Terms and Conditions
Warranties and Disclaimers
There are no warranties implied.
BALANSTONE is a registered investment adviser located in Boston and Massachusetts, and www.balanstone.com is operated by BALANSTONE, LLC. BALANSTONE may only transact certain 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 effect 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 SEC’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.
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.
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.
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.
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 is the User Agreement for the below-defined Service made available to you by Balanstone, LLC. (“Balanstone”). This is also where you will find posted updates by this User Agreement in the future.
YOUR USE OF THIS PRODUCT/SERVICE AND ANY OF ITS CONTENTS MADE AVAILABLE TO YOU HERENUNDER, INCLUDING BUT NOT LIMITED TO, ANY TEXT, DATA, INFORMATION, MATERIALS, SOFTWARE, AND GRAPHICS CONTAINED OR PROVIDED THROUGH IT IN ANY FORM OR MEDIA AND ALL SERVICES THAT MAY BE PROVIDED IN CONJUNCTION WITH IT (ALL SUCH INFORMATION, MATERIALS AND SERVICES, COLLECTIVELY, THE “SERVICE”) IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT (“AGREEMENT”). BY SUBSCRIBING TO THE SERVICE, USING THE SERVICE IN ANY WAY, OR ACCEPTING ANY RELATED SERVICES FROM BALANSTONE, YOU AGREE THAT YOU: (1) HAVE READ AND UNDERSTAND THIS AGREEMENT, (2) HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO IT; AND (3) ARE BOUND BY ALL OF ITS TERMS AND CONDITIONS.
Balanstone may change the terms and conditions of this Agreement at any time. A notification of such change(s), as well as the revised Agreement itself, will be posted in the Membership area or Help section of the Service. You will be responsible for regularly checking the Membership Area and for reviewing any changes to the Agreement. By using the Service after any such changes take place, you signify your acceptance of the change(s) and your agreement to be bound by them.
Use of the Information Service
Subject to the terms of this Agreement, Balanstone grants you a revocable, non-transferable, non-exclusive limited license to use those portions of the Service, to which you are granted access but only for your own personal, non-commercial use and not for any use on behalf of any third party. For absence of doubt, you may not use the Information Service to service, or otherwise perform work on behalf of, any brokerage, financial services or related person(s) or their clients. Use of the Service is intended only for US residents.
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) 2017 BALANSTONE. All rights reserved.”
There may be certain limits or additional conditions imposed on you in order for you to access certain portions of the Service and/or to download and/or print pages or reports. In all cases, this Agreement (as supplemented by such limits and/or additional terms and conditions) will govern your use of the Service and you agree to comply with it.
Except as expressly set forth in this Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate the Information Service, or any portion of it (including, but not limited to, any download or printed copies made from it) without Balanstone’s prior written consent.
Balanstone has the right, at any time without notice, to: (i) revoke or limit your license to use the Information Service (or any portion of it); and (ii) change or discontinue providing the Service (or any portion thereof). Balanstone has no obligation to update the Service or to correct any errors or omissions that might be contained in it.
Ownership and Copyright
You acknowledge and agree that the Information Service (including, without limitation, all information contained in or associated with it) is owned by Balanstone and is protected by international copyright and other intellectual property laws. You further acknowledge and agree that the Information Service contains certain proprietary data and information of Balanstone, that you will not use these data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from illicit distribution or use.
BALANSTONE and BALSNSTONE & DESIGN logo are registered marks of Balanstone LLC. 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.
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.
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 E-MAIL ADDRESS LISTED BELOW UNDER “Contact US”) OF ANY UNAUTHORIZED USE OF YOUR PASSWORD.
Privacy and Information Made Available by You
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.
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.
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.
In addition to the above, the following provisions shall apply to you if you are a Member of the Information Service:
Subscription and Service
You may not use the Information Service without a valid subscription from Balanstone. To obtain a subscription, you must register for the Information Service by completing the online registration form available on the site. Your subscription will not be valid unless and until Balanstone accepts your registration. By registering for the Service, you represent and warrant that all registration information that you provide is true, complete, and accurate, and you agree to notify Balanstone promptly of any changes to this registration information. This notification can be effected by editing your user profile in the Service.
You may be offered a free trial subscription to the Service, beginning on the date on which Balanstone accepts your registration. If you don’t terminate during this trial period, the initial term of your regular paid Information Service subscription will start immediately after the free trial period ends, and will continue for the length of time that you selected when you registered. If you have taken a trial Subscription in the past 24 months, you will not receive a free trial and your credit card will be charged immediately for the subscription fee associated with the term you select.
You understand that, unless you notify us that you wish to terminate your subscription before the end of your then-current subscription term, your subscription will continue to automatically renew for successive terms of the same duration and your credit card will be charged for each such renewal at the subscription fee in effect at the time of that renewal. In those instances where you took advantage of a special or introductory offer to become a paid subscriber, your subscription will automatically renew to the term specified in the offer and your credit card will be charged the subscription fee in effect at the time of that renewal. The term “subscription term” shall refer to the term of your subscription then in effect, regardless of whether it is the initial term or any renewal of that term.
BALANSTONE RESERVES THE RIGHT TO CHANGE THE PAID SERVICE AT ANY TIME WITHOUT NOTICE (INCLUDING BUT NOT LIMITED TO ADDING OR REMOVING FEATURES). IF YOU ARE DISSATISFIED WITH ANY SUCH CHANGES, OR IF YOU ARE OTHERWISE DISSATISFIED WITH THE PAID SERVICE (INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE OR AVAILABILITY), YOUR ONLY REMEDY WILL BE TO CANCEL YOUR SUBSCRIPTION, AS SET FORTH BELOW.
The paid service subscription is exclusively available for the registered subscriber, and you may not transfer or share your subscription with any other person (including but not limited to your coworkers) other than immediate family members living in the same household, provided that: (i) such family members have read and agree to be bound by the terms and conditions of this paid service Agreement; (ii) your subscription is not simultaneously used by more than one person at any given time; and (iii) you agree to be responsible for any use of your subscription by those other family members.
Charges and Billing Practices
If offered a free trial period, you will not be charged a subscription fee during that free trial period. If you remain a paid subscriber when the free trial period ends, you will be charged for the initial term of your subscription and then, at the beginning of each renewal term, if any, for the subscription fee for that renewal term. Subscription fees will be based upon the subscription rates in effect at the start of each subscription term and apply whether or not you actually use the paid service during that term. You can always find the current subscription rates by reviewing the site.
Balanstone reserves the right to change the fees it charges for products, services or features offered in connection with the paid service and/or the service at any time. These sorts of changes include, but are not limited to, adding fees for new/optional Products and/or modifying fees for existing Products. If you do not want to pay these associated fees, you must cancel your subscription, as set forth below.
Subscription fees and all others fees and charges associated with your subscription (including, but not limited to, any applicable federal, state, and local taxes) will be billed automatically to the credit card you provide when registering for the paid Service (“your credit card”). If your credit card is a VISA or MasterCard and the number or expiration date for your credit card changes for any reason (for instance, you get a new number because your old card expired, was stolen, etc.), that updated information may be automatically passed on from your credit card issuer to Balanstone, and if we do receive such information, it will be treated by Balanstone as if it were originally furnished by you. To learn more about this service being provided by your credit card issuer, please contact them directly.
You must promptly notify Balanstone (as set forth below) if any information related to your credit card changes is no longer valid or of any other change to the information you provided Balanstone regarding your credit card (including, but not limited to, changes to your billing address or other pertinent contact information). Absent such notification, Balanstone will assume that all of the information related to your credit card remains valid and will submit to the card processor all information that it requires for approval, both when you initially subscribe and, if applicable, upon the commencement of any renewal of that subscription. If any subscription fees or other charges billed to your credit card are declined for any reason, Balanstone shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all costs (including attorneys’ fees) incurred by Balanstone in collecting any unpaid subscription fees or other charges from you.
If you bought your subscription through Balanstone, you may cancel your subscription by submitting cancellation request to notify Balanstone. Balanstone will not process cancellations submitted via email.
If you cancel your subscription during your free trial period, you will not be responsible for the payment of a subscription fee. However, except as otherwise provided herein, if you cancel your subscription at any time after your trial period expires, your membership will continue in effect until the ending date of your paid subscription and then terminate on that date. For members with the subscription cycle of more than 6 months, remaining charges will be refunded, prorated on a monthly basis, to your credit card after your membership is terminated.
Balanstone may immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of this User Agreement; or (ii) your use of or access to the paid service or the service violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing the paid service or any other service offered by Balanstone on the Service. None of the foregoing limits any other legal, equitable, or contractual rights available to Balanstone.
Balanstone may, in its sole discretion, choose not to renew your subscription by sending a notice of non-renewal at any time during your subscription term to the e-mail address you provided when completing your registration. You will be deemed to have received this notice, whether or not you saw it or the e-mail address provided by you continues to be valid. In the event of such a notice, your subscription will cease and will not automatically renew at the end of your then-current subscription term.
This User Agreement was last updated on January 2017.
The terms and conditions for this web site are subject to change without notice.
Copyright © 2017 All rights reserved. 2015-2017 BALANSTONE All rights reserved.
BALANSTONE, ONE Marina Park Drive
BOSTON, MA USA
Updated by The BALANSTONE Legal Team on 1/15/2017