Terms and Conditions
BALANCE.COM TERMS & CONDITIONS OF USE
COMPANY: Balance Bar Company
COMPANY LOCATION: 115 E. Stevens Ave. Suite 202, Valhalla NY 10595 USA
JURISDICTION: State of New York, USA
E-Mail: Contact Us [link to contact form]
Welcome to www.balance.com.
Balance Bar Company has adopted the following Terms and Conditions of Use in order for each visitor to enjoy his or her visit to the Site, or any mobile version thereof, and to ensure that You know what to expect from Your visit to the Site. PLEASE READ THESE TERMS CAREFULLY AS THEY REPRESENT A LEGALLY BINDING CONTRACT BETWEEN YOU AND BALANCE BAR COMPANY. BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SITE YOU INDICATE THAT YOU HAVE READ, UNDERSTAND AND AGREE THAT YOU ARE BOUND BY THESE TERMS.
1. Definitions. The following terms have the following meaning in these Terms and Conditions of Use.
(a) “We”, “Us”, “Our”, or “Balance Bar” mean Balance Bar Company;
(b) “Site” means this web site, namely, www.balance.com or any other related web sites We may establish;
(c) “You” or “Your” means any visitor to this Site;
(d) “TOU” means these Terms and Conditions of Use;
(e) “Content” or “Contents” means all text, graphics, videos, sounds, music, trade dress, trademarks, text, works of authorship, services, features, functions, the selection and arrangement of the foregoing, and all other materials and information of any kind or nature contained on or made available on this Site.
2. Changes to TOU. We may change this TOU from time to time without notice. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, all or any part of this Site. You agree that We shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site or any services provided by this Site. Use of the Site after a change to this TOU constitutes Your agreement to the new terms of the TOU, which are accessible on the Site.
3. Site Provided AS-IS. All Content of this Site is provided to You and all other users AS-IS and AS-AVAILABLE. We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any of Your data, communications, or personalized settings. You are responsible for obtaining access to the Site, which access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including fees associated with the display or delivery of any advertisements or other information. In addition, You must provide and are responsible for all equipment necessary to access this Site.
4. Eligibility. Creation of an account, access, or use of this Site is void where prohibited by applicable law. The Site is not intended for use or access by children under the age of 13 years of age. By creating an account, accessing or using the Site, You represent that You are at least 13 years of age.
6. License. Subject to Your compliance with all of the terms of this TOU, including, without limitation, refraining from the Prohibited Actions stated below, We grant You a personal, limited, non-transferable, non-exclusive, terminable at will, license to use this Site and to download any materials available for downloading at this Site, solely for personal purposes.
7. Prohibited Actions. You may not do any of the following on, through, or in any way in connection with this Site:
(a) upload, post, transmit, or submit any information or material that (i) contains software viruses, code or files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ii) is defamatory, libelous, obscene, indecent, abusive, threatening to others, hateful, racially or ethnically objectionable, or constitutes stalking; (iii) infringes the patent, copyright, trademark, trade secret, right of publicity, right to privacy, or other intellectual property right of any third party; (iv) violates any state, federal, or international law;
(b) harm any third party in any way;
(c) interfere with or disrupt the Site or the services provided by this Site;
(d) impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
(e) violate or infringe any of Our trademark, copyright, or proprietary or intellectual property rights;
(f) violate or breach any provision of the TOU or engage in any Prohibited Actions;
(g) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or software used in connection with this Site or obtain unauthorized access to this Site;
(h) use any Content or other information to, in whole or it part, create a likelihood of confusion, to misrepresent any fact, or to deceive others in any form or by any means;
(i) copy, modify, reuse, rent, lease, distribute, re-publish, re-transmit, sell, lend, assign, transfer any Content of this Site; or
(j) access the Site by any means other than through the interface provided by Us.
8. Intellectual Property. All Content on this Site is owned or licensed by Us and is subject to copyright, trademark and other federal and state laws relating to intellectual property. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold without Our prior written consent or the consent of Our licensors and licensees. Any unauthorized use of Content or violation of this provision is a material breach of this TOU and may be a violation of applicable law. Nothing in this TOU constitutes or may be construed as transferring or licensing any intellectual property rights to You, whether by estoppel, implication, or otherwise. We will aggressively enforce Our intellectual property rights to the fullest extent of the law, including criminal prosecution, if appropriate.
9. Nutrition, Fitness and Well Being Information. This Site provides only general nutrition, fitness, and wellness information. Please be advised as follows:
(a) The information presented on this Site is not medical, nutrition, or fitness advice, and should not be construed as medical advice. You should not rely on any general information on this Site for the diagnosis or treatment of any condition or problem, or for any advice or treatment relating to illness, physical condition, fitness, wellness, and nutrition.
(b) You should always seek and obtain professional medical advice from a physician or qualified medical health provider that is specific to Your needs and condition before eating or using any foods or other substances. Absolutely none of the Content of this Site is intended to be, or should be construed as, a substitute for professional medical advice, diagnosis or treatment. Never disregard professional medical advice or delay in seeking it because of anything on or associated with Our Site.
(c) Nothing contained on this Site shall be deemed to be a recommendation or endorsement by Us of any specific tests, physicians, products, foods, nutritional or fitness regimens, procedures, opinions, courses of treatment, or therapy. You should always consult Your own qualified health care professional concerning Your particular circumstances and needs and not rely on Our Site or Content. Use of Our Site is solely at Your own risk.
(d) If You think You may have a medical emergency, call Your doctor or 911 immediately.
11. Linking / Third Party Links on Our Site. The following terms apply to linking:
(b) You may not link to Our Site without Our express written consent, which may be granted or withheld in Our sole discretion. You may not, without Our written permission, (i) incorporate any content from Our Site into Your web site (e.g., by in-lining or framing); or (ii) use any of Our Trademarks, works of authorship, copyrighted materials, or (iii) use any words or codes identifying Our Site in any "metatag", any information used by used by search engines, or information used location tools to identify and select web sites.
12. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE AS FOLLOWS:
(a) YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION OBTAINED FROM THE SITE OR THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) ANY DEFECTS, WHETHER KNOWN OR UNKNOWN, WILL BE CORRECTED, (v) THE SITE WILL BE VIRUS-FREE OR (vi) THE QUALITY OF ANY FOODS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING OR DOWNLOADING ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOU.
13. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY INJURY OR ILLNESS OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) ANY OTHER MATTER RELATING TO THIS SITE OR ANY SERVICES PROVIDED ON THE SITE; OR (vi) ANY GOODS PURCHASED AT OR THROUGH THE SITE.
14. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU. IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
15. CLASS ACTION WAIVER. YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THIS SECTION WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION.
16. Indemnity for Breach/Causation of Claims. If You breach the terms of this TOU or in any way cause any claims to made against Us, Our employees, officers or directors, You will be liable to Us for all damages, costs, judgments, expenses (including reasonable attorneys’ fees) that We or Our employees, officers, or directors incur.
17. International Notice. Balance Bar is based in Valhalla, New York, in the United States of America. Balance Bar makes no claims that this Site or any of its Content is appropriate for, or may be transmitted, used or installed outside of, the United States. Access by certain persons or in certain countries may not be legal. If You access the Site from outside the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
18. General Terms. The following additional terms apply to this TOU:
(b) Choice of Law and Forum. This TOU and the relationship between You and Balance Bar shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Balance Bar agree to submit to the personal and exclusive jurisdiction of the state or federal courts located in Westchester County, New York. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF NEW YORK IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
(c) Waiver and Severability of Terms. The failure of Balance Bar to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, You nevertheless agree that the court should endeavor to give effect to the TOU so that other provisions of the TOU remain in full force and effect.
(d) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the TOU or use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(e) Notices. Balance Bar may give notice to You through general posting on the Site, via postal notification, or via e-mail notification. You may give notice to Balance Bar via web form at Contact Us.
(f) Delay and Course of Dealing. No delay in exercising, no course of dealing with respect to, and no partial exercise of any right or remedy under this TOU constitutes a waiver of any other right or remedy, or future exercise thereof.
(g) Construction. The section titles in the TOU are for convenience only and shall not affect its interpretation. The terms of this Agreement are to be construed as singular, plural, masculine, feminine, or neuter as context requires.