801.361.8589 [email protected]

TERMS OF SERVICE

TERMS OF PARTICIPATION

Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by Balance Health and Healing, LLC. (“Company”, “we”, or “us”) and You (“User” or “You”) agree to the following terms stated herein.

PROGRAM/SERVICE

Balance Health and Healing, LLC (herein referred to as “Balance Health and Healing, LLC” or “Company”) agrees to provide Program, “Confidence to Lead” (herein referred to as “Program”) identified in online commerce shopping cart. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the Program, the Company shall provide the following to Student:

A Password Protected Program Site Area: The Company shall maintain a Program Area that will include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have access to this Program Area for as long as the Program Area exists, unless you or we terminate your subscription. In the event that Company intends to close the Program Area, it shall provide clients with a 30-day notice and the ability to download the resources contained in the Program Area, which is what is referred to as “Lifetime Access” in our marketing materials.

Program Participant Facebook Group: The Company shall create and maintain a closed Facebook group for students of the Program. This is a community run group, meaning that students are encouraged to help each other. The Company employs a Community Team, who is charged with overseeing the group and ensuring that it runs smoothly.

From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Program and they vary depending on specific live and automated promotions throughout the year.

DISCLAIMER

User understands Dr. Melissa Smith (herein referred to as “Instructor”), any invited Contributors (herein referred to as “Contributors” and Program are NOT and will not at any time provide any medical or mental health services including mental health assessment, intervention, or treatment. User should not consider Program mental health assessment, treatment, or intervention. All components of Program and all functions of Instructor and Contributors are strictly in an educational role and should not be construed as anything otherwise. User understands Instructor and Contributors have not promised, shall not be obligated to and will not (1) conduct mental health assessment and/or treatment; (2) facilitate mental health assessment and/or treatment; (3) consult with User mental health treatment providers as such.

If a User has a separate relationship(s) with one or more Instructors, Contributor, and/or Balance Health and Healing, LLC separately from User’s participation in Program, User understands that User’s separate relationship(s) with Instructor(s), Contributor(s), and/or Balance Health and Healing, LLC, shall remain separate and distinct from User’s participation in Program. If such separate relationships exist between parties, separate agreements exist apart from this agreement delineating the terms of those professional relationships and should be consulted by User. User understands that use of Program does not establish or constitute a doctor-patient or therapist-client relationship. User understands that a relationship does not exist between the parties after the conclusion of this Program. If the Parties wish to continue their relationship at the conclusion of the Program, they shall execute a separate agreement.

FEES

In consideration of Your access to the Program, you agree to pay the Program Fees listed on the checkout page, either a one-time fee or recurring monthly fees that are due and will be charged to your credit card on the same calendar day each month based on the payment plan you choose on the Program checkout page. In the event that any payment is not made by the due date, the Company shall immediately suspend your access to the Program.

METHODS OF PAYMENT

You give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fees, you must provide a new eligible payment method promptly or your Program access will be removed.

You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

CANCELLATION POLICY

We want you to be satisfied with your purchase, but we also want you to commit yourself to the Program as this will make it a successful endeavor for you. The Company provides a 30-day money-back guarantee for the Program. That money-back guarantee is governed by the following terms.

In order to qualify for a refund you must submit proof that you did the work in the Program and it did not work for you. In the event that you decide your purchase was not the right decision, within 30 days of the first module being released, contact our support team at [email protected] and let us know you’d like a refund by the 30th day at 11:59 EST. You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 30th day, you will not be granted a refund.

The work that you need to submit with your request for a refund includes ALL of the following items:

  • Requirement 1:  Complete the Pursue What Matters Worksheet in its entirety.
  • Requirement 2: Complete the Accountability and Alignment on Your Path Resource in its entirety.
  • Requirement 3: Attach screenshots of your planner (digital or analog) utilizing the Pursue What Matters Process.
  • Requirement 4: Tell us why this Program was not a good fit for you and your needs. What did you expect that you did not get once inside the program?

We will NOT provide refunds for any request that comes more than 30 days following the date of purchase. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program.

Please note: If you opted for a payment plan and you do not request a refund within 30 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

All refunds are discretionary as determined by Balance Health & Healing, LLC. To further clarify, we will not provide refunds for requests made after the 30th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: [email protected]

USERNAME AND PASSWORD

To access certain features of the Program, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy

CONSENT

Use of Program by Minors. Children under 18 or the age of majority in their jurisdiction of residence (“Minors”) may use Program but use by such Minors shall only be done with the guidance, supervision, and consent of their parents, guardians, and/or authorized school officials. We rely on parents and guardians to ensure Minors only use Program if they can understand their rights and responsibilities as stated in the TOS. If you are a parent or guardian and you provide your consent to a Minor’s use of Program, you agree to be bound by the Minor’s use of Program and by the TOS.

CONFIDENTIALITY

The Company respects the privacy of its users and will take reasonable steps not to disclose any information you provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information.

Any Confidential Information shared by Program participants or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Program participant who discloses it.

Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure and misuse. Instructor and Contributors will not, at any time, either directly or indirectly, disclose confidential information to any third party except where required by law.

You agree not to violate the Company’s publicity or privacy rights. Furthermore, you will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with users including but not limited to: names, email addresses, third-party company titles or positions, phone numbers or addresses.

Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to you in the Program with anyone other than the Company, its owners and employees, and other Program participants.

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.

By posting or submitting any material in the Program, such as questions, comments, posts, photos, images, videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Program or other content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program at any time for any reason.

We will request your advance permission to use any photographs, videos, and or/audio recordings in which your face is recognizable, or to identify you by full name as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or us, for any purposes, including commercial purposes and advertising in connection with use of any of your content.

NO TRANSFER OF INTELLECTUAL PROPERTY; RESTRICTIONS ON USE OF COMPANY INTELLECTUAL PROPERTY

All content included as part of the Program, such as text, graphics, logos, images, videos, worksheets, and guides, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, you agree to observe and abide by all copyright and other intellectual property protections.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that you will not copy, sell, display, distribute, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.

The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

Your use of any materials found in the Program other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Program, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.

You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.

USER RESPONSIBILITY

Program is developed for strictly educational purposes ONLY. You accept and agree that you are 100% responsible for your progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. You understand that because of the nature of the Program and extent, the results experienced by each user may significantly vary. You acknowledge the Program is not a substitute for, nor should it be considered, psychotherapy treatment.

Some information and material discussed in the Program may be upsetting and you should use discretion in determining the extent to which you interact with the material in the Program. It is your responsibility to seek professional mental health treatment if needed. Some educational content provided in the Program may not be suitable for all audiences. Minors should have the guidance, approval and consent of their parents or guardians. User discretion is advised. If you are a parent or legal guardian of someone enrolling in this Program, review the educational material to ensure you are comfortable with the content being discussed or contact us directly at [email protected] Company assumes no responsibility for errors or omissions that may appear in any Program materials.

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide User with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as professional advice.

FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

SEVERABILITY/WAIVER

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

MISCELLANEOUS

You agree to absolve and do hereby absolve the Company, including Instructor, Contributors, Affiliates, Officers, and/or Employees, of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damage, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

The information, software, products, and services included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, research, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, research, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

User understands that Program, including Instructor, Contributors and Employees, does not at any time provide medical or mental health assessment, treatment, or intervention. You understand that all Program activities are strictly for educational purposes only. You understand that use of Program does not establish or constitute a doctor-patient or therapist-client relationship.

NON-DISPARAGEMENT

The Parties agree and accept that the only venue for resolving any dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither User nor any of User’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

ASSIGNMENT

User may not assign this Agreement without expressed written consent of Company.

MODIFICATION

Company may modify terms of this agreement at any time. All modifications shall be posted on the Program website and it is your responsibility to check the website periodically for changes. Your continued use of or access of Program following the posting of any changes to these Terms of Services constitutes acceptance of those changes.

TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees in the event of such termination. The restrictions imposed on you in these Terms with respect to the Program intellectual property will still apply now and in the future, even after termination by you or the Company.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

RESOLUTION OF DISPUTES

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Lindon, UT.

ENTIRE AGREEMENT

The failure of Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

Company Terms of Service and any policies or operating rules constitute the entire agreement and understanding between you and the Program and govern your use of the Program, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Company (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

These Terms of Service and any separate agreements whereby the Company, including Instructor or Contributors, provide you Services shall be governed by and construed in accordance with the laws of the State of Utah.

September 2020