Begin With Balance
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Site Disclosure

TERMS OF USE

Last updated: 12/5/2022

These Terms of Use (“Terms”) govern your (“you” or “your”) use of the website located at www.beginwithbalance.com (hereinafter, the “Site”), which is owned and operated by BEGIN WITH BALANCE, LLC (“BEGIN WITH BALANCE”, “we”, “us”, “its” or “our”). Access and use of the Site is provided by BEGIN WITH BALANCE to you on condition that you accept these Terms of Use, and by accessing or using the Site, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use the Site.

BEGIN WITH BALANCE may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Site periodically. Your continued access or use of the Site after any such changes are posted will constitute your acceptance of these changes.

Privacy

Your use of the Site is governed by our Data Privacy and Use Policy (“Privacy Policy”), which is available on the Site. Your continued use of the Site constitutes acceptance of the terms of the Privacy Policy, including any and all changes made to the policy.

Communication Preferences

If you register with the Site, you consent to receiving service messages relating to your account, such as payment confirmations, account verifications and transactional notices. You also consent to receiving other communications from us such, as newsletters, special offers, announcements and surveys. You may opt out of some these additional communications by clicking on the “unsubscribe” links, as applicable, contained within such communications.

Geographic Restrictions

You may not be able to access all or some of the content and services of the Site outside of the United States and such access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you are responsible for compliance with local laws. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

Use of the Site

The Site and its contents (the “Content”) are intended for your own personal, non-commercial use by customers of BEGIN WITH BALANCE in accordance with these Terms and Conditions. You may not use this Site or the Content for any other purpose. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Content without, or in violation of, a written license or agreement with BEGIN WITH BALANCE; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any BEGIN WITH BALANCE product or service if you are not expressly authorized by such party to do so; (e) using technology or other means to access BEGIN WITH BALANCE’s proprietary information, unless such use is expressly authorized; (f) attempting to introduce viruses, trojans, worms, malware, or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (g) creating derivative works from or otherwise exploit the Content in any way; (h) encouraging conduct that would constitute a criminal offense, or would give rise to civil liability; (i) using the Site or the Content other than for its intended purpose, as determined solely in BEGIN WITH BALANCE’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information; (j) interfering with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site; and (k) violating any other provision of these Terms of Use or the terms of the Privacy Policy.

Information and Press Releases

The Site may contain information, news, and press releases in connection with its Content. As further elaborated below, the Site and its Content are provided “AS IS.”  Without limiting the foregoing, BEGIN WITH BALANCE disclaims any duty or obligation to update any Content. Information about third parties contained in the Content should not be relied upon as being provided or endorsed by us.

Content Posted on the Site

The Site may contain social networking components and interactive features, including, but not limited to blogs, chat groups, bulletin boards, news groups, as well as, the display of content from linked third-party websites, which may allow you to submit, transmit or post information, including but not limited to audio recordings, video recordings, writings, and/or images. We may monitor content posted on the Site, but are under no obligation to do so. You may be exposed to content on the Site that is inaccurate or deceptive, or that you find offensive or objectionable.

We may remove any Content for any or no reason in our sole discretion.

Intellectual Property

All Content (including the organization and presentation of such Content) on the Site are the property of BEGIN WITH BALANCE and/or its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade-names, internet domain names, and other similar rights.  Unless you have entered into a separate agreement with BEGIN WITH BALANCE, any use not expressly set forth herein of this Content without BEGIN WITH BALANCE’s written permission is prohibited.

BEGIN WITH BALANCE, BEGIN WITH BALANCE PRESS, and any other trademark, service mark, trade dress, and/or other indicia of source contained in the Site (“Marks”) are owned by BEGIN WITH BALANCE, its affiliates, suppliers, or licensees or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BEGIN WITH BALANCE or the applicable Mark holder. You may not use metatags or any other “hidden text” utilizing “BEGIN WITH BALANCE” or any other Mark without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is owned by BEGIN WITH BALANCE and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Currency of Site

BEGIN WITH BALANCE updates the information on this Site regularly. However, BEGIN WITH BALANCE cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the Site. BEGIN WITH BALANCE may revise, supplement or delete information, services and/or the resources contained in the Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked Third-Party Materials

The Site may display, include or make available third-party content, including data, information, applications and other products services and/or materials (“Third Party Materials”). Such Third Party Content may be referenced by links on the Site, through third-party advertising, and by other methods which make such materials available to users. The inclusion of these Third-Party Materials and links thereto does not imply that BEGIN WITH BALANCE monitors or endorses these links or Third Party Material. You acknowledge and agree that BEGIN WITH BALANCE is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect thereof. BEGIN WITH BALANCE does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third-parties’ terms and conditions. Once you choose to link to another site, you should read and understand that site’s privacy statement before disclosing any personal information.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Site.

BEGIN WITH BALANCE shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any of the Content from this Site. BEGIN WITH BALANCE recommends that you install appropriate anti-virus or other protective software.

DISCLAIMER: Site and Materials Provided “As Is”

THIS SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

YOU UNDERSTAND THAT A REGISTERED DIETITIAN IS CREATING THE CONTENT ON THIS SITE AND THAT THE CONTENT IS NOT CUSTOMIZED FOR ANY INDIVIDUAL AND IS PRESENTED WITHOUT ANY TYPE OF HEALTH ASSESSMENT OR KNOWLEDGE OF ANY INDIVIDUAL HEALTH CONDITIONS. YOU UNDERSTAND THAT IN NO WAY DOES THE SITE PROVIDE MEDICAL ADVICE AND THAT NO MEDICAL ADVICE IS CONTAINED WITHIN THE SITE OR THE SERVICES PROVIDED.

YOU UNDERSTAND THAT SOME OF THE NUTRITION INFORMATION ON THIS SITE IS NOT UNIVERSALLY ACCEPTED AS EVIDENCE–BASED PRACTICE AND IS NEITHER SPONSORED, APPROVED, RECOMMENDED OR ENDORSED BY THE USDA (UNITED STATES DEPARTMENT OF AGRICULTURE), FDA (FOOD AND DRUG ADMINISTRATION), NIH (NATIONAL INSTITUTES OF HEALTH), AHA (AMERICAN HEART ASSOCIATION), ADA (AMERICAN DIABETES ASSOCIATION), OR AND (ACADEMY OF NUTRITION AND DIETETICS). THE INFORMATION ON THIS SITE IS NOT INTENDED AS MEDICAL ADVICE, MEDICAL NUTRITION THERAPY, OR INDIVIDUALIZED NUTRITION COUNSELING/COACHING. 

FROM TIME TO TIME BEGIN WITH BALANCE WILL PROVIDE LINKS TO THIRD-PARTY AFFILIATES.  BEGIN WITH BALANCE MAY RECEIVE A SMALL PERCENTAGE IF YOU MAKE ANY PURCHASE FROM THOSE THIRD-PARTY AFFILIATES.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE CONTENT INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL BEGIN WITH BALANCE OR ANY OF ITS DIRECTORS, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) U.S. DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold BEGIN WITH BALANCE harmless against all claims or liability asserted against BEGIN WITH BALANCE arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Notice and Procedure for Making Claims of Infringement/Digital Millennium Copyright Act

BEGIN WITH BALANCE respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide BEGIN WITH BALANCE with a written communication including substantially the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please address your letter to:

[email protected]

 

Feel free to email [email protected].  However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. BEGIN WITH BALANCE is not liable for any damages related to communications to or from the Site. You agree with respect to any information provided by you to us through this Site or via e-mail that:

  • BEGIN WITH BALANCE has no obligation concerning such information;
  • the information is non-confidential;
  • BEGIN WITH BALANCE may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
  • the information is truthful and disclosure of the information does not violate the legal rights of others.

Applicable law

The Site is controlled, operated, and administered by BEGIN WITH BALANCE from within the state of Kansas. This Site can be accessed from all states of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the state of Kansas, by accessing this Site, you acknowledge and agree that all matters relating to access to, or use of this Site shall be governed by the laws of the state of Kansas and the federal laws of the United States applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Johnson County, Kansas and acknowledge that you do so voluntarily.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

General

BEGIN WITH BALANCE’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

Contact

If you have concerns relating to this Site or these Terms of Use, please contact BEGIN WITH BALANCE at [email protected].