Legal Notice – Terms of Service
THESE ARE THE TERMS GOVERNING YOUR USE OF THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THIS WEBSITE.
Welcome to the website (the “Site”) of Balance Point Divorce Funding, LLC. (“Balance Point”). This Terms of Service (this “Agreement”) sets forth the terms and conditions governing your use of this Site and your access to and use of the information, content and services offered on the Site (collectively with the Site, the “Services”). By accessing or using the Services, you agree to be legally bound by this Agreement, as it may be amended from time to time. THIS SITE IS NOT INTENDED FOR USE BY MINORS.
USE OF WEBSITE
The Site provides information about the activities of Balance Point. Statements on the Site with regard to Balance Point activities do not constitute legal advice, are provided to you for informational purposes only and are not to be used or considered as an offer or a solicitation for Services.
As a condition to your use of the Services, you will not, directly or indirectly, (a) use the Services to infringe upon the intellectual property rights of other; (b) use the Services or make any attempt to penetrate, modify or manipulate the Services to invade the privacy of any other user of the Services; (c) attempt to modify, erase or damage any information contained on the Site or any device connected to the Services; (d) reverse engineer any portion of the Services, (e) restrict or inhibit others from using the Services; (f) engage in conduct or distribute material that is harmful, obscene, otherwise illegal or objectionable, or gives rise to civil or criminal liability; (g) spoof or otherwise impersonate any individual or entity; or (h) violate or attempt to violate the security or integrity of the Services.
Balance Point reserves the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual harmful or illegal activities involving any of the Services. Balance Point reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Services, with or without notice. Balance Point reserves the right to modify this Agreement at any time by posting a notice to this Site. You should visit the Site periodically to review the current terms and conditions.
All content and materials included in the Services are protected by U.S. and international, trademarks and other intellectual property laws. The name “Balance Point Funding” is a trademark and may not be used without the express written permission of Balance Point. You may download and retain one copy of this Site solely for your own records and personal use. No commercial, resale, copying or exploitation of material from the Services is permitted without express written permission of Balance Point and any other applicable copyright owner. All rights not expressly granted hereunder are expressly reserved to Balance Point.
NO WARRANTY/LIMITATION OF LIABILITY
The Services are provided “as is” and “as available” without warranties or any kind, express, implied, or statutory, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. Balance Point does not warrant that the Services discussed on this Site, will be uninterrupted or error-free. Neither Balance Point, its affiliates or third-party service providers shall be liable for any damages or any kind arising out of your use of the Services, even if any of them have been advised of the possibility of such damages.
Under no circumstances, including, but not limited to, negligence, shall Balance Point be liable for any special or consequential damages that result from access or use of, or the inability to access the material at this Site, even if Balance Point or an authorized Balance Point representative has been advised of the possibility of such damages. Applicable law may not allow the limitation of the liability of consequential or incidental damages, so the limitation or exclusion may not apply. However, in no event shall Balance Point’s total liability for any and all damages and causes of action exceed an amount paid by you, if any, for the use of this Site.
INDEMNITY OF BALANCE POINT
You agree to indemnify and hold Balance Point, its affiliates and third-party service providers, harmless from any claim, demand, cause of action, debt, loss or liability, including reasonable attorney’s fees, to the extent that such action is based upon, arises out of, or relates to a breach of this Agreement by you or your use of the Services. This indemnity shall survive any termination of this Agreement.
CHOICE OF LAW AND FORUM
The substantive laws of the State of Nevada govern all issues arising under this Agreement and your use of the Services, without regard to principles of conflict of laws. You agree to submit to the exclusive jurisdiction of the appropriate state and federal courts in Clark County with respect to claims you may have under this Agreement.
This Agreement constitutes the entire agreement between you and Balance Point with respect to its subject matter, superseding any prior agreements between you and Balance Point relating to such subject matter. The failure of Balance Point to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of this Agreement to be invalid, all other portions of this Agreement shall still be in full force and effect.