TERMS OF USE FOR ONLINE COURSES AND PROGRAMS

Please read these Terms of Use carefully before purchasing, enrolling in, accessing or using any of our online programs and courses, including both those with and without a live component (the “Courses and Programs”). These Terms of Use govern your use of the Courses and Programs, including any and all materials made available to you in them including, without limitation, worksheets, workbooks, forms, guides, questionnaires, e-books, handouts, sides, videos, video files and recordings, audio files and recordings, webinars and all other similar materials and the information contained on, in or downloadable through them (the “Course/Program Materials”). Any reference herein to the Courses and Programs includes the Course/Program Materials. By purchasing any Course or Program you accept and agree to be bound and abide by these Terms of Use, whether or not you have read them. If you do not want to agree to these Terms of Use, you must not purchase any Course or Program.

Additionally, please review the terms of our Privacy Policy for how your information is stored and shared. 

For purposes of clarification, these Terms of Use do not govern Client Wellness Consulting Services provided to individuals who enter into a Client Wellness Consulting Agreement with Dr. Saru Bala, PLLC. Such Wellness Consulting Services are governed by the applicable Client Wellness Consulting Agreement. 

The  Courses and Programs, including all Course/Program Materials  are owned and operated by Dr. Saru Bala, PLLC (“Dr. Saru Bala, PLLC”, “we”, or “us”). The term “you” refers to any purchaser and/or user of any of our Courses or Programs.

 

These Terms of Use for Courses and Programs (“Terms of Use”) state how you may use our Courses and Programs. Please read these Terms of Use carefully.  We reserve the right to change these Terms of Use from time to time.

 

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of the Courses or Programs that you are waiving certain legal rights and you are voluntarily agreeing to do so.

 

USE AND CONSENT

 

By purchasing or using any of our Courses or Programs, you agree to abide by these Terms of Use as well as our Disclaimer, Terms and Conditions and Privacy Policy, and any other terms and conditions that may apply, and that you are required to act in accordance with them. Accessing, purchasing or using our Courses or Programs, in any manner, constitutes use of the Course or Program, and your agreement to be bound by these Terms of Use.

 

All of our Courses and Programs are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to any Course or Program by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Courses and Programs, you represent and warrant that you are at least 18 years old.

 

DISCLAIMER

 

Our Courses and Programs are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Courses and Programs, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other participant or user or our Courses and Programs, including you.

Not Medical or Professional Advice

Our Courses and Programs are NOT intended as, and must not be understood as or construed as, medical care or advice, naturopathic medical care or advice, the practice of medicine, or the practice of counseling care including, without limitation, psychiatry, psychology, psychotherapy, or providing any form of medical diagnosis or treatment. The Courses and Programs are not intended to and do not diagnose, treat, cure or prevent any disease.

For purposes of clarification, while Dr. Saru Bala, owner of Dr. Saru Bala, PLLC is a licensed naturopathic medical doctor in Arizona and Washington, and the Courses and Programs relate to health, no Naturopathic Medical Services are provided via any Courses or Programs sold on www.drsarubala.com (the “Website”). The Courses and Programs are not a substitute for medical or health advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation. If you have any concerns or questions about your health, you should always consult one-on-one with a licensed medical or health care professional. Do not disregard, avoid or delay obtaining medical advice from a licensed medical or health professional because of something you may have read, viewed or heard on or in any Course or Program. Do not stop taking any medications without speaking to your licensed medical or health care professional. 

Nothing stated or provided in the Courses and Programs are intended to be, and must not be taken to be, the practice of medicine. Your purchase of any of the Courses and/or Programs, including your access to information provided in the Course/Program Materials or implementation of any suggestions set out in the Courses and/or Programs, DOES NOT create a doctor-patient relationship between you and Dr. Saru Bala, Dr. Saru Bala, PLLC or any doctor associated with the Courses or Programs. 

We expressly recommend that you seek advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation.

Neither Dr. Saru Bala, PLLC nor any of its owners, members, officers, employees, contractors, affiliates or suppliers shall be held liable or responsible for any errors or omissions in the Courses or Programs or for any damage you may suffer as a result of failing to seek competent medical or health advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation.

Information and statements in the Courses and Programs regarding dietary supplements and products have not been evaluated by the Food and Drug Administration. Any such dietary supplements or products sold on or through the Website or any products which may be mentioned in the Courses and Programs are not intended to diagnose, treat, cure or prevent any disease. Always consult your physician or other licensed medical or health care professional before taking any medication or nutritional, herbal or homeopathic supplement, using any treatment for a health problem, undertaking any diet, exercise or other health program or making any medical or lifestyle changes.

Not Professional Advice

The Courses and Programs are NOT intended as, and shall not be understood or construed as, professional advice. While the owner of Dr. Saru Bala, PLLC is a professional, and the information provided on or in the Courses and Programs relates to issues within Dr. Saru Bala, PLLC’s area of professionalism, such information is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation.

While we have done our best to ensure that the information in the Courses and Programs is accurate and provides valuable information, we expressly recommend that you seek advice from a professional who has knowledge of the facts and circumstances of your individual situation.

Neither Dr. Saru Bala, PLLC  nor any of its owners, members, officers, employees, contractors, affiliates or suppliers shall be held liable or responsible for any errors or omissions on or in the Courses and Programs or for any damage you may suffer as a result of failing to seek competent advice from a professional who is has knowledge of your individual situation.

Accessing Courses and Programs Account Security

We reserve the right to withdraw or amend the Courses and Programs in our sole discretion without notice. We will not be liable if for any reason all or any part of a Course or Program is unavailable at any time or for any period. From time to time, we may restrict access to some parts of a Course or Program or the entire Course or Program to users, including registered users.

By using our Courses, Programs and Course/Program Materials, you agree to enter true, accurate and complete information as part of the registration, purchase process and otherwise. You agree that all information you provide to register for the Courses and Programs or otherwise, including but not limited to through the use of any interactive features on the Courses and Programs is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you enter a false email address, we have the right to immediately deactivate your account. 

To use our Courses, Programs and Course/Program Materials or certain features of them, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Course, Program and Course/Program Materials including without limitation, any private forums, Facebook groups or any other related communications. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account(s). If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

 

Again, we reserve the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

No Unlawful Or Prohibited Use

You are agreeing that you will not the Courses and Programs in any way that causes or is likely to cause any of the Courses and Programs, or any part of them or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to the Website, the Courses and Programs and to us.

As a condition of your use of any Courses or Programs, you agree to use the Courses and Programs for lawful, legitimate, non-commercial purposes only and that you will NOT use the Courses and Programs for any purpose that is illegal, false, fraudulent or prohibited by these Terms & Conditions. You agree that you will NOT use the Courses and Programs in any of the following ways: 

  • For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity;

  • To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others;

  • In any manner that could damage, disable, overburden, or impair the Courses or Programs or interfere with any other party’s use and enjoyment of the Website or any of the Courses and Programs;

  • To send, negatively impact, or infect any of our Courses or Programs with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware;

  • To send or infect any of our Courses or Programs with software viruses or any other similar computer code designed to commercially solicit, or send chain letters, mass mailings or any spam, whether intended or not;

  • To cause annoyance, inconvenience, anxiety, or fear; 

  • To impersonate any third party or otherwise mislead as to the origin of your contributions;

  • To reproduce, duplicate, copy or resell any part of any or our Courses or Programs in a way that is not in compliance with these Terms of Use or any other applicable terms of use to which you have agreed or any other agreement you have with us. 

  • To obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Courses and Programs.

 

Intellectual Property

Please read these Terms of Use with respect to Intellectual Property carefully.  

The Courses and Programs, including all Course/Program Material, are the property of and solely owned by Dr. Saru Bala, PLLC  and/or our affiliates, licensors, or suppliers unless otherwise noted, and are protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. This includes, but is not limited to, the design, layout, look, appearance, and graphics of our Courses and Programs and Course/Program Materials or any other material or aspects of materials provided by us to you. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained on or in the Courses and Programs as well as these Terms of Use. 

When you purchase any Course or Program, Dr. Saru Bala, PLLC  is granting you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Course or Program purchased for your own personal, non-commercial use and NOT for your business or commercial use or in any way that earns you money, unless you get written permission from the owner of Dr. Saru Bala, PLLC  that you may do so. 

This means that when you purchase any Course or Program you may watch, listen to, download and/or print Course/Program Materials for your own personal use, BUT you are NOT permitted to copy, duplicate, reprint, republish, share, redistribute or re-sell any part of the Course/Program Materials. This includes sharing any Course/Program Materials with your friends, family, colleagues, or any other person. If they would like access to any Course or Program, they must purchase their own license to such Course or Program separately. 

 

You understand and agree that engaging in any prohibited use, improper and/or unauthorized use of our Courses, Programs and Course/Program Materials as set forth in these Terms of Use is considered theft and may give rise to a civil claim for damages and/or be a criminal offense and we reserve the right to prosecute for theft and to enforce our rights to the full extent of the law. 

 

When you purchase or enroll in any of our Courses or Programs, you agree that you are clearly and expressly prohibited from doing the following:

 

  • You will not copy, share or steal our Courses, Programs and Course/Program Materials, or any parts of them. 

  • You will not in any way use, copy, adapt or represent any of our Courses, Programs and Course/Program Materials in any way as if they are yours or created by you.

  • You will not engage in improper and/or unauthorized use of our Courses, Programs and Course/Program Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, reprinting, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Course/Program Materials or any other information accessed or purchased through our Courses or Programs, or any other communications provided by us for your own personal use, in any way that earns you money. 

  • You will not reprint or republish any part of our Courses, Programs and Course/Program Materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money. 

  • You will not duplicate, share, trade, sell, or otherwise distribute our Courses, Programs and Course/Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Course/Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Programs, Products and Services or Program Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use the purchased Course, Program and Course/Program Materials.

You understand that purchasing, downloading, printing, or otherwise using our Courses, Programs and Course/Program Materials in no way gives you any copyright, trademark, intellectual property or ownership rights of our Courses, Programs and Course/Program Materials. We do not grant you any licenses, express or implied, to the intellectual property of Dr. Saru Bala, PLLC  or our licensors except as expressly authorized by these Terms of Use.

You must receive written permission from Dr. Saru Bala, PLLC  before using any Course, Program or Course/Program Materials in any way that is prohibited by or not expressly permitted by these Terms of Use. If you do receive the express written permission of Dr. Saru Bala, PLLC , you are only granted permission to use the applicable portion of the Courses and Programs as explicitly granted in such writing. 

Any such request for written permission to use our Courses, Programs and Course/Program Materials, in whole or in part, in any way that is prohibited by or not expressly permitted by these Terms of Use, should be made BEFORE you wish to use it by sending an e-mail to info@drsarubala.com.

The Dr. Saru Bala, PLLC  name, any Dr. Saru Bala, PLLC  logo, any Dr. Saru Bala, PLLC  slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of Dr. Saru Bala, PLLC  or its affiliates or licensors. You must not use such marks without the prior written permission of Dr. Saru Bala, PLLC . All other names, logos, product and service names, designs and slogans on or in the Website and the Courses and Programs are the trademarks of their respective owners.

Limitations on Linking and Framing. You may not hypertext, frame or inline link to our Courses, Programs and Course/Program Materials, nor may you state or imply any sponsorship, endorsement by, or ownership of our Courses, Programs and Course/Program Materials without our written permission. 

Materials Provided By You 

When you voluntarily submit, post or upload any material on or through the Courses, Programs or Course/Program Materials, such as any comments, posts, photos, images, videos or other contributions (collectively “Submissions”), you are representing that you are the owner of all such materials and you are at least 18 years old. By submitting, posting or uploading your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.

When you voluntarily submit, post or upload any Submission you are granting us, and anyone authorized by us, permission and an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such Submission, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Courses, Programs and/or Course/Program Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also grant us, and anyone authorized by us, the right to identify you as the author of any of your Submissions, by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any Submissions from you of any kind and that we may elect to cease the use and display of any such Submissions on our Courses, Programs and/or Course/Program Materials at any time for any reason whatsoever.

Media Release. 

 

By participating in any of our Courses and Programs, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our current or future Courses or Programs, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future. 

 

Please note that these postings and recordings will be shared with potential clients or other clients who have purchased our Courses and Programs. 

 

Confidentiality and Privacy Policy 

 

Please review our full Privacy Policy for how we handle all of your information as well as your rights around such information. 

 

When you apply for, enroll in, purchase or use our Courses, Programs and Course/Program Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”) or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in our Courses, Programs and Course/Program Materials (“Other Information”). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms of Use and our full Privacy Policy which may be found on our Website. 

 

However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information is done at your own risk.

 

We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

 

We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Courses, Programs and Course/Program Materials, (3) to periodically send promotions about new Courses or Programs or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Courses or Programs you purchase or use according to your interests and/or (6) for support or communication related to your Courses, Programs and Course/Program Materials.

 

All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information: (1) pursuant to these Terms of Use and our Privacy Policy and our Disclaimer, (2) if we are required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates, (5) to protect and defend our rights or property or those of our users or purchasers, and/or (6) to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.

 

Viewing by Others. Note that whenever you make your Confidential Information  or Other Information available for viewing by others such as through our Courses, Programs and Course/Program Materials, our Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.

 

Communication Services such as Facebook Groups

Our Courses, Programs and Course/Program Materials may come with access to a private Facebook Group and/or other bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

These Terms of Use apply to all Communication Services. Further, you understand that these Communication Forums, such as Facebook, may be public platforms, and therefore, we cannot guarantee your privacy for what you voluntarily share in the group, as other people will also see what you post. 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. Dr. Saru Bala, PLLC  does not control or endorse the content, messages or information found in any Communication Service and, therefore, Dr. Saru Bala, PLLC  specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. The views of any users or participants of the Courses, Programs and Communication Services do not necessarily reflect those of Dr. Saru Bala, PLLC .

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Personal Responsibility and Assumption of Risk

We have done our best to ensure that the Courses, Programs and Course/Program Materials are accurate and provide valuable information, but we cannot guarantee the accuracy of such information. Neither Dr. Saru Bala, PLLC  nor any of its owners, officers, employees, contractors, suppliers or affiliates shall be held liable or responsible for any errors or omissions on or in any of the Courses, Programs or Course/Program Materials or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By accessing any of the Courses, Programs or Course/Program Materials in any way you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on or in any of the Courses, Programs or Course/Program Materials. You agree to use your own judgment and conduct your own due diligence before taking any actions or implementing anything suggested or recommended on or in any of the Courses, Programs or Course/Program Materials and that you are doing so at your own risk. Materials.

No Guarantees As To Results

​You agree that Dr. Saru Bala, PLLC  has not made any guarantees about the results of taking any action, whether recommended on or in any of the Courses, Programs or Course/Program Materials or not. Dr. Saru Bala, PLLC  provides educational and informational resources that are intended to help users of the Courses, Programs and Course/Program Materials succeed in health or otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Dr. Saru Bala, PLLC  and any individuals associated with Dr. Saru Bala, PLLC .

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others - whether clients of Dr. Saru Bala, PLLC  or otherwise - applying the principles set out in any of the Courses, Programs or Course/Program Materials are no guarantee that you or any other person or entity will be able to obtain similar results.

No Warranties

DR. SARU BALA, PLLC  MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THE COURSES, PROGRAMS AND COURSE/PROGRAM MATERIALS. FURTHERMORE, DR. SARU BALA, PLLC  MAKES NO WARRANTIES THAT THE COURSES, PROGRAMS, COURSE/PROGRAM MATERIALS, OR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COURSES, PROGRAMS, OR COURSE/PROGRAM MATERIALS OR FUNCTIONS, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

DR. SARU BALA, PLLC  MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS FOR ANY PURPOSE OF THE INFORMATION ON OR IN THE COURSES, PROGRAMS AND COURSE/PROGRAM MATERIALS. ALL INFORMATION ON AND IN THE COURSES, PROGRAMS AND COURSE/PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WITH RESPECT TO THE INFORMATION ON OR IN THE COURSES, PROGRAMS AND COURSE/PROGRAM MATERIALS, DR. SARU BALA, PLLC  AND/OR ITS SUPPLIERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

DR. SARU BALA, PLLC  FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE COURSES, PROGRAMS AND COURSE/PROGRAM MATERIALS.

Technology Disclaimer

We try to  ensure that the availability and delivery of the Courses, Programs and Course/Program Materials are uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we are not liable to you for damages or refunds, or any other recourse, should any of the Courses, Programs or Course/Program Materials become unavailable or access to them becomes slow or incomplete due to any reasons, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other any other cause which may from time to time make the Courses, Programs and Course/Program Materials inaccessible to you. 

Errors and Omissions

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Courses, Programs and Course/Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because information and research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. Dr. Saru Bala, PLLC  and/or its suppliers may make changes and/or improvements to the Courses, Programs and Course/Program Materials at any time. 

You acknowledge that the Courses, Programs and Course/Program Materials may include inaccuracies or errors, and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

 

Links to Other Websites

 

We may provide links and pointers to other websites maintained by third parties that may take you outside of our Courses, Programs and Course/Program Materials. These links are provided for your convenience and the inclusion of any link in our Courses, Programs and Course/Program Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Courses, Programs and Course/Program Materials, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included our Courses, Programs and Course/Program Materials. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

 

Limitation of Liability and Release of Claims

YOU AGREE TO ABSOLVE DR. SARU BALA, PLLC  OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THE COURSES, PROGRAMS AND COURSE/PROGRAM MATERIALS.  YOU AGREE THAT DR. SARU BALA, PLLC  SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THE COURSES, PROGRAMS AND COURSE/PROGRAM MATERIALS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL DR. SARU BALA, PLLC , ITS OWNERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENT COMPANIES, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS, SUCCESSORS, TRANSFEREES, OR ASSIGNEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE DELAY OR INABILITY TO USE, THE COURSES, PROGRAMS AND COURSE/PROGRAM MATERIALS, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE COURSES, PROGRAMS AND COURSE/PROGRAM MATERIALS IN ANY WAY, OR WITH THE PERFORMANCE OF THE COURSES, PROGRAMS AND COURSE/PROGRAM MATERIALS, OR WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE COURSES, PROGRAMS AND COURSE/PROGRAM MATERIALS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DR. SARU BALA, PLLC , ITS OWNERS, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF DR. SARU BALA, PLLC , ITS OWNERS, ITS AFFILIATES AND ITS SUPPLIERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT DR. SARU BALA, PLLC , ITS OWNERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENT COMPANIES, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS, SUCCESSORS, TRANSFEREES, AND ASSIGNEES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COURSES, PROGRAMS AND COURSE/PROGRAM MATERIALS, OR WITH ANY OF THE TERMS OF USE, OR THE WEBSITE DISCLAIMER, THE WEBSITE TERMS & CONDITIONS, OR THE WEBSITE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COURSES, PROGRAMS AND COURSE/PROGRAM MATERIALS. 

BY PURCHASING OR USING OR THE COURSES, PROGRAMS AND COURSE/PROGRAM MATERIALS, YOU AGREE TO THIS LIMITATION OF LIABILITY AND RELEASE DR. SARU BALA, PLLC  FROM ANY AND ALL CLAIMS. 

Indemnification 

 

You agree at all times to defend, indemnify and hold harmless Dr. Saru Bala, PLLC , as well as any of our officers, directors, shareholders, employees, affiliates, agents, contractors, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your use or inability to use any of the Courses, Programs and Course/Program Materials, your breach of any obligation, warranty, representation or covenant set forth in these Terms of Use, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. 

 

Dr. Saru Bala, PLLC  reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Dr. Saru Bala, PLLC  in asserting any available defenses.

 

Payments and Purchases

 

If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Course or Program without any additional authorization, for which you will receive an electronic receipt.  Should you be provided with a Paypal invoice instead, you are required to manually pay it by the date due on the invoice or your Course or Program will be put on hold until payment is made.

 

In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise Course or Program will not continue and we reserve the right to cease your access immediately and permanently.

 

If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Courses or Programs at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Course or Program.

 

All information obtained during your purchase or transaction for our Courses and Programs 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 and our payment processing company.

 

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

 

You agree to be financially responsible for all purchases made by you or someone acting on your behalf.

 

Since we have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Courses and Programs, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. If you then wish to have this report removed from your credit report, you must arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

 

We also reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collections agency, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collections agency.

 

If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Courses or Programs (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Courses or Programs, and 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.

 

Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. 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 Courses or Programs, 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 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 Courses and Programs.

 

Refund Policy

 

Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation, knowledge and care that goes into creating and/or providing our Courses, Programs and Course/Program Materials, we do not offer any refunds, in whole or in part. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Courses and Programs, and no refunds will be provided to you at any time. By using and/or purchasing any of our Courses or Programs, you understand and agree that all sales are final and no refunds will be provided.

 

Termination

 

You have the right to terminate your use of or participation in any of our Courses and/or Programs at any time. 

 

We reserve the right in our sole discretion to refuse or to terminate your access to any or all of our Courses, Programs and Course/Program Materials, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Courses and Programs.

 

In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.

 

Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Courses, Programs and Course/Program Materials, including but not limited to any private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Courses, Programs and Course/Program Materials at any time without notice and in our sole discretion.

 

All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.

Dispute Resolutions and Arbitration

​These Terms of Use shall be governed by and construed in accordance with the laws of the State of Arizona and any dispute shall be subject to binding arbitration in Maricopa County, Arizona before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must contact Dr. Saru Bala, LLC via e-mail in attempt to resolve the situation prior to resorting to arbitration. By agreeing to these Terms of Use, you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one year of the date of the act, omission, or other conduct complained of as submitted by you in e-mail or shall otherwise be forfeited forever. 

You agree that should arbitration take place, it will be held in Maricopa County, Arizona and you agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against Dr. Saru Bala, LLC. You further agree that to the fullest extent permissible by law, you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the agreement. 

If any portion of these Terms of Use is construed to be invalid, void or unenforceable for any reason, then that provision shall be deemed severable from these Terms of Use and it shall not affect the validity or enforceability of the remainder of the Terms of Use which shall be given full force and effect.

Any waiver or forbearance by Dr. Saru Bala, LLC of any breach by you of any provision of these Terms of Use shall not be construed as a waiver of any subsequent breach by you.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage Dr. Saru Bala, PLLC , any professionals associated with Dr. Saru Bala, PLLC  or any of our Courses or Programs. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If you have any questions about any term of these Terms of Use, please contact us at info@drsarubala.com.