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Terms & Conditions

Disclaimer

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 are located
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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 agreement to the following terms and conditions. The following terms of use 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 law.

3. Privacy Policy
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 information. 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.

4. Security
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
Brooklyn,
NY 11226.


Phone: 718-576-1343

Toll Free: 1-866-299-6373

Fax: 718-282-5152

E-mail:  sales@balancedformula.com

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 for details).

5.3 Cookies
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. We do use cookies to help diagnose problems with our server, to administer our Web site, to help identify visitors and to gather broad demographic information. We also use cookies to deliver content specific to your interests and to save passwords so you do not have to re-enter them each time you visit this site. 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.

5.4 Links
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 limitation.

7. Etiquette
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 permission.

8. Indemnification
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
If a dispute arises out of or relates to these Terms of Use, or the breach 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 Terms of Use, or the breach thereof, shall be settled by arbitration 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 condition. 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.


 
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