Disclaimer
Last updated: February 24, 2017
95 Plus App disclaimer
This website/app offers mental, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional.
Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this website/app. The use of any information provided on this website/app is solely at your own risk.
The information contained on the www.95plus.com website and mobile app (the “Service”) is for general information purposes only.
Balbuena Consulting LLC assumes no responsibility for errors or omissions in the contents on the Service.
In no event shall Balbuena Consulting LLC be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. Balbuena Consulting LLC reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice.
By use of this website/app and its content, you hereby release Balbuena Consulting LLC from any and all liability for injury to your person or damage to property, whether based on allegations of negligence or not, in any way incurred by reason of your participation in any sports activity, team or program (“Activity”) which is conducted using Balbuena Consulting LLC website/app for instruction and information.
You understand that your participation is completely optional and that you may participate only under the condition that you agree and consent to the terms of this Release. You acknowledge that you have freely and voluntarily elected to participate in this Activity under the terms of this Release. You further irrevocably and absolutely agree that Balbuena Consulting LLC shall not be liable for, and you will hold harmless Balbuena Consulting LLC from, any claims, loss, damage, expense, costs and liability related in any way to the Activity and your decision to participate in the Activity, including but not limited to any claims arising out of any injuries or consequences whatsoever from the Activity.
You expressly waive all of the benefits and rights granted to me under Civil Code § 1542, which provides generally as follows:
“A general release does not extend to claims which the creditor does not know of or suspect to exist in his or her favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You certify that you have read all of this Release, including the quoted California Civil Code section, and fully understand all of the same. By use of this application or app, you hereby expressly agree that this Release shall extend and apply to all unknown, unsuspected and unanticipated injuries and damages.
You further declare and represent that no promise, inducement or agreement not herein expressed has been made to you, and that this Release contains the full and entire agreement between you and Balbuena Consulting LLC, and that the terms of this Release are contractual and not a mere recital.
Balbuena Consulting LLC does not warrant that the website/app is free of viruses or other harmful components.