardian.
Cancellation/Refund Policy
BE does not offer refunds on services purchased. However, appointments may be rescheduled
with appropriate notice as outlined in the Cancellation/Rescheduling Policy.
Links to Third Party Sites/Third Party Services
https://balancedenergies.live may contain links to other websites ("Linked Sites"). The Linked Sites
are not under the control of BE and BE 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. BE is providing these links to you only as a convenience, and the inclusion of any link
does not imply endorsement by BE of the site or any association with its operators.
Certain services made available via https://balancedenergies.live are delivered by third party sites
and organizations. By using any product, service or functionality originating from the
https://balancedenergies.live domain, you hereby acknowledge and consent that BE may share
such information and data with any third party with whom BE has a contractual relationship to
provide the requested product, service or functionality on behalf of https://balancedenergies.live
users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
https://balancedenergies.live strictly in accordance with these terms of use. As a condition of your
use of the Site, you warrant to BE 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 BE 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.
BE 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 BE 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 BE or our
licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your BE account to third party accounts. By connecting your BE
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 BE 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 BE Content accessed through
https://balancedenergies.live in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless BE, 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. BE 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 BE in asserting any available
defenses.
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 BE 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. BALANCED ENERGIES, LLC AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BALANCED ENERGIES, LLC 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. BALANCED ENERGIES, LLC 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 NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL BALANCED ENERGIES, LLC 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 BALANCED ENERGIES, LLC 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
BE 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 North Carolina and you hereby consent
to the exclusive jurisdiction and venue of courts in North Carolina 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 BE as a result of this agreement or use of the Site. BE's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this agreement is in derogation
of BE'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 BE 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 BE with respect to the Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and BE 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
BE reserves the right, in its sole discretion, to change the Terms under which
https://balancedenergies.live is offered. The most current version of the Terms will supersede all
previous versions. BE encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
BE welcomes your questions or comments regarding the Terms:
Balanced Energies, LLC
717 Green Valley Road, Suite 200
Greensboro, North Carolina 27408
Email Address:
Telephone number:
3363558701
Effective as of January 18, 2021
Copyright © 2019-2024 Balanced Energies, LLC - All Rights Reserved.
HeartMath is a registered trademark of Quantum Intech, Inc. For all HeartMath Trademarks go to www.heartmath.com/trademarks.
Disclaimer: BE does not provide medical services or claim to be a medical provider. Thus, BE does not claim to cure or diagnose any such condition. The information, products, and services contained herein should not be used as a replacement for qualified medical treatment. They are provided as an educational resource to further consumer knowledge. Use of this site and its information, products and services constitutes your acknowledgement of this. Results may vary and are not guaranteed.
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