Please read these Terms & Conditions carefully and in their entirety before using balance-holistichealth.com (hereinafter referred to as the “Site”). The Site and its content are owned by Anna Truxillo with Balance Holistic Health.
PURPOSE: These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.
We are not your medical doctor or other healthcare professional. By using the site, you recognize that we are not in a Client-Practitioner relationship. You should always consult with your medical doctor before implementing any changes to your diet or lifestyle.
IMPORTANT NOTE: By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at balance-holistichealth.com.
You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.
These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph No. 18 and voluntarily waive your right to a jury trial.
By proceeding on the Site, you hereby agree to the following:
“Company”, “We”, “I”, “Our”, or “Us” means Balance Holistic Health, Anna Truxillo (in her capacity as Owner of Balance Holistic Health), and our website, balance-holistichealth.com.
“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Anna Truxillo, Balance Holistic Health, and/or balance-holistichealth.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Balance Holistic Health and/or on balance-holistichealth.com, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.
“Purchase”, “Purchased”, “Purchasing”, “Downloading” or “Download” means any Content (as defined herein) or Courses, Services, and/or Products (as defined herein) you paid for and/or copied to your computer, hard drive, cloud system, or another process of downloading data, from this Site (as defined herein).
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, credit card information, site behavior, etc
“Site, Courses, Services, and/or Products” means wellfedhealth.com and its associated pages, Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, programs, and/or templates available on the Site.
“Site” means balance-holistichealth.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages and Content.
“You” or “Your” means the user, customer, or viewer of the Site.
3. Site Rules:
By using the Site and/or making any Purchase, you hereby agree & consent not to:
Abuse or harass any person through or on the Site.
Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.
Post or transmit any “spam” or unwanted, unsolicited content.
Post copyrighted materials, photographs, or content which do not belong to you.
Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.
The Site, Courses, Services, and/or Products are intended for informational & educational purposes only and are not intended as professional medical advice by us. By accessing and using the Site, Courses, Services, and/or Products, such use shall constitute your agreement that the Site, Courses, Services, and/or Products is not professional medical advice and shall not be relied upon by you as such.
By using the Site, you understand that we are certified as a “Holistic Health Practitioner” (HHP) by the American Association of Drugless Practitioners and certified as a "Pre/Postnatal Exercise Coach & Core Consultant" by Fit For Birth. We are approved as a certifying organization, but is not licensed, registered, or certified by the state of Louisiana or any other state. We are not a licensed or registered dietitian, therapist, or licensed medical professional. You understand that you are responsible for checking with your state for specific information on licensing requirements.
The Practitioner does not diagnose or treat disease. The Practitioner provides information, education, and/or recommendations regarding lifestyle modifications, food, dietary supplements, exercises, workouts, stretches, and/or homeopathic remedies. Lifestyle modifications implies the broad domain of traditional or homeopathic health care practices and other complementary health practices and services provided by the Practitioner. Any food or dietary supplements being recommended are not medically prescribed drugs, and should never be considered as such. The Practitioner does not provide nutritional or medical therapy to treat disease or other pathological conditions, but instead makes lifestyle recommendations for promoting optimal wellness.
You need to discuss and clear any and all changes to your lifestyle, food intake, exercise regimen, or medical treatment with your physician before implementing changes or habits suggested by us via blog posts, free downloads, videos, webinars, eBooks, or any other Content available on the Site. You must discuss any and all changes to your diet, exercise regimen, supplements, medications, or lifestyle with your physician or qualified medical professional (not us) before implementing any suggested or offered changes, additions, or alterations to your lifestyle. Our Content is for informational and educational purposes only, and is based on our personal experience. Please only implement any and all changes after consulting with your physician and assessing your own risk.
5. Your Consent to These Terms & Conditions:
By using this Site, or Purchasing or Downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.
6. Changes To These Terms & Conditions:
We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.
7. Links to Third-Party or External Websites:
8. Intellectual Property Ownership:
The Site and its Content are intellectual property solely owned by Balance Holistic Health. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
9. Our Limited License to You:
If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.
10. Your License to Us:
By commenting on the Site, or submitting documents to Balance Holistic Health via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.
11. Purchase & Access Terms:
During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. This means you may not purchase or download a guide, document, eBook, program, course, or anything else defined as Content and forward (by email or in person), share, copy, or print out any Content for anyone other than yourself. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.
12. Sharing the Site & Its Content:
You must request and receive written permission by email to firstname.lastname@example.org before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Balance Holistic Health.
13. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
14. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law.
15. Your Release of Us:
By using the Site or Purchasing, Downloading, or using Balance Holistic Health's Courses, Services, and Products, you agree to release, forgive, and forever discharge Balance Holistic Health, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
16. Errors & Omissions:
Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Balance Holistic Health does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a medical professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.
17. Our Refund Policy:
We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for consulting services already rendered or products already purchased. By purchasing or downloading any of our Content, you agree and understand that sales are final and no refunds will be given for Content already purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Anna at email@example.com.
18. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Site or Balance Holistic Health’s Courses, Services, and/or Products, please contact us directly first by emailing Anna at firstname.lastname@example.org.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Balance Holistic Health shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 50 miles of Baton Rouge, Louisiana.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Louisiana. The only award that can be issued to you is a refund of any payment made to Balance Holistic Health for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.
19. Consent to Governing Law:
These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Louisiana.
20. Consent to Jurisdiction:
21. Consent to Service:
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Louisiana for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Louisiana.
22. Payment & Purchases:
When you Purchase or Download one of our Courses, Services, and Products from us or the Site, you may pay by credit card. By doing so, you give Balance Holistic Health permission to automatically charge your credit card for payment of your purchased Content or services. You will receive an electronic receipt following your Purchase, which you should retain for your records.
If you elect the installment or “pay over time” option at checkout, you agree that Balance Holistic Health has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.
If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.
We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.
Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.
23. User Conduct:
You must only use the Site for lawful purposes, and you must not use them in a way that infringes the rights of anyone else. In using any the Site, and in particular, our online studio and downloadable programs, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:
Copy, reproduce, or improperly use, post or access any content on balance-holistichealth.com;
Modify, distribute, or re-post any content on the balance-holistichealth.com for any purpose;
Use the content on balance-holistichealth.com for any commercial exploitation whatsoever;
Disrupt or interfere with the security of, or otherwise abuse, balance-holistichealth.com, or any services, system resources, accounts, servers, or networks connected to or accessible through balance-holistichealth.com or affiliated or linked sites;
Access content, data or portions of balance-holistichealth.com which are not intended for you, or log onto a server or account that you are not authorized to access;
Attempt to probe, scan, or test the vulnerability of balance-holistichealth.com, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;
Access any of Balance Holistic Health's Services or websites through any automated means, such as “robots,” “spiders,” or “offline readers”;
Interfere or attempt to interfere with the use of the balance-holistichealth.com by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";
Use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on the balance-holistichealth.com;
Harass, “stalk”, disrupt or interfere with any other user's enjoyment of balance-holistichealth.com or affiliated or linked sites;
Upload, post, or otherwise transmit through or on balance-holistichealth.com any viruses or other harmful, disruptive, or destructive files;
Use, frame, or utilize framing techniques to enclose any Balance Holistic Health trademark, logo, or other proprietary information (including the images found at our websites, the content of any text, or the layout/design of any page or form contained on a page) without Balance Holistic Health's express written consent;
Use meta tags or any other "hidden text" utilizing a Balance Holistic Health name, trademark, or product name without Balance Holistic Health's express written consent;
Deeplink to Balance Holistic Health Services, including our websites without Balance Holistic Health's express written consent;
Create or use a false identity on Balance Holistic Health's Services, share your account information, use another individual’s account information, or allow any person besides yourself to use your account to access Balance Holistic Health's Services;
Harvest or otherwise collect information about balance-holistichealth.com users, including email addresses and phone numbers;
Download, “rip,” or otherwise attempt to obtain unauthorized access to any Balance Holistic Health Services, content or other materials; and
Post any copyrighted material unless the copyright is owned by you.
23. Limitation of Liability:
Balance Holistic Health is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, 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.
24. Defense & Indemnification
25. Termination of Your Use
26. Entire Agreement
The provisions of these Terms & 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 & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
28. Your Privacy & Security on the Site:
If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:
Email: Anna at email@example.com
Mailing Address: 7731 W. Pelican Lakes Ave., Baton Rouge, Louisiana 70820