2. Modifications to Terms
3. Modifications to the Site
We reserve the right to modify the Site or to change or discontinue any of the services offered on the Site with or without notice to you. We shall not be liable to you or to any third party should we exercise our right to modify the Site or to change or discontinue our service offerings. If you object to any change to the Site or our services, your sole recourse will be to discontinue using the Site. Your continued use of any modified service on the Site will indicate your assent to such changes.
4. Restricted Activities
You agree not to use the Site to (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Site or services or networks connected to the Site or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. You agree not to use the Site, to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by Sheer Balance in its sole discretion.
Without our written consent, you may not (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site, use of the Site, or access to the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Site or monitor or copy our Web pages or the content contained thereon; (iv) deep link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
5. Your Content
6. Third-Party Services
7. Services Provided by Co-Branding Partners
We may terminate your use of the Site without prior notice for any reason, at our sole discretion, including without limitation, if we believe that you have violated these Terms. You may discontinue your access to the Site at any time.
9. Medical Disclaimer
All information on the Site is of a general nature and is furnished for educational purposes only. No information contained on the Site or in any e-mail sent to you by Sheer Balance (“Sheer Balance Content”) is to be taken as medical or other health advice pertaining to any individual’s specific health or medical condition. Although we make an effort to provide quality information to you, Sheer Balance disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any Sheer Balance Content. The Sheer Balance Content is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding your health and is not intended to provide specific medical advice. It remains your responsibility to evaluate the accuracy, completeness, and usefulness of all Sheer Balance Content.
Sheer Balance is not engaged in rendering medical or professional services. The Sheer Balance Content is not a substitute for the diagnosis and advice of your healthcare professional, and the Sheer Balance Content must not be used in place of such diagnosis and advice. Do not delay seeking the diagnosis and advice of your healthcare professional because of anything you may have read or interpreted in the Sheer Balance Content. Consult your health care professional before practicing any recommendations or acting on any Sheer Balance Content. The Sheer Balance Content is not to be interpreted as advocating the self-management of your medical condition(s) or those of your family.
YOU ACKNOWLEDGE THAT SHEER BALANCE IS NOT ENGAGED IN THE PRACTICE OF MEDICINE, AND THAT ALL DECISIONS MADE USING THE SHEER BALANCE CONTENT WILL BE THE EXCLUSIVE RESPONSIBILITY OF YOU AND YOUR PHYSICIAN. SHEER BALANCE, INC., EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE SHEER BALANCE CONTENT. You agree, at your expense, to indemnify and hold Sheer Balance harmless from any and all losses, liabilities, or damages resulting from any and all claims, causes of action, suits, proceedings, or demands against Sheer Balance arising from or related to decisions or recommendations you make using the Sheer Balance Content.
10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHEER BALANCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NONINFRINGEMENT WITH RESPECT TO THE SITE OR THE SHEER BALANCE CONTENT.
SHEER BALANCE MAKES NO WARRANTY THAT THE SERVICES PROVIDED ON THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES SHEER BALANCE MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE SHEER BALANCE CONTENT OR THAT DEFECTS IN THE SITE OR THE SHEER BALANCE CONTENT WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
11. Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SHEER BALANCE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, PARTNERS, AGENTS, ADVISORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SHEER BALANCE CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. The aggregate liability of Sheer Balance to you for all claims arising from or related to the Site or the Sheer Balance Content is limited to the lesser of the fees paid by you to Sheer Balance for services provided on the Site or fifty dollars ($50).
12. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless Sheer Balance and its partners, employees, advisors, officers, directors, consultants, agents, and affiliates from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (1) your Content and any information you submit, post, or transmit through our Site; (2) your use of the Site or the Sheer Balance Content; (3) your violation of these Terms; (4) your violation of any rights of any other person or entity; or (5) any viruses, Trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Site.
14. Intellectual Property
Sheer Balance grants to you a nonexclusive right and license to reproduce the Sheer Balance Content for your personal use only. Except for the limited license granted to you in this Section 14, nothing contained on the Site, in the Sheer Balance Content, or in these Terms shall be construed to grant any property rights, by license or otherwise, to any invention or any Sheer Balance patent, copyright, trademark, or other intellectual property rights.
Sheer Balance® is a trademarks of Sheer Balance, Inc. All images, text, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Site constitute trade dress and are the property of Sheer Balance, Inc. Any use of such trademarks, service marks, registered or pending, and/or trade dress without the prior written consent of Sheer Balance, Inc., is expressly forbidden. Any other trademarks or service marks appearing anywhere on this site are the property of their respective owners.
The Site, the Sheer Balance Content, and all images, text, databases, software, code, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Site are the exclusive property of Sheer Balance, Inc., and its licensors and are protected by U.S. and international copyright laws. The Sheer Balance Content and any other content on the Site may be used for informational purposes only. Any other use of the Sheer Balance Content or such other content on the Site without the prior written consent of Sheer Balance, Inc., is expressly forbidden. The reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication, or any commercial exploitation of the content of the Site or the Sheer Balance Content is expressly prohibited without the prior written consent of Sheer Balance.
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our Site has designated an agent to receive notices of claims of copyright infringement. Please contact us here: www.sheerbalance.com/site-info/contact-us/
We reserve the right to terminate access to our sites of any user who infringes the proprietary rights of any third party.
You may not make, have made, use, sell, offer for sale, or import any invention protected by a Sheer Balance patent without Sheer Balance’s prior written consent.
15. Dispute Resolution
Any claim, dispute, or controversy arising out of the Terms, the services provided on the Site, or the Sheer Balance Content (“Claims”) shall be resolved by final and binding arbitration before a single arbitrator (“Arbitrator”) selected from and administered by the American Arbitration Association in accordance with its applicable rules. The arbitration hearing shall be held in Cambridge, Massachusetts. The prevailing party shall be entitled to reimbursement from the other party of its reasonable attorney’s fees, costs, and disbursements arising out of the arbitration. Either you or Sheer Balance may seek interim or preliminary injunctive relief from a court of competent jurisdiction in Cambridge, Massachusetts, as necessary to protect the rights or property of you or Sheer Balance pending the completion of any arbitration proceeding.
The Terms constitute the entire and exclusive and final statement of the agreement between you and Sheer Balance with respect to the subject matter hereof, and govern your use of the Site, superseding any prior agreements or negotiations between you and Sheer Balance with respect to the subject matter hereof. The Terms and the relationship between you and Sheer Balance shall be governed by the laws of the State of California, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state.
Sheer Balance’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by either a court of competent jurisdiction or the Arbitrator, you and Sheer Balance nevertheless agree that the court or the Arbitrator should endeavor to give effect to your and Sheer Balance’s intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. Sections 5 through 16 shall survive any expiration or termination of the Terms.