Terms of Service
Welcome to Balanced Body Labs, LLC (“BBL”) Website, the newest web-based Blood Spot testing tool and online results for users to discover, analyze, and share personal nutritional information. Users of the BBL website employ the results to learn the significance of the nutritional information.
The use of this site or any other site owned or maintained by BBL, a limited liability company organized and existing under the Laws of the State of Florida, is governed by the policies, terms and conditions set forth below (the “Agreement”). Your use of this site indicates your acceptance of the Terms and Conditions of Balanced Body Labs.com (the “Website”). If you decide to use the Blood Spot testing kit or other testing services, the database of records and other services available on the Website (the “Services”), you (the “User”) are bound by these Terms and Conditions.
These Terms and Conditions apply to users visiting or registering on or after February 1, 2017. BBL reserves the right to modify its Terms and Conditions, in its reasonable discretion, from time to time.
This Agreement is between you and BBL. The Agreement defines your rights and responsibilities as a User of the Website, which is operated by BBL, its subsidiaries, affiliates, contractors, and employees. The Website is operated in the United States of America. Access to the Website is governed by these Terms and Conditions under the laws of the State of Florida and the United States. Registration as a User on the Website results in your information being stored and processed in the United States. You specifically consent to BBL’s storage and processing of the personal data you submit. You may access your information at any time to confirm its correctness and to keep it current in connection with your registration or subscription.
The Website and Services are intended for adults. When a minor uses the Website, the parent or legal guardian of that minor will be held responsible for the minor’s actions. By submitting a Blood Spot sample of a minor, you represent that you are the minor’s parent or legal guardian.
This Agreement together with any legal notices published on the Website constitutes the entire agreement between you and BBL concerning the Website. If you don’t agree with any of these Terms, or if you have any objections to our Privacy Statement you must not use the Services or the Website.
YOUR USE OF THE WEBSITE
The BBL Website contains text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, editorial and other content accessible by Users including the ability to download raw Blood Spot data (collectively, the “Content”). BBL owns, licenses, or copyrights all Content and the Content may be used only in accordance with this Agreement. The Website is also protected by copyright as a collective work and/or compilation, pursuant to U.S. and other copyright laws and international conventions. BBL owns or licenses the trademarks, service marks and logos contained in the Website. BBL and its licensors retain title, ownership and all other rights and interests in and to all information and Content on the Website.
You may use the Services, access the BBL Website, and access the Content for personal use only; with an individual browser and use the Content only for personal, nutritional information or blood spot testing results. You may use the software provided on the Website only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated that such software is made available for offline use. Bots, crawlers, spiders, data miners, scraping and other automatic access tools are expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or Services or the Content therein. The licenses granted by BBL terminate if you do not comply with this Agreement. Violation of this limited use license may result in immediate termination of your membership and may result in legal action against you.
BBL does not claim an exclusive right to images already in the public domain that it has converted into a digital format. However, the Website contains images or documents that are protected by copyrights or that, even if in the public domain, are subject to restrictions on reuse. User explicitly agrees to not reuse these images or documents except that you may reuse public domain images so long as you only use small portions of the images or documents for personal use. If you republish public domain images, you agree to credit the relevant BBL Website as the source of the digital image, unless additional specific restrictions apply. If you wish to republish more than a small portion of the images or documents from any of the Website, you agree to obtain prior written permission from us.
By using any of the Website, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights). You must also agree that you will not knowingly or willfully submit inaccurate, defamatory or offensive Content to the Website.
FEES AND PAYMENTS
Users of the BBL Website may be unregistered visitors or paying members. The different payment options and services offered for the different levels will be published on the BBL Website or at the time a Blood Spot test kit or other Service is purchased.
Services. Users must be 18 years or older to order the BBL Blood Spot Test and to use the Services. User is responsible for providing BBL with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement.
Cancellations and Refunds. User may cancel the BBL Test by contacting BBL and providing the same information provided when User ordered the BBL Test. In order to receive a refund for your cancelled BBL Test, User must retain and provide to a BBL’s customer service representative the activation code included with the Blood Spot test kit. No refunds will be given if you do not have the activation code. If you cancel within the first 30 days of placing your order, and before you returned a Blood Spot sample to BBL, you will receive a refund equal to the price paid for the Blood Spot Test minus $25 handling fee. If you cancel within the first 30 days of placing your order but after you have returned a Blood Spot Test sample to BBL, you will receive a partial refund equal to one half of the price paid for the Blood Spot Test. If you cancel your BBL test, you will not be able to access any Blood Spot Test Results. Refunds are no longer available once you have accessed your BBL Results. BBL does not refund shipping & processing charges or any applicable taxes paid on the non-refundable portion. Your refund will only be provided via the credit card you used to purchase the Service. Please allow a reasonable time for the credit to process.
Replacement Testing Kits. If you require a replacement Blood Spot testing kit, you may call BBL and provide the same information that you provided when you ordered your BBL Test. Replacement kits are $25 per kit (plus applicable shipping and handling).
Prices Subject to Change. Prices are subject to change by BBL at any time.
Termination or Suspension of Your Account. If we believe, in our sole discretion, that you are in breach of this Agreement or are acting inconsistently with the letter or spirit of this Agreement, we may limit, suspend or terminate your access to the Website. In such a case, no portion of your subscription payment will be refunded. We also reserve the right to suspend or terminate your access to the Website for any reason, and should we decide to suspend your access for any reason other than a breach by you, we will refund to you any unused portion of your subscription payment, which will be your sole and exclusive remedy upon such suspension or termination.
We may contact you via the Website, electronic mail, physical mail or otherwise to inform you of related products and services. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt out of commercial advertising and marketing communications at any time by following the unsubscribe instructions included in each communication or by going to your Account page on the relevant Website and changing your preferences. Please see our Privacy Statement for further information on how we manage and process your personal information.
BBL has the right, at its sole discretion, to modify this Agreement, the Website, Content, and the Services, at any time. Changes will be posted on the Website and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the Website, Content, or the Services is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your subscription by following the instructions in this Agreement. Continued use of the Website or the Services now or following posted notices of changes to this Agreement means that User has accepted and agrees to be bound by the changes.
BBL offers Blood Spot testing through a home testing kit for nutritional purposes only. This Website provides Users with information and a forum to exchange nutritional and other Content with other Users. The information and test results should not be used as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or qualified health care provider with any questions you may have regarding a medical condition or treatment and never disregard professional medical advice or delay in seeking it because of something you read on this Website.
DISCLAIMER OF WARRANTY
BBL MAKES THE FOLLOWING DISCLAIMERS OF WARRANTIES: THE PRODUCTS, OFFERINGS, CONTENT, QUALITY, ACCURACY AND MATERIAL ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. WE DO NOT ACCEPT RESPONSIBILITY FOR ANY RELIANCE ON THE WEBSITE, THE CONTENT, OR THE SERVICES, OR FOR ANY DISRUPTIONS TO OR DELAY IN THE SERVICES. WE DO NOT MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, COMPREHENSIVENESS, ERROR-FREE NATURE, COMPATABILITY TO USER’S COMPUTER EQUIPMENT, MOBILE DEVICES, OR ENVIRONMENT AND DOES NOT WARRANT THAT THE WEBSITE, THE SERVICES, SERVERS, OR EMAIL WHICH MAY BE SENT FROM BLANACED BODY LABS ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. MOREOVER, NO ADVICE OR INFORMATION OBTAINED BY USER FROM BBL PERSONNEL OR THROUGH THIS WEBITE CREATES ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
LIMITATION OF LIABILITY
BBL LIMITS ITS LIABILITY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BBL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (WHETHER OR NOT KNOWN, OR IF BBL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY OTHER WEBSITE WHICH MAY BE LINKED TO THIS WEBSITE NOW OR IN THE FUTURE; (C) THE COST OF PROCUREMENT OF A SUBSTITUTE TEST; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IF BBL IS FOUND TO BE LIABLE, IN NO EVENT WILL OUR TOTAL LIABILITY TO USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE Blood Spot TESTING KIT OR ACCESSING THE WEBSITE.
IF USER IS DISSATISFIED WITH ANY PORTION OF THE WEBSITE, THE CONTENT, THE SERVICES, OR THIS AGREEMENT, USER’S SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF THE USE OF THIS WEBSITE AND THE SERVICES.
THIRD PARTY PRODUCTS
BBL may, from time to time, provide opportunities to Users of the Website to purchase services from third parties. Website of those third parties are subject to terms and conditions different from those applicable to the Website and it is your responsibility to ensure that you have read and understood them. BBL makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and User agrees that any recourse for dissatisfaction or problems with third party goods or services will be sought from the third party provider and not from BBL.
User agrees to indemnify and, at BBL’s sole option, to defend BBL, its officers, directors, employees, stockholders, agents, representatives, and affiliates from any and all third party claims, liability, damages, and costs including, without limitation, reasonable attorney’s fees at all levels from settlement negotiation to appeal, arising from User’s improper use of this Website, the Services, the Content, or the Blood Spot test, or the User’s violation of this Agreement.
GOVERNING LAW AND VENUE
Florida Law governs this Agreement without regard for any choice-of-law rules that might direct the application of the laws of any other jurisdiction. User agrees that any action at law or in equity arising out of or relating to your use of the Website, the Services, or the Content; or arising out of or relating to this Agreement will be filed in the state or federal courts located in Palm Beach County, Florida and by User consents and submits to the personal jurisdiction of these courts for the purposes of litigating any action.
YOU AGREE TO BRING CLAIMS AGAINST BBL IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Promotions. Any sweepstakes, contests, raffles or other promotions (collectively, the “Promotions”) presented by BBL may be governed by rules that are separate from this Agreement. If User participates in any Promotions, please review the applicable rules as well as our Privacy Statement. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.
Assignment. Balance Body Labs reserves the right to assign or transfer its rights and obligations under this Agreement. User may neither assign nor transfer any of User’s rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.
Severability. If any part of this Agreement is for any reason held to be unenforceable, the rest of it remains full enforceable.
Waiver. Any failure by BBL to enforce any term of this Agreement does not affect its right to require performance at any subsequent time, nor does the waiver by BBL of any breach by you of any provisions of this Agreement constitute a waiver of either the provision or any subsequent breach of the same provision or any other provision of the Agreement.
Entire Agreement. This Agreement constitutes the sole agreement between you and BBL with respect to its subject matter and it supersedes any prior written agreements, except as expressly provided otherwise by BBL.
BBL engages the services of a customer service staff available to answer questions and address concerns. You may contact or submit your comments by email to firstname.lastname@example.org or via postal mail to:
2424 North Federal Hwy, #455
Boca Raton, FL 33431