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TERMS AND CONDITIONS
Welcome to The Balanced Woman!
These terms are a legally binding agreement (the “Agreement”) between you as a participant (“You”) and The Balanced Woman Inc. (“We” or “Us”). By clicking on “I Agree” you have agreed to be bound by these terms. If you do not consent to this Agreement, then you may not participate in the Program. Please contact us at [email protected] if you have questions about this.
The Program: The Start Date of the Program is the date when you complete your purchase and receive access to your members area .
10 Q and A Coaching Calls Access to Live Call Recordings Access to Private Facebook Group
Access to the course materials for six months from your start date.
The Program does not include email access to us (check out our private coaching offer if you would like even more individualized attention and email access)
Investment: The Program Fee (the “Program Fee”) for the Program is :
Payment Plan: $367 for 6 months
Installments: Each installment will be due on the same day each month as the day on which you made your first monthly payment (for example, if you sign up for the Program and make your first payment on the 15th, your remaining installments will be due on the 15th of each of the remaining payments). You authorize us to automatically charge the credit card on file for each installment or any and all Program Fee balances owed. You will keep all payment information current, and the financial account associated with your credit card adequately funded to satisfy the Program Fee. If you are paying in installments, a $30 late fee will be charged for payment not received, or unable to be processed, by each installment due date.
Payment Disputes: If you have a dispute concerning any payment transaction, please contact us at [email protected]. If you contact your bank or credit card company to reject the charge of any part of the Program Fee (“Chargeback”), this act will be considered a breach of your payment obligations and this Agreement. We reserve the right to automatically terminate your access to the Program, dispute any Chargeback, and take all reasonable action to authorize the transaction.
Late or Declined Payments: If any payment we attempt to collect is declined for any reason, we may remove you from the Program, terminate this Agreement and pursue collection of the balance of the Program Fee and or installments remaining, including sending the outstanding balance to a collection agency. You agree to hold us harmless and that we will have no liability with respect to our enforcement of this Section, and you will be responsible for the reasonable costs of collection.
We are pleased to back The Balanced Woman with a 100% money back guarantee. To qualify, a member must fully participate in the first two weeks of the Program. If you no longer feel that the Program is right for you, send us an email at [email protected]. We’ll ask you for your completed assignments to confirm you tried the Program and we’ll ask what didn’t work, so can learn, and improve. Once we receive your completed assignments and give us your feedback, you’ll receive a complete refund. Please pay attention to the refund deadline. We put significant effort into personalizing this program for every member, so unfortunately, once the two-week grace period has passed, we will be unable to offer refunds. If you do the Program work and don’t see the value, submit your completed assignments within the first two course weeks and get a full refund. It’s as simple as that. No refunds are given outside of the 14-day window. Payments and deposits are non-refundable. You are responsible for the full fee for the entire course of the Program, regardless of whether you actually attend or complete the program, and regardless of whether you have chosen a 1-lump sum or multiple payment plan. No refunds will be issued, or monthly payments forgiven once the initial 14-day window has passed or if you do not comply with the requirements of this paragraph.
Cancellations; Default: See our refund policy above for more information on what you can expect if you want to cancel your enrollment early. From your Start Date forward, if you violate any of the terms of this Agreement, we may remove you from the Program, you will lose eligibility for the money-back guarantee, You will also be liable for any costs, expenses, damages, and fees, all court costs, and reasonable attorney’s fees that we may incur as a result of your violation (this also includes collection agency costs if you breach your payment obligations. We may cancel the Program at our discretion. If we cancel the Program, we will notify you via email at least 30 days prior to the cancelation date specified in the notice (the “Cancellation Date”). We will refund the pro-rata share of your Program Fee applicable to the months following the Cancellation Date.
Your Responsibilities: The Program requires a commitment of time, co-operation, and participation. You commit to full participation in the Program and understand that it is up to you to do the work. You agree to perform all tasks assigned by the Program within the timeframes discussed in the Program, and to provide all assistance and cooperation in order to complete the Program in a timely and eﬀective basis. You are solely responsible for implementing any of the ideas generated in the Program. If we cannot perform our obligations under this Agreement because of a delay by any act or omission by you, we will not be deemed to be in breach of our obligation under this Agreement or responsible for any losses you may incur as a result of such delay.
Confidentiality: In the course of the Program, you and the other participants may share personal stories. The live sessions will be recorded and are not confidential. We may also share comments you make in the Facebook group or elsewhere as testimonials or for promotional purposes, but we will share those comments anonymously. The Program content and materials are confidential, and you agree not to share the Program with third parties.
Communication; Scheduling: The way to communicate with us if you need to during the Program (other than if these Terms and Conditions request an email), is via Facebook. We do not give feedback or communicate generally about the Program content and your experience via email. Please be on time to all Program meetings. Weekly group meetings will be recorded, but if you miss a meeting, there will not be an opportunity to make up the meeting, other than watching the recording. The live calls are scheduled according to our availability and that of any guests we may have on the call. If your schedule does not permit attending the call, you can submit questions to us in advance via Facebook, and if appropriate we will ask the question during the call. No refunds are permitted based on scheduling conflicts.
Intellectual Property: We retain all rights to our intellectual property, including but not limited to all Program materials including derivative works arising from or used in conjunction with the Program (“Our Intellectual Property”). Our Intellectual Property may not be copied, used, modified, or distributed for any purpose. There is no granted or implied license to sell or distribute Our Intellectual Property. You understand and agree that any of Our Intellectual Property you receive is for your own personal use. Any disclosure of Our Intellectual Property to any third party by you is strictly prohibited.
Rights to Record; Authorized Use; Release. You agree that we may use any images, audio recordings or video recordings of you obtained while enrolled in the Program in connection with the marketing and promotion of the Program and our future products and oﬀerings, including but not limited to your name, image, voice, and testimonials you provide us with. You waive any right to payment, royalties, or any other compensation for the use of such images, audio recordings, or video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. You will hold us harmless, release, and forever discharge us from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have by reason of this authorization.
Any acknowledgment or credit of you in connection with the Program or Recording, if any, will be determined by us in our sole discretion.
Non-Disparagement: Each party will not make any false, disparaging, or derogatory statement in public or private regarding the other party, its employees, contractors, or agents.
Group rules: We value inclusivity. In order to have a successful group experience, the following actions are prohibited. If, in our discretion, you take any of the actions described below, you can be immediately removed from the Program, or removed from the live calls and or private Facebook group, and NO REFUNDS WILL BE GIVEN:
Upload or otherwise share with the other members of the Program or us any content that is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading, infringes the intellectual or other proprietary interests of third parties; contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Program or otherwise breaches or encourages other users to breach this Agreement.
Use or launch any automated system, including without limitation, “robots,” “spiders,” or “oﬄine readers,” to access the Program.
Attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy, or limit the functionality of the Program or our private Facebook group; Gain or attempt to gain unauthorized access to the Program or the private Facebook group including the networks or user accounts; or
Attempt to or engage in conduct that damages, disables, overburdens, or impairs our website, our private Facebook group, servers, or networks.
Personal Responsibility: You understand that you are 100% responsible for your own progress and results. We cannot make any guarantees as to the results, including financial or other gains, of the Program. You agree to take responsibility for your own results, and you understand that dissatisfaction with our independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned. If we recommend or refer you to a third-party service provider, for example a social media support person or virtual assistant, we are not responsible for their work. While we may describe eﬃcient ways to structure and run your business, we are not attorneys or accountants. You should consult with an attorney and an accountant for legal and tax advice.
This Program Is Not Therapy or Medical Treatment: You understand that the Program does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that this Program is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment or other professional advice, and it is your exclusive responsibility to seek such independent professional guidance as needed. You understand that we are not acting as a psychiatrist, psychologist, therapist, counselor, or social worker (“Mental Health Provider”), or a physician, physician’s assistant, advanced practice nurse or any other medical professional (“Medical Provider”), or a registered dietician or licensed nutritionist, or member of the clergy. We are not providing health care, medical or nutrition therapy services, or attempting to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Any advice given by us is not meant to take the place of advice by a licensed healthcare professional, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider. If you feel unwell, or otherwise in need of professional counseling or therapy, it is your responsibility to seek licensed professional help. If we reasonably believe that your needs are for licensed professional help and/or medical treatment, we reserve the right to cancel or postpone the Program until you receive or appropriate medical treatment. Always seek the advice of your Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about your or your child's specific health or any medications, herbs, or supplements you or your child are currently taking and before implementing any recommendations or suggestions from the Program. Do not disregard medical advice or delay seeking medical advice because of information you learn from the Program. Do not start or stop taking any medications without speaking to your Medical Provider or Mental Health Provider. The information contained in the Program has not been evaluated by the Food and Drug Administration.
Other Disclaimers: We do not warrant that access to our website, Facebook, or any third-party service provider we use to deliver the Program will be uninterrupted or error free. We are not liable for any default due to acts out of our control, including but not limited to - an act of God, pandemic, epidemic, civil unrest, terrorism, war, strike, fire, flood, hurricane, or industrial action. You agree to indemnify us and our employees, contractors, agents, oﬃcers and other designees for any claim arising directly or indirectly from your acts and omissions related to your involvement with the Program and use of our website and the private Facebook group.
We give no warranties with respect to any aspect of the Program, or any materials related thereto or oﬀered in connection with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaim all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability.
LIMITATION OF LIABILITY: IN NO EVENT WILL OUR LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT OF THE PROGRAM FEE.
Dispute Resolution: The Parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement through e-mail, telephone, or video communications (“Electronic Communications”). The Parties further agree that their respective good faith participation in any Electronic Communications in an attempt to resolve the dispute is a condition precedent to pursuing any other available legal or equitable remedy, with the exception of our right to enforce your payment obligations as set forth in this Agreement. If any legal action or other proceeding is brought for the enforcement of the Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Miscellaneous: This Agreement will not be construed to create any association, partnership, joint venture, employee or agency relationship between you and us for any purpose. This Agreement shall be construed according to the laws of the State of North Carolina and disputes arising from it will be handled exclusively in Mecklenburg County. In the event that any provision of this Agreement is deemed illegal or unenforceable, the remaining portions of the Agreement shall remain in full force. No waiver or forbearance by either Party of any rights under this Agreement precludes such party from exercising those rights in any other instance. The paragraphs titled Payment, Intellectual Property, Limitation of Liability, Disclaimers, Personal Responsibility and Non-Disparagement and Confidentiality, Rights to Record, Dispute Resolution, and any right or obligation of the parties in this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement. Neither party may assign this Agreement to any other party. Any notifications may be sent to the us via email at [email protected] with notice due upon receipt, notice may be sent to you at the billing address you provided when you paid for the Program, or alternatively at the email address you used to do the same. No invalidity, illegality or unenforceability of any provision herein shall aﬀect any other term or provision of this Agreement. This agreement constitutes the entire understanding between the
parties as to the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties.
By acknowledging that you understand and have read these terms, and alternatively by your participation in the Program, you acknowledge that: (1) you have received a copy of this Agreement; (2) you have had an opportunity to discuss the contents with us and, if desired, to have it reviewed by an attorney; and (3) you understand, accept and agree to abide by the terms hereof.