Terms & Conditions
THIS SITE DOES NOT PROVIDE MEDICAL OR HEALTH CARE ADVICE. CONSULT YOUR PHYSICIAN OR OTHER
QUALIFIED HEALTH CARE PROVIDER FOR ADVICE REGARDING ANY MEDICAL CONDITION.
DO NOT ATTEMPT TO SELF-DIAGNOSE OR TREAT ANY MEDICAL CONDITION BASED ON
ANYTHING CONTAINED ON THIS SITE.
This site may contain or refer to health-related material that you may consider sexually explicit
or offensive. Your use of the site is your responsibility and you are
responsible for complying with any local laws that may pertain where you
Terms and Conditions of Use
You are advised to read the following Terms and Conditions of Use. These Terms
and Conditions have been developed for your protection and the protection of Balanced
Formula the site service provider. Your use of the site constitutes your
apply to all site users. All terms and conditions of use are subject to change
at the discretion of Balanced Formula.
1. Use of Content
Balanced Formula authorizes you to personally view the material contained on
the Balanced Formula site and to download a single copy of such material for
your personal, non-commercial use, provided that any downloaded copy includes
the copyright notice, "Copyright 2009, Balanced Formula All rights
reserved." and with any other copyright or proprietary rights notices that
appear in the material copied. Consumers may not use site nor provide outside
links to the site, for any personal or commercial purpose, including but not
limited to, sale or trade of particular items or services.
If you violate these Terms and Conditions of Use, your authorization to use the
Balanced Formula and Balanced Formula site is automatically revoked and you
must destroy any copies of the content that you have made.
2. Shopping Features
Consumers agree to pay for goods and services purchased via the internet with Balanced
Formula and recognize that purchasing goods and services on line holds the same
validity as if purchased in person from Balanced Formula store.
While Balanced Formula and Balanced Formula provide state of the art security
encryption devices, customer's e-mail may not be fully secured against
interception. Customer agrees to hold Balanced Formula harmless from any and
all liability for any reason whatsoever, including monetary and health issues
that may arise regarding any transaction that occurs between Balanced Formula
and customer. Both Balanced Formula and customer agree to hold Balanced Formula
harmless from any and all liability for any reason whatsoever, including
monetary and health issues that may arise regarding any transactions that occur
between Balanced Formula and customer.
Further, Balanced Formula provides guarantees and warranties regarding
reimbursement for goods and services, as well as pick, pack, and delivery
functions whether shopping on-line or at its brick and mortar location. Please
see our store policies posted on the ordering section of the site.
Balanced Formula collects financial information (like your account or credit
card numbers where applicable on VIA PAY PAL) so you can order products from
its store via their shop on-line service. Your billing information is only used
by Balanced Formula or its other business partners to bill you for products and
services they sell. It is privileged, confidential, encrypted, and held on a
secure server, and will not be given to a third party except as required by
Balanced Formula, on behalf of itself, has created this privacy statement for its
natural product online store customers in order to demonstrate our collective
firm commitment to your privacy. The following discloses the information
gathering and dissemination practices for this Web site.
Balanced Formula and Balanced Formula.com respect and value your privacy.
Although we will collect personal information from you, with your permission,
only your name, your e-mail address, and your mailing address will be provided
to your preferred store. No other personal information collected during your
use of this site will be shared. Balanced Formula will not, without permission,
sell, disclose or provide ANY information, including your name, address, e-mail
address or other personal information to any third party, unless required to do
so by law.
Personal information collected from you is submitted with your knowledge and
consent. Balanced Formula will only use that information to provide a more
customized service to you.
Should you choose shop-on-line features of this Web Site, further information
such as your credit card data for method of payment of goods and services may
be necessary (Pay Pal Only). Balanced Formula as site service host, provide
state of the art security and encryption devices to protect your payment
Balanced Formula as site service provider, its employees, directors, and
investors are to be held harmless from any and all liability regarding any
misuse of your credit card information provided for fulfillment of Balanced Formula
shop on-line feature.
Balanced Formula as site service provider, work to protect the security of your
information during transmission by using Secure Sockets Layer (SSL) software,
which encrypts information you input. Balanced Formula employees who handle
customer data do not have access to your credit card details (as all info goes
via Pay Pal) .This information is immediately encrypted after you execute the
continue link at the bottom of the payment details section. In order to shop
online, Balanced Formula collects your name, address information, and credit
card information only via Secure Pay Pal, so that it can fulfill your order, as
well as your contact information (e-mail and telephone) in case Balanced Formula
needs to communicate with you regarding your order.
5. Site Information
5.1 Contact Us
If you have any questions about the privacy statement, the practices of this
site, or your dealings with this Web site, you can contact Balanced Formula.
Address: - 1526 Cortelyou Road
Toll Free: 1-866-299-6373
5.2 Children's Guidelines
This site does not solicit use by, or target as a user group, children under
the age of 13 years. We do not collect information from any person we actually
know is under the age of 13 that would make that child personally identifiable.
This site does not knowingly sell any products or services to children under
the age of 18 years, nor does it specifically target any information towards
children. We advise that if a parent feels that anything about this site is
inappropriate for their child, they monitor the child's use of this site as
they would all other Internet usage. Balanced Formula always welcome your input
and comments. Please feel free to contact us. (See the Contact Us section above
Cookies are small bits of electronic information that allow a Web site to keep
records of your site visits and personalize or customize the Web experience for
you. This site does not use "cookies" to report on or track you when
you leave this site.
Web site, to help identify visitors and to gather broad demographic
and to save passwords so you do not have to re-enter them each time you visit
Our site registration form requires you to provide contact information (like
your name and e-mail address). Balanced Formula the
contact information from the registration form to send you information about
the company and promotional material from content providers and advertisers
provided that you have given us permission to do so.
We collect financial information (like your account or credit card numbers
where applicable) so you can order products from your preferred store or other Balanced
Formula clients. Your billing information is used by Balanced Formula or other
business partners to bill you for products and services they sell. It is
privileged and confidential and will not be given to a third party except as
required by law.
Outside links to other health information sites are provided in limited
circumstances where it is necessary to provide a balance of information and are
for your information and perusal only. Balanced Formula is not responsible for
and neither endorses nor support any products or services that you may find on
these outside sites. Any data presented on these sites should be used at
customer's discretion only. Balanced Formula not
responsible for any results that may or may not occur regarding your use of any
information, goods, or services posted on these sites. Balanced Formula not guarantees
nor provides security surrounding your personal and confidential information
while you are visiting these outside sites. In addition, some internal links
may be required to support the functionality of Balanced, as site host and are
not accessible by the community at large.
5.5 Order Forms
This site uses an order form so that you can request information regarding,
products, and services. On this form, we collect your contact information (like
your e-mail address). Contact information from the order form is used to send
you goods and services ordered, where applicable or as requested, and may be
used to send you information about our company or promotional material from our
content providers, advertisers, and other parties.
Products for which
advertising is accepted must be safe when used according to instructions. If
product(s) are not intended for use by children, the advertising should not
encourage or imply child-usage.
Balanced Formula have no means of independently evaluating the safety or
functionality of the products offered by its suppliers and affiliates and thus
can neither endorse nor recommend products. Balanced Formula every effort to
receive a certification from its suppliers that (i) the product complies with
all local, state, and federal regulatory requirements; (ii) every claim made on
behalf of the product is adequately substantiated and information is readily
available regarding such claims, and (iii) all adverse safety information is
disclosed on product labeling.
Balanced Formula that all of our advertisers can substantiate their claims of
safety, wholeness, goodness and purity of product. However, we do not
guarantee, warranty those claims, or any product or service advertised or
discussed on our site.
6. Content Submitted Policy
Balanced Formula reserves sole discretion to accept, edit or reject any and all
materials submitted to us from consumers directly or Balanced Formula on behalf
of a customer. Balanced Formula will not be responsible for the return of these
items. Balanced Formula will not be liable for any payment for any submissions
without prior written agreement.
You agree that you will not upload or transmit to the Balanced site, its
content providers, business associates, advertisers or users, any material that
infringes or violates the rights of any party. If you submit any content or
communication to the Balanced Formula site, you are agreeing that such content
or communication is not confidential for any purpose. By making any submission
to this site you are representing and warranting that you are the owner of the
rights to the material submitted, and you are granting to Balanced Formula
permanent, royalty-free, irrevocable, world-wide, nonexclusive license to use,
reproduce, create derivative works from, modify, publish, edit, translate,
distribute, perform and display the content of the submission in any media, in
any form or format, now available or developed in the future. If you are not
the owner of the rights to the material submitted, you are representing and
warranting that the person who owns such rights has granted the
above-referenced rights to Balanced Formula.
Balanced Formula may sub license the rights obtained from you to others without
You agree, by your use of this site, to adhere to our standards of proper
Net-etiquette. This includes, but is not limited to the standards listed below.
Balanced Formula the following action in our public areas and reserves the
right to remove any postings that violate them.
- DO NOT
use any explicit, vulgar, or obscene language.
- DO NOT
use any racially, ethnically, or socially offensive language.
- DO NOT
encourage, incite, or plot any illegal activity.
- DO NOT
verbally attacks, harass, or otherwise annoy any other members.
- DO NOT
post or request personal information from anyone under 18.
- DO NOT
misrepresent yourself as part of the Balanced Formula staff, or another
organization to which you ARE NOT A MEMBER
- DO NOT
post or link to sexually explicit or otherwise offensive material when
participating in forums and chats and please stay on the topic.
- IF YOU
post messages on a public site area, you may be identifying yourself, and
your personal information may be available to others without your
You agree to indemnify and hold Balanced Formula, its officers, principals,
employees, agents, consultants, and information providers harmless from and
against all claims, actions, demands, losses, expenses, damages and costs,
including but not limited to reasonable attorney's fees and accounting fees
resulting from, or alleged to have resulted from, your violation of these Terms
and Conditions of Use.
9. Limitation of Liability of Balanced Formula
Balanced Formula provided on an "AS IS" and "AS AVAILABLE"
basis. Your use of the Balanced Formula site and content is at your own risk. Balanced
Formula does not guarantee that the functions of this site will be error-free
or uninterrupted, or that this site and server will be absolutely virus-free.
Your use of this site involves transmission of data over facilities which are
not within the control of Balanced Formula its content providers and
advertisers. Therefore, Balanced Formula assumes no liability for delay,
corruption of data, interruption of service, or interception of data
transmissions outside of its direct control.
BALANCED FORMULA ITS CONTENT
PROVIDERS, BUSINESS ASSOCIATES AND ADVERTISERS, TO THE FULLEST EXTENT ALLOWABLE
BY THE LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS.
Balanced Formula no representations or warranties as to: (1) the accuracy,
completeness, reliability, correctness or timeliness of the content, textual
material, graphics, links, or data transmission capabilities provided by the Balanced
Formula and Balanced Formula site; and (2) compliance with or satisfaction of
any governmental regulations requiring disclosure of information concerning
products or services offered by content providers or advertisers on the Balanced
Formula and Balanced Formula site.
Although the editors and content providers of this site have consulted sources
believed to be reliable and accurate in assembling the content of this site,
information provided may not be error-free. Listings of suppliers, professional
associations, organizations, news, events and other material are intended to be
comprehensive but not necessarily all-inclusive of information.
10. Dispute Resolution
thereof, and if the dispute cannot be settled through negotiation, the parties
agree first to try in good faith to settle the dispute by mediation
administered by the American Arbitration Association under its Commercial
Mediation Rules before resorting to arbitration, litigation, or some other
dispute resolution procedure.
Unless arbitration is expressly prohibited by applicable statute, or limited as
set forth below, any controversy or claim arising out of or relating to these
administered by the American Arbitration Association in accordance with its
Commercial Arbitration Rules, including the Emergency Interim Relief
Procedures, by an arbitrator or arbitrators selected in accordance with such
rules, as the exclusive remedy in any such dispute. Judgment on the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof. Arbitration shall occur in Sarasota, Florida, and shall be governed by
both the procedural and substantive law of the state of Florida, without giving
effect to the principle of conflict of laws, unless specifically preempted by
the United States Arbitration Act. Each party to the arbitration shall bear its
own costs and attorneys' fees, with the costs of the arbitration being divided
equally among the parties.
Notwithstanding the arbitration provision above, Balanced Formula and Balanced Formula
may avail themselves of the full range of remedies available to them, either
individual or together, in connection with any violation of its respective
intellectual property rights, including, but not limited to, temporary and
permanent injunctive relief, and actions for damages in either state or federal
courts, as applicable. If such judicial proceedings are instituted, the parties
agree that such proceedings will not be stayed or delayed pending the outcome
of any arbitration proceeding under this Agreement. In such judicial
proceedings, the prevailing party shall be entitled to an award of attorneys'
fees and litigation costs, including those at the trial court and all appellate
court levels, against the losing party.
11. Governing Law/Jurisdiction
By use of this site, you agree that exclusive venue for resolution of any
disputes between you and Balanced Formula 1526 Cortelyou Rd., shall be in the
county and state wherein Balanced Formula is located, or in the United States
District Court for the District and Division that governs Balanced Formula
location. Your use of this site and all relations between you and Balanced Formula
shall be governed by the laws of the State of NY except where specifically
preempted by federal law.
12. Complete Agreement
Except as expressly set forth within any separate notice contained in the Balanced
Formula and Balanced Formula site or any other written agreement between you, Balanced
these Terms and Conditions of Use constitute the entire agreement between you, Balanced
Formula and Balanced Formula regarding the use of the Balanced Formula and Balanced
Formula site and content. These Terms and Conditions of Use may be modified by Balanced
Formulate any time, with or without advance notice. By your continued use of
the Balanced Formula and Balanced Formula site, you agree to monitor these
Terms and Conditions of Use for any changes, and that such changes will be
binding upon you. None of these Terms and Conditions of Use may be waived
except in a written instrument signed by an officer of Living Naturally. No
waiver, whether express or found to exist as a matter of law, shall be deemed a
further or continuing waiver of such term or condition or of any other term or
If any term or condition set forth herein is found to be invalid by a court of
competent jurisdiction, the remainder of the terms and conditions shall remain
in full force and effect.