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Welcome to Balanced Body Ny ("Website").
Please take a few minutes to review these Terms and Conditions and our Privacy Policy. These Terms and Conditions and Privacy Policy apply to your access and use of the Website whether accessed on a computer or mobile device. Your use of our Website constitutes your agreement to follow these Terms and Conditions and our Privacy Policy and your consent to be bound by them.
If you do not agree to any of the terms in the Terms and Conditions or Privacy Policy, your remedy is to discontinue your use of the Website.
These Terms and Conditions May Change
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Those changes will go into effect on the Last Updated Date shown in the revised Terms and Conditions. By continuing to use the Website, you are agreeing to the revised Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Website.
You must be at least 13 years old to use the Website. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms and Conditions on your behalf, and you may only access and use the Website with permission from your parent or legal guardian.
Our shipping and processing charges are intended to compensate us for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to click on this link to review detailed information about our shipping and processing fees.
We welcome your comments about our Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our Website shall be and remain the exclusive property of MBS. Your submission of any such Comments shall constitute an assignment to MBS of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. MBS will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
You are responsible for your use of the Website and for any use of the Website made using your account. Our goal is to create a positive, useful and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Website, you may not:
To the extent our Website contains hyperlinks to outside services and resources, the availability and content of which MBS does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
THIS WEBSITE, AND ALL CONTENT AVAILABLE ON THIS WEBSITE, OR BOTH, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS WEBSITE, AS APPLICABLE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT MBS AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MBS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MBS AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MBS OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
The prices displayed on our Website may differ from prices that are available in stores or in catalogs, and our pricing may differ from store to store. If you are visiting one of our non-U.S. sites, prices will generally be displayed in local currency. The prices displayed in our printed catalogs are quoted in U.S. Dollars and are valid and effective only in the U.S.
Occasionally we will offer special promotions to our customers that we refer to as "special offers" or "special offer". This can include a gift with purchase, free shipping or other promotional activity associated with a product purchase. These offers may be for a limited time only.
From time to time, there may be information on our Website or in our catalog that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. MBS reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away, and we will work with you to cancel or return your order.
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless MBS and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms and Conditions by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
You and MBS agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and MBS hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims or other disputes arising between you and MBS relating to these Terms and Conditions or the Website (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, MBS will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or MBS from seeking action by federal, state or local government agencies. You and MBS also have the right to bring qualifying claims in small claims court. In addition, you and MBS retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.
Neither you nor MBS may act as a class representative or private attorney general or participate as a member of a class of claimants with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or MBS's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms and Conditions. This Section of the Terms and Conditions will survive the termination of your relationship with MBS.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MBS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Copyright and Trademark Policy
We respect the intellectual property rights of others. If you believe there is content on the Website or catalogs that belongs to you or someone you are responsible for by law and is being used on the Website or catalogs without proper permissions, you may send notice and details of the alleged infringement to k.semonella@gmail.com
Other Provisions
Any action relating to the use of the Website or catalogs or to any transaction with MBS must be brought in the state or federal courts located in Orange County, Florida. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of laws rules or provisions.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity or by operation of law.
Balanced Body Ny is part of the LLC (“MBS”). MBS is committed to respecting your privacy and recognizing your need for appropriate protection and management of contact information you share with us (the phrase "contact information" means any information by which you can be contacted or personally identified, such as your name, mailing address, email address, telephone number, etc.). The purpose of this Privacy Policy is to inform you of information we may collect from you, how we use and disclose such information, and the choices you have regarding our use of (and your ability to review, correct and opt out of) the information. This Privacy Policy applies to information we collect about you in our stores and through our website or customer service phone lines. By using our website or sharing your contact information with us, you are accepting and consenting to the practices described in this Privacy Policy.
Collecting Information About You
There may be times (such as when you purchase or order a product, subscribe to a service, register to receive catalogs or participate in contests, sweepstakes or promotions, etc.) when we ask you to provide certain contact information about yourself. During the past twelve months, we have collected identifiers such as a real names, aliases, postal addresses, birth dates, online identifiers, Internet Protocol address, email addresses, or other similar identifiers; categories of personal information described in subdivision (e) of Section 1798.80 of the Cal. Civil Code, such as telephone numbers, credit card numbers, debit card numbers, and other financial information; professional or employment–related information; characteristics of protected classifications under California or federal law, such as gender; Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement; commercial information, including records of products purchased, obtained or considered, or other purchasing or consuming histories or tendencies; and geo location data.
In general, you can visit many of our web pages without telling us who you are or revealing any contact information about yourself. We may track the Internet domain address from which people visit us, other electronic markers and identifiers and other information about our website. We may analyze this data for preferences, trends, website usage statistics and to recognize you. We may also receive usage data from your mobile phone or other device you use to access our website, including location data, which we may also combine with other information.
If you access our website with your log-in credentials from a social networking site (e.g., Facebook) or if you otherwise agree to associate your account with us with a social networking site, we may receive personal information about you from such social networking site, in accordance with the terms of use and privacy policy of the social networking site. We may add this information to the information we have already collected from you via our stores and website
We use your contact information for analytical and marketing purposes, such as:
We contact you only in ways compatible with your communication choices. To the extent necessary for such purposes, we take reasonable steps to make sure that your contact information is accurate, complete, current and otherwise reliable.
Our Marketing PartnersFrom time to time we may establish a business relationship with other persons or entities whom we believe to be trustworthy. These are known as our Marketing Partners. In such cases we may rent, exchange, share and/or cross-reference information, including contact information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you.
To serve you better, we may combine information you give us online, in our stores or through our catalogs. We may also combine that information with publicly available information and information we receive from or cross-reference with our Marketing Partners and others, including providers of third-party cookie and other third-party browsing and use data. We use that combined information to enhance and personalize the shopping experience, to recognize our customers so that we can communicate directly about our products and events that may be of interest and for other promotional purposes.
Our Service Providers
We may contract with companies or persons to provide certain services including credit card processing, shipping, data analysis and management, promotional services, etc. These are known as our Service Partners, and we provide them with the information needed to perform these services.
Location Information
We use the Google Maps service on our website. We may use the Google Maps service, and other services, to collect information about your physical location. We use this information to create greater ease of use in our checkout, including to suggest your shipping and billing address, or to help you find the closest store location. The Google Maps service is governed by Google’s privacy policy located at:
Advertising and Online Tracking
We allow third-party companies to serve ads and/or collect certain information when you visit our website. These companies may use information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) collected during your visits to this and other websites in order to provide advertisements about goods and services likely to be of interest to you. These companies may also tie identifiers associated with a particular browser or device to identifiers associated with other browsers or devices used by the same user or household (e.g., a device identifier associated with a user’s computer may be tied to the device identifiers of that user’s tablet and phone) in order to measure and target advertisements tailored to user interests across their devices and send personalized marketing communications. These companies typically use a cookie or third-party web beacon to collect this information. Our systems do not recognize "Do Not Track" signals, but certain third-party companies which utilize these cookies or beacons on our website enable you to opt out of this behavioral advertising. To learn more or opt out from these companies you can visit:
We also provide you with additional tools to opt out of marketing from us or certain transfers of your information. You can learn about this in the "Opting Out of Marketing and Transfers" section of this Privacy Policy.
Other Transfers
In certain instances, we may disclose your contact information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, MBS or others. We may also disclose your contact information when we believe the law or legal process requires it. In the event of a change of control or sale of all or substantially all of our business assets, we may disclose your personal information to a purchaser that agrees to abide by the terms and conditions of this privacy policy.
Opting Out of Marketing and Transfers; Updating and Deleting Information About You
We want to communicate with you only if you want to hear from us. If you prefer not to receive direct marketing from us or our Marketing Partners or if you would like to opt out of our rental or exchange of your information with other marketers, Please be sure to include your full name, email address, mailing address and the information you do not want to receive. If you would like to update or correct your email address, mailing address or other contact information with us, please contact us the same way. If you like, you may use one of the following statements in your message to us:
You may also click the designated link at the bottom of email advertisements to be removed from future email updates.
Please note that requests to remove or update your contact information may take up to ten days for your email request and 6-8 weeks to process your postal mail request.
When you visit our website, Balanced Body Ny we send one or more "cookies" to your computer or other device. We may also use cookies in emails that you receive from us. A "cookie" is a small data file that is placed on your computer when you visit a website. A "session cookie" expires immediately when you end your session (i.e., close your browser). A "persistent cookie" stores information so when you end your session and return to the same website at a later date the cookie information is still available. We use cookies to improve the quality of our service when you visit our website and other websites of interest to you. We also use cookies to remind us of who you are, tailor our products, services and advertising to suit the personal interests of you and others, estimate our audience size, assist our online merchants to track visits to and sales at our website and process your order, track your status in our promotions, contests and sweepstakes and/or analyze your visiting patterns.
Certain of our Service Providers may use cookies and collect information on our behalf. In addition, we or certain of our Service Providers, in connection with the services that they provide to us, may work with third parties who may use cookies to collect information to tailor advertising for you and others elsewhere on the Internet and on our website, and to assist in reminding us of who you are. If you would like to opt out of accepting cookies altogether, you can generally set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. However, certain features of our website or other services may not work if you delete or disable cookies.
We use Google Analytics on our websites to collect usage data, to analyze how users use the websites and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by Google Analytics, visit:
Security
We maintain physical, electronic and procedural safeguards to protect the confidentiality and security of information transmitted to us. To guard your information delivered to us electronically, our website uses Secure Sockets Layer (SSL). SSL encrypts your credit card number, name and address so only we are able to decode your information. No data transmission over the Internet, however, can be guaranteed to be 100% secure. As a result, while we strive to protect your contact information, we cannot guarantee or warrant the security of any information you transmit to or from our website, and you do so at your own risk.
We urge you to keep any password that you establish with us in a safe place and not to divulge it to anyone. Also remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place.
MBS does not permit anyone under the age of 16 to register with us. We also do not send email correspondence to anyone who tells us that they are under the age of 16.
Links to Third Party WebsitesOur websites may contain links to websites operated and maintained by third parties, over which we have no control. Privacy policies on such linked websites may be different from our privacy policy. You access such linked websites at your own risk. You should always read the privacy policy of a linked website before disclosing any of your information on such website.
California Residents: Rights under California Law
California requires operators of websites or similar services to make certain disclosures to users who reside in California regarding their rights, specifically:
California Consumer Privacy Act
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and verify your request, we will disclose to you:
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and verify your request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
To exercise the rights described above, please submit a verifiable request to us by completing this form.
Only you or a person that you authorize to act on your behalf may make a verifiable consumer request related to your personal information. However, you may also make a verifiable consumer request on behalf of your minor child.
You may make a verifiable consumer request up to two times within a 12-month period, without charge. Unfortunately, we cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
We try to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension time period (up to 90 days). If you have an account with us, we will deliver our response to that account. If you do not have an account with us, we will deliver our response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding receipt. The response we provide will also explain any reasons we cannot comply with a request, if applicable.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Policy Changes
If we decide to change our privacy policy in whole or in part, we will inform you by posting a notice on our websites, as applicable. Those changes will go into effect on the effective date posted in the notice and/or at the end of the revised Privacy Policy. The new policy will apply to all current and past users of our websites and will replace any prior policies that are inconsistent. Your continued use of our websites or other services constitutes your acceptance of the practices described in the revised Privacy Policy.