Terms - The Beauty in Balance

Body Balance and Beyond – Terms and Conditions

Effective Date: April 12, 2025

Welcome to Body Balance and Beyond! These Terms and Conditions (“Terms”) govern your use of the Body Balance and Beyond website (the “Site”) and any content, digital products, services, or coaching sessions offered by Body Balance and Beyond (“Company,” “we,” or “us”). By accessing or using our Site and services, you agree to be bound by these Terms, as well as our Privacy Policy and Disclaimer which are hereby incorporated by reference. If you do not agree with any of these Terms, you should stop using this website immediately.

Throughout these Terms, “you” refers to any individual or entity accessing or using the Site or our services. Please read these Terms carefully before using our Site. If you have any questions, you can contact us using the information at the end of this document.

1. Acceptance of Terms and User Obligations

1.1. Eligibility: By using this Site, you represent that you are at least 18 years old (or the age of majority in your jurisdiction). If you are under 18, you may use the Site only with involvement of a parent or guardian. Body Balance and Beyond does not knowingly provide services to children under 13 (see our Privacy Policy’s Children’s section).

1.2. Acceptance: Your access to and use of the Site constitutes your acceptance of these Terms and your agreement to abide by them. These Terms apply to all visitors, users, customers, and others who access the Site or purchase/use our products or services. If you do not agree to these Terms, you must not use the Site.

1.3. Changes to Terms: We reserve the right to modify or replace these Terms at any time at our discretion. If we make material changes, we will post the updated Terms on this page and update the “Effective Date” above. It is your responsibility to review these Terms periodically for updates. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

1.4. Additional Agreements: When you purchase certain products or services (such as coaching packages or digital courses), you may be asked to agree to specific terms of sale or service agreements. Those additional terms will apply to your purchase and will prevail over these general Terms in the event of a conflict. However, in all cases, our Disclaimer and limitations of liability in these general Terms will apply to the fullest extent.

2. Permitted Use of Site and Content

2.1. License to Use Site: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Site and its content for your own personal, non-commercial use, strictly in accordance with these Terms. This means you may view, download, and print content from the Site solely for your personal educational and informational purposes. No other use is permitted.

2.2. Prohibited Uses: You agree that you will not use the Site or its content for any unlawful purpose or any purpose prohibited by these Terms. This includes (but is not limited to) the following prohibitions:

No Unauthorized Distribution: You will not copy, reproduce, republish, upload, post, transmit, or distribute any part of the Site or content (including text, images, videos, PDFs, or other materials) to any other computer, server, website, or other medium for publication or distribution without our prior written consent. (Sharing our blog posts via provided social media share links or quoting small portions with attribution is allowed, but wholesale copying is not.)
No Modification or Derivatives: You will not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software, content, or services obtained from the Site. Attempts to derive source code or underlying ideas from any portion of the Site are prohibited.
No Harmful Interference: You will not use the Site in any manner that could damage, disable, overburden, or impair the Site’s functioning or interfere with any other party’s use and enjoyment of the Site. This includes not introducing viruses, malware, or any other code that is malicious or technologically harmful.
No Unauthorized Access: You will not attempt to gain unauthorized access to any portion of the Site, other user accounts, or any systems or networks connected to the Site (e.g., by hacking, password “mining” or any other illegitimate means).
No Unlawful Activity: You agree not to use the Site to engage in any activity that is illegal, fraudulent, or violates the rights of others. This includes harassing others, transmitting unlawful content, or impersonating someone else.
No Data Mining or Scraping: You shall not use any automated system (like robots, spiders, or offline readers) to access the Site for scraping, data extraction, or similar purposes, except if such access is strictly necessary for search engine indexing or if explicitly permitted by us.

Violation of these prohibited uses may result in termination of your right to use the Site (see Section 8 below) and may subject you to legal action.

2.3. User Account Security: If you create an account on our Site (for example, to make purchases or access member-only content), you are responsible for maintaining the confidentiality of your login credentials. You agree to provide truthful and accurate information when creating an account, and to update it if it changes. You are responsible for all activities that occur under your account. Please notify us immediately of any unauthorized use of your account or security breach. We are not liable for any loss or damage arising from your failure to safeguard your account information.

3. Intellectual Property Rights

3.1. Ownership of Content: All content on this Site – including text, graphics, logos, button icons, images, videos, downloads, digital products, blog articles, design, software, and other material – is the property of Body Balance and Beyond or its content suppliers and is protected by United States and international intellectual property laws (including copyright, trademark, and trade secret laws). This includes the compilation of all content (meaning the collection, arrangement, and assembly of all materials on this Site) which is the exclusive property of Body Balance and Beyond.

Trademarks: “Body Balance and Beyond” and our logo are trademarks/service marks of our Company. All other product or company names mentioned on the Site may be trademarks of their respective owners. You are not granted any right or license to use any trademarks by virtue of accessing the Site.

3.2. Your Use of Our Content: You may not copy, reproduce, distribute, publicly display, or create derivative works from our content without prior written permission from us, except as expressly permitted under Section 2.1 (personal non-commercial use). Specifically, you agree not to reproduce or resell any of our digital products, e-books, videos, or course materials. Purchase or access of a digital product grants you a single-user license for personal use only. You must not share your download links or files with others, upload our materials to file-sharing networks, or otherwise redistribute them. We actively enforce our intellectual property rights to protect our content from unauthorized use.

3.3. Copyright Infringement (DMCA) Policy: We respect the intellectual property rights of others and expect users to do the same. If you believe that any content on our Site infringes your copyright, please notify us in writing with the following information: (a) identification of the copyrighted work you claim is infringed; (b) identification of the material you claim is infringing and its location on our Site; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized; (e) a statement, under penalty of perjury, that the information you provided is accurate and you are the copyright owner or authorized to act on their behalf; and (f) your physical or electronic signature. Upon receiving a valid infringement notice, we will remove or disable access to the allegedly infringing content and follow the processes required by law (such as the Digital Millennium Copyright Act in the U.S.).

3.4. User-Generated Content: (If applicable) Our Site may allow users to post comments or submit content (for example, commenting on blog posts). By submitting any content, you grant Body Balance and Beyond a worldwide, non-exclusive, royalty-free license to use, reproduce, and distribute your content for the operation of the Site (for example, displaying your comment). You represent that you have the rights to any content you post and that it does not violate the rights of any third party. We reserve the right (but not the obligation) to remove or edit user-submitted content for any reason in our sole discretion, including if we believe it violates these Terms or is offensive, illegal, or harms the rights of others.

4. Purchasing Digital Products and Services

Body Balance and Beyond may offer digital products (such as e-books, downloadable guides, online course materials) and coaching services (such as one-on-one wellness coaching sessions or group workshops) for sale through the Site. The following terms apply to any purchases:

4.1. Pricing and Payment: All prices are listed in U.S. dollars unless otherwise noted. Prices and availability of products/services are subject to change without notice. When you place an order or sign up for a service, you agree to pay the listed price (and any applicable taxes or fees) at the time of purchase. Payments are processed via our third-party payment processors, which are responsible for securely handling your payment information. You must provide current, complete, and accurate billing information. If your payment method is declined or your payment is otherwise not received, we may cancel your order or suspend delivery of the product/service.

4.2. Digital Products (E-books, Online Courses, Downloads):

Delivery: Upon successful payment, digital products will generally be delivered electronically. This may be via an email with a download link, access through an online portal, or an immediate download on the checkout page. If you encounter any issues accessing your digital purchase, please contact us and we will ensure you receive the product you paid for.
License for Use: When you purchase a digital product, you are buying a single-user license. The content is for your personal use only. You agree not to share, distribute, or resell the digital product files to anyone else, either for free or for compensation. For instance, if you purchase an e-book PDF, you should not email it to friends or upload it online. Each person must purchase their own license. We appreciate your honesty and respect for our work.
No Refund Policy (Digital Products): All sales of digital products are final. Due to the intangible and irrevocable nature of digital goods (once you receive the file, we cannot prevent its use), we generally do not offer refunds on digital product purchases. Please review the product description and requirements carefully before purchasing. If you have questions about whether a product is right for you, contact us before buying. In the unlikely event that a digital file is defective or corrupt, we will provide a replacement file. We may consider refund requests on a case-by-case basis in extenuating circumstances, but we are not obligated to do so.
Technology Requirements: It is your responsibility to ensure you have the necessary technology (hardware, software, Internet access) to download and use the digital product. We are not responsible if you purchase a product and then cannot access it due to incompatible software or device limitations on your end. (For example, if you buy a video course, you need a device that can play streaming or downloaded video files.) We provide products in common formats (PDF, MP4, etc.) and support will be given to help resolve technical issues with accessing our files. However, by purchasing, you acknowledge that you have or can obtain the necessary technology.

4.3. Coaching Services:

Scheduling and Delivery: Coaching sessions (whether individual or group) will be scheduled by mutual agreement. Sessions may be conducted via phone, video call, or in-person if applicable. You are responsible for attending sessions on time. If you need to reschedule, please provide at least 24 hours notice whenever possible.
Cancellation Policy (Coaching): We understand that sometimes conflicts arise. If you must cancel or reschedule a coaching session, please do so with sufficient advance notice. Cancellations made less than 24 hours before a scheduled session (or no-shows) may be forfeited without refund, at our discretion, because it may be difficult to fill that time slot on short notice. We will make reasonable efforts to reschedule sessions that you cancel with adequate notice. If Body Balance and Beyond needs to reschedule (due to coach illness or emergency), we will notify you as soon as possible and offer alternative times.
Refund Policy (Coaching): Coaching fees typically cover our time and expertise and often involve preparatory work outside of the sessions. Therefore, payments for coaching sessions or packages are generally non-refundable once the coaching has begun. If you purchase a multi-session coaching package and choose not to use all the sessions, we are not obligated to provide a refund for the unused sessions. In some cases, if you are unsatisfied and no longer wish to continue, we may at our sole discretion provide a partial refund for unused sessions, but this is evaluated individually. Any upfront deposits for reserving coaching slots are also non-refundable, unless we cancel the service. Our goal is client satisfaction, so we will work with you to address concerns rather than see you walk away unhappy.
Client Responsibilities: As a coaching client, you acknowledge that coaching is a collaborative process. Your commitment and openness will largely determine the outcomes. There are no guarantees in coaching, as success depends on your effort, follow-through, and personal circumstances, among other factors. You agree to engage fully in the process, be honest, and communicate feedback. Coaching is not therapy or medical treatment; our coaches do not diagnose or treat health conditions (see Disclaimer). Any action you take based on coaching is at your own risk, and you should consult appropriate professionals as needed (e.g., a therapist, doctor, or lawyer for issues beyond the scope of coaching).
Termination of Coaching: We reserve the right to terminate a coaching relationship if a client repeatedly violates agreements (for example, persistent no-shows or inappropriate behavior), or if we feel we are unable to help the client. In such cases, we will discuss the reasons with you. If termination happens and you have paid for future sessions, we will refund any fees for services not yet delivered.

4.4. Product Descriptions: We strive to describe our products and services accurately. However, we do not warrant that descriptions or other content are error-free, complete, or current. If you purchase a product and find that it was not as described, your sole remedy is to contact us for clarification or support. (For physical products, if we ever offer them, returns would be addressed in a separate policy. Currently, our offerings are digital/services.)

4.5. Promotions and Coupons: From time to time, we may offer promotional codes, discounts, or special offers. These are subject to the specific terms of the promotion. Generally, promotions cannot be combined and are valid only for the period stated. We reserve the right to modify or cancel promotions at any time.

5. Disclaimer of Warranties

5.1. “As Is” Basis: Body Balance and Beyond provides the Site, content, digital products, and services on an “as is” and “as available” basis. While we strive for excellence, we make no warranties or representations of any kind, express or implied, about the accuracy, reliability, suitability, or availability of the Site or the information, products, or services included on the Site. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

5.2. No Guarantee of Results or Outcomes: Body Balance and Beyond does not guarantee any specific results from the use of our Site or services. All wellness and coaching information provided is general in nature. You understand that implementing lifestyle changes or using our guidance is voluntary and results will vary among individuals. Any success stories or testimonials are anecdotal and do not imply a guarantee of similar outcomes. You use the information and services at your own discretion. (See our full Disclaimer above, which applies here as well.)

5.3. Availability and Technical Issues: We do not warrant that the Site will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. While we aim to maintain uptime, we may experience technical difficulties or need to perform maintenance that makes the Site inaccessible. We are not responsible for any issues arising from your equipment, Internet connection, or third-party services (like platform downtimes) that may affect your access to the Site or products.

5.4. Accuracy and Completeness: The information on the Site (blog posts, guides, etc.) is for general informational purposes. We try to keep content current and accurate, but we make no warranty that all information is completely up-to-date or free of errors. Health and wellness research evolves, and personal situations vary. Always verify critical information independently and consult professionals for personalized advice. If you find an error or an important update, we welcome feedback but are not liable for any out-of-date content.

5.5. Third-Party Sites and Services: We sometimes link to or incorporate third-party content or use third-party services. We do not warrant or endorse any third-party information, products, or services. Your use of third-party sites or services is at your own risk and subject to their terms.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not fully apply to you. In such cases, any implied warranties are limited to the minimum scope and duration permitted by applicable law.

6. Limitation of Liability

6.1. Exclusion of Certain Damages: To the maximum extent permitted by law, Body Balance and Beyond and its owners, affiliates, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever arising out of or related to your use of (or inability to use) the Site or services. This includes, without limitation, damages for lost profits, lost data, business interruption, personal injury, pain and suffering, emotional distress, or similar harms, even if we have been advised of the possibility of such damages.

6.2. Cap on Liability: To the fullest extent permitted by law, our total liability to you for any direct damages shall not exceed the total amount paid by you to Body Balance and Beyond in the six (6) months preceding the event giving rise to the claim (or $100 if no payments have been made, as a reasonable allocation of risk). For example, if you paid $50 for a course, and you have a claim related to that course, our liability would be limited to $50.

6.3. Release of Liability: You hereby release Body Balance and Beyond from any and all claims or causes of action, known or unknown, arising out of your use of the Site or our products/services. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release, which if known by them would have materially affected their settlement with the debtor.”

6.4. Basis of the Bargain: You acknowledge that we offer our website and services and set our prices in reliance on the warranty disclaimers and limitations of liability set forth in these Terms, which reflect an agreed allocation of risk between you and us. But for these disclaimers and limitations, we would not be able to provide the services or would have to charge a higher fee. This section is an essential part of the bargain between us.

6.5. Exceptions: Nothing in these Terms shall limit or exclude our liability for gross negligence, intentional misconduct, or for death or personal injury caused by our negligence or to any extent otherwise not permitted by law. Additionally, because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent allowed by law.

7. Indemnification

You agree to indemnify, defend, and hold harmless Body Balance and Beyond, its owners, employees, affiliates, contractors, and agents, from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with: (a) your use of the Site, products, or services; (b) your violation of these Terms or any law or regulation; (c) your violation of any rights of a third party (for example, infringement of intellectual property or privacy rights, or posting defamatory content); or (d) any content you upload or submit to the Site.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), and you agree to cooperate with our defense of such claim. You shall not settle any such claim without our prior written consent unless the settlement releases us of all liability and does not require us to contribute financially.

8. Termination

8.1. Termination by Us: We may, in our sole discretion, terminate or suspend your access to the Site or our services at any time, with or without notice, for any reason or no reason, including if we believe that you have violated these Terms or engaged in conduct that is harmful to us or other users. In such event, your right to use the Site will immediately cease. We also reserve the right to remove any of your user content (if applicable) from the Site at any time for any reason.

8.2. Effect of Termination: Upon termination, whether by you or us, the provisions of these Terms which by their nature should survive termination (such as intellectual property rights, disclaimer of warranties, limitation of liability, indemnification, and governing law) shall continue in effect. If you had an account, termination may include removal of your account and deletion of your user content from our live databases (though content may remain in backups). We will not be liable to you or any third party for termination of your access.

8.3. Refunds on Termination: If your access to a paid service is terminated due to your breach of these Terms, you will not be entitled to any refund. If we terminate without cause a service you have paid for (for example, if we decide to discontinue a course entirely and you can no longer access it), we will provide a prorated refund for any portion of service not delivered.

9. Governing Law and Dispute Resolution

9.1. Governing Law: These Terms and any dispute arising out of or related to them (including any non-contractual disputes) shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflict of law provisions. However, we respect the consumer protection laws of your state or country of residence that may apply in certain cases.

9.2. Jurisdiction and Venue: You agree that any dispute or claim arising out of these Terms or your use of the Site that cannot be resolved amicably shall be brought exclusively in the state or federal courts located in New York, and you hereby consent to the personal jurisdiction of those courts. You waive any objections to such jurisdiction or venue (unless you are legally entitled to require that litigation take place in your home jurisdiction, such as for certain consumer claims in the EU, in which case you retain that right).

9.3. Dispute Resolution Efforts: Before filing a formal lawsuit, we would like the opportunity to address your concerns without litigation. You agree to first try to resolve any dispute informally by contacting us and providing a brief written description of your dispute and your contact information. We will attempt in good faith to resolve the matter informally with you via email or phone. If we are unable to resolve the dispute within a reasonable time (say, 30 days), either party may then proceed to take formal action.

9.4. Equitable Relief: Notwithstanding the above, either party may seek interim relief (such as a temporary restraining order or injunction) from a court to prevent immediate and irreparable harm, without first engaging in the informal dispute resolution process.

9.5. Attorneys’ Fees: In any legal action or proceeding relating to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the other party, in addition to any other relief granted.

10. Miscellaneous

10.1. Entire Agreement: These Terms, together with our Privacy Policy and Disclaimer and any other legal notices or policies we publish on the Site, constitute the entire agreement between you and Body Balance and Beyond regarding your use of the Site and supersede any prior agreements (oral or written) between us regarding the subject matter.

10.2. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed modified to the minimum extent necessary to make it valid and enforceable (if possible), and the remaining provisions of these Terms will remain in full force and effect.

10.3. No Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Body Balance and Beyond.

10.4. Assignment: You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights under these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

10.5. Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights. No third party shall have any rights to enforce any portion of these Terms.

10.6. Headings: The section titles and headings in these Terms are for convenience only and have no legal or contractual effect.

10.7. Force Majeure: We will not be liable for any delay or failure to perform any obligation under these Terms if the delay or failure is due to unforeseen events beyond our reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemics, failure of internet service providers, or acts of government.

11. Contact Information

If you have any questions about these Terms and Conditions, or need to contact us for any reason, please reach out to:

Body Balance and Beyond – Legal Department
Email: laurie@bodybalanceandbeyond.com

By using the Body Balance and Beyond Site and services, you acknowledge that you have read, understood, and agree to these Terms and Conditions. Thank you for reading, and we appreciate your compliance. Enjoy our content and services knowing that both your rights and our rights are protected by these terms.