Terms and Conditions (a/k/a "The Fine Print")
It is understood and agreed to that the below-identified discloser of confidential information may provide certain information that is and must be kept confidential. To ensure the protection of such information, and to preserve any confidentiality necessary under patent and/or trade secret laws, it is agreed that
- The Confidential Information to be disclosed can be described as and includes:
- Invention description(s), technical and business information relating to proprietary ideas and inventions, ideas, patentable ideas, trade secrets, drawings and/or illustrations, patent searches, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.
- The Recipient shall limit disclosure of Confidential Information within its own organization to its directors, officers, partners, members, employees and/or independent contractors (collectively referred to as “affiliates”) having a need to know. The Recipient and affiliates will not disclose the confidential information obtained from the discloser unless required to do so by law.
- This Agreement imposes no obligation upon Recipient with respect to any Confidential Information
- that was in Recipient’s possession before receipt from Discloser;
- is or becomes a matter of public knowledge through no fault of Recipient;
- is rightfully received by Recipient from a third party not owing a duty of confidentiality to the Discloser;
- is disclosed without a duty of confidentiality to a third party by, or with the authorization of, Discloser; or
- is independently derived by Recipient.
- This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information. Any addition or modification to this Agreement must be made in writing and signed by the parties.
- If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.
B. Balanced Services LLC shall not be deemed in default of this Agreement, nor shall it hold Party responsible for any cessation, interruption or delay in the performance of its obligations (excluding payment obligations) due to an earthquake, flood, fire, storm, natural disaster, an act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar events beyond the reasonable control of the Party, provided that the Party relying upon this provision: gives prompt written notice thereof, and takes all steps reasonably necessary to mitigate the effects of the force majeure event.
If a force majeure event extends for a period in excess of thirty (30) days in the aggregate, either Party may immediately terminate this agreement upon written notice.
Limits of Liability
B. Balanced Services LLC, its agents, partners, representatives, employees, shall not be held liable for any errors or omissions on the part of Party. For any and all claims, losses, expenses, injuries, or damages arising out of or any way related to this Agreement by reason or any act or omission, including breach of contract, not providing requested documentation timely, or negligence not amounting to a willful or intentional wrong, Party understands and agrees that any monetary damages awarded shall not exceed the total compensation received by B. Balanced Services LLC under the Agreement.
Hardware and Software Warranties
During the course of the engagement, we may recommend a purchase and installation of computer or technological hardware, software, communications, or services by your company. Warranties and technical support, to the extent they exist, are provided only by the manufacturer/vendor of those products. You agree that B. Balanced Services LLC will not be held liable for any defects, viruses, service outages, or loss of data caused by or on the part of any third party vendors/manufacturers.
Services Outside the Scope of The Engagement
You may request that we perform additional services at a future date not contemplated by our current engagement. If this occurs, we will communicate with you regarding the scope and estimated cost of these additional services via change order. Engagements for permanent additional services will necessitate that we issue a separate engagement letter to reflect the obligations of both parties. We reserve the right to revisit our fees at any time the need arises due to changes in size, structure, employment, or needs of your organization.
Reservation of Rights
B. Balanced Services LLC reserves the right to re-evaluate the engagement in the event of increased complexity, increased quantity of transactions, and increased employees at any time. B. Balanced Services LLC further reserves the right to sever the engagement due to non-payment of invoices, unethical/illegal acts perpetrated by agents or employees of your company, non-contact, or inability to obtain necessary documents and information in a timely manner. Any funds received by B. Balanced Services LLC prior to severance of this engagement will be nonrefundable.
What Information does B. Balanced Services LLC Collect?
Personally Identifiable Information
B. Balanced Services LLC may collect and store personally identifiable information about you if you voluntarily submit such information to B. Balanced Services LLC. Personally identifiable information may include your name, email address, phone number, physical address and other information that specifically identifies you.
Non-Personally Identifiable Information
B. Balanced Services LLC may also automatically collect (through Cookies and other methods) and store aggregate or anonymous information about user contact with and use of the Site.
Examples of this type of information include demographic information, the type of internet browser you are using, and the domain name of the website from which you linked to our Site and your usage of the Site. Non-Personally identifiable information may also include personally identifiable information that has been aggregated so that no one individual is specifically identifiable (such as, how many users in a particular city access the Site).
How does B. Balanced Services use this information?
Personally Identifiable Information
We will never share your financial information with any third parties except where required by law.
When you choose to provide personally identifiable information to B. Balanced Services LLC on our website, B. Balanced Services LLC may use this information to contact you from time to time.
We will never share your personally identifiable information, such as your contact details, with our Clients without your explicit consent.
If you explicitly provide your consent, we may publicly refer to your company for Case Study purposes.
We may share your personally identifiable information with companies that are affiliates of B. Balanced Services LLC, technical consultants and other third parties who make our Site available, enhance its functionality, or provide associated services (but only for the purpose of providing such services to B. Balanced Services LLC).
Non-Personally Identifiable Information
We may share non-personally identifiable information with third parties for any number of reasons, including advertising, promotional and/or other purposes.
Information obtained in connection with the Site may be intermingled with and used by us in conjunction with information obtained through sources other than the Site, including both offline and online sources.
We reserve the right to transfer any information to our successors in business and purchasers of Site assets or a particular division or line of business.
We also reserve the right to access and/or disclose any information as required by courts or administrative agencies and to the extent necessary to permit us to investigate suspected fraud, harassment or other violations of any law, rule or regulation, the rights of third parties or to investigate any suspected conduct which B. Balanced Services LLC deems improper.
This Site may contain links to websites maintained by third parties. B. Balanced Services LLC is not responsible for the privacy practices of such third party sites. You should carefully read their own privacy policies before providing any information to such third parties.
Reviewing or Changing your Information
In order to ensure that the information we maintain is accurate, B. Balanced Services LLC gives users the option to change or modify their information previously provided. If you would like to change your information currently in our database, please contact us at firstname.lastname@example.org .
B. Balanced Services LLC is not responsible for updating information contained in third-party lists or databases.
Opt Out Procedures
You have the option to opt out of receiving information from B. Balanced Services LLC. This opt out messaging will appear at the bottom of any promotional email that is sent out to you by B. Balanced Services LLC in relation to this Site. B. Balanced Services LLC also gives you the option to unsubscribe from all other communications. If you no longer wish to receive any form of direct contact from B. Balanced Services LLC, whether it is email, discounts, newsletters, or other promotional offers or materials, or wish us to delete your personally identifiable information from our database, please send us a request marked “Privacy-Urgent”, to email@example.com .
However, B. Balanced Services LLC is not responsible for removing information from third-party lists or databases of any kind if we have shared your information with such third parties as permitted by this policy.
Please note that, notwithstanding the fact that we may have removed your information from our list of subscribers, we reserve the right to keep any information submitted or collected for business reasons, such as archiving data.
We are committed to taking reasonable steps to ensure the security of your information. However, due to the inherent open nature of the Internet, we cannot absolutely guarantee that communications between you and us or information stored on the Site or our servers, will be completely free from unauthorized access by third parties such as hackers, and the submission of personally identifiable information or use of the Site demonstrates your assumption of this risk.
Children’s Online Privacy Protection Act Compliance (COPPA)
We are in compliance with the requirements of COPPA. We do not collect any information from anyone under 13 years of age. Our website, products, and services are all directed to people who are over 13 years of age.
Last Updated 4.15.2019