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TERMS OF USE AND LEGAL RESTRICTIONS

THE FOLLOWING ARE TERMS OF USE AS A LEGAL AGREEMENT BETWEEN YOU AND BALANCED+. PLEASE READ THESE TERMS OF USE CAREFULLY PRIOR TO USING THIS WEBSITE. YOUR USAGE OF THIS WEBSITE SIGNIFIES THAT YOU ACKNOWLEDGE, UNDERSTAND AND AGREE TO ACCEPT AND BE BOUND BY THESE TERMS (“TERMS”) AND THEIR CONDITIONS THEREIN. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

USE OF SITE

BALANCED+ and all subsidiaries authorizes you to view and download the materials at this Web site (“Site”) for your personal, non-commercial use only, provided that you retain all copyright and other proprietary notices contained in the original materials and on any copies of the materials. In addition, as a condition of your use of this Site, you represent and warrant to BALANCED+ that you will not use this Site for any purpose that could be construed as unlawful, immoral or prohibited by these terms and conditions. This Site has been prepared solely for the purpose of providing information about BALANCED+ and the services and products it offers and has been compiled in good faith by BALANCED+. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. BALANCED+ also reserves the right to terminate your authorization to use any services at the Site and to delete any one or more of your related accounts, with or without cause, immediately and at any time.

INFORMATION YOU SUBMIT

BALANCED+ does not want to receive confidential or proprietary information from you through our Site. Other than personally identifiable information, which is covered under the BALANCED+ Privacy Policy, any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary (“Communications”). BALANCED+ will have no obligations with respect to the Communications. BALANCED+ and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

TRADEMARKS AND COPYRIGHT

All software and content such as text, graphics, logos, button icons, images, audio clips, trademarks and service marks (the “Trademarks”) used and displayed on this Site is the owned or licenced property of BALANCED+ or its software and content suppliers and protected by copyright and trademark laws. These Trademarks are registered and unregistered Trademarks of BALANCED+ and may only be used publicly with written permission from BALANCED+. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. BALANCED+ aggressively enforces its intellectual property rights to the fullest extent of the law. Any other trademarks not owned by BALANCED+ or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BALANCED+.

PRODUCT INFORMATION

BALANCED+ has made a conscientious effort to display and describe its products and services on the site accurately. BALANCED+ is also consistently improving the information, products and services they provide to you. Consequently, BALANCED+ cannot and does not guarantee the lack of discrepancy with respect to the accuracy or completeness of the information found within this Site.

LINKS TO THIRD PARTIES

The Site may contain links to third party sites, which are provided to you solely as a convenience to you. BALANCED+, therefore, does not have control over, imply endorsement or make any representations about them, or any information, software or other products or materials found there or any association with its operators. BALANCED+ assumes no responsibility, and shall not be held liable for any damages to or viruses that may infect your computer equipment or other property due to the use of, access to, or browsing of the Site. By using these third party sites you will be leaving the Site. The inclusion of these third party links also does not imply that BALANCED+ is authorized for the usage of any trade name, trademarks, logos or any copyrighted symbols reflected in these liked sites. You are responsible for viewing and abiding to the privacy statements and terms of use on each third party site accessed and therefore, this access is done so entirely at your own risk. The Site also acknowledges that it uses minimal, if any cookies to deliver the content found herein. If you would prefer, you can set your browser to reject cookies as an added precaution. Anyone linking to the Site must comply with the Guidelines for Linking to BALANCED+ Web Site set out below and all applicable laws.

USE OF SOFTWARE

If you download software from this Site (“Software”), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement.

DISCLAIMER

THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Although BALANCED+ has tried to include accurate, complete and up to date information it does not warrant the accuracy and completeness of the materials or services at this Site either be expressed or implied. BALANCED+ may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice or obligation. The materials and services at this Site may be out of date, and BALANCED+ makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local BALANCED+ business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT WILL BALANCED+, ITS SUBSIDIARIES, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. APPLICABLE LAWS

This Site is administered by BALANCED+ from its offices in Mississauga, Ontario, Canada. BALANCED+ makes no representation that materials or services at this Site are appropriate or available for use outside of Canada, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation Canadian export laws and regulations. If you choose to access this Site from outside Canada, you do so on your own initiative and are responsible for compliance with applicable local laws. You also expressly waive any right to a jury trial regarding disputes related hereto and you also waive any right you may have to commence or participate in any class action against BALANCED+ and, where applicable, you hereby agree to opt out of any class proceeding against BALANCED+ otherwise commenced. These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. In any dispute involving these Terms, you irrevocably agree to attorn to the jurisdiction of the courts of the Province of Ontario.

GENERAL

BALANCED+ may revise these Terms at any time by updating this posting. You should visit this page periodically to review the then current Term, as your usage of this Site, as it is your agreement of being bound by any such revisions. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

GUIDELINES FOR LINKING TO BALANCED+ WEB SITE

If you would like to link to BALANCED+ web site, please read and comply with the following guidelines:

You indicate that you accept the BALANCED+ Online Privacy Policy;

You agree that BALANCED+ may at any time and without notice, change the terms and conditions under which this Site is offered; and You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between you and BALANCED+ as a result of this agreement or your usage of the Site.

A Site that links to BALANCED+ Web Site:

  • May link to, but not replicate, BALANCED+ content;
  • Shall not create a browser or border environment around BALANCED+ content;
  • Shall not imply that BALANCED+ is endorsing it or its products;
  • Shall not misrepresent its relationship with BALANCED+;
  • Shall not present false information about BALANCED+ products or services; and
  • Shall not contain content that could be construed as distasteful, offensive, or controversial and shall contain only content that is appropriate for all age groups.

The Terms and the privacy statement together constitute the entire agreement between you and BALANCED+ with respect to the subject matter herein. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and BALANCED+ with respect to this subject matter. No modification of this agreement shall be deemed effective unless it is authored by BALANCED+ or any subsidiaries, such amendments or modifications available to it pursuant to these Terms. Any alleged waiver of any breach of these BALANCED+ Online Privacy Policy Terms shall not be deemed to be a waiver of any future breach. A printed version of these Terms and/or of any notice given by BALANCED+ in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by BALANCED+ in printed form.

If you have comments or questions about this Policy, please contact us at:

BALANCED+ INC

3464 Semenyk Ct Suite 101, 

Mississauga

ON  L5C 4P8

Canada

+1 (416) 897-1069

info@balanced.plus

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