Terms and Conditions

Warranties and Disclaimers

There are no warranties implied.

BALANSTONE is a registered investment adviser located in Massachusetts, and BALANSTONE, L.L.C., operates www.balanstone.com. BALANSTONE may only transact particular business in those states in which it is registered or qualifies for an exemption or exclusion from registration requirements. BALANSTONE’s website is limited to the dissemination of general information pertaining to its advisory services, consultations, together with access to additional investment-related information, publications, and links. Accordingly, the publication of BALANSTONE’s website on the Internet should not be construed by any consumer and/or prospective client as BALANSTONE’s solicitation to effect or attempt to make transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet. Any subsequent, direct communication by BALANSTONE with a prospective client shall be conducted by a representative that is either registered or qualifies for an exemption or exclusion from registration in the state where the prospective client resides. For information about the registration status of BALANSTONE, please contact the state securities regulators for those states in which BALANSTONE maintains a registration filing. A copy of BALANSTONE’s current written disclosure statement discussing BALANSTONE’s business operations, services, and fees is available at the S.E.C.’s investment adviser public information website – www.adviserinfo.sec.gov or from BALANSTONE upon written request. BALANSTONE does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to BALANSTONE’s web site or incorporated herein and takes no responsibility therefor. All such information is provided solely for convenience purposes only, and all users thereof should be guided accordingly.

This website and information are provided for guidance, education, and information purposes only.  Investments involve risk and, unless otherwise stated, are not guaranteed.  Be sure first to consult with a qualified financial adviser and/or tax professional before implementing any strategy.  This website and information are not intended to provide investment, tax, or legal advice.

Commentary
The BALANSTONE.com website contains commentary and links to certain articles only as a convenience. Linked articles have been written by third parties not affiliated with BALANSTONE. No information contained in these articles has been endorsed or approved by BALANSTONE, and BALANSTONE is not responsible for the content. No information accessed through these articles constitutes a recommendation by BALANSTONE to buy, sell, or hold any security, financial product, or instrument discussed therein. This information neither is, nor should be construed, as an offer, or a solicitation of an offer, to buy or sell securities by BALANSTONE. You shall be fully responsible for any investment decisions you make, and such decisions will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, and liquidity needs.

Copyright and Other Intellectual Property
BALANSTONE LLC maintains the website and is the owner or the authorized user of all text, images, graphics, photos, animation, music, sounds, and other materials contained on the website. The materials contained within the website, including, without limitation, any copyrights, trademarks, service marks, and all other proprietary materials, are protected by the U.S. and international copyright laws and treaty provisions, trademarks laws, and other proprietary rights laws. BALANSTONE also owns a copyright in the selection, coordination, and arrangement of the material contained within the website.
The material contained within the Websites is provided by BALANSTONE LLC only for lawful uses by customers, BALANSTONE employees, and members of the general public. The material may not be copied, republished, incorporated into another website or reproduced (whether by linking, framing or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the express written consent of BALANSTONE LLC.

LINKS
Clicking on certain links within the website or certain other websites that are linked to the website may take you to other websites, or may display information on your computer screen from other websites, which may not be maintained by BALANSTONE. Such websites may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to the website. Links to other Internet services and websites are provided solely for the convenience of users. A link to any service or website is not an endorsement of any kind of the Service or website, its content, or its sponsoring organization.

BALANSTONE assumes no responsibility or liability whatsoever for the content, accuracy, reliability, or opinions expressed in a website, to which the website is linked (a “linked website”) and such linked websites are not monitored, investigated, or checked for accuracy or completeness by BALANSTONE. It is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of any information available on a linked website. All products, services, and content obtained from a linked website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy.

Secured Areas
Access to and use of password-protected and/or secure areas of the website is restricted to authorized users only. Unauthorized persons attempting to access these areas of the website may be subject to prosecution.

Confidentiality of Information
BALANSTONE has taken reasonable steps to ensure the confidentiality of information taken at the website and transmitted via the Internet. However, unexpected changes in technology may be used by unauthorized third parties to intercept confidential information, and we cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.

 

Dispute Resolution

These terms, and any dispute arising from the use of this site, will be governed by Massachusetts without regard to its conflicts of laws provisions.

Feedback And Information

Any feedback you provide at this site shall be deemed to be non-confidential. BALANSTONE shall be free to use such information on an unrestricted basis.

Subject to the terms of this Agreement, you may download or print hard copies of pages but not on behalf of any third party. Any such downloads/hard copies must contain the following notice:

“Copyright (c) 2020 BALANSTONE. All rights reserved.”

Trademarks

BALANSTONE, AFIRI, and BALSNSTONE & DESIGN logo are registered marks of Balanstone L.L.C. You will not use or allow any third party to use any of Balanstone’s marks, including but not limited to the foregoing, without Balanstone’s prior express written consent.

Disclaimer of Warranties

THIS SERVICE IS PROVIDED “AS IS” WITH ALL FAULTS. BALANSTONE DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.

BALANSTONE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. BALANSTONE SHALL NOT BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICE.

PAST PERFORMANCE DOES NOT GUARANTEE FUTURE PERFORMANCE. BALANSTONE SHALL NOT BE CONSIDERED AN “EXPERT” UNDER THE SECURITIES ACT OF 1933. BALANSTONE DOES NOT WARRANT THAT THIS SERVICE COMPLIES WITH THE REQUIREMENTS OF THE NASD OR ANY SIMILAR ORGANIZATION OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.

Limitation of Liability

BALANSTONE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE USE OF, OR RELIANCE ON, THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY BALANSTONE (OR THAT PERSON) OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT OR EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY MANDATED BY APPLICABLE LAW.

EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF BALANSTONE ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, AND THE USE OF, OR RELIANCE ON, THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISDICTION IN AN AMOUNT NOT TO EXCEED $200.

EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, BALANSTONE SHALL NOT BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF BALANSTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend, and hold harmless Balanstone from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys’ fees), and/or damages of any kind arising from or relating to: (i) your use of the Service; (ii) your breach of this Agreement; and (iii) any information, or materials posted, published in connection with the Service.

User Password

If you are required to select a password to access or use the Information Service, you may then modify that password at any time as often as you like. You may not select any password that violates any third party’s rights or is offensive, improper, or inappropriate. If Balanstone determines in its sole discretion that any password you select is inappropriate for any reason, Balanstone may delete that password and/or limit or terminate your access to the Information Service.

Your password is exclusively for your use only, and you agree to keep it secret and not to share it with anyone and any organizations (except as expressly allowed under this User Agreement).

YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR PASSWORD, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. YOU MUST PROMPTLY NOTIFY BALANSTONE (USING EMAIL ADDRESS LISTED BELOW UNDER “Contact U.S.”) OF ANY UNAUTHORIZED USE OF YOUR PASSWORD.

Privacy and Information Made Available by You

Balanstone shall have the right to use and disclose any information provided by you through the Service (including but not limited to information provided through email) or made available through your use of the Service, for any lawful purpose unless you indicate otherwise in the Membership area of the Service. In no event shall you be entitled to any compensation for the use of any of this information. Please see our Privacy Policy for further details.

Governing Law and Jurisdiction

This Agreement is governed by and construed in accordance with the laws of the State of Massachusetts, U.S.A., without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the State of Massachusetts or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than that of the State of Massachusetts. You hereby consent to and agree to bring any and all claims in, the exclusive jurisdiction of the state and federal courts located in Suffolk County, Massachusetts, U.S.A., for any action or proceeding arising under or relating to this Agreement, the Service, or the use of, or reliance on this Service, whether based in contract or tort or otherwise.

Entire Agreement

This Agreement shall constitute the entire Agreement between you and Balanstone regarding the subject matter hereof and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.

Severability

To the maximum extent possible, each provision in this Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Agreement.

Privacy Policy

Last updated: July/15/2020

BALANSTONE(“us”, “we”, or “our”) operates https://www.balanstone.com (the “Site”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the site. We use your Personal Information only for providing and improving the site. By using the site, you agree to the collection and use of information in accordance with this policy.

Information Collection And Use

While using our site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include but is not limited to your name (“Personal Information”).

Log Data

Like many site operators, we collect information that your browser sends whenever you visit our site (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“I.P.”) address,  browser type, browser version, the pages of our site that you visit, the time and date of your visit,  the time spent on those pages and other statistics. In addition, we may use third-party services such as Google Analytics that collect, monitor and analyze this.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information.

Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer’s hard drive. Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our site.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means and encrypt all the data transfer on our site to protect your Personal Information, we cannot guarantee its absolute security.

Changes To This Privacy Policy

This Privacy Policy is effective as of 7/15/2020 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Privacy Policy at any time, and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. If we make any material changes in this Privacy Policy, we will notify you either through the email address you have provided us or by placing a prominent notice on our website.

Contact Us

If you have any questions about this Privacy Policy, please contact us at info@balanstone.com.

Dispute Resolution

These terms, and any dispute arising from the use of this site, will be governed by Massachusetts without regard to its conflicts of laws provisions.

Feedback And Information

Any feedback you provide at this site shall be deemed to be non-confidential. BALANSTONE shall be free to use such information on an unrestricted basis.

This User Agreement was last updated on July 2020.

The terms and conditions for this web site are subject to change without notice.

Copyright © 2020 All rights reserved. 2016-2020 BALANSTONE All rights reserved.
BALANSTONE, O.N.E. Marina Park Drive
BOSTON, MA USA

Updated by The BALANSTONE Legal Team on 7/15/2020

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