AGREEMENT AND TERMS FOR BALANCE HEALTH AND NUTRITION COACHING, LLC WEBSITE (OR APP)

USE BY VISITOR

1. AGREEMENT TO WEBSITE TERMS OF USE

Please read all of the following Website Visitor’s terms of use, including the
important warnings, restrictions and disclaimers before accessing and/or using any of the resources that are available on or through Balance Health and Nutrition Coaching, LLC’s Website. By accessing and/or using this Website, you confirm that you have read and understood, and agree to be bound by, all of the following Website terms of use, including the warnings, restrictions and
disclaimers set forth herein.  If you do not agree to be bound by all of the following warnings, restrictions and disclaimers, please exit this site immediately. Otherwise, by your access to and use of this Website, you will be deemed to have consented to all of these terms.

Balance Health and Nutrition Coaching, LLC may revise and update these Terms of Use at any time in the future. Your continued access to or use of this Website thereafter shall constitute acceptance of such revised and updated terms.

The Site and its original content, features, and functionality are owned by Balance Health and Nutrition Coaching, LLC, and are or may be protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2. WEBSITE PURPOSE STATEMENT

Balance Health and Nutrition Coaching, LLC is committed to providing accurate information. We may choose to remove, add or modify materials posted on this site.  Users of this site will be required to use their real names, addresses, and telephone numbers as submitted to the Website. Once submitted, these communications become known by certain of Balance Health and Nutrition Coaching, LLC’s employees and contractors.  What you submit will be available for production, copying, storage, maintenance, and use as Balance Health and Nutrition Coaching, LLC deems appropriate and in accordance with applicable law and regulations.

If Balance Health and Nutrition Coaching, LLC, in its sole and absolute discretion, determines that a user or visitor to its Website has posted or submitted any communication or content which is unlawful, harmful, threatening, abusive, harassing, defamatory, false, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist, fraudulent, or otherwise objectionable, then, in addition to any other remedies available at law or equity, Balance Health and Nutrition Coaching, LLC may permanently revoke such user’s permission to access or use this Website and Balance Health and Nutrition Coaching, LLC will delete all such material.

3. WARNINGS, DISCLAIMERS AND RESTRICTIONS

If you have questions about the Website or information on it, consult a professional, as Balance Health and Nutrition Coaching, LLC does not provide legal or other professional advice.

While Balance Health and Nutrition Coaching, LLC believes its Website information is accurate, Balance Health and Nutrition Coaching, LLC does not guarantee any of the information or other resources including links to other Websites that may be mentioned or made accessible through this Website. Balance Health and Nutrition Coaching, LLC has no responsibility whatsoever for information on
links from its Website.  The contents of this Website, including text, graphics and images are made available without warranties or guaranties of any kind, and Balance Health and Nutrition Coaching, LLC disclaims any liability for any injury or damage resulting from the use of the Website or any information or other resources that may be mentioned or made accessible through the Website.

You acknowledge that in connecting to this Website, information will be transmitted over local exchange, inter-exchange, and Internet backbone carrier lines and through routers, switches, and other devices owned, maintained, and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Balance Health and Nutrition Coaching, LLC. Accordingly, Balance Health and Nutrition Coaching, LLC assumes no liability for or relating to the delay, failure, interruption, or corruption of the content, or any portion thereof, or any data or other information transmitted in connection with the use of this Website.

The information, graphics, and images on this Website are provided on an “as is” basis without any warranties of any kind. Balance Health and Nutrition Coaching, LLC, its officers, agents, employees and contractors, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for any particular purpose. Balance Health and Nutrition Coaching, LLC and its officers, agents, employees and contractors make no representations or warranties about the accuracy, reliability, completeness, correctness, or timeliness of the materials on this Website. In no event shall Balance Health and Nutrition Coaching, LLC or any third party mentioned or appearing hereon be liable for any damages whatsoever (including, without limitation, actual, compensatory, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from use or inability to use the Website or its materials. This disclaimer applies to any damages or liability based on warranty, contract, tort or any other legal theory, and whether or not Balance Health and Nutrition Coaching, LLC is advised of the possibility of such damages or liability.

4. WEBSITE SUBMISSIONS

Any communication or material that you send or post on this Website is considered to be non-confidential.  You agree not to upload, post, e-mail or otherwise transmit any material to this Website that is unlawful, harmful, false, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.  You further agree that you will provide your true name and e-mail address when transmitting any material to this Website, and that you recognize that any submissions made under a false name or e-mail address could subject you to liability to Balance Health and Nutrition Coaching, LLC and/or any other affected third parties.

Except as expressly provided otherwise, no materials on this Website may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, downloaded, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior, express written consent of Balance Health and Nutrition Coaching, LLC.

5. LINKS TO OTHER SITES

This Website contains links to third party Websites which may be modified from time to time. If so, these links are provided solely as a convenience to you. Balance Health and Nutrition Coaching, LLC is not responsible for the content of any linked third-party sites, and does not make any representations regarding the content or accuracy of any content or materials on such third-party Websites. If you access any linked third-party Website, you do so at your own risk. Your use of third-party Websites is subject to the terms and conditions of use for those sites and any others linked to them.

6.  GOVERNING LAW; FORUM SELECTION AND CONSENT TO
JURISDICTION

These terms and conditions are governed by the laws of the United States of America and the laws of the State of Ohio.  You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the Southern District of Ohio or a state court located within the State of Ohio in connection with any matter arising out of these Terms and Conditions, Privacy Policy, Disclaimer, or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.

 7. LIMITATION OF LIABILITY

Balance Health and Nutrition Coaching, LLC is not responsible or liable in any way for any and all damages you may experience, directly or indirectly from your use, Purchase, or Download from our Website, App, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product.

IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

8. SEVERABILITY

The provisions of these Terms and Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms and Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no affect on these Terms and Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

9. YOUR PRIVACY AND SECURITY ON THE SITE, OR APP

Please read our Privacy Policy for how we handle your personal information.

10. CONTACT

If you have any questions or concerns regarding these Terms and Conditions, you may contact us using the following information: julieh@balancehealthandnutrition.com