Thank you for your interest in Balance Pro LLC (“Balance Pro,” “we,” “our,” or “us”). These terms of service (“Terms”) establish the terms and conditions that apply to you when you use the Service (as defined below).
By utilizing the Service or clicking "I AGREE," you signify your acceptance of these terms and your commitment to comply with them, as well as all relevant laws and regulations. If you do not agree to these terms, you are not permitted to use the Service. Please be aware that these terms may be subject to change, modification, supplementation, and updates by Balance Pro at any time. We will make reasonable efforts to provide you with prior notice of any significant changes to these terms. Your continued use of the Service following any modifications to these terms indicates your acceptance of such changes. We recommend reviewing these terms each time you access the Service to stay informed of any updates. These terms were last modified on the date indicated above.
Please take note that these terms include a provision for the use of arbitration on an individual basis to resolve disputes, rather than resorting to jury trials or class actions, and it restricts the remedies available to you in case of a dispute. If you wish to opt-out of this arbitration agreement, you can do so by contacting us at firstname.lastname@example.org within 30 days after accepting these terms. Please provide your first and last name in your opt-out request to decline the arbitration agreement.
A. Service: The "Service" encompasses Balance Pro's website, which can be found at https://www.balancepro.money ("Site"), and Balance Pro's mobile applications (the "Apps"), including any updates or modifications to them. This also includes all content and services made accessible by Balance Pro through the Site or Apps, along with all intellectual property contained therein. The Service serves as a personal finance information management tool, allowing you to monitor and organize your finances. This is achieved through the aggregation of your financial account information ("Account Data") from financial institutions and other third-party data sources that you select and have contractual relationships with ("Third-Party Data Sources"). Any individual who accesses and uses the Service, either on their own behalf or on behalf of a third party, is referred to as a "Balance Pro User."
B. Service Restrictions: Your Balance Pro account is intended for personal use only, and you are not allowed to use the Service for commercial purposes. To access the Service, you must have internet access.
C. License: Subject to your adherence to these Terms, Balance Pro grants you a limited, revocable, non-exclusive, non-transferable license to download the Apps and access and use the Service strictly for personal use and not for resale.
E. Deactivation: Balance Pro retains the right, at any time and without prior notice, to restrict, deactivate, or terminate your access to the Service (in whole or in part) or to terminate or modify the Service (in whole or in part). Regardless of the reason for such termination or modification, Balance Pro will not be held liable to you or any third party. If you are dissatisfied with any such termination or modification, your sole recourse is to discontinue your use of the Service.
A. Balance Pro Users: To become a Balance Pro User, you must complete the registration process by providing us with accurate and up-to-date information as prompted in the applicable registration form.
B. Accuracy of Information: You acknowledge that providing us with false, inaccurate, outdated, or incomplete information may result in the termination of these Terms and your access to and use of the Service.
C. Eligibility: By using the Service, you represent and warrant that you are at least 18 years old and have not previously been suspended or removed from the Service. The Service is not intended for individuals under the age of 18 or for users previously suspended or removed from the Service by Balance Pro. If you are under 18 years old, please refrain from using or accessing the Service in any manner or at any time.
D. Credentials: During the registration process, you may be required to select a username, password, or other login credentials. You are solely responsible for maintaining the security and confidentiality of your login credentials. You agree to promptly notify Balance Pro of any unauthorized use of your account or any other security breach by contacting us at email@example.com. You are responsible for all activities carried out under your account and any content posted using your account on the Service. Safeguarding the confidentiality of your login credentials and promptly notifying us of any compromise is essential. Balance Pro will not be held responsible for any losses you may incur due to unauthorized use of your login credentials or account, whether with or without your knowledge. You may be held responsible for any losses incurred by Balance Pro or a third party resulting from someone else using your account or login credentials.
E. Account Transfer and Assignment: Your account, subscriptions, and memberships are non-transferrable and non-assignable. We reserve the right to accept, reject, or cancel your account, subscription, or membership at our sole discretion.
F. Your Responsibilities: You may use the Service exclusively for lawful purposes, as intended through its provided functionality. You may not use the Service in any manner that could harm, disable, overload, or impair our servers or networks or interfere with the usage and enjoyment of the Service by others. Unauthorized access attempts to the Service, user accounts, computer systems, or networks, whether through hacking, password mining, or any other means, are strictly prohibited. Additionally, you may not:
We retain the right to take legal action and employ technical measures to prevent violations of these provisions and enforce these Terms.
A. Consent to Electronic Communications: By using the Service or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative matters related to your use of the Service. We may deliver notifications through various means of communication reasonably expected to reach you. You acknowledge that all notices, disclosures, and other communications provided to you electronically fulfill any legal requirement for written communication. You also acknowledge your ability to store electronic communications in an accessible and unaltered format. In the event of a security system breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to the address you provided, if available. You may have the legal right to request written notification. To receive a written notice of a security breach (or to withdraw your consent to electronic notice), please contact us at firstname.lastname@example.org.
B. Push Notifications: Upon registering with Balance Pro, you will receive automatic and optional push notifications based on your selected notification preferences ("Notifications"). Some Notifications may be enabled by default. By using the Service, you consent to receive Notifications concerning your use of the Service and your Account Data. While Notifications are designed to enhance your Service experience, you can disable them on your device. Please be aware that some Notifications may contain sensitive information.
C. Opt Out: If you wish to unsubscribe from any list (excluding Push Notifications, as described in Section 3.B), please email us at email@example.com with "OPT-OUT," "UNSUBSCRIBE," "STOP," or "REMOVE" in the subject line, or click the "unsubscribe" link in any email you receive from us.
D. Message Delivery: Balance Pro cannot control certain factors related to message delivery. We may not be able to transmit Notifications to you in a timely and accurate manner. We are not liable for transmission delays or Notification failures, any inaccurate content in a Notification, or any actions taken or not taken in reliance on a Notification.
A. Materials: By transmitting information, opinions, creative suggestions, ideas, notes, concepts, or other materials (collectively referred to as "Materials") to us or by posting such Materials on the Service, you grant Balance Pro and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable license to use, reproduce, distribute (through multiple tiers), create derivative works from, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import such Materials in any existing or future media. This is done with the purpose of providing, enhancing, and developing the Service, without any compensation to you. We will never use your name in connection with any Materials used in our own advertising and marketing materials without obtaining your prior consent. You waive any moral rights or other rights related to authorship attribution for Materials under applicable law. We bear no obligations, including confidentiality, attribution, or other obligations, with respect to the Materials, and we will not be held liable for any use or disclosure of the Materials. Balance Pro retains the right to remove or modify any Materials at any time and for any reason. We do not endorse or accept responsibility for any opinions, advice, information, or statements made or displayed on the Service by any Balance Pro User. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any outcomes derived from the use of such information. We will not be liable for any loss or damage caused by your reliance on information obtained through the Service.
B. Monitoring: We possess the right (but are not obligated) to: (1) monitor the Service and Materials; (2) alter or remove any Materials; and (3) disclose Materials and their transmission circumstances to third parties in order to operate the Service, protect ourselves, our sponsors, members, visitors, and comply with legal obligations or governmental requests. Please contact Balance Pro immediately at firstname.lastname@example.org if you believe any content violates our member policies, so that we may consider editing or removing it.
C. Rights in Materials: You are solely responsible for your Materials and the consequences of posting them on the Service. By posting Materials, you represent, warrant, and covenant that: (1) you are the creator and owner of the Materials or have sufficient rights and authority to grant the rights granted herein; (2) your Materials do not and will not infringe, violate, or misappropriate any third-party rights, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, rights of publicity, or other intellectual property or proprietary rights, nor will they slander, defame, or libel any other person; (3) your Materials do not contain viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your Materials do not contain any third party's confidential information. We retain all rights and remedies against any Balance Pro Users who violate these representations and warranties.
A. Fees: To access the Service or specific features, you may be required to pay subscription fees and activate recurring automatic payments. Before payment, including the activation or update of recurring payments, you will have an opportunity to review the fees. When purchasing a recurring subscription, you authorize Balance Pro or its third-party service providers to periodically charge you for a subscription with automatic recurring payments (e.g., monthly or annually) (each referred to as a "Subscription Period") until canceled. Your first Subscription Fee and applicable taxes will be charged upon purchase or after the end of your free trial. Subsequently, your subscription will renew automatically at the chosen interval, with charges at the then-current price (including taxes), unless you cancel at least 24 hours before the current subscription period ends or we decline to renew your subscription or properly terminate these Terms. The Subscription Fee is non-refundable, except as expressly provided in these Terms or required by law.
Failure to pay any Subscription Fee in a timely manner, or if your transaction cannot be processed, may result in the suspension, deactivation, cancellation, or termination of your Service access or subscription, with responsibility for all past due amounts. We may receive updated credit card information (new card number or updated expiration date) from your credit card issuer, which may be used to prevent service interruption. To update your payment method or provide a different one, please visit your account or app store settings.
By using the Service, you accept the pricing, payment, and billing policies applicable at the time the fee becomes payable. We do not offer price protection or refunds for price reductions or promotional offers.
B. Authorization to Charge: You must provide accurate, complete payment method information that you are authorized to use (e.g., credit card, payment through an app store) to activate and maintain a paid account. By registering for Service access, you authorize us to charge your payment method. You are also responsible for charges related to additional features or purchases made through your account. All fees are in U.S. Dollars and non-refundable. Balance Pro (or its third-party service providers) may change Service fees or features.
If we do not receive payment via your payment method, you agree to pay all outstanding amounts and bear responsibility for any payment provider disputes. If your payment method is initially declined for any reason, we may charge the payment method in installments at the non-promotional, non-discounted rate in effect at the time, for the entire subscription duration you selected. You are responsible for any overdraft fees or penalties assessed by your payment provider. You must pay for your chosen payment method.
C. Apple Subscription Management: If you purchased your subscription through the Apple App Store, the Apple App Store directly manages your subscription. Balance Pro cannot manage your subscription, including initiating, canceling, or refunding it. You may manage your subscription or turn off auto-renewal through the Account Settings screen in the App Store app on your Apple device. You should verify with the Apple App Store if the price includes applicable taxes and currency exchange settlements. You are responsible for any such taxes or charges.
D. Cancellation: Cancelling a subscription stops only future charges associated with it. You can cancel at any time, but the cancellation becomes effective at the end of the current Subscription Period. To prevent future charges, cancel at least 24 hours before the current Subscription Period ends. Cancellation can be initiated in your account settings or, if you email us at email@example.com at least 24 hours before the Subscription Period ends, we will attempt to implement the cancellation before the next renewal. If purchased through a third party (e.g., app store), you must cancel through that party, following their policies and procedures.
Upon cancelling a subscription, you maintain access to the Service for the remainder of the paid Subscription Period (unless we offer a refund or the unused portion can be used for another service, product, or subscription).
E. Limited Refund Period: UNLESS OTHERWISE STATED HEREIN OR REQUIRED BY APPLICABLE LAW, YOUR SUBSCRIPTION FEE IS NONREFUNDABLE. If you (i) purchased through Balance Pro directly, (ii) cancel your subscription within one month of your initial purchase, and (iii) email us at firstname.lastname@example.org within five days of cancellation requesting a refund, we will provide a full refund for that subscription. If you cancel outside of this period, you are not entitled to a refund or credit, full or partial, unless required by applicable law. We may issue refunds, credits, or discounts at our sole discretion. We are not obligated to issue the same or similar refund in the future. If you purchased through a third party, your ability to receive a refund is governed by that party's policies.
F. Free Trial and Promotional Rates: Balance Pro may offer promotional trial periods during which you can use the Service for free or at a discounted rate. These trial or promotional periods are subject to these Terms, except as stated in the offer terms, including eligibility criteria for promotional subscriptions, which are determined at the sole discretion of Balance Pro.
G. Changes to Subscription Fees: Balance Pro reserves the right to change subscription fees or other charges for the Service at any time. If we increase the subscription fee for a subscription to which you are subscribed, we will notify you via email of the change, allowing you to opt out of the increase. Continued use of the Service after receiving such notice constitutes your consent to the change. If you do not agree to the increased subscription fee, you may cancel your subscription. We will not refund Subscription Fees for unused portions of your Subscription Period due to such cancellations.
H. Sales Tax: Service fees do not include any federal, state, or local sales, use, value-added, or other taxes. You are responsible for paying any sales, use, or other taxes associated with your use of the Service.
I. Recurring Payment Cancellation: Cancelling automatic recurring payments is not synonymous with cancelling your subscription. To cancel recurring payments, you must cancel your subscription, as described in Section 5.D. If you cancel automatic recurring payments, you will still be obligated to pay all outstanding Subscription Fees.
A. Term: The term of these Terms will commence on the date on which you first access or utilize the Service in any way and will continue so long as you continue to access or utilize the Service, unless earlier terminated by Balance Pro.
B. Termination and Other Remedies: Balance Pro may take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms including termination of these Terms, the suspension or termination of your access and/or account, or blocking you from access to the Service.
C. Effect of Termination: The following Sections of these Terms will survive termination or expiration of these Terms: 1.A, 1.B, 1.D, 1.E, 1.F, 2, 4, 5, 6.C, and 7–27. Payments by you, which accrue or are due before termination or expiration of these Terms, will continue to be payable by you, and amounts owed to Balance Pro at the time of such termination or expiration, will continue to be owed by you after such expiration or termination.
A. Proprietary Information: You acknowledge and agree that: (1) the Service, including any content, modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, “Proprietary Information”), is owned by Balance Pro and its licensors, as applicable; (2) the Proprietary Information contains valuable copyrighted and proprietary material of Balance Pro; (3) the Proprietary Information is licensed, rather than sold, to you pursuant to these Terms; and (4) you have no rights in the Proprietary Information, other than the rights and licenses specifically granted to you pursuant to these Terms.
B. Trademarks: You acknowledge that Balance Pro has acquired, and is the owner of, common law or registered trademark rights in the name and word mark “Balance Pro” and in the other marks and design marks displayed on the Service. You acknowledge that this name and these marks are famous and internationally known. You will not, at any time or for any reason, challenge the validity of, or Balance Pro’s ownership of, the foregoing name and marks, and you waive any rights you may have at any time to do so. You may not use our name or marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. All use of the foregoing name and marks by you will inure exclusively to the benefit of Balance Pro. All marks shown on the Service but not owned by Balance Pro are the property of their respective owners.
A. DISCLAIMER: TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. YOU ACKNOWLEDGE THAT, BECAUSE OF THE NATURE OF THE INTERNET, MOBILE NETWORKS, AND THE DEVICES WHICH ACCESS THE INTERNET AND/OR MOBILE NETWORKS, THE SERVICE MAY NOT BE ACCESSIBLE WHEN NEEDED, AND THAT INFORMATION, DATA, AUDIO, AND VIDEO TRANSMITTED OVER THE INTERNET AND/OR MOBILE NETWORKS MAY BE SUBJECT TO INTERRUPTION OR THIRD-PARTY INTERCEPTION AND MODIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, BALANCE PRO DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF BALANCE PRO, ITS AFFILIATES OR SERVICE PROVIDERS, BALANCE PRO’S CONTENT PROVIDERS, AND/OR THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, AND/OR CONTRACTORS (COLLECTIVELY, THE “BALANCE PRO PARTIES”) WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. BALANCE PRO CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, THE INTERNET, OR FOR YOUR MISUSE OF ANY CONTENT AND INFORMATION ACCESSED THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF THE RESPECTIVE CONTENT IS AT YOUR SOLE RISK. NEITHER BALANCE PRO NOR ITS LICENSORS WILL BE CONSIDERED AN “EXPERT” UNDER THE SECURITIES ACT OF 1933. NEITHER BALANCE PRO NOR ITS LICENSORS WARRANT THAT THE SERVICE COMPLIES WITH THE REQUIREMENTS OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, THE SECURITIES AND EXCHANGE COMMISSION, OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.
B. THIRD-PARTY INFORMATION: NEITHER BALANCE PRO NOR ANY ENTITY WHOSE INFORMATION IS MADE AVAILABLE THROUGH THE SERVICE IS RESPONSIBLE FOR THE ACCURACY OF INFORMATION, DATA, OR CONTENT, INCLUDING, BUT NOT LIMITED TO PRICES, QUOTES, EQUITY SALES, OTHER MARKET INFORMATION, AND INFORMATION DERIVED FROM ANY SUCH INFORMATION (“MARKET DATA”) THAT ARE DISPLAYED OR REPORTED THROUGH THE SERVICE. Balance Pro does not guarantee or make any warranty of any kind, express, or implied, regarding the timeliness, sequence, accuracy, completeness, usefulness, reliability, or content of Market Data. You agree to use Market Data and the Service at your own risk. You agree that neither Balance Pro nor any entity whose information is made available through the Service will be held liable for any loss arising out of relating to: (i) any inaccuracy, defect, or omission in Market Data, (ii) any error or delay in the transmission of Market Data, or (iii) interruption in any Market Data service. You also acknowledge that any information you obtain from another Balance Pro User comes from those individuals, and not from Balance Pro, and that Balance Pro, to the fullest extent permitted by law, is not in any way responsible for any of the information these third parties may supply or for any statements, claims, or representations they may make. To the fullest extent permitted by law, Balance Pro disclaims any such statements, claims, or representations and the same do not expand or otherwise modify these Terms. If you are dissatisfied with the Service, your sole and exclusive remedy is to stop accessing and using the Service.
C. ACCOUNT DATA: BALANCE PRO IS NOT RESPONSIBLE FOR THE ACCURACY OF THE ACCOUNT DATA OBTAINED FROM THIRD-PARTY DATA SOURCES THAT ARE DISPLAYED OR REPORTED THROUGH THE SERVICE. BALANCE PRO DOES NOT REPRESENT OR WARRANT THAT IT WILL BE ABLE TO RETRIEVE YOUR ACCOUNT DATA FROM ANY THIRD-PARTY DATA SOURCE. If you believe any Account Data is inaccurate or outdated, you should contact the applicable Third-Party Data Source. By using the Service, you acknowledge that the investment results you could obtain from financial insights provided by Balance Pro cannot be guaranteed. All investments entail a risk of loss and you may lose money. You also understand that all investments are subject to various economic, political, and other risks. While the Service may assist you in helping you manage your finances, you should consult with a professional financial advisor before making investment decisions or deciding on significant changes to your personal financial strategy. Any information provided by or through the Service does not constitute financial, investment, legal, accounting, tax, or other advice.
A. LIMITATION: TO THE FULLEST EXTENT PERMITTED BY LAW: (1) EACH Balance Pro USER IS SOLELY RESPONSIBLE FOR: (A) HIS OR HER USE OF THE SERVICE; AND (B) ANY DAMAGES INCURRED BY HIM OR HER OR ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO THE SERVICE; (2) THE AGGREGATE LIABILITY OF THE Balance Pro PARTIES FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, WILL BE LIMITED TO ACTUAL DAMAGES PROVED, AND NOT TO EXCEED THE GREATER OF THE AMOUNT OF FEES PAID BY YOU UNDER THIS AGREEMENT OR $100; AND (3) NONE OF THE Balance Pro PARTIES WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH Balance Pro PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. INDEPENDENT INVESTIGATION: YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE SERVICE AND THE POSSIBLE RISKS INVOLVED IN USING THE SERVICE. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.
BALANCE PRO IS NOT AFFILIATED WITH ANY OTHER BALANCE PRO USER, CARRIER, SERVICE PROVIDER, OR THIRD-PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY OTHER BALANCE PRO USER, CARRIER, SERVICE PROVIDER, THIRD-PARTY SERVICE, OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICE, INCLUDING YOUR EMPLOYER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE BALANCE PRO (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURERS, AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Any computer system, service, or electronic device, whether it is yours, an internet service provider’s, a mobile network operator’s, or ours, can experience unanticipated outages, slowdowns, or capacity limitations. As a result of high internet traffic volume, transmission problems, systems capacity limitations, and other problems, you may experience difficulty accessing the Service or communicating with us through the internet or other electronic and wireless services. The Service may be unavailable during system maintenance, for security precautions, or when interrupted by circumstances beyond our control. Balance Pro will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to any of the foregoing or for any other unforeseen events that are beyond Balance Pro’s reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic, or governmental action.
A. Indemnity: To the fullest extent permitted by law, you will defend, indemnify, and hold the Balance Pro Parties harmless against any loss or damage of any kind (including attorneys’ fees and lost revenues) arising from: (1) any breaches by you of these Terms or any representation, warranty, or covenant contained in these Terms; (2) any use of the Service not specifically authorized in these Terms or on the Service; and (3) any claims and actions against any Balance Pro Party by other parties to whom you allow access to the Service.
B. Procedure: We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any such claim or matter without our written consent.
A. Access to Third-Party Services: The Service may contain information on products and services provided by third parties and links (including advertisements) to third-party websites (collectively, “Third-Party Services”). Third-Party Services are provided only as a convenience to Balance Pro Users. Balance Pro does not review or control Third-Party Services, and Balance Pro does not make any representations or warranties, express or implied, regarding Third-Party Services. Inclusion of any Third-Party Services in the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Balance Pro with respect to any Third-Party Services. Balance Pro is under no obligation to maintain any link on the Service and may remove a link at any time in its sole discretion for any reason whatsoever.
B. Third-Party Integrations: The Service may allow you to connect, integrate, or sync with your Balance Pro account certain accounts provided by or retrieve information maintained by third-parties with whom you have a customer relationship, maintain an account, or engage in financial transactions (“Third-Party Integrations”). Balance Pro may use third-party data sources to assist in facilitating Third-Party Integrations and collect and sync data from Third-Party Integrations (“Third-Party Integration Data”). Balance Pro does not review Third-Party Integration Data for accuracy, legality or non-infringement. Balance Pro is not responsible for Third-Party Integration Data or products and services offered by or on third-party sites. Balance Pro cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, and personalization settings, or from device operating environment malfunctions or other service interruptions. Balance Pro cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. You are responsible for connecting, integrating, and syncing with Third-Party Integrations. For example, you may be required to provide valid credentials for the Third-Party Integration. You may also be required to generate authentication codes, keys, or other tools to connect with a Third-Party Integration. We may provide tools to facilitate such connections and/or guides detailing a process for facilitating such connections, but you are entirely responsible for arranging such connections in an accurate, complete, and secure manner. You agree that Balance Pro disclaims any responsibility or liability for and that Balance Pro will not be held liable for any loss arising out of relating to your connection to a Third-Party Integration.
A. Generally: In the interest of resolving disputes between you and Balance Pro in the most expedient and cost-effective manner, you and Balance Pro agree that any dispute arising out of or in any way related to these Terms or your use of the Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the expiration or termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BALANCE PRO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION. YOU FURTHER UNDERSTAND THAT THESE DISPUTE RESOLUTION TERMS WILL APPLY TO YOU AND BALANCE PRO UNLESS YOU CHOOSE TO OPT OUT PURSUANT TO SECTION 14.I (OPT OUT).
Whether to agree to arbitration is an important business decision. It is your decision to make, and you should not rely solely on the information provided in these Terms as it is not intended to contain a complete explanation of the consequences of arbitration. You should take further steps to conduct research and to consult with others, including an attorney, regarding the consequences of your decision, just as you would when making any other important business or life decision.
B. Exceptions: Despite the provisions of Section 14.A (Generally), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (1) bring an individual action in small claims court; (2) bring an action in a court pursuant to the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.; (3) seek injunctive relief in a court of law; or (4) file suit in a court of law to address an intellectual property infringement claim.
C. Arbitrator: Any arbitration between you and Balance Pro will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Balance Pro. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
D. Notice; Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other party via email to email@example.com. The Notice must: (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Balance Pro may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Balance Pro must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Balance Pro will pay you the highest of the following: (a) the amount awarded by the arbitrator, if any; (b) the last written settlement amount offered by Balance Pro in settlement of the dispute prior to the arbitrator’s award; or (c) $1,000.
E. Fees: If you commence arbitration in accordance with these Terms, Balance Pro will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Wilmington, Delaware, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephone hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Balance Pro for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
F. No Class Actions: Both you and Balance Pro concur that any claims made against the other party must be pursued solely in an individual capacity, and not as a plaintiff or member of any purported class or representative action. This stipulation, however, does not apply to actions falling under the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq., which are not covered by Section 14 (Dispute Resolution). Unless you and Balance Pro reach an alternative agreement, the arbitrator is prohibited from consolidating claims from multiple individuals or presiding over any type of representative or class proceeding.
G. Modifications to this Arbitration Provision: In the event that Balance Pro implements any modifications to this arbitration provision, excluding changes to Balance Pro's address for Notice, you reserve the right to decline the alteration. To reject the change, you must notify us in writing within 30 days from the date of the modification, using Balance Pro's address designated for Notice. In such a case, the arbitration provision, as it existed immediately prior to the changes you declined, shall persist as the governing framework for resolving disputes between you and Balance Pro. However, if you fail to submit such written notice, your continued utilization of the Service subsequent to the aforementioned change signifies your consent to accept and be bound by the altered provision.
H. Enforceability: In the event that Section 14.F (No Class Actions) is determined to be unenforceable, or if the entirety of Section 14 (Dispute Resolution) is deemed unenforceable, then the entire Section 14 (Dispute Resolution) shall be rendered null and void. In such a case, the exclusive jurisdiction and venue stipulated in Section 17 (Governing Law; Choice of Forum) shall govern any legal action arising from or related to these Terms or your utilization of the Service.
I. Opt Out: Participation in arbitration is not obligatory under these Terms. If you prefer not to be subject to Section 14 (Dispute Resolution), you have the option to exempt yourself from this section by notifying Balance Pro in writing of your decision. To exercise this choice, you must send an electronic message to firstname.lastname@example.org within 30 days from the date of receiving these Terms. This message should clearly state your full name and your intention to opt out of Section 14 (Dispute Resolution). If you choose not to opt out of Section 14 (Dispute Resolution) within the specified 30-day timeframe, you and Balance Pro will be bound by the terms outlined in this section. You have the right to seek advice from legal counsel of your choosing regarding Section 14 (Dispute Resolution). It is important to understand that you will not face any form of retaliation for exercising your right to opt out of the coverage provided by Section 14 (Dispute Resolution).
To the extent permitted by applicable law, it is expressly clarified that nothing contained within these Terms shall restrict or hinder your ability to initiate a charge or complaint, or to engage in any form of communication, cooperation, or participation in an investigation or proceeding (referred to as "Protected Activity"). Such Protected Activity may be carried out in collaboration with federal, state, or local government agencies or commissions ("Government Agencies"). In the context of such Protected Activity, you retain the right to disclose documents or other information as sanctioned by law, and you are not obligated to provide prior notice to, or obtain authorization from, Balance Pro for such actions. In the course of making such disclosures or communications, you commit to taking all reasonable precautions to prevent any unauthorized use or dissemination of information that may constitute confidential information belonging to Balance Pro, except as necessary for engagement with the Government Agencies.
The governing laws for these Terms and your utilization of the Service shall be those of the State of New York, excluding any conflict of law principles. Additionally, your usage of the Service may be subject to other local, state, national, or international regulations. However, it is explicitly stated that the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable to any provision within these Terms. In the event that any legal action related to a dispute arising from these Terms is permissible in a court of law, such action shall fall under the exclusive jurisdiction of the state and federal courts located in New York County, New York. Consequently, you hereby unconditionally submit to the personal jurisdiction of said courts and waive any objections pertaining to an inconvenient forum.
In the event that you furnish feedback to Balance Pro regarding the functionality and performance of the Service, which may encompass the identification of potential errors and suggestions for enhancements, you hereby transfer and assign to Balance Pro all rights, titles, and interests associated with such feedback. Balance Pro is granted the liberty to utilize such feedback without the necessity of making any payment or being subjected to any restrictions.
No delay, omission, or failure to exercise any right or remedy as stipulated in these Terms shall be construed as a waiver of said right or remedy or as an endorsement of the circumstance that prompted the assertion of such right or remedy. Furthermore, it shall not constitute a waiver or endorsement of any other right, remedy, or circumstance contained within these Terms.
If any provision of these Terms is held invalid, illegal, or unenforceable, such provisions will be modified, or if not possible, severed, to reflect the fullest valid, legal, and enforceable expression of the intent of the parties, and the remainder of these Terms will not be affected thereby.
These Terms shall not be interpreted as establishing an employer-employee relationship between Balance Pro and you, nor shall they give rise to any agency, joint venture, or partnership affiliation between the involved parties. Neither party shall possess the authority to obligate the other in any capacity, nor shall they have the ability to assume liabilities on behalf of the other party.
These Terms, along with the rights accorded to you herein, are not subject to assignment or transfer by you, whether through voluntary action or as a result of legal proceedings, without the explicit prior written consent of Balance Pro. Any such attempt to assign or transfer shall be rendered void and without effect. Conversely, Balance Pro reserves the prerogative to assign or transfer these Terms at its discretion, without necessitating your consent.
You affirm and guarantee the following: (A) Your location is not within a country subject to a U.S. Government embargo or one that the U.S. Government has classified as a "terrorist supporting" nation. (B) Your name does not appear on any U.S. Government roster of prohibited or restricted parties.
Should Balance Pro furnish a translation of the English language version of these Terms, it is crucial to understand that such translation is offered solely for the sake of convenience. In any case of discrepancy or dispute, the English version shall take precedence. Furthermore, it is important to note that any headings, captions, or section titles found within these Terms are provided for the sake of convenience alone and do not serve to define or elucidate any section or provision in these Terms.
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