TERMS OF USE

1. INTRODUCTION

Welcome to www.balanceandmastery.com (the “Website“). The Website is owned and operated by Balance Mastery, LLC (“BM“, “us” or “we“).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control.

 

We are a subscription service that provides our members with access to motion pictures, television and other audio-visual entertainment (“BM content") streamed over the Internet to certain Internet-connected TV's, computers and other devices. We provide you with high quality video that includes inter alia yoga and fitness. This Website is not directed to persons under eighteen (18) years of age without parental supervision. The Website is owned by BM. These Terms & Conditions of Use (this “Agreement”) apply to all of the products, services and websites offered by BM, the mobile or tablet versions thereof, any BM software, and any applications created by BM whether available through a social networking site or its subsidiaries or affiliated companies. Please note that the availability of any BM applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between BM and such social networking site, mobile or tablet device, or internet television or other technology platform.

 

2. PRIVACY AND YOUR ACCOUNT

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Membership, Free Trials, Billing and Cancellation

 

Program Viewing and Transaction Options

 

BM may offer the following purchase options through its website(s) and application(s):

 

Rental: After paying the stated fee, you may stream the Program (as defined by the Vimeo Terms of Service) an unlimited number of times during the stated rental period.

 

Purchase: After paying the stated fee, you may stream the Program an unlimited number of times; if offered, you may download the Program.

 

Subscription: For a recurring fee, you may stream the BM offered subscription channel content an unlimited number of times during your subscription period. BM may add or remove Programs from the channel at any time.

 

You are responsible for obtaining Internet access and a compatible, Internet-connected device to stream and/or download Programs via BM websites and applications. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.

Payments

 

To make a purchase, you must provide a valid payment method. Subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If a BM offers a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period. To pause or cancel a subscription, visit your Vimeo account settings. Your changes will be applied to your next subscription period.

 

We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. If BM provides you access to a Program on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement.

 

ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.

 

 

3. CONSIDERATION

You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website and other on line platforms.

4. RESTRICTIONS ON USE; LIMITED LICENSE

All content contained on the Website (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Website is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

We grant you a limited license to access and make personal use of the Website and content through other media sources. No Content of the Website or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.

The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.

5. USE AND PROTECTION OF PASSWORD AND ID.

BM will assign a password and account ID to you so you can access and use certain areas of the Website and platform content. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Website, and BM shall have no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND BM, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE AND PLATFORM BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE WEBSITE OR PLATFORM) THAT MAY RESULT FROM SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify BM of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Website’s security or that of any media or method through which the content is accessed of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.

6. SYSTEM REQUIREMENTS.

Use of the certain areas of the Website and other means by which to access the content require Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“). BM may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you.

Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Website may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to BM.

7. SUBMISSIONS

When available, you may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content.

Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.

You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Use, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.

You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.

Each time that you access the Website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.

8. CONTENT LINKED TO THE WEBSITE

You should be aware that when you visit the Website or access the content, you could be directed to other sites beyond our control including links to or from affiliates and content partners that may use our Marks as part of an affiliate relationship. When you click on a link that directs you away from the Website, the site to which you are directed may not be controlled by us and different terms of use and privacy policies may apply which you should carefully read and evaluate. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.

9. DISCLAIMER OF WARRANTIES

THE CONTENT ON THE WEBSITE AND CONTENT ACCESSES THROUGH OTHER MEANS IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE WEBSITE (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY).

WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.

THE WEBSITE AND PRODUCTS/SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.

BECAUSE ANY WEIGHT LOSS OR HEALTH MODIFICATION PLAN WHETHER APPLICABLE OR NOT CAN RESULT IN SERIOUS INJURY, BM URGES YOU TO OBTAIN A PHYSICAL EXAMINATION FROM A DOCTOR BEFORE USING ANY WEIGHT LOSS PRODUCTS OR SERVICES. YOU AGREE THAT BY USING ANY PRODUCTS OR SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK. ANY RECOMMENDATION FOR CHANGES IN DIET INCLUDING THE USE OF FOOD SUPPLEMENTS, WEIGHT REDUCTION AND/OR BODY BUILDING ENHANCEMENT PRODUCTS ARE ENTIRELY YOUR RESPONSIBILITY AND YOU SHOULD CONSULT A PHYSICIAN PRIOR TO UNDERGOING ANY DIETARY OR FOOD SUPPLEMENT CHANGES. YOU AGREE THAT YOU ARE VOLUNTARILY PURCHASING PRODUCTS OR SERVICES, PARTICIPATING IN RECOMMENDED ACTIVITIES, AND USING THIS WEBSITE AND ASSUME ALL RISKS OF INJURY, ILLNESS, OR DEATH.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

10. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

11. WAIVER/LIMITATION OF LIABILITY

  • Waiver of Liability

                         .         You are accessing and using BM’s content which is offered by BM through its the service (collectively, the “Activities”).

                      a.         You recognize that you must be in adequate physical and mental health to participate in the Activities. You understand that the Activities may require intense physical exertion, and you represent and warrant that you are physically fit enough to participate and you have no medical condition which would prevent your full participation in the Activities. You recognize that the Activities may cause a physical injury or medical condition. You understand that it is your responsibility to consult with a physician before you participate in the Activities. If you have done so, you have taken the physician’s advice. You understand that BM reserves the right to refuse your participation in any Activity on medical, fitness or any other grounds.

                      b.         You are aware that your participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries or conditions that you may have. You understand that you could experience muscle, back, neck and other injuries as a result of your participation in the Activities. You understand your physical limitations and you are sufficiently self-aware to stop or modify your participation in any Activity before you become injured or aggravate a pre-existing injury.

                      c.         In consideration of being permitted to participate in the Activities, you agree to assume full responsibility for any risks, injuries or damages, known or unknown, which you might incur as a result of participating in the Activities including those which may result from the negligence of BM.

                      d.         In further consideration of being permitted to participate in the Activities, you knowingly, voluntarily and expressly waive any “Claim” (as defined below) you may have against BM, its owners, managers, teachers, instructors, workshop presenters, employees, independent contractors and staff (each, a “Released Party”) that you may sustain as a result of participating in the Activities even if the Claim arises from the negligence of any Released Party or anyone else. You agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending any Claim made by you or anyone making a Claim on your behalf, even if the Claim is alleged to or did result from the negligence of any Released Party or anyone else.

                      e.         “Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that you may suffer, you spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.

                       f.         You, your heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.

                      g.         You acknowledge that you have carefully read this section of the Terms of Use and fully understand its contents. You voluntarily and knowingly agree to these Terms of Use. You are aware that by accepting these Terms of Use, you are giving up substantial rights, including your right to sue and certain legal rights your heirs, next of kin, executors, administrators and assigns may have against any Released Party.

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

Some of the materials offered by BM give you the option to choose from a number of paths to practice DBT. The descriptions of the paths, such as "Skills" or "Practice Ideas", "Exercises", "Meditations", "Diary Card", "Crisis Survival List” etc. are intended to help you learn and practice DBT skills to help you build a more fulfilling, and should be considered the goal for that path and not a guarantee or certainty. While we hope each of these tools help you to focus your efforts in a particular direction, results are not guaranteed. The materials are not intended as a substitute for professional medical advice, diagnosis, or treatment, and do not constitute medical or other professional advice. Any physical or mental health related content that you may find in the materials is broad in nature and in scope, describes only general principles, is not specific to you as an individual, and may not be appropriate or relevant to your personal situation. Such content is not intended to be used to diagnose, treat, cure, or prevent any medical conditions or as a substitute for consulting with your health care professionals. Reliance on any information provided through the materials is solely at your own risk. Never disregard professional medical advice or delay in seeking it because of something that you have read, seen, or heard on our platform. If you have any questions about your physical or mental health, you should consult your healthcare professionals.

 

 

12. COPYRIGHT COMPLAINTS

We respect the intellectual property rights of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

13. AMENDMENT

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.

14. TERMINATION

These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. If you terminate these Terms of Use, you shall notify us by sending notice of such termination by certified United States mail, postage pre-paid to:

Balance Mastery, LLC

1000 Brickell Ave

Suite 1020 

Miami FL 33131

 

We may terminate these Terms of Use (including your access to and use of the Website) without cause and without notice to you, in our sole discretion. Upon termination, you must cease any access to or use of the Website and destroy all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall survive such termination.

15. APPLICABLE LAW AND DISPUTES

These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the laws of the United States of America and the State of Florida, without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within the State of Florida. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential binding arbitration in Miami Dade County, Florida, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Miami Dade County, Florida, United States of America, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under these Terms of Use shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

16. ELECTRONIC COMMUNICATIONS

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

17. MISCELLANEOUS LEGAL PROVISIONS

We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.

If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

  • A description of the copyrighted work that you claim has been infringed

  • A description of where the material that you claim is infringing is located on the Website

  • Your address, telephone number, and e-mail address

  • 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

  • A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

The BM’s Copyright Agent for notice of claims of copyright infringement on the Website can be reached as follows:

Peter F. Valori, Esq. 

Attn: Copyright Agent
1000 Brickell Avenue, Suite 1020

Miami FL 33131

 

Privacy Policy

Overview

This is the Privacy Policy of Balance Mastery, LLC (“BM”, “us” or “we”).

In order to purchase a Program (including through a subscription), a consumer (“you”) must create an account with (i) Vimeo; and (ii) BM. By creating an account an account with a BM, you agree to provide your information (as described more fully in Section 2) to MB as well as Vimeo. By using the Vimeo OTT Service, and the BM content you consent to the collection, use, and disclosure of your information as set forth in this Privacy Policy.

 

When you create an account BM, BM will receive your account information, including email address, Purchase history (but not payment card information), location (as determined by IP address), and activities related to your use of BM’s Programs, Program Sites, and Program Apps. This information will be made available to the BM via the Vimeo OTT Service. BM subject to Vimeo’s Acceptable Consumer Privacy Practices Policy. If you believe that a BM is not complying with that policy, please notify Vimeo.

 

Account Security

 

You are solely responsible for (i) maintaining the security of your account(s) and (ii) all activity that occurs under your account(s). You must notify us immediately if you suspect any unauthorized access to or use of your account(s). If you forget your account login information, you may request that we send it to the email address associated with your account(s).

 

Information that We Collect

 

Vimeo, and vendors acting on Vimeo’s behalf, and BM may collect information from and about you as follows:

 

Account-related Information: To create an account, you must provide certain information, including your email address and a password. We may allow you to submit additional information including an avatar. You may provide other information about yourself in connection with surveys, contests, special offers, customer support inquiries, and other communications with us.

 

Program Usage Information: We collect information about your use of the Vimeo OTT Service, including your accessing, viewing, and downloading of Programs.

 

Payment Information: If you purchase a Program or a subscription to a Program channel (each such transaction, a “Purchase”), you must provide valid payment card information. This information is collected directly by Vimeo’s payment vendors and is not received or stored by Vimeo or BM.

 

Information Collected Automatically: We collect information about your use of our websites and applications. This may include your activities, your IP address, your browser type, your Internet service provider (ISP), referring/exit pages, your operating system or device type, date/time stamps, and related metadata.

 

Tracking Technologies and Third Party Data Collection

 

Tracking Technologies: We use standard tracking technologies such as pixels and cookies to track user activities on our websites and applications. For more information about cookies, please see Vimeo’s Cookie Policy.

 

Third Party Platforms: When you use an application that runs on a third party platform (e.g., iOS, Roku, etc.), the provider of that third party platform may collect information about you and your use of Vimeo and/or BM’s application.

 

Analytics and Advertising: We may use third party analytics services to collect data about usage of our services. We may allow third party advertising companies (including advertising agencies, networks, and delivery vendors) to collect data regarding advertisements that they may place on our websites. Third party analytics providers and advertising companies may use cookies to track your activities. Some advertising companies may be members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies.

 

How We Use Your Information

 

Vimeo and/or BM may use the information that they collect about you to:

 

    Fulfill your orders and deliver Programs and other services to you;

    Provide customer support to you;

    Analyze how our services are being used;

    Communicate with you;

    Verify your eligibility to make purchases and participate in offers;

     Collect any debts, prevent fraud, and otherwise protect the integrity of our systems;

    Enforce their legal rights;

    Perform any functions described at the time of collection; and

    Otherwise operate their businesses.

 

Disclosures to Third Parties

 

Vimeo and/or BM may disclose information about you as follows:

 

Authorized Service Providers: They may disclose your information to service providers involved in operating our business. This includes payment providers, email service providers, content delivery networks, cloud storage providers, analytics companies, and professionals such as accountants and lawyers.

 

Legal Situations: They may disclose your information when they believe in good faith that (i) disclosure is required by a search warrant, subpoena (whether criminal or civil), civil investigative demand, court order, or a request for cooperation from a law enforcement or other government agency; (ii) disclosure is appropriate and necessary to report a suspected crime (including any case of suspected child exploitation) or prevent physical harm to an individual or property; (iii) disclosure is appropriate and necessary to enforce their rights; and (iv) disclosure is required by law. Nothing in this Privacy Policy shall be deemed to create any third party right, and they reserve the right to object to any third party requests for information in appropriate circumstances.

 

Affiliates and Corporate Transactions: Vimeo and/or BM may disclose your information to their parent companies in connection with operating their business. In the event Vimeo or its parent companies or BM are involved in a business transition that involves the sale, merger, or divestment of Vimeo or its parent companies and/or BM, Vimeo and/or BM may disclose any information about you to the acquiring entities. The transferred information will remain subject to the provisions of this Privacy Policy, as updated.

 

To the Public: We may publicly disclose aggregated user statistics and other information. 

 

Emails

 

When you create an account, you may receive certain emails:

 

Transaction emails: When you first register with Vimeo and/or BM, we may send you a welcome email that provides information about the Vimeo OTT Service and/or BM’s services and your account. If you make a Purchase, Vimeo and/or BM may send you an email confirming your Purchase. Vimeo and/or BM may also, from time to time, send you other emails concerning your account status. You may not opt-out of receiving transactional emails.

 

Newsletters: Vimeo and/or BM may send you newsletters and other emails about new or upcoming Vimeo and/or BM products, services, or offers. If you decide you no longer wish to receive these emails, you may opt-out as instructed in each email or in your account settings.

 

BM may, via the Vimeo OTT Service, send emails concerning the availability of new Programs in a subscription that you have purchased. If you decide you no longer wish to receive these emails, you may opt-out as instructed in each email or in your account settings.

 

BM may email you directly (i.e., through non-Vimeo systems). Vimeo does not control these emails and opting out of Vimeo-sent emails will not cause an opt-out with respect to these emails. To opt out of emails sent directly by BM, please follow the opt-out instructions set forth in the Producers’ emails.

 

Security Measures

 

We use security measures to protect the loss, misuse, and unauthorized alteration of the information under our control. Please be advised, however, that we cannot guarantee that our security measures will prevent disruptions or unauthorized access from occurring.

 

Your Privacy Choices

 

You may choose not to provide Vimeo and/or BM with certain information. If you fail to provide Vimeo and/or BM with certain information, you might not be able to use certain services that Vimeo and/or BM offer.

 

You may change your account information or close your account(s) at any time by logging into your account and selecting account settings. If you close an account, you may lose access to Programs that you have purchased. Vimeo and/or BM may preserve your account information (i) for a period of time in case of accidental deletion or in case you change your mind; and (ii) where they believe in good faith that preservation is required by law or necessary to enforce our rights.

 

Using our Services from Outside of the United States

 

This Privacy Policy is intended to cover collection of information on or via our service from residents of the United States. If you are using our services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data privacy and protection laws of the United States might not be as comprehensive as those in your country. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.

 

Children's Privacy

 

Vimeo and BM do not knowingly collect any personal information from individuals under the age of 16. If you are a parent or legal guardian who has discovered that your child has provided personal information through the Vimeo OTT Service or to BM without your consent, you can ask us to remove such unauthorized information by contacting Vimeo at OTTprivacy@VHX.com and BM at the contact information on its website.

 

Third Party Services

 

Vimeo and/or BM may provide links to third party websites and applications. Vimeo and/or BM have no control over such services and therefore refer you to their privacy policies for information on their respective privacy practices.

 

Data Transfer

 

Vimeo is headquartered in the United States and uses computer systems, servers, and databases located in the U.S. If you reside outside the U.S., your data will be transferred to, stored in, and processed in the U.S. To facilitate the transfer of data from certain countries in Europe to the U.S., Vimeo adheres to the self-regulatory regulatory EU-US and Swiss-US Privacy Shield frameworks and complies with the EU General Data Protection Regulation (GDPR). Please read Vimeo’s Data Transfer Statement for more information about these frameworks and laws, your rights, and how you may resolve complaints with Vimeo.

 

Updates

 

BM may update this Privacy Policy from time to time by posting an updated Privacy Policy on the BM website. Your continued use of our services constitutes your agreement to the updated Privacy Policy on a prospective basis.

 

Contact Us

 

If you have any questions or concerns about this Privacy Policy, please contact us at:

 

Balance Mastery, LLC

1000 Brickell Avenue

Suite 1020

Miami, FL 33131

Attn: Data Protection Officer