Terms of Use

1. INTRODUCTION AND ACCEPTANCE
These Terms of Use apply to your use of all websites, mobile sites and applications (collectively, the “Sites”) to which these Terms link, including the content on the Sites. Please read these Terms carefully as they set out the legally binding terms and conditions for your use of our services.

These Terms require you to agree to arbitrate disputes instead of going to court, grant us certain rights and licenses, provide us with certain indemnities, waive certain of your rights and remedies, and limit our liability and obligations to you. Please read these Terms carefully, and if you do not agree to them, do not access or use the Site or Services or purchase our products or services.

You agree that these Terms are backed by good and valuable consideration, the receipt and full acceptance of which you hereby acknowledge. This consideration includes, but is not limited to, your use of the Site, the materials and information provided on the Site, and the possibility of distribution or promotion of your User Content.

We reserve the right to change any of these Terms at any time without prior notice to you. You agree that our posting of revised terms will constitute notice to you, and that by accessing or using the Site following the posting of revised terms, you agree to be bound by such changes and revised terms. Accordingly, please read these Terms carefully before each visit to or use of the Site. Any changes to these Terms will become part of these Terms and will be effective immediately upon posting or on such later date as may be specified in the posted Terms.

2. INTELLECTUAL PROPERTY

The Site and its content (and any derivative works or enhancements thereto), including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, video, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Site Content”), as well as all intellectual property rights therein, are owned by us, our licensors or both. In addition, all trademarks, service marks, trade names and trade dress that may appear on the Site are owned by us, our licensors or both. You shall not acquire any right, title or interest in or to the Site or any Site Content other than the limited right to use the Site granted to you in these Terms. Any rights not expressly granted in these Terms are expressly reserved.

3. ACCESS AND USE

A. Access to the Site (including, without limitation, the Site Content) is for your informational and personal, non-commercial use only. By using the Site, you agree to comply with all applicable federal, state and local laws, including, without limitation, copyright laws. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, create derivative works based on, publicly display, publicly perform, publish, transmit, or otherwise exploit the Site Content for any purpose whatsoever without the prior written consent of us or the respective owners of the third party content. In some cases, we may allow you to download or print the Site Content, or both. In such cases, you may download or print (as applicable) one copy of the Site Content for your personal, non-commercial use only. You acknowledge and agree that you do not acquire any proprietary rights by downloading or printing the Site Content.

B. Except as expressly permitted by these Terms, you may not

i. remove, alter, cover or distort any copyright, trademark or other proprietary notices on the Site or the Site Content

ii. circumvent, disable, or otherwise interfere with the security-related features of the Site, including, without limitation, any feature that prevents or restricts the use or copying of any Content or enforces a restriction on the use of the Site or the Content;

iii. use automated devices (such as robots or spiders) or manual processes to copy or “scrape” the Site or Site Content for any purpose without Apartment Therapy’s express written permission;

iv. collect or obtain any personally identifiable information from the Site, including, but not limited to, usernames, passwords or e-mail addresses;

v. soliciting other users to join or become members of any commercial online service or other organization

vi. attempting to or interfering with the proper working of the Site, or damaging, aggravating or disabling the Site

vii. decompile, reverse engineer or disassemble any part of the Website;

viii. use network monitoring software to determine the structure of the Website or extract usage data;

ix. encouraging conduct that violates any local, state, or federal civil or criminal law, or impersonating another user, person, or entity (e.g., unauthorized use of another person’s membership);

x. violating U.S. export laws, including, but not limited to, the Export Administration Act and Export Administration Regulations administered by the Department of Commerce; or

xi. engage in any conduct that restricts or inhibits any other user from using or enjoying the Site.

C. Notwithstanding anything to the contrary in clause (B)(iii) above, Apartment Therapy permits the operators of public search engines to use automated devices (such as robots or spiders) to copy Site Content from the Site for the sole purpose of creating (and only to the extent necessary to create) a publicly searchable index of Site Content. We reserve the right to revoke this license (either generally or specifically) at any time.

D. You agree to cooperate fully with Apartment Therapy in the investigation of any suspected or actual violation of these Terms.

4. CONDITIONS FOR LINKING TO THE SITES

We hereby grant you a non-exclusive, limited license to link to the home page of the Site from any web site owned or controlled by you for any reason or no reason, provided that such web site does not compete commercially with the Site, does not criticize or otherwise harm our interests, provided that the web site on which the link is located, and all other locations linked to from the web site, complies with all applicable laws, and is not abusive, defamatory, stalk, threaten or violate the privacy, publicity, intellectual property or other legal rights of others, or post, publish, distribute, transmit or facilitate in any way any inappropriate, infringing, defamatory, profane, indecent or otherwise legal rights of others. Stalk, threaten or violate the privacy, publicity, intellectual property or other legal rights of others, or post, publish, distribute, transmit or facilitate in any way any inappropriate, infringing, libelous, defamatory, profane, indecent, obscene, or unlawful/unlawful information, subject matter, name, or other material, or otherwise violate the spirit of our mission. Such links do not imply that we endorse other websites. We expressly reserve all rights and remedies.

5. USER REGISTRATION

A. In order to access or use certain features of the Site, you must be a registered user. If you are under eighteen (18) years of age, you may not register as a user or otherwise submit personal information to Apartment Therapy.

B. If you become a Registered User, you will provide true, accurate and complete registration information, and you will promptly update such registration information if such information changes. During the registration process, you will create a user name and password (“Member”), which may grant you access to certain areas of the Site that are not accessible to non-registered users. You are responsible for protecting and maintaining the confidentiality of your Membership. You are solely responsible for activities that occur under your Membership, whether or not such activities are authorized by you. You agree to notify us immediately at Norman@thebalancenet.com of any breach of security or unauthorized use of your Membership.

6. USER CONTENT; COMMENTS

A. We may now or in the future allow users to post, upload, transmit or otherwise make available (collectively, “Submissions”) information, comments, text, illustrations, files, images, graphics, photographs, sounds, music, videos, messages, content and/or other materials (“User Content”) on the Site. Subject to the rights and licenses you grant herein, you retain all right, title and interest in and to your User Content. Monitoring and protecting any intellectual property rights you may have in your User Content is your sole responsibility, for which we are not responsible. The interactive areas of the Site are intended to provide a forum for users to express their opinions and share ideas and information. For your protection, please use your best judgment when submitting information to the Site. In particular, we discourage the disclosure of personal phone numbers and addresses or other information that can be used to identify or locate you in public areas of the Site. We do not guarantee the confidentiality of User Content, even if User Content is not posted on the Site.

B. You may not submit any User Content that is protected by copyrights, trademarks, patents, trade secrets, moral rights or other intellectual property, personal, contractual, proprietary or other third party rights without the express permission of the owner of such rights. You shall be solely responsible for, and agree to indemnify us against, any other damages resulting from your failure to obtain such license or from any User Content submitted by you.

C. By submitting any User Content on, or communicating with, the Site or other channels (including, but not limited to, commenting on posts on the Site; posting images or videos on our social media profiles; engaging in online conversations; and submitting User Content to us via email in response to a request for submissions on the Site or other social media platforms), you represent, warrant and covenant that you will not submit any of the User Content that:

i. Violate or infringe in any way the rights of others, including, but not limited to, any copyrights, trademarks, patents, trade secrets, moral rights or other intellectual property rights, personal rights, contractual rights, proprietary rights, or other third party rights of any person or entity. ii;

Impersonates another person or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, indecent, filthy, excessively violent, harassing, or otherwise objectionable;

encourages conduct that constitutes a criminal offense, gives rise to civil liability, or violates any law;

iv. is an advertisement for goods or services or an advertisement for the solicitation of funds;

v. contains personal information such as identifying telephone numbers, social security numbers, account numbers, addresses, or employer references

vi. contains formulas, instructions, or suggestions that may cause harm or injury;

vii. any form of chain letter; or

viii. would result in any obligation or liability on our part to any party.

In addition, we do not permit any conduct by a User that restricts or inhibits any other User from using or enjoying the Site.

D. By submitting User Content to us, you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable, and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based on, reproduce, distribute, create derivative works based on, including, without limitation, the following translation), publicly display, publicly perform, transmit, publish and otherwise exploit the rights and licenses to User Content (in whole or in part): (i) in connection with our business; and (ii) in connection with the business of our successors, parents, subsidiaries and their related companies. We may exercise this license for the full term of any copyright that may exist in such User Content, in any format, media or technology now known or hereafter developed. In addition, you grant other users the right to access your User Content and to use, record, sell, rent, reproduce, distribute, create derivative works based on, publicly display, publicly perform, transmit, publish, and otherwise exploit your User Content for their personal, non-commercial use to the extent permitted by the functionality of the Site and these Terms. The rights granted include the right to configure, host, index, cache, digitize, compress, optimize, modify, edit, adapt, and remove such content and to merge it with other materials. In addition, we are free to use any ideas, concepts, know-how or techniques contained in any User Content you submit without any compensation or obligation to you.

E. By submitting User Content, you also grant us the right, but not the obligation, to use your biographical information, including, without limitation, your name and geographic location, in connection with the broadcast, print, online or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or hereafter have in any jurisdiction to so-called “moral rights” or “moral rights” in such User Content.

F. We reserve the right to display advertisements related to your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third party service providers, including their downstream users.

G. We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when posting or viewing User Content. We have no obligation to post, maintain, or otherwise use User Content, and we do not guarantee the distribution of User Content. In addition, we reserve the right to delete, move or edit any User Content submitted at any time for any reason in our sole discretion. We may, in our sole discretion, terminate, in whole or in part, the operation of the Site or your use of the Site. You do not have the right to retain or access your User Content on the Site, and we have no obligation to return your User Content or otherwise make it available to you.

G. We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when posting or viewing User Content. We have no obligation to post, maintain, or otherwise use User Content, nor do we guarantee the distribution of User Content. In addition, we reserve the right to delete, move or edit any User Content submitted at any time for any reason in our sole discretion. We may, in our sole discretion, terminate, in whole or in part, the operation of the Site or your use of the Site. You do not have the right to retain or access your User Content on the Site, and we have no obligation to return your User Content or otherwise make it available to you.

H. The rights granted to you under this Agreement may not be terminated, revoked or canceled, nor may they be withdrawn. If you become aware that your User Content submission contains any material for which you have not unrestrictedly granted us the rights described above without obligation or liability to any third party, you agree to immediately provide us with a copy of the User Content at 3350 w. hillsborough ave, tampa, FL 33614 (Attn: Norman Robinson) or fax number 9152091660 to provide us with detailed written notice.

7. SITE CONTENT AND THIRD-PARTY LINKS

A. We provide the Website, including but not limited to the Website Content and User Content, for entertainment, educational and/or promotional purposes only. You may and should not rely on any information or opinions contained on the Website for any other purpose. In any event, it is your responsibility to evaluate the accuracy, timeliness, completeness or usefulness of the Site Content or User Content. In no event will we be liable for any loss or damage arising from your reliance on any Website Content or User Content.

B. In many instances, the Site Content will include content posted by or representing the opinions and judgments of third parties, including, but not limited to, User Content. We do not endorse, guarantee, or accept any responsibility for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Site by anyone other than an authorized Apartment Therapy employee or spokesperson in an official capacity.

C. We are under no obligation to become involved in a dispute between individuals accessing the Site or between individuals accessing the Site and any third party. In the event of such a dispute, you hereby release Apartment Therapy and its officers, directors, employees, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from claims, demands, and damages of any kind or nature whatsoever arising out of, in connection with, or in any way related to such disputes.

D. The Site may contain links to other websites maintained by third parties. We do not operate or control these third party websites in any respect and do not necessarily endorse the content on these websites. You are solely responsible for the use of third party links. We are not responsible for any content posted on third-party websites and are not liable for any loss or damage arising from your dealings with any third party or their website.

E. This website does not provide any medical advice. None of the Site Content is intended to be professional medical advice, diagnosis or treatment, or a substitute for it. Always consult your physician or other qualified health care provider if you have any questions about a medical condition or health plan. Do not disregard professional medical advice or delay in seeking it because of what you read on the Site.

8. MOBILE

The Site may contain certain services that may be used through your cell phone, including, but not limited to, (i) the ability to upload content to the Site from your cell phone (“Mobile Uploads”), (ii) the ability to receive and respond to messages and to send content and information using text messaging (“Mobile Text Messaging”), and (iii) the ability to access the Site from your cell phone (“Mobile Site”) (collectively, the “Mobile Services”). We do not currently charge for Mobile Services. However, your carrier’s normal information, data and other rates and charges still apply. By using the Mobile Services, you agree that we may communicate with you about the Site and our partners by sending SMS, MMS, text messages or other electronic means to your mobile device and that certain information about your use of the Mobile Services will be communicated to us.

Mobile Message Services Terms and Conditions

Thebalancenet.com service (the “Service”) is operated by Thebalancenet.com. By using the Service, you agree to these terms and conditions (“Mobile Terms”).

We do not charge a fee for the Service, but you are responsible for all text message related fees charged by your wireless service provider. Message and data rates may apply.

Text messages may be sent using an automated telephone dialing system or other technology. You agree that receipt of automated dialing marketing text messages is not a condition of purchasing any goods or services. If you opt-in, the Service will send text messages with updates, reminders, information, promotions, specials and other marketing offers from Thebalancenet.com to your wireless service provider via the cell phone number you provide. Text messages are sent on a recurring frequency. You can unsubscribe at any time by texting the single keyword “STOP” to +1 9152091660. You will receive a one-time opt-out confirmation text message. If you are subscribed to other Thebalancenet.com mobile messaging plans and wish to cancel, you will need to opt out separately by following the instructions provided in the respective mobile terms and conditions of those plans. For service support or assistance, please text HELP to +1 9152091660 or email Norman@thebalancenet.com.

We may change any of the short codes or telephone numbers we use to operate the Services at any time. You acknowledge that any message you send to our changed short code or telephone number, including any “stop” or “help” requests, may not be received by us and that we are not responsible for honoring requests contained in such messages.

Wireless carriers supported by the Service are not responsible for delayed or undelivered messages. You agree to provide us with a valid cell phone number. If you change your cell phone number, you agree to opt out of the Service before changing your cell phone number.

You agree to indemnify, defend and hold us harmless from any third-party claims, liabilities, damages or costs arising out of your use of the Service or out of your providing us with a phone number that is not your own.

You agree that we shall not be liable for any failure, delay or misdelivery of any message sent through the Service, any errors in such messages and/or any actions taken by you that may or may not have been taken in reliance on the message or the Service.

9. INDEMNIFICATION

You agree to indemnify and hold harmless Thebalancenet.com and its officers, directors, employees, partners, successors, agents, affiliates, subsidiaries, and its related companies from and against any and all claims, liabilities, losses, damages, obligations, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of, in connection with, or that may arise out of. (i) your access to or use of the Site; (ii) User Content provided by you or through the use of your Membership; (iii) any actual or alleged breach or violation of these Terms; (iv) any actual or alleged breach or violation of these Terms: (i) your access to or use of the Site; (ii) User Content provided by you or through the use of your Membership (i) your access to or use of the Site; (ii) User Content provided by you or made available through the use of your Membership; (iii) any actual or alleged breach or violation of these Terms by you; (iv) any actual or alleged breach by you of any representations, warranties, or covenants made by you to us; or (v) any act or omission on your part. You agree to cooperate fully with us in the defense of any claim relating to your obligations under these Terms.

10. DISCLAIMERS

you expressly acknowledge and agree that use of the site is at your sole risk. the site and site content are provided “as is” and “as available” without warranty of any kind, either express or implied, and without limiting the foregoing, and to the fullest extent permitted by law, apartment therapy inc. and its officers, directors, employees, partners, successors, agents, distribution partners, affiliates, subsidiaries and its related companies disclaim any and all warranties, including any warranties: (i) warranties that the site will meet your needs; (ii) warranties regarding the availability, accuracy, security, usefulness, timeliness, or informational content of the site or the site’s content; (iii) warranties of title, non-infringement, merchantability, or fitness for a particular purpose; (iv) warranties regarding the services or merchandise obtained through or advertised on or accessed through the site; and (v) (v) warranties as to the accuracy or reliability of the results that may be obtained from the use of this site; (vi) a warranty that your use of this site will be secure or uninterrupted; and (vii) a warranty that errors in the software will be corrected.

11. LIMITATION ON LIABILITY

a. in no event shall apartment therapy or its officers, directors, employees, partners, successors, agents, distributors, affiliates, subsidiaries, or their related companies be liable for indirect, incidental, special, consequential, punitive, or exemplary damages arising out of, in connection with, or in any way related to this site, the site content, user content, or these terms, even if apartment therapy has been advised of the possibility of such damages. partners, affiliates, subsidiaries or their related companies. if you are dissatisfied with the site (including, but not limited to, the content of the site), your sole and exclusive remedy is to discontinue using the site and/or services. the above limitation also applies to damages resulting from obtaining or advertising services or products in connection with the site or any link on the site, and from obtaining or advertising any information or advice in connection with the site or any link on the site. The above limitation also applies to damages resulting from any content or conduct (including User Content) posted by a third party on the Site.

B. Notwithstanding anything to the contrary in these Terms, in no event shall the cumulative liability of Apartment Therapy and its officers, directors, employees, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies exceed the greater of the total payments received by Apartment Therapy from you during the preceding twelve (12) month period or one hundred dollars ($100). In addition, you agree that any cause of action arising out of, relating to, or in any way connected with the Site or these Terms must be commenced within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred.

C. Certain Jurisdictions Do Not Allow Limitation of Liability. In such jurisdictions, some of the above limitations may not apply to you; however, these limitations shall apply to the fullest extent permitted by the laws of such jurisdictions.

12. TERMINATION

A. We reserve the right to terminate or suspend your membership and/or block your access to the Site at any time for any reason in our sole discretion, including, without limitation, if you fail to comply with the letter and spirit of these Terms. You agree that Thebalancenet.com shall not be liable to you or any third party for terminating or suspending your membership or blocking your access to the Site.

B. If you become a registered user, you may terminate your membership at any time by sending an e-mail to Norman@thebalancenet.com.

C. Any suspension or termination will not affect your obligations to us under these Terms. The provisions of these Terms that by their nature should survive the suspension or termination of your membership or these Terms shall survive, including, without limitation, the rights and licenses granted by you under these Terms, indemnification, disclaimers, disclaimers, limitations of liability, choice of law related provisions, dispute resolution, no class action, no jury trial, and all miscellaneous provisions in Section 20 below.

A. Apartment Therapy respects the intellectual property rights of others and expects its users to do the same. In appropriate circumstances, Apartment Therapy may, in its sole discretion, terminate and/or disable the memberships of Users it suspects of infringing the copyrights (or other intellectual property rights) of others. In addition, under appropriate circumstances and in its sole discretion, Apartment Therapy may remove or disable access to any material on its Web site or hosted on its systems that may be the subject of infringing or tortious activity.

B. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (“DMCA”), we will respond promptly to reports of claims of copyright infringement by giving our Designated Agent to receive notifications of claims of copyright infringement (its “Designated Agent”). thebalancenet.com Designated Agent’s contact information is as follows:

13. COPYRIGHT POLICY

Thebalancenet.com

3350 w. hillsborough ave

Tampa,FL 33614

orEmail us at Norman@thebalancenet.com

C. If you are a copyright owner (or authorized to act on behalf of a copyright owner) and believe that your copyright in a work has been infringed, please report your infringement to us by submitting to our Designated Agent a written notification of infringement that includes substantially the following information

i. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

ii. a identification of the copyrighted work claimed to have been infringed or, if a single notification refers to multiple copyrighted works on a single online site, a representative list of such works on that site

iii. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such material

iv. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted

v. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

vi. a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate action under the Digital Millennium Copyright Act. Inquiries that do not follow this procedure may not receive a response.

14. CHOICE OF LAW; JURISDICTION AND VENUE

These Terms shall be construed in accordance with state law without regard to its conflict of law rules. Any legal proceeding against Thebalancenet.com relating to, or in any way connected with, the Site or these Terms shall be arbitrated as provided below, except that if a court or arbitrator determines for any reason that the following arbitration clause is unenforceable or that the dispute is not arbitrable, any such action or claim must be brought exclusively in a state or federal court located in and you hereby waive any jurisdictional, venue or forum non conveniens objections to such courts.

15. DISPUTE RESOLUTION; BINDING ARBITRATION

In the Dispute Resolution section only, “we” and “us” are used to refer to both you and Thebalancenet.com.

A. We both agree to contact each other first in the event of any dispute and to provide a written description of the problem, all relevant documents/information, and a suggested resolution. You agree to contact us at the address provided in these Terms to resolve the dispute. We will contact you based on the contact information you provide.

B. We both agree to finally resolve all Disputes (as defined below and subject to any specific exceptions) by arbitration only. In arbitration, there is no judge or jury and review is limited. However, as in a court of law, the arbitrator must abide by the terms and limitations set forth herein and may award the same damages and remedies. Subject to certain exceptions set forth in the Federal Arbitration Act (“FAA”), the arbitrator’s decision and award are final and binding, and judgment on the award may be entered in any court of competent jurisdiction. We also both agree that

i. “Dispute” means any claim or controversy relating to the Site, the Site Content, or these Terms that is brought against the other party in any way, including claims by you against our officers, directors, employees, partners, successors, agents, affiliates, subsidiaries, and their related companies, as well as claims that may be brought against you by Thebalancenet.com.

ii. If either of us wishes to arbitrate a Dispute, we agree to send written notice to the other party providing a description of the Dispute, previous efforts to resolve the Dispute, all supporting documentation/information, and a proposed resolution. We will send the notice to you based on the contact information you provide to us, and the notice must be sent to the following address 3350 w. hillsborough ave,tampa,FL 33614. we agree to attempt to resolve the dispute. If we are unable to resolve the dispute within forty-five (45) days of receipt of the Notice of Arbitration, then we may submit the dispute to formal arbitration. ii.

The FAA applies to these Terms and this Arbitration Clause. iii. We both agree that the terms of the FAA, and not state law, govern all questions as to whether a Dispute should be submitted to arbitration. iv.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its arbitration rules. iv. To the extent that the AAA rules conflict with these Terms, these Terms will apply. You may obtain information on procedures, rules, and fees from the AAA at 1-800-778-7879 or www.adr.org.

v. The arbitration will be conducted by a neutral arbitrator and will take place in New York, New York. Federal or state law applicable to these Terms will also apply during the arbitration.

The arbitration will be conducted by a neutral arbitrator in New York, New York. vi. We both agree that there will be no class arbitration. We both agree that any arbitration will be conducted solely between you and us (and may not be conducted on behalf of or in conjunction with another person’s claim). If, for any reason, any court or arbitrator finds this limitation unconscionable or unenforceable, our arbitration agreement does not apply and the dispute must be submitted to the courts. vii.

vii. The prevailing party in the arbitration will be entitled to recover costs and expenses incurred in connection with the arbitration, including reasonable attorneys’ and experts’ fees.

C. Either of us may bring a qualifying claim in small claims court.

16. NO CLASS ACTIONS

To the extent permitted by law, you waive any right to pursue the Dispute on a class basis; i.e., to consolidate the Claim with the Claims of any other person or entity in any litigation, arbitration, or other proceeding or to bring a Claim on behalf of any other person in a representative capacity.

17. NO TRIAL BY JURY

To the extent permitted by law, you waive your right to a jury trial in any action, arbitration or other proceeding.

18. AMENDMENT; ADDITIONAL TERMS

A. We reserve the right, in our sole discretion, to modify or discontinue any aspect or feature of the Site or to modify these Terms at any time for any reason. In addition, we reserve the right to provide you with operating rules or additional terms (“Additional Terms”) that may govern your use of the Site in general, particular portions of the Site, or both. Any Additional Terms that we may make available to you will be incorporated into these Terms by reference. If any Additional Terms conflict with these Terms, the Additional Terms will control.

B. Changes to these Terms or Additional Terms are effective immediately upon notice, which may be given by posting on the Website or by e-mail or regular mail. It is your responsibility to check these Terms and the Website for any changes or additional terms at any time. Your access to and use of the Website following any changes to these Terms or additional terms will indicate your agreement and acceptance of those changes. If you object to any subsequent revisions to these Terms or any Additional Terms, you may terminate your membership in accordance with Section 12(B) above, or, if you do not have a membership, your only recourse is to immediately discontinue your use of the Website and/or the Services.

19. TERRITORIAL RESTRICTIONS

Software related to or provided by the Site may be subject to U.S. export controls. Accordingly, any software from the Site may not be downloaded, exported or re-exported: (i) to Cuba, North Korea, Iran, Syria, or any other country against which the United States has embargoed goods (or to its nationals or residents); or (ii) to any person on the U.S. Department of the Treasury’s list of Specially Designated Nationals or on the U.S. Department of Commerce’s Denial Order List. By downloading any software in connection with the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list. The parties expressly disclaim the application of the Convention on Contracts for the International Sale of Goods.

20. MISCELLANEOUS

A. In no event shall any delay or failure on our part to exercise or enforce any rights to which we may be entitled under these Terms be construed as a waiver of our right and privilege to exercise or enforce such rights at any subsequent time. You irrevocably agree to waive any and all rights to injunctive or other equitable relief. The section headings used herein are for convenience only and have no legal meaning. If any provision of these Terms is held to be invalid or unenforceable, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

B. These Terms (including the Privacy Policy and any additional terms incorporated by reference) constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior written or oral agreements between us with respect to such subject matter.

C. You may not assign these Terms or transfer any rights or delegate any obligations, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without proper prior written consent will be null and void and of no force and effect. thebalancenet.com may assign these Terms or any rights hereunder without your consent and without notice.