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BALANOMICS™ TERMS OF USE
Welcome to Balanstories, the Balanomics™ Blog Site!
1. Terms of Use. These Terms of Use govern your use of both the (a) Balanomics™ Website and (b) Balanomics™ Blog Site, titled Balanstories (collectively the “Sites”). The Balanomics™ mission is to improve work/life balance, profitability, and productivity in the profession by enhancing the retention, promotion, and professional satisfaction of talented attorneys. Balanomics™ may revise these Terms of Use at any time by updating this page.
2. Accepting the Terms. In order to use the Sites, you must first agree to these Terms of Use. You may not use the Sites if you do not accept these Terms of Use. You accept these Terms of Use by actually using the Sites. In this case, you understand and agree that Balanomics™ will treat your use of the Balanomics™ Sites as acceptance of the Terms from that point onwards.
You may not use the Sites and may not accept the Terms if (a) you are not of legal age to form a binding contract with Balanomics™, or (b) you are a person barred from using the Sites under the laws of the United States or other countries, including the country in which you reside or from which you access the Sites.
Before you continue, please print off or save a local copy of these Terms of Use for your records.
3. Limitations on Use. The Sites are geared towards those interested in Balanomics™. These Sites are controlled and operated by Balanomics™, which makes no representation that materials available on the Sites are appropriate in every country. Access to materials on these Sites from territories where their contents are illegal is prohibited. Those who choose to access the Sites are responsible for compliance with local laws.
You understand and agree that Balanomics™ regularly evaluates the form and content of the Sites to achieve its mission, and may change the same from time to time without prior notice to you.
As part of this regular evaluation, you understand and agree that Balanomics™ may permanently or temporarily restrict or disable access to the Sites (or any of their features) to you or users generally at its sole discretion without prior notice, or liability, to you or any third party. You may stop using the Sites at any time and without specifically informing Balanomics™ when you stop using the Sites.
You understand and agree that if Balanomics™ restricts or disables access to the Sites, you may be prevented from accessing any files or other content which you or other users post through the Sites.
You understand and agree that while Balanomics™ may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Sites or on the amount of storage space used, Balanomics™ may set such fixed upper limits at any time at its discretion.
4. Rules of Conduct. You understand and agree that:
In order to use the Sites, you may need to provide information about yourself (such as identification or contact details) as part of the registration process for, or your continued use of, the Sites.
Any registration information you give to Balanomics™ will always be accurate.
Your use of the Sites, including any content you submit, will comply with all applicable local, state, national, and international laws, rules, and regulations (including but not limited to laws governing competition, trade, false advertising and export control) and these Terms of Use.
You will not impersonate anyone else or submit content on behalf of any other person or entity.
You will not collect information about other users of the Sites without their consent.
You will treat other users of the Sites with respect.
You are at least 18 years old.
You will not submit any content that:
§ Infringes on the intellectual property rights or other rights of any person or entity;
§ Intentionally interferes with the Sites’ operation;
§ Violates any person’s privacy or publicity rights or breaches any duty of confidentiality that you owe to anyone or provides any non-public information about Balanomics™ or any other company or person without authorization (including the names and contact information for Balanomics™-affiliated entities and users of these Sites);
§ Is harassing, defamatory, abusive, pornographic, obscene, or otherwise objectionable (in Balanomics’™ sole judgment); or
§ Contains or installs any viruses, worms, bugs, Trojan horses, or other code, files, or programs designed to, or capable of, disrupting, damaging, or limiting the functionality of any software or hardware; or contains false or deceptive language, unsubstantiated or comparative claims regarding our or others’ services, third party advertising, spam, chain letters, or any other solicitation, including solicitation of lawsuits. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation or part of an “affiliate” program as determined by Balanomics™ in its sole discretion.
5. Links. The Sites may include links to third-party web sites, content, or resources, which are not under Balanomics’™ control. You access them at your own risk.
6. Contact. By submitting your email address in connection with your use of the Sites, you agree that Balanomics™ and its third party service providers may use your email address to contact you about your comments and otherwise.
7. Enforcement. Balanomics™ generally pre-screens content posted by the Sites’ users. Balanomics™ reserves the right, but undertakes no duty, to block, edit, or remove any content that it determines to be in violation of these Terms of Use or otherwise in its sole discretion. To report violations of these Terms of Use, please contact the Blog Moderator administrator@balanomics.net.
8. License and Release. In consideration of your use of the Sites, you grant to Balanomics™ and its designees a perpetual, irrevocable, non-exclusive, fully-paid up, and royalty-free license (the “License”) to use any ideas, expression of ideas, or other information, content, or materials you submit to the Site (collectively, “Materials”) without restrictions of any kind and without any payment or other consideration to, permission from, or notification to, you or any third party. The License shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and sublicense the Materials and all rights therein, in the name of Balanomics™ or its designees in perpetuity in any and all media now or hereafter known.
The License shall also permit Balanomics™ and its designees to use portions of the Materials you submit; re-record or modify any audio tracks or visual images you provide; re-write any Materials you submit; and/or incorporate other Materials, either created by Balanomics™ and its designees or licensed from third parties, with the Materials you submit. Any such works shall be deemed Materials owned by Balanomics™ and shall not be subject to your approval or payment by Balanomics™ of any compensation to you. Further, by using the Sites, you hereby consent and grant Balanomics™ the right, but not the obligation, to use your name, photograph, likeness, voice, performance, biography, and other information about you in connection with Materials you submit.
You also agree that Balanomics™ is free to use any of the Materials or any comments, information, or ideas contained in any content or communication you submit to Balanomics™ through the Sites for any purpose related to Balanomics™—including but not limited to advertising, marketing, modifying the Sites, and developing products and services— without obtaining your consent or acknowledgment, providing you notice, or paying you compensation.
You agree that the Materials you submit fully comply with these Terms of Use, including that your Materials are original, accurate, and do not violate the rights of any third party or applicable law or ordinance. If Balanomics™ determines that you have violated any of these terms, you may be barred from accessing the Sites and Balanomics™ may pursue any remedies available to us. You acknowledge and agree that the relationship between you and Balanomics™ concerning the Sites is not a confidential, fiduciary, or other special relationship.
You acknowledge and agree that Balanomics™ and its designees may create on their own Materials, or obtain many submissions that may be similar or identical to the Materials you submit. You hereby waive any and all claims you may have had, may have, and/or may have in the future, based on the allegation that the Materials accepted, reviewed, and/or used by Balanomics™ and its designees may be similar to your Materials.
9. Proprietary Rights and License to Use. All materials on the Sites, including, without limitation, names, logos, trademarks, graphics, photographs, illustrations, software, and other elements making up the Site (collectively, “Content”) are protected by copyrights, trademarks, or other intellectual property rights owned and controlled by us or by other parties that have otherwise provided their material to us. You may not delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or utilize the Site or any part of the Content for any purpose other than its intended one is strictly prohibited.
You may display, perform, redistribute and otherwise use the videos or other Content on the Sites under a worldwide, royalty-free, revocable and non-exclusive license from Balanomics™ (“User License”), provided you comply with the following restrictions:
§ You may not alter or edit the Balanomics™ content in any way, or combine the Balanomics™ content with other materials, without the prior written permission of Balanomics™. To request permission, please contact administrator@balanomics.net.
§ You must include any trademark protection, copyright
notices, disclaimer of warranties, tags and other disclosures, and
identifiers or accreditation required by Balanomics™.
§ You may not use the Balanomics™ content on any website or in any other medium, or in connection with any activity, that is sexually explicit, violent, derogatory, profane, defamatory; promotes alcohol, illegal drugs, tobacco, weapons, unsafe activities or a political message; infringes on the rights of any third party; or violates any law.
§ You may not offer for sale, assign, or impose any terms on the Balanomics™ content that alter, restrict, or are inconsistent with the terms of the User License or these Terms of Use.
§ Balanomics™ also reserves the rights to terminate any User License at any time, and to no longer make the Balanomics™ and Balanstories content available for license. In the event of termination of a User License by Balanomics™, you agree to immediately cease use of the Balanomics™ and Balanstories content, and if requested by Balanomics™ to notify Balanomics™ of any uses you made of the Balanomics™ content.
10. General Release. You hereby release and hold harmless Balanomics™, its founders, affiliated entities, employees, directors, officers, licensees, and assigns and each of their respective designees (“Balanomics™ Entities”) with respect to any claims, damages, costs, losses, and expenses, including but not limited to reasonable attorneys’ fees, due to or arising out of content you submit, post, transmit, or make available through the Sites.
11. Disclaimer of Warranties. The Sites, and all content, products, and services included on or available through them, are provided “as is” and “as available” for your use. You agree that your use of the Sites is at your sole risk. The Balanomics™ Entities, sponsors, and advertisers expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose or non-infringement. We make no warranty that use of the Sites or services on or from the Sites (including any software) will be uninterrupted, timely, accurate, secure, or free from error.
12. Limitation of Liability. Under no circumstances shall the Balanomics™ Entities, sponsors and advertisers be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of the use of any materials on these Sites, including but not limited to, any lost profits or revenue (whether incurred directly or indirectly); loss of goodwill or business reputation; cost of procurement of substitute goods or services; business interruption; or loss of computer programs or data arising from (I) your use of or inability to use the Sites, or (II) content, products, and/or services included on or available through the Sites. Some jurisdictions do not permit the exclusion of liability. Therefore, the above disclaimer of warranties and/or limitation or liability may not apply to you in its entirety.
13. Breach. You agree that Balanomics™ has no responsibility to you or to any third party for any breach of your obligations under these Terms or any resulting consequences, and that you are solely responsible for the same (including any loss or damage which Balanomics™ may suffer).
14. Indemnification. You agree to indemnify and hold the Balanomics™ Entities harmless from any claims, demands, liabilities, losses, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising from your breach of any warranties, representations, and agreements set forth in these Terms of Use, including, without limitation, your unauthorized or improper use of any Content.
15. Governing Law. This agreement shall be governed in accordance with the laws of the State of California and its validity, construction, and effect shall be governed by and enforced pursuant to the substantive laws of the State of California.
16. General Provisions. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire understanding and agreement between you and us regarding your use of the Sites.