GENERAL TERMS AND CONDITIONS

DISCLAIMER AND TERMS OF USE AGREEMENT

Last Updated on 11 May 2018. This Terms of Service is effective immediately for Users after that date.

General

This website rolandbal.com (the “Site”) is owned and operated by Roland Bal. By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site and Roland Bal.

The author and publisher make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of this Site. The information contained in the Site is strictly for educational purposes. Therefore, if you wish to apply ideas contained in the Site, you are taking full responsibility for your own actions.

Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from us. 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 website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Age Restrictions

Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

Description of Services

The “Services” shall mean all communication services, features, products, and services available or otherwise used by you on or through the Site or a website that embeds or makes available the Site’s Services.

You may use the Services on the site to access online counseling services or to acquire some of our digital products.

Digital Content

The download of and access to any paid Digital Content is available only to Customers and is intended only for such Customers personal and non-commercial use. Any other use of Paid Digital Content downloaded or accessed from the Service is strictly prohibited. Customers may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of any Digital Content, in whole or in part. By downloading or otherwise accessing Digital Content from the Service, the Customer hereby acknowledges and agrees to these terms.

Payment Methods

Only Users may purchase Digital Content or our Counseling Services.

This Website accepts the following payment methods and credit cards: Visa, MasterCard, American Express, PayPal.

Linked Payment Processing Accounts

Any “linked” payment processing accounts with third parties (such as PayPal) will appear in your profile on the Site, and you will be able to view at least certain summary information for all such accounts.

About PayPal Security: When you click on the purchase button, you will go to PayPal, the global leader in online payments, to pay for products or services at the Site at no extra charge to you. PayPal makes its money by charging the Site a commission, not you.

PayPal gives you the option of creating an account with PayPal or simply paying directly with your credit card or debit card. If you choose to create an account, the sign-up process is quick, easy, and safe. With a PayPal account, you will be able to quickly and conveniently pay online for services and products worldwide.

PayPal uses industry-leading technology to keep your credit card information safe. It automatically encrypts your confidential information in transit from your computer to PayPal’s computer using the Secure Sockets Layer (SSL) protocol with an encryption key length of 128-bits – the highest level commercially available. Once your information reaches the PayPal site, it resides on a server that is heavily guarded both physically and electronically. PayPal servers sit behind an electronic firewall and are not directly connected to the internet, so your private information is available only to authorized computers.

PayPal is committed to protecting the privacy of its users. When you pay for my services using PayPal, I will never see your bank account number or credit card number. I only receive an email from PayPal with the following information: the amount you paid, for which services, your email address, date of sign-up, and whether or not you have completed PayPal’s verification process.

Refund

We at the Site (rolandbal.com) want you to be satisfied with your purchase. If you have any questions or problems, please let us know by contacting us directly at this email: roland@rolandbal.com

You are entitled by law to withdraw, without having to give any reasons, within fourteen (14) days from the day the product is ordered on the Site and has been received by you, as the customer or the day the service is ordered on the Site and its performance has commenced.

To exercise your right to withdraw, you must notify your intention to withdraw to Roland Bal before the expiry of the applicable withdrawal period. Therefore, you may do so by using following methods:

• By sending an unambiguous declaration expressing clearly your intention to withdraw, by e-mail to the following address: roland@rolandbal.com

Usage of Site

Site Content. None of the Site content should be considered medical advice or an endorsement, representation or warranty that any particular suggestion of treatment is safe, appropriate, or effective for you.

• You agree, confirm and acknowledge that although the Site and Roland Bal may provide online counseling services through this platform, we cannot assess whether the use of the Site is right and suitable for your needs. The platform does not include the provision of medical care, mental health services, or other professional services by us. It is up to you to consider and decide whether online counseling is appropriate for you or not.

• You agree, confirm and acknowledge that you are aware of the fact that the services offered by the Site are not a complete substitute for a face-to-face examination and/or session by a licensed qualified professional. You should never rely on or make health or well-being decisions primarily based on information provided as part of information and services provided by the Site. Furthermore, we strongly recommend that you consider seeking advice by having an in-person appointment with a licensed and qualified professional. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare practitioners when needed.

• You are advised to exercise a high level of care and caution in the use of this Platform.

• If you are thinking about suicide or if you are considering to take actions that may cause harm to you or to others or in case of any medical emergency, you must immediately call the emergency service number (911 in the US and 112 in Europe) and notify the relevant authorities. You acknowledge, confirm and agree that the platform is not designed for use in any of the aforementioned cases and that you must not use the platform in any of the aforementioned cases.

• The platform is not intended for diagnosis, including information regarding which drugs or treatment that may be appropriate for you, and you should disregard any such advice.

Privacy

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please go here.

Disclaimer

Client understands that Roland Bal is not a conventionally qualified medical practitioner and accepts that his training and qualifications are bona fide in the field of online counseling. Client confirms being informed of the relevance and purpose of providing personal history and/or accepts treatment procedures which Roland Bal may undertake, and that Client hereby gives consent thereto.

Online Counseling is not intended to replace medical advice. Patient individuality makes it imperative for supervision by medical healthcare professionals at all times. As such, Roland Bal and www.rolandbal.com, cannot accept liability for any problems arising directly or indirectly from the application of the online counseling sessions, programs or purchased products.

Client understands their participation in any program, individual session(s) or purchased products will not diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician by their own judgment.

Our Limited License to You

This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us

By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a 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 material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire as stated in the Berne Convention applicable for the European Union Copyright Law, as amended. As such, the copyrights in those works shall belong to us from their creation. Thus, we shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as we determine. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to us all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted materials which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Third Party Links

This site might have links to third party sites including sites related to the Site’s services as well as links to sites on other topics.

The Site is not responsible or liable for the availability or accuracy of, and the Site does not endorse, sponsor, or recommend such websites or resources, or the content, products, or services on or available from such websites or resources. When we make available such third-party links or resources on the Site or through the Services, you must look solely to the third party with respect to the content, products, or services they provide. We do not endorse and are not responsible for any of the content, products, or services provided by others. Your use of the websites or resources of third parties is at your own risk. The Site and its affiliates will not be liable for any of your losses arising out of or relating to the websites or resources of third parties.

Online Commerce

You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

• Restrict or inhibit any other user from using and enjoying the Site.

• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.

• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.

• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.

• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

• Purchase, download or copy any products or services from this site and use to pirate said content.

We may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. www.rolandbal.com and Roland Bal or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats, and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by www.rolandbal.com and Roland Bal, www.rolandbal.com and Roland Bal’s outside contributors, or by users not connected with the Site and Roland Bal, some of whom may employ anonymous user-names.

The Site and Roland Bal expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.

The Site and Roland Bal has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Site or related to the Site. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Registration

In order to access certain features of the Services, you will be required to become a registered user of the Services by creating an account (“Account”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. When you purchase a digital product, a password will be created for you. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions regarding your Account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your Account (for example, your password has been lost or stolen, someone has attempted to use the Services through your account without your consent or your Account has been accessed without your permission). We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your password through your web browser or other software.

You agree that the information that you provide to us at all times, including during registration and in any information you upload to your online profile maintained by or through the Services will be true, accurate, current, and complete. This information includes, but is not limited to, name, address, phone numbers, email addresses, payment information, and account numbers. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Changes can be made in your user profile. Each time you log in to our Services, we will remind you to update your information, but you are solely responsible for the accuracy and completeness of your information. By using the Services, you are consenting to truthfully complete questions to the best of your knowledge and ability. By creating an Account, you expressly consent to the use of; (a) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Services. The Site cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Communication Fees And Charges

You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Services.

Changes in Services/Interruptions in Service

We may revise, discontinue, or otherwise modify, temporarily or permanently, the Services or any part thereof (including, without limitation, the Site, this Terms of Services, the scope of the Services, and any materials related to the Services), or your access thereto. Without limiting the foregoing, we reserve the right at any time to terminate this Terms of Services as to all prior versions of the Services and/or related materials and limit access to our more recent versions and updates.

You may choose to accept or decline our changes by closing, continuing or discontinuing use of the Services to which these changes relate. Your use of the Services after we make any changes will constitute your agreement to such changes and the then current version of this Terms of Services as posted on the Site.

We may, from time to time perform maintenance upon the Services or experience hardware, software or other problems related to the Services, resulting in interrupted service, delays or errors in the Services. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

User acknowledges and agrees that no representation has been made by the Site and Roland Bal OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in or purchase of any product or service on this SITE.

The author and publisher disclaim any warranties (express or implied), merchantability, or fitness for any particular purpose. The author and publisher shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided “as is”, and without warranties.

As always, the advice of a competent legal, tax, accounting or other professional should be sought.

The author and publisher do not warrant the performance, effectiveness or applicability of any sites listed or linked to in rolandbal.com.

All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

Indemnification

You will defend, indemnify and hold the Site and Roland Bal and its affiliates, directors, officers, employees, consultants and agents harmless from any and all claims, actions, proceedings, losses, damages, liabilities and expenses, including reasonable attorneys’ fees and amounts awarded by a court or paid in settlement, arising from or related to (i) any services or treatment provided by you to an End User resulting from your use of the Services or the Site, or (ii) any breach of a representation or warranty hereunder.

Errors and Inaccuracies

The information on the Site including, without limitation, information regarding pricing, may contain typographical errors or other errors or inaccuracies, and may not be complete or current. Breakthrough reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. www.rolandbal.com and Roland Bal will not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. The Site and Roland Bal reserve the right to refuse to fill any orders or provide Services that are based on inaccurate or erroneous information on the Site, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.

Termination and Cancellation

Either Roland Bal or you may terminate your Account. If the Site terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

If the Site terminates your Account, any current or pending orders or payments on your Account will be canceled and provision of Services will not commence.

The Site reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.

If orders or payments are canceled for any reason prior to the commencement of Services provision you will be refunded any monies paid in relation to those purchases

If you terminate your Account any non-completed orders or payments will be canceled and you will be refunded any monies paid in relation to those orders.

Other

The Copyright law provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the European Union copyright law. If you believe in good faith that materials hosted by the Site and Roland Bal infringe your copyright, you, or your agent may send to www.rolandbal.com and Roland Bal a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements shall not be considered sufficient notice and shall not be deemed to confer upon the Site and Roland Bal actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send to the Site and Roland Bal a counter-notice.

This Agreement shall be binding upon and inure to the benefit of the Site and Roland Bal and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of the Site and Roland Bal. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by the Site and Roland Bal to any affiliated entity or any of its wholly-owned subsidiaries.

Governing Law and Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of Spain and any dispute shall be subject to binding arbitration in Spain, Barcelona. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

The Site is © copyrighted by Roland Bal and is protected under the copyright law of the European Union and all other applicable international, federal, state and local laws, with ALL rights reserved. No part of this may be copied, or changed in any format, sold, or used in any way other than what is outlined within the Site under any circumstances without express permission from Roland Bal.