TERMS AND CONDITIONS



PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.


I. General Product Information

Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Web site, BalaFive.com (this "Web Site"), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. BalaFive™ products are distributed by Innovations 4 Health, LLC ("I4H"), which operates this Web Site (heretofore known as I4H, “we” or “us”), make all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used as directed. We are committed to respecting your online privacy and recognize your need for appropriate protection and management of information you share with us. We have established this privacy and security policy ("Privacy Policy") to let you know what information we may collect from you on the Site and how we may use and share that information. Please take a moment to review the terms of our Privacy Policy. By using the Site, you agree to accept the terms of our Privacy Policy. Except as expressly provided herein, this Privacy Policy applies only to information that we collect on the Site and does not apply to information, which we may collect by other means.

II. Shipping Information

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

General Shipping Information


Back-ordered items


Additional Shipping Details


III. Warranty and Return Policy

30 Day Money-Back Guarantee

We want you to be fully satisfied with every item that you purchase from us. If you are not satisfied with an item that you have purchased, you may return the item within 30 days from the order date for a full refund or credit of the purchase price, minus the shipping and handling. The item must be returned, unused or used, in good condition, in original boxes (whenever possible), and with all paperwork to ensure full credit. This only applies, however, to items that are purchased separately and not as any package that includes MedActiv due to the following notation.

IMPORTANT NOTE: Our Standard Return policy does not apply to the MedActiv Program. Due to the fact that MedActiv is a medical food distributed under prescription and by a licensed physician, once the product is received and opened it CANNOT be returned.

Returning an Item

The packing slip in your package will contain detailed instructions for returning an item. Here are the basic steps:



Damaged/Defective Items

If you receive a damaged or defective item, contact a Customer Support Representative within 30 days of delivery through our contact page. Please include a copy of your original confirmation email that will include your order and item number. Be sure to include your email address and your primary contact phone number. We will make every reasonable effort to replace the item in a timely manner. We cover shipping charges if there was damage to the item as a result of the shipping process. If there is extensive damage to the packaging, contact a Customer Service Representative immediately at the link provided on our contact page. Please provide your order number with correspondence you may have with I4H via the BalaFive.com website.

IV. Not Healthcare Advice

This site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and/or through this Site, including information that may be provided on the Site (directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, "Healthcare Professional") regarding any medical or health-related diagnosis or treatment options. The information provided on this Site and Linked Sites (as defined), including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. Again, this is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging. You should not use the information or services on this Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise/ fitness program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any potential interactions between any medication you are currently taking and nutritional supplements. Our employees are encouraged to voluntarily participate in our forums including describing their experiences with specific products. Any comments made by employees in these forums or in reviewing products are strictly their own personal views and are limited and identified as their individual comments. These comments are not claims made by, nor do they represent the view or position of the company.

V. Personal Information

We are committed to respecting your online privacy and recognize your need for appropriate protection and management of information you share with us. We have established this privacy and security policy ("Privacy Policy") to let you know what information we may collect from you on the Site and how we may use and share that information. Please take a moment to review the terms of our Privacy Policy. By using the Site, you agree to accept the terms of our Privacy Policy. Except as expressly provided herein, this Privacy Policy applies only to information that we collect on the Site and does not apply to information, which we may collect by other means. Personal Information means any information that may be used to identify an individual, including, but not limited to, first and last name, home or other physical address, telephone number, email address, credit card information. In general, you can visit the Site without telling us who you are or revealing any Personal Information about yourself. However, in order to make a purchase on the Site, we require you to register for an account and provide Personal Information. Moreover, other features or services may require you to provide Personal Information, such as completing the physician consultation component of the BalaFive™ Weight Management Program. For example, we may collect certain Personal Information if you choose to subscribe to a mailing list, participate in special offers, sweepstakes or other promotions, participate in our loyalty program or send questions or comments to us via email. Of course, should you purchase any products on the Site, we will collect Personal Information from you, which we will use to fulfill your order and for other purposes consistent with this Privacy Policy. Depending on how you use the Site, we may also collect Personal Information if you include Personal Information in any content you upload to the Site, e.g. as part of a product review, by posting to our Facebook page or other social media site, or as part of a post in a chat room. We will also collect Personal Information from you where you voluntarily provide it to us, including where you submit a question to our customer service personnel through our Site. We may also collect certain demographic information (such as gender or age) and information about your interests and preferences ("Preferences Information"). In many cases, providing such demographic and Preference Information together with your Personal Information is optional. In other cases, such as online surveys, we collect this information on an anonymous basis. However, if we link any demographic or Preference Information to any Personal Information, then such demographic and Preference Information will be treated as Personal Information under our Privacy Policy. For some features of the Site, you may be able to submit information about other people. For example, if you wish to email an article from the Site or send information about an interesting product to a friend, you will submit your friend's email address, or if you make a purchase for another person on the Site and want it shipped directly to that person, you may submit the recipient's name, address and certain other contact information. I4H will use and store any such information that we collect from you about another person to carry out your request and for our own internal marketing purposes.

VI. Aggregate Information

From time to time, I4H may collect general, non-personal, statistical information about the use of the Site, such as how many visitors visit a specific page on the Site, how long they stay on that page and which hyperlinks, if any, they "click" on. We collect this information through the use of "cookies" and other tracking technologies, which are discussed in greater detail below. We collect this information in order to determine which areas of the Site are most popular and to enhance the Site for visitors. We may group this information into aggregate visitor data in order to describe the use of the Site to our existing or potential business partners, sponsors, advertisers or other third parties, or in response to a government request. I4H may also group demographic and preferences information and responses to surveys that we collect from visitors into aggregate data for the same purposes. However, please be assured that this aggregate data will not be disclosed together with your Personal Information under these circumstances. You can disable cookies in your computer settings and also delete cookies at any given time.

VII. Cookies and Other Tracking Information

Some of our web pages utilize "cookies" and other tracking technologies. A cookie is a small text file that a website transfers to an individual's hard drive that is used for a variety of purposes, including accruing information from previous visits that allows the website to load much faster. We also use cookies to collect information about website activity, to maintain your shopping experience in our online store, and to make product recommendations to you. We do not save credit card information in cookies. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of the Site may not function properly or may be slower if you refuse cookies (this is common among most websites). Moreover, your ability to complete a purchase may be compromised without enabling cookies in your Internet browser. You may occasionally get cookies from third parties that may have links on the Site (as in Section XII). We have no control over cookies on their sites or their privacy and/or tracking guidelines. Tracking technologies may record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and operating system types; clickstream patterns; and dates and times that a Site is accessed, and purchases. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that "serve up" web pages; automatically identify your computer by its IP address. We may link the information we record using tracking technologies to Personal Information we collect at the Site for our own Internal marketing and advertising efforts. However, we do not share this Personal Information with third parties. In addition, we may use IP addresses and other tracking technologies to identify a visitor when we feel it is necessary to enforce the Site's policies, to protect the Site, our customers or others, or when we believe in good faith that the law or judicial requires it. The Site may also use a technology called "tracer tags". These may also be referred to as "Clear GIFs" or "Web Beacons". This technology is an invisible graphic on a web page that is programmed to collect non-personally identifiable information and allows us to understand which pages on the site are most visited. These tracer tags are used to help us optimize and tailor the Site for the user allows us to provide personalized services and advertising content.


VIII. How We Use and Share Your Personal Information

How We May Use Your Information

With respect to the Personal Information we collect, we may retain and use that information for several purposes. For example, we may use your Personal Information in order to process and fulfill any purchases you make on the Site (including any customary follow-up or confirmation communications regarding such purchases), process your catalog requests, enter you into contests you request, establish an account for you, update your loyalty account, respond to your questions, send emails to our mailing list subscribers, or, if you include Personal Information in any content uploaded to our Site, e.g. as part of a product review or a post in a chat room, as part of displaying or distributing such uploaded content or as part of our marketing and promotional activities. We may also use Personal Information to ensure compliance with our policies and applicable law. We may use your email address as a customer identifier on the Site. In addition, we may send you periodic communications by email or regular mail, such as news updates, special promotional offers or information on our products or services which may be of interest to you. If you wish to opt-out of receiving such promotional communications from us at any time, simply follow the instructions on the website. Further details are included within Section VI.

With Whom We May Share Your Information

I4H will not sell or rent your Personal Information to third parties for their direct marketing purposes. Except as disclosed below, you should never receive solicitations (i.e. “junk mail”) from unaffiliated third parties as a result of shopping or visiting this Site. However, we may disclose your Personal Information to third parties for other purposes, as set forth in this Privacy Policy. We may sometimes use other businesses to perform certain services for us, such as maintaining the Site and our mailing lists, processing orders and delivering products, sending postal mail and providing marketing assistance and data analysis. We may provide Personal Information to those businesses when that information is necessary for them to complete a requested transaction or otherwise perform their duties. As I4H develops, we may buy other businesses’ assets or sell our business assets. Customer information is generally one of the business assets involved in such transactions. Thus, in the event I4H or all of its assets are acquired, customer information would be one of the transferred assets. I4H fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities, and may in its sole discretion disclose Personal Information or other information to satisfy any law, regulation, subpoena, or government request, or in connection with litigation. I4H reserves the right to release Personal Information or other information about users who we believe are engaged in illegal activities or are otherwise in violation of our Terms of Use Agreement below, even without a subpoena, warrant or court order, if we believe in our sole discretion that such disclosure is necessary or appropriate to operate the Site, or to protect the rights or property I4H, its affiliates, or any of their officers, directors, or employees, agents, third party content providers, suppliers, sponsors, or licensors I4H also reserves the right to report to law enforcement agencies any activities we reasonably believe in our sole discretion to be unlawful.

IX. User Comments, Feedback, Postcards and Other Submissions

All comments, feedback, images, photographs, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to BalaFive.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain BalaFive.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to BalaFive.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, BalaFive.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. BalaFive.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

X. Privacy Preferences

You can change or update your Personal Information on the Site by accessing your account page. I4H also offers you control over your privacy preferences, where you can request to not receive promotional materials from us. You may update these preferences at any time. Please allow sufficient time for your preferences to be processed. If you do not want to receive promotional emails from I4H, please follow one of the three options below:


XI. Security

I4H intends to take reasonable steps to protect the Personal Information that you share with us from unauthorized access or disclosure. When you transmit Personal Information to our servers, your information is protected by both a "firewall" (a combination of computer hardware and software that helps keep unauthorized visitors from accessing information within our computer network) and industry standard SSL (secure socket layer) encryption. Unfortunately, no data transmission over the Internet or stored on a server can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your Personal Information. If you create an account on the Site, you may be asked to choose a password for your account, in which case your online account information shall be protected by your password. We recommend that you do not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. Credit card information collected by I4H is encrypted through SSL before it is transmitted over the Internet.

XII. Children's Privacy

This Site is not intended for use by children under the age of 18 and I4H does not knowingly collect or use any Personal Information from such children. If you are under the age of 18, do not submit any information to this Site.

XIII. Changes to Privacy Policy

The terms of this Privacy Policy may change from time to time. We will notify you of any material changes to this Privacy Policy by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made that this Privacy Policy has been updated, and by changing the "Last Updated" date at the top of this Privacy Policy. We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes. If you have questions about this Privacy Policy, or believe that I4H has acted inconsistently with this Privacy Policy, please contact us.


XIV. Third Party Websites

Please note that you may have cookies placed on your computer by third party websites that refer you to the Site. Although we do not share your Personal Information with these third party websites, they may be able to link certain non-personally identifiable information we transfer to them with Personal Information they previously collected from you. Please review the privacy policies of each website you visit to better understand their privacy practices. In addition, I4H would like to inform you that anytime you click on links (including advertising banners), which take you to third party websites, you will be subject to the third parties' privacy policies. While we support the protection of our customer's privacy on the Internet, I4H expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.

XV. Miscellaneous

This Privacy Policy and the privacy practices of I4H will be subject exclusively to the laws of the State of Delaware within the United States. I4H makes no representation that this Privacy Policy and our practices comply with the laws of any other country or jurisdiction. This Site is designed for residents of the United States. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you reside outside of the United States, by using our Site, you understand that we will collect certain information from you that you voluntarily submit to us and you consent to the transfer, processing, storage and use of your information to and in the United States.


XVI. Contact Us

If this Privacy Policy does not answer your questions about our data practices, please contact us.

XVII. Your California Privacy Rights

California Civil Code Section 1798.83 permits customers of I4H who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@BalaFive.com.