Balanced Corporate Solutions™,
LLC (BCS™) Terms &
Conditions and Privacy Policies
Last Updated: February 22, 2006
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Balanced Corporate Solutions™, LLC Privacy Policy
PLEASE READ THESE AGREEMENTS CAREFULLY BEFORE USING OUR
WEBSITE.
Balanced Corporate Solutions™,
LLC Website Terms and Conditions
1.0 Agreement
2.0 Use of ID and Password
assigned to the user
3.0 Conditions on Participation
4.0 Purpose of Services
5.0 Disclaimer regarding Content
6.0 Ownership of Information;
Downloading of Materials; Retransmission and Redistribution of Data
7.0 Our Data Providers'
Requirements
8.0 Disclaimer regarding Links and
Other Third Party Content
9.0 Subscriber Code of Conduct
10.0 Shared Files; Information You
Download
11.0 Materials You Post; Your
License to Other Users
12.0 Complaints over Perceived
Infringement
13.0 Disclaimer regarding
Investment Decisions and Trading
14.0 No Advice or Solicitation
15.0 Product Demonstrations
16.0 Professional/Non-Professional
Status
17.0 Access and Security
18.0 Disclaimer of Warranties and
Limitation of Liability
19.0 Indemnification
20.0 Modification and Termination
of Website; Modification of Website Terms and Conditions
21.0 Data Providers Enforcement
Right
22.0 Force Majeure
23.0 Entire Agreement
24.0 Severability
25.0 Choice of Law; Choice of Forum
26.0 Assignment
27.0 Survival
28.0 Your Consent
Balanced
Corporate Solutions™, LLC Website Terms and Conditions
1.0 Agreement
These Terms and Conditions (the “Website Terms and Conditions”) govern your use
of the Website, your receipt of any services and information through the
Website, and your use of any demonstrations versions of Balanced Corporate
Solutions™, LLC (BCS™)
products and services
available through the Website (collectively, the “Services”). The Services are
provided by BCS™ and these Website Terms and Conditions
constitute an agreement between you and BCS™. Other services available from
Balanced Corporate Solutions™, LLC or third parties through this Website may be governed by separate
agreements. In the event of any conflict between these Website Terms and
Conditions and/or our Privacy Policy and any separate agreement you have
executed or otherwise entered into with Balanced Corporate Solutions™, LLC regarding subscription services
or pother products or services
available through this Website, the terms of such separate agreement shall
control.
Please read these Website Terms and Conditions carefully; they impose legal
obligations on you. By accessing our Website or using the Services, you are
acknowledging that you have read and understood these Website Terms and
Conditions and agree to be legally bound by them.
In addition, if you register as a user (a “Subscriber”) of any of the
features of our Website or Services offered through our Website, during the
registration process (and from time to time as Balanced Corporate Solutions™,
LLC may require) you will be
prompted to click an “I Accept,” “Submit” or similar button, which further
confirms your agreement to be legally bound by these Website Terms and
Conditions and any additional terms and conditions of service that may apply to
the particular Service.
2.0 Use of ID and Password
assigned to the user
You agree Not Share Your User ID or Passwords with any other parties. If
assigned a general company access ID and Password for use by several users
within an organization the ID or Passwords will not be shared with any other
parties outside the organization or may be limited to a set number of users per
agreement.
3.0 Conditions on Participation
You may use the Services only if: (i) you are eighteen (18) years of age or
older and are of the age of consent in your jurisdiction; (ii) your use of the
Services will not violate any law in any applicable jurisdiction; (iii) you do not engage in any
conduct that will impede, impair or interfere with the functioning of the
Services; (iv) you agree not to reverse engineer any of the services or
WebPages; and (v) you agree to be bound by and abide by all of the provisions
of these Website Terms and Conditions.
4.0 Purpose of Services
The Services are made available solely as a convenience to you for
informational, transactional or other designated purposes.
5.0 Disclaimer regarding Content
Balanced Corporate Solutions™, LLC cannot and does not guarantee that the
information in the Services is accurate, reliable, current, complete or
appropriate for your needs. Certain information accessible through the Services
may be provided by users of the Services or by parties with whom Balanced
Corporate Solutions™, LLC has no relationship. Other information that Balanced
Corporate Solutions™, LLC obtains from third parties (collectively, the “Data
Providers”), is obtained from sources believed to be reliable. Nevertheless, due
to various factors, including the inherent possibility of human and mechanical
error, the accuracy, completeness, timeliness, results obtained from use or
correct sequencing of the information in the Services is not and cannot be
guaranteed by Balanced Corporate Solutions™, LLC or by any persons creating or transmitting such
information.
6.0 Ownership of Information;
Downloading of Materials; Retransmission and Redistribution of Data
Unless otherwise noted, all right, title and interest in and to the Website, and
information made available in the Services, in all languages, formats and media
throughout the world, including all copyrights and trademarks therein, are and
shall continue to be the exclusive property of Balanced Corporate Solutions™,
LLC, its affiliates or Data
Providers or other as noted on the site, or used under principles of “fair use.” Certain materials may be made
available for download from this Website. Subject to these Website Terms and
Conditions, Balanced Corporate Solutions™, LLC grants you permission to download and copy such materials
solely for your internal, non-commercial use unless otherwise agreed to in
writing; provided that all copyright
notices appearing on the originals are duplicated on all copies thereof; and
provided further, that you do not modify the materials in any way. Without
limiting any other right or remedy available to BCS™, at law or in equity,
the permission herein granted will automatically terminate in the event you
breach the terms of this paragraph and, in such event, you must destroy
immediately all downloaded materials in your possession, custody or control.
EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY THE PRECEDING PARAGRAPH, YOU AGREE
NOT TO REPRODUCE, RETRANSMIT, DISSEMINATE, SELL, DISTRIBUTE, PUBLISH, BROADCAST
OR CIRCULATE ANY OF THE SERVICES OR MATERIALS IN ANY MANNER OR FOR ANY PURPOSES
(WHETHER PERSONAL OR BUSINESS) WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF
Balanced Corporate Solutions™, LLC AND/OR THE RELEVANT DATA PROVIDERS. IN ADDITION, YOU SHALL NOT, WITHOUT
THE PRIOR EXPRESS WRITTEN CONSENT OF Balanced Corporate Solutions™, LLC AND THE RELEVANT DATA PROVIDERS,
MAKE COPIES OF ANY OF THE SOFTWARE OR DOCUMENTATION THAT MAY BE PROVIDED,
ELECTRONICALLY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, TRANSLATING,
DECOMPILING, DISASSEMBLING OR CREATING DERIVATIVE WORKS.
YOU FURTHER AGREE NOT TO USE THE SERVICES OR INFORMATION MADE AVAILABLE
THROUGH THE SERVICES FOR ANY UNLAWFUL PURPOSE AND AGREE TO COMPLY WITH
REASONABLE REQUESTS BY Balanced Corporate Solutions™, LLC TO PROTECT THE RESPECTIVE RIGHTS OF
BCS™, ITS
AFFILIATES, LICENSORS AND THE DATA PROVIDERS IN THE SERVICES AND IN THE
INFORMATION MADE AVAILABLE THROUGH THE SERVICES.
Attorney Privileged Information & Client Confidential Information
You agree not to share your User ID or Passwords with any other parties.
Unless otherwise indicated or obvious from the nature of any electronic communication from Balanced Corporate Solutions, LLC or its Associates or Partner Companies, the information contained within the electronic communication
or paper medium is ATTORNEY WORK PRODUCT and/or ATTORNEY PRIVILEGED
and/or CONFIDENTIAL information intended for use by the individual or entity
having a valid user name and password to the website and/or a valid contract
with Balanced Corporate Solutions, LLC or its Associates or Partner Companies. If the reader of
any materials/message is not the intended recipient, or the employee or agent responsible to
deliver it to the intended recipient, you are hereby notified that any
dissemination, distribution or copying of communications are strictly
prohibited. If you have received any communication in error or are not sure
whether it is privileged, DO NOT CONTINUE TO READ, notify Balanced Corporate
Solutions, LLC at 617-791-5445 or email us at legal@balanced-cs.com and destroy
any information you have obtained and/or log off the website. Thank you
Privacy Statement (This is a
minimal Privacy Statement, See Privacy Policies for further information)
Any electronic communication
or paper medium from
Balanced Corporate Solutions, LLC or its Associates or Partner Companies may
contain confidential protected information. This information is intended only
for the use of the individual or entity having a valid user name and password to
the project website. The authorized recipient of information is prohibited from
disclosing information to any other party unless required to do so by law
or regulation and if information is printed or stored by any means, mechanical,
electronic or otherwise, the authorized recipient is required to destroy the
information after its stated need has been fulfilled. If you have received an
electronic or paper or other communication in error, please contact Balanced Corporate Solutions,
LLC at 617-791-5445 or email us at legal@balanced-cs.com
7.0 Our Data Providers'
Requirements
These Website Terms and Conditions are subject to any requirements of
BCS™’s Data Providers under BCS™’s agreements with such Data Providers,
including such additional financial and contractual requirements as may be
imposed by such Data Providers from time to time.
8.0 Disclaimer regarding Links and Other Third Party
Content
From time to time, the Services may provide you with the ability to access
certain content from third parties, through links to the websites of such other
parties or through content that other parties, themselves, post on the Website.
When you access such third party content, YOU PROCEED AT YOUR OWN RISK. Balanced
Corporate Solutions™, LLC does not guarantee that it will screen such content or that such content will be
accurate, free from errors, consistent with what it purports to be appropriate
to fit your needs. You agree that Balanced Corporate Solutions™, LLC shall not be held liable for any
trading activities or other activities that occur on any website you access
through links on the Website. We provide these links as a convenience, and do
not endorse the content or services offered by these other sites.
If Balanced Corporate Solutions™, LLC permits users of the Services to post content to the Website,
Balanced Corporate Solutions™, LLC reserves the right to screen such content but does not guarantee that it
will do so. All decisions on whether or not to retain, disseminate or remove
content posted by users shall be made by Balanced Corporate Solutions™, LLC in its sole discretion. Users
are prohibited from using the Services to violate any laws or to violate the
rights of Balanced Corporate Solutions™, LLC or of any third parties, all as further provided in our
Subscriber Code of Conduct, below.
9.0 Subscriber Code of Conduct
When you register as a Subscriber or are set up with a User ID and Password
or you use the unprotected components at our Website, you gain access to a range
of Services, including the possible ability to participate in our chat room, exchange
instant messages, post messages to bulletin boards, and share files. The
following Subscriber Code of Conduct governs your use of these areas and any
other interactive areas on our Website:
I agree that I will not upload to, post at, or transmit through the Website:
(i) any materials that restrict or inhibit any other user from using and
enjoying the Website;
(ii) any materials that are unlawful, threatening, abusive, defamatory,
obscene, offensive, pornographic, profane, or indecent, including without
limitation any transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability or otherwise violate
applicable law or regulation;
(iii) any materials that violate or infringe the rights of others, including
without limitation rights under copyright, trademark, or patent law; rights of
privacy or publicity; or rights under securities or other applicable law; or
(iv) any materials that contain a virus or other harmful or illegal
component.
I further agree that I will not:
(i) alter, damage or delete any materials appearing on the Website;
(ii) disrupt the normal flow of communication on the Website, such as through
“spam” email or by other means;
(iii) claim a relationship with or speak for any business, organization, or
person for which I am not authorized to claim such a relationship; or
(iv) violate any operating rule, policy or guideline of my Internet access
provider or online service.
We reserve the right to prohibit or restrict conduct within an Interactive
Area, and reserve the right to edit, refuse to post, or to remove any content,
in whole or in part, which in our sole discretion we believe violates our
Subscriber Code of Conduct, or is otherwise objectionable.
10.0 Shared Files; Information
You Download
Balanced Corporate Solutions™, LLC cannot and does not guarantee or warrant that information
available for downloading through the Balanced Corporate Solutions™, LLC Website will be free of infection
or viruses, worms, Trojan horses or other code that manifests contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy
and security of data input and output, and for maintaining a means external to
Balanced Corporate Solutions™, LLC for the reconstruction of any lost information.
11.0 Materials You Post; Your
License to Other Users
By posting or transmitting, inputting or uploading information or content
(“Content”) to the Website, you warrant that such Content does not infringe the
rights of third parties. In addition, you automatically grant Balanced
Corporate Solutions™, LLC users, and Balanced Corporate Solutions™, LLC Subscribers under your intellectual property rights, a
royalty-free, perpetual, non-exclusive, worldwide license (with the right to
grant sublicenses) to use, copy, modify, distribute, publicly display, perform,
and otherwise exploit such Content, without compensation to you and materials
will be properly marked with trademarks, copyrights, patents or other to
indicate to the user proper ownership.
12.0 Complaints over Perceived
Infringement
Balanced Corporate Solutions™, LLC respects intellectual property rights. We will use efforts that are
commercially reasonable in light of available resources to accommodate generally
accepted technical measures used by copyright owners to identify and protect
their copyrighted works.
If you believe that materials posted on our Website infringe your rights under
copyright law in specific materials (collectively, a “Work”), we request that
you follow the procedure described below to notify us of your concerns or
objections. In turn, we agree to respond to your notice, as outlined below, and
remove, or disable access to material that you believe infringes your Work.
12.1.Balanced Corporate Solutions™,
LLC 's Designated Agent: If you believe materials posted on our Website infringe
the copyright in your Work, you must direct your concerns to :
Email: LEGAL@Balanced-cs.com
Balanced Corporate Solutions™, LLC
PO Box 15
Marblehead, MA 01945
Attention: legal
12.2. Content of Notice: You should notify our
us of
your concerns as follows:
(i) Place your concerns in writing, and sign the document;
(ii) Identify the Work which you believe is being infringed;
(iii) Identify the material on our Website which you believe infringes your
Work, and identify this material in a sufficient manner to permit us to locate
the material without undue searching; and
(iv) Provide in your notice sufficient information for us to contact you,
including an address, telephone number and, if available, an e-mail address.
To qualify for protection under this Section, you must believe in good faith
that the challenged use is unauthorized, and all statements in your notice must
be accurate, and signed under penalty of perjury.
12.3. Our Response; Upon receipt of a proper notice in the form
specified above (a “Notice”), we will/may remove or disable access to the materials
on our Website which you assert infringe your Work. We will also take steps to
promptly notify the person or persons responsible for the allegedly infringing
materials (the “Respondent”) that we have removed or disabled access to the
materials. Under the Digital Millennium Copyright Act, the Respondent is
provided an opportunity to dispute your claim that his or her materials infringe
your Work. By law, the Respondent may provide us with a “counter-notification.”
Upon receipt of a proper counter-notification, we will act as provided in the
Digital Millennium Copyright Act.
13.0
TBD
14.0 No Advice or Solicitation
The Services are for informational purposes only and should not be used or
construed as an offer to sell, a solicitation of an offer to buy, or an
endorsement, recommendation or sponsorship of any company or security by BCS™,
its affiliates, officers, directors, employees or agents. You acknowledge and
agree that neither the Website nor any of the Services is intended to supply
investment or financial advice, accounting or legal advice. Balanced Corporate Solutions™, LLC offers no advice regarding the nature,
potential value, or suitability or any particular security, transaction,
investment or investment strategy. You acknowledge and agree that the use of the
Website and Services, and any decisions made in reliance upon the Website and
Services, are made at your own risk.
15.0 Product Demonstrations
All product demonstrations (“demos”) may only be used during the time periods
specified for which they are offered. All demos must be used in accordance with
any accompanying instructions and may not be used for any reason other than
their intended purpose.
16.0 Professional/Non-Professional
Status
If you are a business professional you agree to use the Services in accordance
with your agreements with Balanced Corporate Solutions™, LLC. If you are not such a professional, you agree to use the Services
solely in your own individual capacity, and solely in connection with your own
individual personal activities and not in connection with any trade
or business activities. You agree to notify Balanced Corporate Solutions™,
LLC of any change to your
billing address within thirty (30) days of such change. Balanced Corporate
Solutions™, LLC will record the
date and time that your Information is created or modified by you.
If you are such a professional, you must contact Balanced Corporate Solutions™,
LLC Customer Service to obtain such
agreements. Unless you have obtained and executed such agreements, you hereby
represent and warrant: (i) that you are acting solely in your own individual capacity to
use the Services solely in connection with your own individual personal
activities and not in connection with any trade or business
activities; and (ii) that you are a sophisticated internet user. You acknowledge and
agree that if your status with respect to any of the foregoing statements is
affected or changed in anyway, you shall promptly contact Balanced Corporate
Solutions™, LLC Customer Service to obtain
relevant agreements.
17.0 Access and Security
You accept responsibility for the confidentiality and use of any access
codes, account numbers and customer codes numbers that you may receive for your
access to and use of the Services. You accept responsibility for all time used
and all activity that occurs through or under your access codes, customer
numbers and/or account numbers. You agree to notify Balanced Corporate
Solutions™, LLC immediately if you
become aware of any loss, theft or unauthorized use of your access codes and/or
account numbers.
18.0 Disclaimer of Warranties and
Limitation of Liability
You agree that neither BCS™, its affiliates, officers, directors, employees,
agents or representatives, nor the Data Providers, nor any officer, director,
employee, agent, affiliate or representative thereof shall have any liability,
contingent or otherwise, for the truthfulness, accuracy or timeliness of the
Services or the truthfulness, accuracy, timeliness, completeness or correct
sequencing of the information made available through the Services, or for any
decision made or action taken by you in reliance upon such information or the
Services, or for interruption or delay of any data, information or any other
aspect of the Services.
THE SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A
PARTICULAR USE AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING
ANY ASPECT OF THE SERVICES OR INFORMATION MADE AVAILABLE VIA THE SERVICES. YOU
RECOGNIZE THAT THE ACCURACY OF ANY SUCH INFORMATION SHOULD BE CHECKED BEFORE YOU
RELY ON IT.
IN NO EVENT WILL Balanced Corporate Solutions™,
LLC OR THE DATA PROVIDERS BE LIABLE TO YOU, YOUR
CUSTOMERS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST
PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS
OF THE USE OF THE SERVICES), OR CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE),
EVEN IF Balanced Corporate Solutions™, LLC OR THE DATA PROVIDERS HAVE BEEN ADVISED OF OR ARE OTHERWISE
AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING.
YOU ACKNOWLEDGE THAT DOCUMENTS POSTED TO AND CONTENT AVAILABLE AT THE WEBSITE
MAY CONTAIN COMPUTER VIRUSES. SHOULD YOU DOWNLOAD ANY SUCH MATERIALS FROM THE
WEBSITE, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS
PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE
FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE WEBSITE AND
YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY
SERVICING OR REPAIRS OF ANY EQUIPMENT OR DATA YOU USE IN CONNECTION WITH OUR
WEBSITE.
By way of example, and not by way of limitation, neither Balanced Corporate
Solutions™, LLC nor the
Data Providers shall be liable for any loss resulting from a cause over
which such entities do not have direct control, including but not limited
to, the failure of electronic or mechanical equipment or communication
lines, telephone or other interconnect problems, unauthorized access, theft,
your errors, or events of force majeure.
19.0 Indemnification
You agree to indemnify and hold harmless Balanced Corporate Solutions™, LLC, its affiliates, officers,
directors, employees, agents and representatives and the Data Providers and
their respective officers, directors, employees, agents and representatives,
from and against any and all claims, losses, liability, costs and expenses
(including, but not limited to, reasonable attorneys’ fees) arising from or
relating to your use of the Services or the information made available through
the Services, and/or your violation of these Website Terms and Conditions or any
third party’s rights, including, but not limited to, copyright, proprietary and
privacy rights.
20.0 Modification and
Termination of Website; Modification of Website Terms of Conditions
Notwithstanding any provision in these Website Terms and Conditions,
Balanced Corporate Solutions™, LLC reserves the right, in its sole discretion, at any time, to change
or modify from time to time and/or terminate (i) this Website, (ii) any
particular Services made available via this Website, or (iii) these Website
Terms and Conditions. Your use of our Website following any such change
constitutes your agreement to follow and be bound by the Website Terms and
Conditions, as changed.
21.0 Data Providers Enforcement
Right
Data Providers may enforce these Website Terms and Conditions against
you by legal proceedings or other appropriate means.
22.0 Force Majeure
In addition to applicable disclaimers, stated above, BCS™’s
performance under these Website Terms and Conditions and the Services
shall be excused in the event of interruption and/or delay due to causes
beyond its reasonable control, such as acts of God, acts of any
government, war or other hostility, civil disorder, the elements, fire,
earthquake, explosion, acts of terrorism, power failures, equipment
failure, industrial or labor dispute, acts of Data Providers or other
third party information providers, third party software or communication
method interruption.
23.0 Entire Agreement
These Website Terms and Conditions and our Privacy Policy relate only to
this Website along with any other contracts or agreements with Balanced
Corporate Solutions™, LLC, embody the entire understanding between the parties with
respect to this Website and supersede any and all prior representations
and agreements, if any, oral or written, with respect to this Website. In
the event of any conflict between these Website Terms and Conditions
and/or Privacy Policy and any separate agreement you have executed or
otherwise entered into regarding subscription services available through
this Website, the terms of such separate agreement shall control.
24.0 Severability
Should any provision of these Website Terms and Conditions or any
provision of our Privacy Policy be held to be void, invalid, unenforceable
or illegal by a court, such provision shall be valid and enforceable to
the extent permitted by applicable law, and the validity and
enforceability of the other provisions shall not be affected thereby.
Failure of any party to enforce any provision of these Website Terms and
Conditions or of the Privacy Policy shall not constitute or be construed
as a waiver of such provision or of the right to enforce such provision.
25.0 Choice of Law; Choice
of Forum
These Website Terms and Conditions and our Privacy Policy shall be
interpreted in accordance with the laws of the Commonwealth of
Massachusetts, U.S.A.
In any action arising under these Website Terms and Conditions or our
Privacy Policy, you consent to the jurisdiction and venue of the courts of
the Commonwealth of Massachusetts.
Balanced Corporate Solutions™,
LLC makes no representation that the Services or the
Website is appropriate or available for use in locations outside the
United States, and access to this Website from locations where the
provision of such information or Services may be illegal is prohibited.
Users who determine to access this Website from such locations do so on
their own initiative and are responsible for compliance with all
applicable local laws.
26.0 Assignment
These Website Terms and Conditions shall not be assignable by you,
either in whole or in part. Balanced Corporate Solutions™, LLC reserves the right to assign its
rights and obligations under these Website Terms and Conditions.
27.0 Survival
All
Sections of these Website Terms and Conditions shall survive the
termination of these Website Terms and Conditions and shall apply
indefinitely.
28.0 Your Consent
By using our Website, you agree to comply with, and be bound by these
Website Terms and Conditions. If you do not agree with some, or all of these
Website Terms and Conditions, you are not authorized to visit or use our Website
and associated materials..
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