The Balanced Blood Sugar Society

Terms of Purchase

The Balanced Blood Sugar Society

 
 
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services as part of the The Balanced Blood Sugar Society Membership Site (“Membership”) operated by Kristie Messerli (“Owner”), acting on behalf of Dietitian Kristie LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms:
 
TERMS OF MEMBERSHIP.
  1. Upon purchase and execution of this Agreement, Client will be provided with the following content and/or services as detailed on balancedbloodsugarsociety.com (“the Website”) and selected prior to purchase. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to: 
    1. New Recipes Monthly
    2. Facebook Group
    3. Monthly Newsletters
  2. The scope of Services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on Company’s Website as part of the Membership.
  3. The Company reserves the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances.
  4. The Company may from time to time offer extra Services to Client for an additional fee. 
  5. The content included in the Membership Site is for your individual, non-commercial use. Client agrees not to share login details and/or materials with any third parties.
  6. Client will have access to the Membership Site for the duration of their membership only. 
  7. At any point should Company be terminating the Membership Site, Client will be given at least sixty (60) days notice.
  8. Client has the option to cancel membership at any time in writing via email to the Company and cancellation will take effect the following billing cycle.  
  9. PAYMENT AND REFUND POLICY. 
    1. Upon execution of this Agreement, Client agrees to pay to the Company the purchase amount as stated on the Website.  
    2. No refunds will be provided.   
    3. With a monthly payment plan of $32/Month, client commits to a one (1) month term to the Membership, at the end of the initial term or at anytime thereafter, Client will be billed on a monthly basis unless canceled before monthly billing cycle.
    4. With a yearly payment plan of $231/Year, client commits to a one (1) year term to Membership, at the end of the initial term or at anytime thereafter, client will be billed on a yearly basis unless canceled before yearly billing cycle.
    5. Client will then be charged payment according to their selected payment plan: every thirty (30) days or every twelve (12) months, at which time the payment will be automatically debited via the account information included upon purchase.
    6. Credit Card Authorization.  Each party hereto acknowledges that Company will charge the credit card chosen by the Client on the dates and for the amounts specified upon purchase and as included in this Agreement.
    7. In the event Client fails to make any of the payments as outlined above, Company has the right to immediately disallow services and benefits of the Membership until payment is paid in full. 
 
  1. By participating in the Membership, Client acknowledges that the Company makes no guarantees as to the outcome of any Services, sessions, teachings, or modules accessed through this Membership.  By participating in this Membership, the Client acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the Client may suffer by relying on modules, content, guest speakers, videos, services, or products.  Any use of videos requiring physical activity are done at Client’s discretion and the Company will not be held liable for any injury that could result from utilizing videos.
 
By participating in the Membership, Client acknowledges that the Company nor any of its representatives are medical doctors, psychologists, therapists, or financial advisors, and content and/or services do not replace the care of other professionals. Services provided herein are in no way to be construed or substituted as medical advice, psychological counseling or any other type of therapy or advice.  
 
Any testimonials or examples shown through the Company’s Website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Membership and/or Services. You acknowledge that the Company has not and does not make any representations as to success of any kind that may be derived as a result of use of it’s programs, products or Services.
 
The Company may provide the Client with information relating to products that the Company believes might benefit the Client. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. The Company may provide Client with third-party recommendations for such services as photography, marketing, technology, business, health, or other related services. The Company may be involved in affiliate relationships with certain third parties for such recommendations and will inform Client when this is the case. Client agrees that these are only recommendations and the Company will not be held liable for the services provided by any third-party to the Client.  
 
  1. RECORDING AND REDISTRIBUTION OF CALLS. Client acknowledges that group calls and/or trainings may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of separate offerings sold by the Company.
  2. Client agrees that the Company may use any written statements, images, audio recordings or video recordings of Client obtained while enrolled in the Membership. This includes any content Client may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer’s participation in the Membership.
 
Client waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Client waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization.
 
  1. INTELLECTUAL PROPERTY RIGHTS.  In respect of the Material specifically created for the Client as part of this Membership, including modules, videos, documents, or other content (known collectively as the “Material”), the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. 
 
Client may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website, content or intellectual property, in whole or in part without our prior written consent.  Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Website content by any person without Company’s prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action. 
 
  1. DISCLAIMER OF WARRANTIES. The Services provided to the Client by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
  2. LIMITATION OF LIABILITY.  By using the Company’s Services and purchasing this Membership, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Membership. Client agrees that use of this Membership is at user’s own risk.
  3. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Nevada or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
  4. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.
  5. All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to [email protected]
  6. MEDICAL DISCLAIMER: THE BALANCED BLOOD SUGAR SOCIETY AND DIETITIAN KRISTIE LLC CANNOT AND IS NOT PROVIDING YOU WITH MEDICAL ADVICE OR DIAGNOSES. THE PROGRAM IS NOT INTENDED TO TREAT ANY ILLNESS OR DISEASE AND THE SERVICES SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR DIAGNOSES.
Website and Owner provide you with general information concerning nutrition in order to provide you with guidance you can use for implementing your meal planning, blood sugar, and/or fitness goals. The content on the Site and any social media accounts are provided for informational purposes only. The Program is not a substitute for medical or psychological consultation, evaluation, or treatment, and the information made available through the Site should not be relied upon when making medical decisions, or to diagnose or treat a medical condition. The information we provide is general and not specific to you.
 
  1. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
 

Terms of Service

Dietitian Kristie LLC

 
BY VISITING https://balancedbloodsugarsociety.com/, YOU ARE CONSENTING TO OUR TERMS OF SERVICE.
 
OVERVIEW
 
By using https://balancedbloodsugarsociety.com/, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms of Service. The terms “we,” “us,” and “our” refer to Dietitian Kristie LLC (the “Company”), owner of https://balancedbloodsugarsociety.com/. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.
 
By using the Site, you agree to these Terms of Service, without modification, and acknowledge reading them. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this Site.  By continuing to use the Site after we post any such changes means you accept the new Terms of Service with the modifications.
 
SITE USE
 
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service.
In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.
 
You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
 
PURCHASE AND REFUND POLICY
 
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by the Company unless a separate Terms of Purchase Agreement is provided at purchase. No refunds will be given for any products purchased online. 
Dietitian Kristie LLC INTELLECTUAL PROPERTY
 
The Site contains intellectual property owned by Dietitian Kristie LLC, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Dietitian Kristie LLC /The Balanced Blood Sugar Society name, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof.  
 
You may, view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. 
 
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site, without refund, if you are caught violating this intellectual property policy.
 
LIMITATION OF LIABILITY
 
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, Dietitian Kristie LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE Dietitian Kristie LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Dietitian Kristie LLC CUMULATIVE LIABILITY TO YOU EXCEED $100.
 
THIRD PARTY RESOURCES
 
The Site may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
 
INDEMNIFICATION
 
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
 
RELEASE OF CLAIMS
 
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content.  You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
 
ONLINE COMMERCE
 
Certain sections of the Site or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
 
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant. 
 
We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly. 
 
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content. 
 
GOVERNING LAW; VENUE; MEDIATION
 
This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada within USA, regardless of the conflict of laws principles thereof. 
 
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Nevada or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
 
SEVERABILITY
 
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.
 
ASSIGNMENT
 
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
 
ENTIRE AGREEMENT; WAIVER; HEADINGS
 
This Agreement constitutes the entire agreement between you and Dietitian Kristie LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Dietitian Kristie LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Dietitian Kristie LLC. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
 
If you have any questions or concerns regarding these Terms of Service, please email: [email protected]
 
Updated: August 22, 2022
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