LEGAL DISCLAIMER AND TERMS OF USE
Thank you for visiting this website (the website) and reading its materials. We would like to inform you about some rules set for our users, and we ask you to read them. These terms of use are entered into by and between you and esmogbalancer.com, and all its affiliated companies (“Life Balancer”, “we”, or “us”). Please note that access to, use of, or downloading and submitting of information, software, files, or images (collectively ‘the materials’) from this website is subject to the terms and conditions below (the “Terms of Use”).
This website contains information that is the property of esmogbalancer.com. We keep all the rights on those materials, which are placed on the website for your convenience. Information on this website is provided “as is”, without any additional support or warranty. Esmogbalancer.com is not responsible for any possible problems or losses in case of using this information for any purpose.
We do not provide any rights to reproduce, re-distribute, sell, publish, broadcast, or circulate any materials contained in this website to anyone, except for personal purposes. We reserve the right, in our discretion, to add, modify, or remove portions of these Terms of Use at any time and for any reason.
If you visit our website, you agree to be bound by these Terms of Use. If you do not agree with any of these terms, you are prohibited from using or accessing this website or any data or services provided through the website; and you should exit the website immediately.
The contents such as graphics, images, text, quoted information and all other materials (“Content”) are provided for reference purposes only and do not claim to be complete or exhaustive or to be applicable to any particular condition. This website assumes no duty to correct or update the Content nor to resolve or clarify any inconsistent information that may be a part of the Content. Reliance on any Content is solely at your risk. This website may contain health or medically related materials. You are warned, that if you are offended by such Content, an alternative source of information should be found. Publication of information or reference in the website to specific sources such as specific products or procedures is for information purposes only.
Disclaimer related to the product:
As a legal disclaimer, we make the following declaration: Please note that this declaration applies both to all statements on this website in text form or graphics and to all videos which are part of this website.
So far, the effect of the device has not been scientifically or conventional medicine confirmed. The testimonials, both in text and image form, as well as those shown in videos, reflect the experiences of individual users of the Esmog Balancer. You may or may not have the same experience. The test reports which can be presented both in text and image form, as well as those shown in videos, reflect the individual test results, which were obtained from voluntary test subjects when testing the Esmog Balancer. These tests may, but need not, give you comparable results. We test our products internally according to our quality management system. We do not make any guarantees or claims of their effectiveness. We present our subjective opinion about the device. It is for you to decide if you prefer to use this product or not. The effects of the use of the product were not yet proven by independent testing laboratories. We can only share the testimonies of our clients and their personal opinions about the device. The device is not intended to be used for medical conditions in any way. If you have a medical condition or question, please contact your health care provider promptly. Please note that the Esmog Balancer is not a medical device; it does not promise a cure and can never replace a visit to your doctor!
- Terms
1.1. By accessing this website, you agree to be bound by these website Terms of Use, all applicable laws and regulations. You agree that you are responsible for compliance with any applicable local laws. By registering as a user of the website or by using of site, you agree to:
- comply strictly with these Terms of Use;
- not violate intellectual property rights;
- not violate privacy rights;
- the processing of your data according to the Privacy Notice below.
1.2. You will not use this website or any data or services provided through the website for, or to encourage any unlawful purpose; nor post or transmit on the website inaccurate, incomplete or false information (including in the case of candidates, biographical information about yourself and/or information about your ability to work in certain countries); nor will you post or transmit on the website any libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You confirm that you will not post or transmit on the website any material which contains any virus or other disabling devices which interferes or may interfere with the operation of the website; or which alters or deletes any information which you have no authority to alter or delete; or which overloads the website by spamming or flooding it. You will not use any device, routine or software to crash, delay, or otherwise damage the operation of this website. You will not use the website in a manner that could damage, disable or impair the services or content being provided by Esmogbalancer.com. You must not attempt to gain unlawful or unauthorized access to the website, other resource material, computer systems or networks connected to any server associated with the website through hacking, password mining or any other improper or illegal means.
1.3. If you are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password, or other security information. You are solely responsible for all activities that occur in connection with your account and must not bring about harm to any of the other users, third-parties, or Esmogbalancer.com. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
1.4. We have the right to disable any user name, password or other identifiers, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use and we otherwise determine is in our best interests.
- Intellectual Property Rights
2.1. The materials contained in this website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video, podcast and audio), and the design, selection and arrangement thereof, are owned by Esmogbalancer.com, its licensors or other providers of such material and are protected by Switzerland and international copyright, trademark, trade dress, trade secret and other intellectual property or proprietary rights laws. The material in this site is provided for lawful purposes only.
2.2. The trademarks, logos and service marks (collectively the “trademarks”) displayed on the website are registered trademarks of Esmogbalancer.com.
2.3. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without written permission of Esmogbalancer.com. Your use of the trademarks or any other content on the website is strictly prohibited, unless specifically authorized. You are advised that Esmogbalancer.com will aggressively enforce its intellectual property rights to the fullest extent of the law.
2.4. Permission is granted to temporarily download the materials for personal, non-commercial use, for purposes of expanding your knowledge or education only. This is a grant of a license, not a transfer of title, and under this license, you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on this website;
- remove any copyright or other proprietary notations from the materials;
- transfer the materials to another person or “mirror” the materials on any other server; or
- download, upload print, display, perform, reproduce, publish, license, post, transmit, modify, adapt, or distribute any content in whole or in part without Esmogbalancer.com written authorization.
2.5. This license shall automatically terminate if you violate any of these restrictions in this Section 2 and may be terminated by Esmogbalancer.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
2.6. In the event that you notice a violation of Esmogbalancer.com’s copyrights on any third party website, please send a report of such copyright of third parties please send a report of copyrights violations via this link.
2.7. You agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the legal owner to post the material and to grant to Esmogbalancer.com all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage Esmogbalancer.com or any third-party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, harmful to children, in violation of any third party’s rights or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business; and (e) submit or transmit any viruses, worms, Trojan horses and other harmful or malicious code, files, scripts, agents or programs. Esmogbalancer.com does not endorse any user submissions or any opinion, recommendation, or advice expressed therein, and Esmogbalancer.com expressly disclaims any and all liability in connection with user submissions. Esmogbalancer.com does not permit copyright infringing activities and infringement of intellectual property rights on the website or the services, and Esmogbalancer.com will remove all content and user submissions if properly notified that such content or user submission infringes another’s intellectual property rights. You acknowledge that Esmogbalancer.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or remove content and user submissions without prior notice. Esmogbalancer.com also reserves the right to terminate a user’s access to the website and services, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the website and/or the services more than twice. Esmogbalancer.com also reserves the right to decide whether content or a user submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Esmogbalancer.com may, at its sole discretion, remove such user submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice.
2.8. Esmogbalancer.com doesn’t own content you submit to this website. Esmogbalancer.com can use the content you’ve submitted. You grant to Esmogbalancer.com the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, reproduce edit, modify, reformat, excerpt, delete, translate, perform, distribute, exercise, commercialize and disclose to third parties any such content. You represent and warrant that you own or control all rights in and to your contributions to the website and have the right to grant the license granted above to us.
2.9. You understand and acknowledge that you are responsible for any user contributions you submit or contribute, and you, not Esmogbalancer.com, has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- Monitoring and Enforcement; Termination
3.1. We have the right to: (i) take any action with respect to any information you submit to the website that we deem necessary or appropriate if we believe that such information violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the website or the public, or could create liability for the Esmogbalancer.com; (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website; and/or (iv) terminate or suspend your access to all or part of the website for any or no reason, including without limitation, any violation of these Terms of Use.
3.2. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. YOU WAIVE AND HOLD HARMLESS ESMOGBALANCER.COM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ESMOGBALANCER.COM DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER ESMOGBALANCER.COM OR LAW ENFORCEMENT AUTHORITIES.
3.3. However, we cannot review all material before it is posted on the website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Disclaimer
4.1. The material in this website could include technical inaccuracies or typographical errors. Esmogbalancer.com may make changes or improvements at any time. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS EXPRESSLY PROVIDED HEREIN, ESMOGBALANCER.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND EXPRESSED, IMPLIED OR STATUTORY, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. ESMOGBALANCER.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE SECURE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ESMOGBALANCER.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ESMOGBALANCER.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE FOREGOING EXCLUSION DOES NOT AFFECT ANY IMPLIED WARRANTY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
4.2. This website contains downloadable materials as well as links to external websites. Esmogbalancer.com is not responsible for, and has no control over, the content of such downloadable materials or external websites.
4.3. You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
4.4. Unless specified otherwise, any information you submit in connection with this website shall be considered as non-confidential and non-proprietary. You represent that you have the lawful right to submit such information. By supplying such information, you give to Esmogbalancer.com the right to use it on an unrestricted basis. We do not require any ‘sensitive’ data in our online recruitment process. We therefore kindly request you not to communicate any personal details revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, health or sex life, litigation or judicial convictions. If you nevertheless provide us with such sensitive data, you agree that we may process it for our recruitment purposes.
4.5. Esmogbalancer.com does not guarantee that any employer or client will ask for a candidate’s information that was submitted through this website, or will interview or hire a candidate, or that any candidates will be available or will meet the needs of any employer or client. We make no representation or warranty as to the final terms and duration of any appointment obtained through this website. We do not guarantee that any employer or client will keep confidential any candidate information or data provided to them.
4.6. The documents provided on this website Esmogbalancer.com undertakes no obligation to publicly update any statements for any reason after the date of this news release whether as a result of new information, future events or otherwise.
4.7. Any transactions described on the website as having been engaged in by Esmogbalancer.com are included as representative transactions for illustrative purposes only, and may not be representative of all transactions engaged in by Esmogbalancer.com.
- Limitations
5.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ESMOGBALANCER.COM, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF ESMOGBALANCER.COM OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. ESMOGBALANCER.COM WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, AND DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE TOTAL LIABILITY OF ESMOGBALANCER.COM TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.
- Revisions
The materials appearing on this website could include technical, typographical, or other errors. Esmogbalancer.com does not warrant that any of the materials on its website are accurate, complete, or current. Esmogbalancer.com may make changes to the materials contained on its website at any time without notice. We may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the current version of Terms of Use.
- Links
This website contains downloadable materials as well as links to external websites and resources provided by third parties; these links are provided for your convenience only. Esmogbalancer.com is not responsible for and has no control over, the content of such downloadable materials or external websites. All such content is solely the responsibility of the person or entity providing such content. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The inclusion of any link does not imply endorsement by Esmogbalancer.com. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Privacy
8.1. Any personal information that you provide to us on this website is subject to our Privacy Policy which is incorporated into these Terms by reference as if set forth fully herein.
8.2. Esmogbalancer.com is obliged to comply with governmental requests, subpoenas, and court orders and has the right to ensure the integrity of operations. Taking in the account above written you are hereby notified that Esmogbalancer.com may disclose any information and content considered necessary to disclose by a government body or court on the basis of written requests, subpoenas, and court orders without limitation.
- Governing Law
Any claim relating to this website or materials shall be governed by, and interpreted in accordance with, the laws of Switzerland without regard to its conflicts of law principles.
- Indemnification
You agree to defend, indemnify and hold the website, and its subsidiaries, affiliates, officers, directors, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, co-branders, licensees, members and attorneys harmless from and against any and all suits, actions, claims, demands, proceedings (whether judicial, regulatory, or administrative), damages, settlements, judgments, injuries, liabilities, losses, risks, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from the website, your use of the website, your fraud, violation of the law, or willful misconduct, and any breach by you of these Terms of Use.
- Availability
We use reasonable efforts to ensure that the website is generally available. However, there will be occasions when access to the website will be interrupted or unavailable. We will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the website. You are responsible for obtaining access to the website and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the website.
- Waiver and Severability
No waiver by Esmogbalancer.com of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Esmogbalancer.com to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
- Changes to Terms of Use
Esmogbalancer.com may at any time and at its sole discretion modify these Terms of Use, including Privacy Policy with or without notice to the User. Any such modification will be effective immediately upon public posting. Your continued use of website, services following any such modification constitutes your acceptance of these modified Terms of Use.
You are expected to check this page periodically to take notice of any changes, as they are binding on you.
- Entire Agreement
The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and Esmogbalancer.com regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.
PRIVACY POLICY
Data protection principles
The esmogbalancer.com is committed to processing data in accordance with its responsibilities under the GDPR.
Article 5 of the GDPR requires that personal data shall be:
- processed lawfully, fairly and in a transparent manner in relation to individuals;
- collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
- adequate, relevant and limited to what is necessary for relation to the purposes for which they are processed;
- accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
- kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to the implementation of the appropriate technical and organizational measures required by the GDPR to safeguard the rights and freedoms of individuals; and
- processed in a manner that ensures adequate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.”
2. General provisions
- This policy applies to all personal data processed by the ecom.
- The Responsible Person shall take responsibility for the ecom’s ongoing compliance with this policy.
3. Lawful, fair and transparent processing
- To ensure its processing of data is lawful, fair, and transparent, the ecom shall maintain a Register of Systems.
- The Register of Systems shall be reviewed at least annually.
- Individuals have the right to access their personal data and any such requests made to the esmogbalancer.com shall be dealt with in a timely manner.
4. Lawful purposes
- All data processed by the esmogbalancer.com must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task, or legitimate interests.
- The Esmogbalancer.com shall note the appropriate lawful basis in the Register of Systems.
- Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.
- Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in the com’s systems.
5. Data minimization
- The Esmogbalancer.com shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
- [Add considerations relevant to the Esmogbalancer.com’s particular systems]
6. Accuracy
- The Esmogbalancer.com shall take reasonable steps to ensure personal data is accurate.
- Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.
7. Archiving / removal
- To ensure that personal data is kept for no longer than necessary, the Esmogbalancer.com shall put in place an archiving policy for each area in which personal data is processed and review this process annually.
- The archiving policy shall consider what data should/must be retained, for how long, and why.
8. Security
- The Esmogbalancer.com shall ensure that personal data is stored securely using modern software that is kept-up-to-date.
- Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorized sharing of information.
- When personal data is deleted this should be done safely such that the data is irrecoverable.
- Appropriate back-up and disaster recovery solutions shall be in place.
9. Breach
In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data, the Esmogbalancer.com shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO.
END OF POLICY