Terms and Conditions of Service
BalanceBraces.com is provided as a free service enabling its users to assist in balancing braces, parentheses, brackets, and tags in computer code, and achieve the other benefits possible via use of our service (the "Service" or "BalanceBraces.com"). The Service is provided by IdeaTeem, Inc., a Michigan corporation. This legal agreement is made between You and IdeaTeem, Inc. ("Agreement"). Please read the entire Agreement before using the Service in any way. By accessing BalanceBraces.com and using any Service provided by it, You agree to be bound by the terms and conditions of this Agreement. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SERVICE IN ANY WAY. The terms and conditions of this Agreement may be modified by BalanceBraces.com at any time, effective when posted on the Service. You can read the most current version of the Agreement at any time at www.BalanceBraces.com/terms.php.
ELIGIBILITY: Use of this Service is limited to persons 18 years of age or older, or by minors if their parents have read these Terms of Service and agree to accept full responsibility for any actions taken by them in connection with this Service, and furthermore agree to monitor all online activity of that minor in connection with our Service, directly or indirectly. By using the Service, You represent and warrant that You are at least 18 years old and have the right, authority, and capacity to enter into this Agreement and to abide by its terms and conditions, or that you are an eligible minor as stipulated above, and your parents have the right, authority, and capacity to enter into this Agreement and to abide by its terms and conditions.
USER CONDUCT: By using this Service, You agree that:
1. You will abide by all applicable laws and regulations. All rights to use BalanceBraces.com are granted on condition that such rights are forfeited if you fail to comply with every provision of this Agreement.
2. If You subscribe to any of our mailing lists, such as a request to be notified when we add new features to this site, You agree to accept and consent to receiving e-mail communications initiated from BalanceBraces.com. You agree that you will not consider any message from BalanceBraces.com to be spam; You therefore agree to waive any rights under the law concerning spam. You understand and agree that any advertisements posted on this site or sent in conjunction with e-mails to You are necessary for BalanceBraces.com to provide our Service. Your e-mail address will never be released to any person or corporation not affiliated with BalanceBraces.com unless BalanceBraces.com is presented with a court order compelling such disclosure.
3. You will not collect or reuse, for commercial or non-commercial purposes, any content, including but not limited to text or photos, found on BalanceBraces.com.
4. You will not "frame" or "mirror" any part of our Service, without our specific prior written and signed consent.
5. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of our Service or its contents.
6. You will not access BalanceBraces.com in any way other than our normal user interface. Any attempt to access BalanceBraces.com in any automated or semi-automated way is strictly prohibited for all Users.
7. You will not interfere with the use and enjoyment of our Services by other Users, including but not limited to, attempts to interfere or disrupt our Service or any site, servers, or networks connected to BalanceBraces.com.
8. You will not use meta tags or code or other devices containing any reference to BalanceBraces.com or our Service or any site connected to our Service in order to direct any person or computer to any other web site for any purpose.
9. You will not use this site to balance braces in any code used for illegal, immoral, or unethical purposes.
10. You will not use this site in any manner that might infringe or violate the rights of another party (including, but not limited to, rights of privacy and publicity, and intellectual property rights, including copyrighted material, trademarks, inside information, confidential information, trade secrets, or other proprietary information). It is Your responsibility to ensure that You obtain all consents, authorizations and clearances in any text owned or controlled by third parties that You generate, use, or transmit using this Service. BalanceBraces.com will not be liable in any way for any violations of copyright or other proprietary rights as a result of Your use of our Service.
11. You understand and agree that BalanceBraces.com reserves the right to modify or discontinue, temporarily or permanently, our Service at any time with or without notice to you. You agree that BalanceBraces.com shall not be liable to you or any third party for any modification or discontinuance of our Service.
12. You understand and agree that BalanceBraces.com has no obligation to provide you with the means to connect to our site or to use it. If you wish to use our site, you are solely responsible for obtaining Internet access through a suitable computer. Furthermore, you understand and agree that BalanceBraces.com has no obligation to assist you if you cannot utilize our site through its normal user interface, regardless of whether your inability to use our site is caused by a physical, mental, or other disability. If you have such an impairment and wish to use BalanceBraces.com, you are solely responsible for obtaining the assistance of someone who can help you utilize this site.
13. You understand and agree that You cannot sue BalanceBraces.com, IdeaTeem, Inc., or any of its officers, directors, employees, agents, subsidiaries, affiliates and any other related third parties, for any damages done to You through the site.
PENALTIES: You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then You will be liable to pay BalanceBraces.com liquidated damages for each instance of violating any of our Terms of Service. These liquidated damages are:
- For any attempted Denial of Service attack: $100,000 per occurrence plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses. In consideration of the malicious nature of the attack, you understand and agree that this debt cannot be discharged by bankruptcy (giving us the right to seize your future assets), and that you waive all rights that you may have concerning extradition in any legal proceedings against you relating to this matter. In further consideration of the malicious nature of the attack, you understand and agree that you waive all rights to use a company, corporation, or organization to shield your personal assets, making you, your company, corporation, organization, or any involved company, corporation, or organization, jointly liable for the penalties and fees.
- For any attempt to bypass our normal user interface and access, alter, or interfere with our database or any BalanceBraces.com functionality other than that stipulated above: $50,000 per occurrence plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses. In consideration of the malicious nature of the attack, you understand and agree that this debt cannot be discharged by bankruptcy (giving us the right to seize your future assets), and that you waive all rights that you may have concerning extradition in any legal proceedings against you relating to this matter. In further consideration of the malicious nature of the attack, you understand and agree that you waive all rights to use a company, corporation, or organization to shield your personal assets, making you, your company, corporation, organization, or any involved company, corporation, or organization, jointly liable for the penalties and fees.
- For all other TOS violations: $100 per occurrence plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses. An occurrence shall be defined as any single act that violates one or more of these Terms of Service.
INDEMNITY BY USER: You agree to defend, indemnify, and hold IdeaTeem, Inc., its officers, directors, employees, agents, subsidiaries, affiliates and any other related third parties, harmless relative to any liabilities, damages, losses, costs, and/or expenses, to include reasonable and actual attorney fees, directly or indirectly relating to or arising out of your use of BalanceBraces.com, including, but not limited to:
- Your breach of this Agreement.
- Your activities in connection with our Service.
- Any allegation that any materials that You submit to BalanceBraces.com, or transmit via our Service, infringes or otherwise violates the copyright, trademark, trade secret, or other intellectual property or other rights of any third party.
ONLINE CONTENT: You agree and acknowledge that opinions, advice, statements, offers or other information or content made available through any use of our Service, unless expressly stated to the contrary, are not made by or on behalf of BalanceBraces.com. Opinions, advice, statements, offers, or other information or content made available through the use of BalanceBraces.com's Service, but not directly by BalanceBraces.com, are those of their respective authors. BalanceBraces.com MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER, with regard to such matters. Such authors are solely responsible for such content. BalanceBraces.com does not represent, warrant, guarantee, or vouch for, in any respect, the accuracy, completeness, or usefulness of any information on the BalanceBraces.com Service, and BalanceBraces.com neither endorses nor can be responsible for the accuracy or reliability of any opinion, advice or statement made by parties other than BalanceBraces.com. Under no circumstances shall BalanceBraces.com be responsible for any loss or damage resulting from any person's reliance upon information generated or transmitted by this Service. BalanceBraces.com claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties, and nothing in this Agreement is intended to waive, remove, or usurp such immunity.
SUGGESTIONS: If You have suggestions on how to improve our Service or can suggest new applications for it, please contact BalanceBraces.com at www.BalanceBraces.com/contact.php. Please note that by doing so, You also grant BalanceBraces.com and third parties permission to use and incorporate your ideas or comments into our Service (or other IdeaTeem, Inc. products and services) without further compensation, although BalanceBraces.com may, in its sole discretion, send You a gift package if You are the first to suggest a beneficial application or improvement.
ADVERTISERS, VENDORS, AND THIRD PARTIES: Your correspondence, transactions or other dealings with advertisers, or other third parties available on or linked through BalanceBraces.com, including but not limited to payment and delivery of related goods or services, and other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser, partner, vendor or other third party. BalanceBraces.com does not endorse nor is BalanceBraces.com responsible or liable for any content, advertising, products, or other materials on or available from such parties or resources. You agree not to hold BalanceBraces.com liable for any loss or damage incurred as the result of your participation with the advertisers, partners, vendors, or other third parties available on or through our Service, or as the result of any dealings with such parties, including but not limited to the purchase or use of goods or services offered on or through the BalanceBraces.com site.
INTELLECTUAL PROPERTY: All intellectual property rights in and to our Service are and shall be owned by BalanceBraces.com, absolutely. Those rights include, but are not limited to, database rights, patents, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same; BalanceBraces.com waives no such rights, and expressly reserves the same. You may not copy, modify, publish, transmit, distribute, perform, display or sell any BalanceBraces.com material or information obtained from our Service. You agree not to duplicate, reproduce, copy, sell, trade, or exploit for any commercial purpose, any of our Services. You agree not to modify, adapt, sublicense, translate, or create derivative works based on our Service, in whole or in part. You agree not to reverse engineer, reverse assemble, decipher, decompile, or otherwise attempt to discover any source code used by BalanceBraces.com for the provision of our site or Services. You agree not to modify our software in any manner or form, or to use modified versions of our software, or to cause or enable others to do so. Our Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws and international conventions. Any modification, copying, reproduction, duplication, or creation of derivative works from, is prohibited. You may not copy, reproduce, duplicate, sell, or exploit for any purpose, any aspect of our Service.
PRIVACY: If You are located outside of the United States, please note that the information that You provide is being sent to the United States. By using our Service, You consent to Your data being sent to the United States and to such other third parties that may be involved in the provision and operation of the Service.
DISCLAIMERS: 1. AS IS. BALANCEBRACES.COM PROVIDES ITS SERVICE SOLELY ON AN "AS IS" BASIS. 2. NO WARRANTIES. BALANCEBRACES.COM GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, DIRECTLY OR IN ANY OTHER COMMUNICATION WITH OUR REPRESENTATIVES, OR WITH BALANCEBRACES.COM, DIRECTLY OR OTHERWISE, WITH RESPECT TO THE SERVICE. 3. EXPRESS DISCLAIMER OF IMPLIED WARRANTIES. BALANCEBRACES.COM EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. 4. OTHER WARRANTIES. FURTHER, BALANCEBRACES.COM DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. BALANCEBRACES.COM DISCLAIMS LIABILITY FOR, AND MAKES NO WARRANTY WHATSOEVER, WITH RESPECT TO CONNECTIVITY AND AVAILABILITY. 5. NO WARRANTIES AS TO CONTENT. ANY MATERIAL DOWNLOADED, OR OTHERWISE OBTAINED BY USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BALANCEBRACES.COM IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR LEGAL CONDUCT OF ANY USER. 6. SOLE AND EXCLUSIVE REMEDY. IF YOU ARE DISSATISFIED WITH ANY BALANCEBRACES.COM SERVICE, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, AT ANY TIME, NOW OR IN THE FUTURE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE UTILIZATION OF BALANCEBRACES.COM SERVICE. LIMITATION OF LIABILITY: IN NO EVENT WILL BALANCEBRACES.COM BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF BALANCEBRACES.COM OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOU ARE A RESIDENT OF SUCH A JURISDICTION, OR ACCESS OUR SERVICE IN OR THROUGH SUCH A JURISDICTION, BALANCEBRACES.COM EXPRESSLY INSISTS THAT YOU DO NOT USE ANY OF OUR SERVICES.
COMPLAINTS: To resolve a complaint regarding our Service, You should first contact BalanceBraces.com by means of the Contact Us form available at www.BalanceBraces.com/contact.php.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE: Recognizing the global nature of the Internet, you agree to comply with all local rules and applicable laws regarding acceptable content, online conduct, and the transmission of data exported from the United States or the country in which you reside.
EXPORT/IMPORT CONTROLS: Use of our Services is subject to United States export controls and the import control laws of other countries. No use of our web site or Service is permitted by (1) a national or resident of Cuba, Iran, Libya, North Korea, Iran or Syria, or any national or resident of any other Country to which the U.S. has embargoed goods or (2) anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or Denied Persons List. By using our Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
DISPUTE RESOLUTION: If there is any dispute involving BalanceBraces.com or our Service, You agree that the dispute will be governed by and construed in accordance with the laws of the State of Michigan without regard to the conflict of law provisions of Michigan or your actual state or country of residence. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
GENERAL: You certify that You have read and that You agree to be bound by the terms and conditions in this Agreement. If any provision of the Agreement is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. The failure of BalanceBraces.com to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. These Terms of Service constitute the entire agreement between You and BalanceBraces.com with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by IdeaTeem, Inc. You hereby consent to the exchange of information and documents between us electronically over the Internet or by e-mail, and that this electronic Agreement shall be the equivalent of a written paper agreement between us.