1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Balhance ("Company," "we," "us," or "our"), a professional services company based in the Commonwealth of Pennsylvania, governing your access to and use of the website located at www.findbalhance.com (the "Site") and any related services, content, or offerings made available through the Site.
By accessing or using the Site, you confirm that you are at least 18 years of age, have the legal authority to enter into these Terms, and agree to be bound by them in their entirety. If you do not agree to these Terms, you must immediately cease using the Site.
These Terms apply to your use of the Site only. Consulting, advisory, and coaching engagements with Balhance are governed by a separate client agreement executed at the time of engagement. In the event of a conflict between these Terms and a signed client agreement, the client agreement shall control.
2. Description of Services
Balhance provides professional consulting, advisory, and coaching services to individuals and organizations. Information presented on this Site is for general informational purposes only and does not constitute professional, legal, financial, or other regulated advice.
We reserve the right to modify, suspend, or discontinue any aspect of the Site or our services at any time, with or without notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.
3. Permitted Use and Prohibited Conduct
3.1 Permitted Use
You may access and use the Site solely for lawful purposes and in accordance with these Terms. You agree to use the Site only for your own personal or internal business evaluation purposes and not on behalf of or for the benefit of any third party without our prior written consent.
3.2 Prohibited Conduct
You agree that you will not, under any circumstances:
- Use the Site in any manner that violates applicable local, state, federal, or international law or regulation
- Impersonate Balhance, any Balhance employee, another user, or any other person or entity
- Transmit any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation
- Attempt to gain unauthorized access to any part of the Site, its servers, or any system or network connected to the Site
- Use any automated means, including bots, scrapers, or crawlers, to access, collect, or index any content from the Site without our prior written permission
- Introduce any viruses, malware, or other harmful code to the Site or its underlying infrastructure
- Engage in any conduct that restricts or inhibits any other user's use or enjoyment of the Site
- Reproduce, duplicate, copy, sell, or exploit any portion of the Site or its content for any commercial purpose without our express written consent
- Use the Site to harass, threaten, defame, or harm any individual or organization
- Collect or harvest any personally identifiable information from the Site without authorization
We reserve the right to terminate or restrict your access to the Site immediately and without notice if we determine, in our sole discretion, that you have engaged in any prohibited conduct.
4. Intellectual Property
4.1 Ownership
All content on this Site — including but not limited to text, graphics, logos, icons, images, audio clips, data compilations, software, and the overall design and compilation of the Site — is the exclusive property of Balhance or its content licensors and is protected by United States and international copyright, trademark, trade dress, and other intellectual property laws.
4.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial purposes. This license does not include the right to: (a) modify or create derivative works of the Site or its content; (b) reproduce, publicly display, distribute, or commercially exploit any content; or (c) use any data mining, robots, or similar data gathering tools on the Site.
4.3 Client Work Product
Intellectual property rights relating to deliverables, work product, or materials produced through a paid client engagement are governed exclusively by the terms of your signed client agreement with Balhance. Nothing in these Terms transfers or licenses any rights to such work product.
4.4 Feedback
If you submit suggestions, ideas, feedback, or other information to Balhance regarding the Site or our services ("Feedback"), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, and incorporate such Feedback into our products and services without any obligation of compensation or attribution to you.
4.5 Trademarks
"Balhance" and associated logos and marks are trademarks of Balhance. You may not use our trademarks, trade names, or service marks without our prior written consent. All other trademarks appearing on the Site are the property of their respective owners.
5. Payments and No Refund Policy
Fees for Balhance's consulting, advisory, and coaching services are set forth in your individual client agreement. Payment terms, invoicing schedules, and accepted payment methods are specified at the time of engagement.
All payments made to Balhance are final. We do not offer refunds or cancellations for any services rendered or fees paid, except as expressly provided in a signed client agreement or as required by applicable law.
We use Stripe to process payments. By providing payment information, you authorize us to charge your designated payment method for all applicable fees. You agree to Stripe's terms of service, available at stripe.com/legal.
6. Disclaimers and No Warranties
THE SITE AND ALL CONTENT, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BALHANCE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that: (a) the Site will be uninterrupted, error-free, or secure; (b) any defects will be corrected; (c) the Site or its servers are free of viruses or harmful components; or (d) the results obtained from use of the Site will be accurate, reliable, or meet your expectations.
Any content on the Site is for general informational purposes only and should not be relied upon as professional advice. You should consult a qualified professional before acting on any information obtained from the Site.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BALHANCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL BALHANCE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO BALHANCE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
8. Indemnification
You agree to indemnify, defend, and hold harmless Balhance and its officers, directors, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or access to the Site; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense of such claims.
9. Third-Party Links and Services
The Site may contain links to third-party websites or services that are not owned or controlled by Balhance. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We encourage you to review the terms and privacy policies of any third-party sites you visit.
The inclusion of any third-party link does not imply endorsement, approval, or recommendation by Balhance of that site or its content.
10. Dispute Resolution and Arbitration
10.1 Informal Resolution
Before initiating any formal dispute proceeding, you agree to first contact us at contact@findbalhance.com and provide a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice.
10.2 Binding Arbitration
If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our services — including questions of arbitrability — shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as modified herein.
The arbitration shall be conducted by a single arbitrator and, unless otherwise agreed, shall take place in Pennsylvania. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
10.3 Class Action Waiver
YOU AND BALHANCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
10.4 Governing Law
These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Pennsylvania.
10.5 Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
11. Modifications to These Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will update the Effective Date at the top of this page. It is your responsibility to review these Terms periodically. Your continued use of the Site following the posting of updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Site.
12. Termination
We reserve the right to suspend or terminate your access to the Site at any time, with or without cause or notice, including if we believe you have violated these Terms or any applicable law. Upon termination, all licenses and rights granted to you under these Terms will immediately cease. Sections 4, 6, 7, 8, and 10 of these Terms shall survive any termination.
13. General Provisions
13.1 Entire Agreement
These Terms, together with our Privacy Policy and any signed client agreement, constitute the entire agreement between you and Balhance with respect to the Site and supersede all prior or contemporaneous understandings regarding the same subject matter.
13.2 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
13.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision unless acknowledged and agreed to by us in writing.
13.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms without restriction.
14. Contact Us
If you have any questions about these Terms of Service, please contact us:
- Balhance
- Website: www.findbalhance.com
- Email: contact@findbalhance.com
- Location: Commonwealth of Pennsylvania, United States
We will make every effort to respond to your inquiry within 30 days.