TERMS AND CONDITIONS
This website is operated by The Balanced Berry, LLC. Throughout the site, the terms “we”, “us” and “our” refer to The Balanced Berry, LLC. The Balanced Berry, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
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OVERVIEW
This Agreement sets forth the terms of purchase of Services (“Product/Program/Membership/eBook”) from The Balanced Berry, LLC. These Services may include but are not limited to:
- Balanced Body Bootcamp
- Balanced Body Reset
- The Strength Collective Monthly Membership
- Balanced Body Blueprint
- Holiday Slay eBook
- Personalized Health Coaching
By placing your Order with The Balanced Berry, LLC, by clicking “accept/purchase/order now,” or by using the Services, you agree to be bound by this Agreement. If you do not agree with these terms, you should leave The Balanced Berry, LLC website and discontinue use of the Services immediately.
In these terms and conditions, “We/us/our/[d/b/a]” means The Balanced Berry, LLC. “You/your” means you as a user of the Website and/or Customer of the Program/Services.
SERVICES
- Balanced Body Bootcamp. The Services include an online fitness Program. The Program content will be delivered as follows: online through the Program website, fitness mobile application, audio lessons, and live coaching calls. Purchase of this Program also includes membership site access. You will use a unique username and password that should only be accessed by you to use the Content. Sharing login information, call-in numbers, passwords, and protected links with non-members is prohibited and will result in removal from the program.
- The Strength Collective Monthly Membership. The Services include (but are not limited to) the following: a monthly recurring membership with four weeks of workouts. The program content will be delivered as follows: each month members receive workouts via their mobile application. Your purchase includes mobile application access where you will use a unique username and password that should only be used by you to access the Content. Sharing log-in information, call-in numbers/URLs, passwords, and protected links with non-members is prohibited and will result in removal from the program. (See refund policy below for cancellation details).
- Balanced Body Blueprint. The Services include an online wellness Program that includes weekly meal prep plans, weekly workouts via PDF/mobile application, and audio training lessons. The Program content will be delivered as follows: online through the Program website, and live coaching calls. Purchase of this Program also includes membership site access. You will use a unique username and password that should only be accessed by you to use the Content. Sharing login information, call-in numbers, passwords, and protected links with non-members is prohibited and will result in removal from the program.
- The Holiday Slay eBook Program. The Product (or multiple purchases of the Product) includes a digital PDF download. Your eBook purchases will be automatically downloaded and accessible via Gumroad. Sharing download information and protected links with non-buyers is prohibited and will result in removal from the program. Purchase of EBOOK is non-refundable and non-transferable.
- Personalized Health Coaching. The Services include two (2) monthly coaching sessions and unlimited email support between the client and The Balanced Berry, LLC.
PAYMENT POLICY
Payment is required before beginning the program, as indicated on your Order form, and may be a one-time fee, or a monthly or other recurring fees, as applicable. Please check the details of your Order form or Order page for the information specific to your program. You agree to pay the amount agreed (including additional fees on the Order form or Order page) and not to cancel this transaction with your bank or credit card company. The Balanced Berry, LLC is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. Fees for Services may be pre-paid or by installment, as indicated on your Order form. Failure to make an installment payment will result in suspension or termination of the Services. The Balanced Berry, LLC does not guarantee any specific results from use of the Services. The Balanced Berry, LLC does not make any representations or warranties as to specific outcomes or results.
TERM
This Agreement will be effective consistent with the term indicated on your Order form or Order page. Failure to pay for the Product or Program or Services consistent with the program requirements will result in termination of the Program prior to the end of the applicable term, and your access to Program materials or ongoing Services will be discontinued. Additional fees may be accrued in the event you continue to access the Program website or continue to use the Services after any failure to pay for said services.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE ANY OF THE SERVICES IS AT YOUR SOLE RISK.
The contents of programming provided by The Balanced Berry, LLC should not be taken as medical advice. It is not intended to diagnose, treat, cure, or prevent any health problem – nor is it intended to replace the advice of a physician. Always consult your physician or qualified health professional on any matters regarding your health. By participating in this program, you are agreeing to accept full responsibility for your actions. All documents included or exchanged between The Balanced Berry, LLC and its members and clients are that of The Balanced Berry, LLC and are not to be copied, sold, or redistributed without the consent of The Balanced Berry, LLC.
By purchasing this program, you accept and are bound by these terms and conditions without limitation, qualification or change. You represent that you have read and agreed to these terms and conditions at all times while using this program. You must be at least 18 years of age to access the materials distributed by The Balanced Berry, LLC. To access and use your account on the Balanced Berry Fit Trainerize App/Website, you warrant that you are at least 18 years old.
REFUND POLICY
- Balanced Body Bootcamp. We are confident that you will reap the rewards and benefits of this program, however, you may put it into action that we offer the following refund policy: if you complete all the core pieces of training of the program in the membership area, and complete program workouts, document results, AND are still not satisfied with the results of your program, a refund may be issued within 30 days of the purchase date. We will require proof of action taken consistent with the program. No refunds will be issued after 30 days of purchase date. If you are requesting a refund, please contact us by emailing hello@thebalancedberry.com with the words “PROGRAM REFUND” in the subject line and include proof of training module completion and completed workouts. We reserve the right, at our sole discretion, to grant or deny any refund request.
- The Strength Collective Monthly Membership. We are confident that you will reap the rewards and benefits of this membership, however, you may put it into action that we offer the following refund/cancellation policy: we will cancel your membership at any time with a required written 30 day cancellation notice. No refunds will be given for prior payments made. Upon cancelling your membership, you will forfeit your access to the membership including all workouts, mobile application access and bonus content. Again, no refunds will be issued for any payments previously made. If you are requesting a cancellation of your membership, please contact us by emailing hello@thebalancedberry.com with the words “MEMBERSHIP CANCELLATION” in the subject line.
- Balanced Body Blueprint. We are confident that you will reap the rewards and benefits of this program, however, you may put it into action that we offer the following refund policy: if you complete all the core trainings of the program in the membership area, and complete program workouts, document results, AND are still not satisfied with the results of your program, a refund may be issued within 30 days of the purchase date. We will require proof of action taken consistent with the program. No refunds will be issued after 30 days of purchase date. If you are requesting a refund, please contact us by emailing hello@thebalancedberry.com with the words “PROGRAM REFUND” in the subject line and include proof of training module completion and completed workouts. We reserve the right, at our sole discretion, to grant or deny any refund request
- The Holiday Slay eBook. The Product (or multiple purchases of the Product) is NON REFUNDABLE and all sales are final.
- Personalized Health Coaching. Health coaching Services are non-refundable, and payment is expected for the duration of time outlined per Client agreement. Clients reserve the right to not extend services at the end of the agreement.
MODIFICATION
The Balanced Berry, LLC may modify this Agreement from time to time and without notice. You agree to be bound by the terms of this Agreement and any future modifications when such modifications are posted to The Balanced Berry, LLC website. You should review this Agreement regularly during the use of the Product or Program or Services to keep apprised of any changes.
INTELLECTUAL PROPERTY
All materials provided to you as part of your Product or Program or Services which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of The Balanced Berry, LLC. You may not reuse, perform, modify, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of The Balanced Berry, LLC. All trademarks, logos, and service marks displayed on any materials provided as part of your Product or Program or Services under this Agreement are protected by US and International copyright and Intellectual Property laws. Access to any materials or content online or otherwise as part of the Product or Program or Services subject to this Agreement should not be construed as granting any license or right to use said content, including trademarks, logos and service marks of The Balanced Berry, LLC or any third-party.
INDEMNITY
You agree to indemnify, defend and hold harmless The Balanced Berry, LLC, its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the Services causes The Balanced Berry, LLC to be liable to a third party.
VOIDABILITY
This Agreement cannot be voided by not logging in to the Member or Program website, or fitness mobile application, where applicable, by not accessing or using the Services as delivered, or in any other way attempting to avoid viewing or taking delivery of the Product or Program or Services as outlined. These actions will not void your Agreement or permit you the right to a refund.
ENTIRE AGREEMENT
This Agreement represents the entire understanding and agreement of the parties relating to the Product or Program or Services purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Product or Program or Services, are of no further force and effect. In order to participate in certain portions of the Product or Program or Services, you may be notified that you may be required to agree to additional terms and conditions as the program is revised over time. You may receive a copy of this Agreement at any time by emailing The Balanced Berry, LLC at hello@thebalancedberry.com and requesting a copy of your “Program Terms of Purchase.”
CONTACT
If you have any questions regarding this Agreement or any aspect of our services, please contact The Balanced Berry, LLC at hello@thebalancedberry.com.
