How To Contact The Company
Posted: July 22, 2016
The Terms of this Disclaimer (“Terms”) as set forth below, govern your use of zorahgail.com (Hereinafter “Website,” “Site”). Your continued use of the Website after reading this Disclaimer in its entirety constitutes acceptance of this Disclaimer and creates a legally binding agreement between you and the owner of this Website.
However, if, after reading this Disclaimer, you disagree with any part of its terms, STOP! DO NOT CONTINUE TO READ OR USE THIS WEBSITE IN ANY MANNER WHATSOEVER.
Disclaimer of Warranties
The information, coaching and training materials found on this Website, including but not limited to information contained in blog posts, podcasts, videos, coaching calls and/or recordings, images, email newsletters or other text files, including all products and services, whether free or offered for sale (collectively, “Content”), are provided “AS IS” and “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TECHNOLOGY, PRODUCTS, AND SERVICES OFFERED ON THE SITE. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.
Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.
Not a Substitute for Professional Advice and Care
The Content is not to be construed as, and is never intended to be used as a substitute for medical care, including psychiatric, psychological and behavioral health care. The information provided throughout this website must not replace or be a substitute for the services of trained and licensed professionals, including those in the MEDICAL, BEHAVIORAL, FINANCIAL, OR OTHER HEALTH-RELATED FIELDS.
If you are in need of professional advice or medical care you must seek the help of someone who is licensed to provide such care. Under no circumstances shall Zorahgail Balino and zorahgail.com (Collectively, “Company,” “we,” “our,” “us,”) or any of our representatives or contractors, be liable for any special or consequential damages that may result from the use of, the improper use of, or the inability to use the Content found on this Website.
No Future Guarantees
As stipulated by law, no future guarantees can be made that you will achieve any results from the content, and all forward-looking statements included on this Website are simply illustrative and not intended as promises of actual results.
YOUR ACTUAL RESULTS, OR LACK OF RESULTS, WILL BE DETERMINED BY MANY OTHER FACTORS BEYOND OUR CONTROL AND IT WILL BE IMPORTANT TO INCLUDE THOSE FACTORS IN DETERMINING YOUR ACTUAL RESULTS. BECAUSE THESE FACTORS DIFFER BETWEEN INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS AS YOU ALONE ARE RESPONSIBLE AND ACCOUNTABLE FOR YOUR DECISIONS, ACTIONS AND RESULTS IN LIFE AND BY YOUR USE OF THE CONTENT YOU AGREE NOT TO ATTEMPT TO HOLD COMPANY LIABLE FOR ANY SUCH DECISIONS, ACTIONS OR RESULTS, AT ANY TIME, UNDER ANY CIRCUMSTANCES. NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE CONTENT FOUND ON THIS WEBSITE.
Limitation of Liability
Except as expressly provided herein, under no circumstances shall Company be liable for any claims whatsoever, including, but not limited to, direct, indirect, special, incidental, punitive or consequential damages (including, but not limited to, any lost revenues, profits, opportunities, and/or loss of prospective economic advantage) arising out of or in connection with the use or performance of this Site, any communications sent to you from Company or information made available throughout this Site, including, but not limited to, any damages suffered as a result of omissions or inaccuracies contained in such information.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Modification of Terms
We reserve the right to modify the terms of this Disclaimer at any time. It is your responsibility to periodically check back here to review this statement for any changes. BY CONTINUING TO USE THIS WEBSITE AFTER READING THIS DISCLAIMER, AND/OR AFTER WE POST ANY CHANGES, YOU AGREE TO ACCEPT THOSE CHANGES, WHETHER OR NOT YOU HAVE REVIEWED THEM. IF YOU DISAGREE WITH ANY PART OF THIS DISCLAIMER DO NOT READ OR USE THIS WEBSITE IN ANY MANNER WHATSOEVER.
WEBSITE TERMS AND CONDITIONS OF USE
Please read the following statement carefully and check back periodically to review any changes, modifications, additions, or deletions that may occur from time to time without notice.
The following Terms and Conditions (“Terms”) shall govern your use of Zorahgail.com (collectively “Website” “site”), owned by Zorahgail Balino (“Company” “we” “our”), a United States based company.
This Website is designed to provide information on the topics including but not limited to, fitness, nutrition, spirituality, personal development, and life planning. Such information may include data, articles, services, programs, podcasts, opinions, images and photographs, audio/video recordings, software, copy, illustrations, and teachings (collectively, “Content”).
The Company makes no representation that the Content provided on the Website shall pertain to countries outside of the United States. It is your responsibility to comply with the laws of your jurisdiction.
This Website is designed to give you an engaging and informative experience via its Content. We are committed to protecting your rights as a user of this Website as well as the rights of this Company.
These Terms are intended to govern your use of this Website, and your use of this Website constitutes your acknowledgment of having read the terms and conditions stated herein and your agreement to be bound by these terms and conditions.
If you do not agree to be bound by these Terms you are not permitted to use this website.
Limitations On Use
You must be at least thirteen (13) years old to access this web site. If you are not at least thirteen years old, you are not permitted to access this Website for any reason whatsoever.
Much of the Content that appears on this Website can be accessed for free. In exchange for this free access you agree that you will not remove, or allow a third party to remove, modify, or copy any part of the Content for your personal or business use or that of another person’s personal or business use.
Notice of Copyright, Trademark, Patent, Trade Secrets
All Content is the intellectual property of the Company and/or its affiliated companies and licensors and is therefore protected by copyright, trademark, patent, trade secrets and/or other intellectual property or proprietary laws. Any use, republication, removal, alteration, modification, or copying of the Content, is strictly prohibited. This means you may not republish or redistribute any part of the Content, whether in written or digital format, without the prior express consent of the Company. Distribution of any of the Content to others, whether you paid for the Content or not, is strictly prohibited without prior consent.
The Company reserves all of its rights in the Content and in this Website. Nothing in these Terms grants you a right or license to use any trademark, design right, or copyright owned or controlled by the Company or any other third party except as expressly provided in these Terms.
Your Personal Information
Should you choose to provide personal information to the Website, you agree that it will be true and accurate. Using a name other than your own legal name is prohibited.
Information Submitted To This Website By You
You hereby warrant that you are the rightful owner of any and all information you submit to the Company via this Website, and you further warrant that you have complete authority to submit said information. Furthermore, you hereby grant the Company a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to the Company via this Website.
Security of the Website
You agree not to violate or attempt to violate the security of this Website. You are prohibited from accessing all data and systems belonging to the Company’s digital network, security measures, hosts and servers. Any unauthorized use or access by you shall be subject to civil or criminal investigation.
Modification of These Terms and Conditions
The Company has the right to change, modify, add, or delete any part of the Terms of this agreement, and at any time, without notice. You agree to review these terms periodically and acknowledge that by continuing to use this Website you accept any changes or modifications to these Terms.
Indemnity/Limitation of Liability
These Terms have been made in and shall be construed and enforced in accordance with Oregon law. Any action to enforce this agreement shall be brought in the federal or state courts located in Oregon. If any provision is deemed to be unlawful or unenforceable, it shall not affect the validity and enforceability of any of the remaining provisions. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred. Any failure of the company to enforce or exercise any provision of this agreement or any related rights shall not constitute a waiver of those rights or provisions. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.
The section titles used in this statement are purely for your convenience and carry with them no legal or contractual effect.
Termination of Access
In the event of termination of these Terms for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, any license(s) you may have granted to the Company, and all other provisions for which survival is equitable or appropriate. The Company may assign its rights and duties under these Terms to any party at any time without notice to you.
You further warrant that any information you submit to the Company when using or purchasing Content through this Website is owned by you and that you have the necessary authority to submit such information, including your payment information and email address.
The Content provided by the Company, whether directly through this Website or via a third party product delivery platform, is for information purposes only and no portion of the Content is intended to substitute for any professional medical, psychiatric, psychological, or behavioral advice and/or treatment, and you may not rely on the Content of this Website to provide such.
The Content on this site is not to be interpreted as a promise or guarantee of results. If you require medical, psychiatric, psychological, and/or behavioral care, you are advised to retain the services of a licensed medical professional. In her capacity (including but not limited to) as a life coach, personal trainer, and Reiki Master, Zorahgail Balino does not hold herself out to be a medical provider (including but not limited to physician, psychiatrist, nurse, psychologist, therapist, counselor, registered dietitian, or social worker), financial advisor, or member of the clergy. The sole purpose of the Company, via its Website, is to provide educational materials and coaching in the areas including but not limited to, fitness, nutrition, spirituality, personal development, and life planning.
Under no circumstances will the Company or any of its representatives be held liable for any special or consequential damages that result from the use of, the improper use of, or the inability to use the information or strategies communicated to you through the Content.
YOU HEREBY ASSUME RESPONSIBILITY FOR YOUR ACTIONS AND THE RESULTS YOU CREATE, OR DO NOT CREATE, AS A RESULT OF YOUR ACTIONS OR INACTION. YOU ALSO UNDERSTAND THAT IT IS ENTIRELY YOUR RIGHT AND RESPONSIBILITY TO DECIDE THE EXTENT TO WHICH YOU MAKE USE OF THIS CONTENT AND YOU THEREFORE AGREE NOT TO ATTEMPT TO HOLD THE COMPANY LIABLE FOR ANY SUCH ACTIONS OR RESULTS OF THOSE ACTIONS, UNDER ANY CIRCUMSTANCES. YOUR LEVEL OF SUCCESS IN ATTAINING RESULTS IS DEPENDENT UPON A NUMBER OF FACTORS BEYOND THE COMPANY’S CONTROL, INCLUDING YOUR LEVEL OF PERSONAL DEVELOPMENT, KNOWLEDGE, ABILITY, DEDICATION TO THE PROCESS, PERSONALITY, AND MINDSET.
The statements and the strategies offered in the Content are based on the opinions, experiences, and coaching strategies of the Company. No future guarantees can be made that you will achieve any results from the Content, and the Company shall not be held responsible for any loss, liability, damage (whether direct, indirect or consequential), personal injury, or expense of any nature whatsoever, which may be suffered by you or any third party as a result of, or which may be attributable directly or indirectly to, your access and use of the Content. Ordering Products or Services from this Website will be construed as your explicit understanding and acceptance of this Disclaimer.
In fact, we make no guarantees whatsoever that you will achieve any results from the methods or coaching practices contained on this Website or in our Products and Services as results depend on many factors under your control.
The Content on this site may include views or recommendations of third parties, which do not necessarily reflect the views of the Company or indicate its commitment to a particular course of action.
In any instance where we include any case studies or testimonials, you can assume that none of these stories represents the “average” or “typical” customer experience.
By accessing Content through this Website you hereby waive and release the Company to the full extent permitted by law from any and all claims relating to the use of and/or reliance on the Content made available to you through this Website. In no event shall the Company be held liable for any injury, loss or damage resulting from use of, or reliance upon, the Content.
You must be at least thirteen (13) years of age to access the products and services provided on this Website. If you are not at least thirteen years old, you are not permitted to access this Website for any reason, except if you have the permission of a legal guardian.
If you are provided a password to access this Website and its Content, then that password is for your personal use only, unless otherwise specified. You agree, therefore, to be responsible for the security of your password.
Copyright and Trademark
All Content posted on this Website is subject to copyrights owned by the Company. Any reproduction, retransmission, or republication (in whole or in part) of any part of the Content contained in the Company’s Products and Services is expressly prohibited, unless otherwise agreed and consented to in writing by the Company or any other copyright owner. All other rights reserved. You agree not to copy, edit, publish, and/or distribute any Content on this Website for any purpose whatsoever without prior arrangement or permission from the Company.
Unless specified otherwise, the Content will be delivered by digital download, directly from the Website or via email, or via a third party product delivery provider, to your computer. In the case of unforeseeable delays, the Company is not required to compensate for damages or inconveniences caused by such delays.
It is your responsibility to enter the correct delivery email address at the time of ordering and paying for the Content. If you enter the wrong email address, we are not obliged to re-send the order to another email address. It is the responsibility of the customer (the purchaser of the Content) to inform the Company if an order is not delivered. Once we learn an order has not been delivered to you via digital download to your computer, we will make every effort to complete delivery as soon as possible, except where delivery cannot be made through fault of your ability to accept the Content via digital download. You therefore agree that a delay in delivery shall not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
As our Content is delivered in digital form or in real time coaching sessions, it is not possible to return it to us. However, if you receive Content that you believe is not what was expected, the Company may, at our discretion, refund your money.
One-On-One Coaching Sessions and Cancellation Policy
Payment for one-on-one coaching sessions, whether in person or via telephone or Skype, must be made in advance. Once your payment has been received by the Company, you will be invited to schedule your appointments at agreed upon dates and times. Cancellations made at least 24 hours in advance of a scheduled appointment shall be rescheduled. Cancellations made less than 24 hours in advance of a scheduled appointment shall not be refunded and the session time will not be rescheduled.
All prices shown on this Website are in United States Dollars (USD) and all payments must be made in USD.
DISCLAIMER OF WARRANTIES
ALL CONTENT AVAILABLE THROUGH THIS WEBSITE IS PROVIDED “AS IS”. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER THIS COMPANY NOR ITS AGENTS WARRANT THAT THE CONTENT WILL BE AVAILABLE INDEFINITELY, OR THAT SAID CONTENT IS ACCURATE, RELIABLE OR CORRECT.
FURTHERMORE, THE COMPANY DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS IN THE UNITED STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AGENTS, AFFILIATED COMPANIES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF THIS COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO THE COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT ALLOWABLE BY LAW.
Severability and Integration
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and the Company with respect to this Website and supersedes all prior or contemporaneous communications between you and the Company with respect to this Website and its Content. If any part of the terms stated herein is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law, to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Jurisdiction of Dispute Resolution
These Terms of Service and Product Use shall be governed by and construed in accordance with the laws of the State of Oregon. You hereby consent to binding arbitration in the State of Oregon to resolve any disputes arising under these terms.
How To Contact The Company
Posted: July 22, 2016