Terms of Service

Last updated: February 8, 2023

Balanced Card Sorts owns and operates www.balancedcardsorts.com and its related pages (the “Website”). 

PLEASE READ THESE TERMS OF SERVICE (“TERMS” OR “TERMS OF SERVICE”) CAREFULLY.  THIS DOCUMENT CONTAINS IMPORTANT INFORMATION CONCERNING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.   BY ACCESSING AND/OR USING THE WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY YOU SHOULD NOT ACCESS OR USE THE WEBSITE.

As used in this Terms of Service, the terms “we, “our,” and “us” refers to Balanced Card Sorts.  The terms “you” and “your” used in these Terms refer to you as the user or viewer of the Website.

Your Agreement With Us

This document governs your relationship with the Website.  Access to and use of the Website is subject to the terms, conditions and notices in these Terms, as well as any other documents that you may be required to review and agree to before accessing services that can be signed up for and/or received on or through the Website.  By using the Website, you are agreeing to these Terms, which we may update from time to time.  We may notify you of the changes by posting the modified Terms on the Website.  You should check this page regularly to see if any changes have been made to the Terms.  Your continued access and/or use of the Website following changes to the Terms will be considered acceptance of the revised Terms.  You may not amend the Terms.

 Privacy Policy

We are committed to safeguarding the privacy of information you provide to us.  Please carefully read our full Privacy Policy.  By providing information to us you warrant that all such information is accurate.

Website “Dos” and “Don’ts”

As a condition to access and use the Website you agree to strictly observe and adhere to the following Dos and DON’Ts:

1. DO:

• Provide accurate and complete information when providing information through the Website.
• Flag or otherwise alert us to uses of the Website that violate these Terms.
• Comply with all applicable laws.
• Carefully read any documents that you are asked to review before indicating your agreement to them.

1. DON’T:

• Misuse the Website.
• Transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, or in breach of confidence or in any way offensive or obscene.
• Hack into any aspect of the Website.
• Corrupt data.
• Violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights.  This would include, but is not limited to, causing copyrighted material to be placed on the Website without the express permission of the copyright owner or other legal right to do so.
• Send any unsolicited advertising or promotional material, commonly referred to as “spam”.
• Take any action on or through the Website that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law.
• Allow any third parties to participate in any services signed up for and/or received on or through the Website.

We will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate these Terms.

Violations of the Agreement and Termination

We reserve the right, at our sole discretion, to immediately and without notice or cause modify, suspend, or terminate these Terms.  Following any termination or expiration, you will have no further right to access or use the Website, but the terms of these Terms of Service will continue to apply to any obligations incurred or arising prior to its termination.

If we, in our sole discretion, determine that you have breached these Terms, we will take actions to protect the Website, and/or any of our users, including but not limited to discontinuing your access to the Website; notifying your e-mail address (to the extent you have provided it to us); and/or notifying and/or sending content to and/or fully cooperating with the proper law enforcement authorities for further action.

Your Rights

On the condition that you comply with all your obligations under these Terms, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable personal license and right to access and use the Website.  Any other use of the Website contrary to our mission and purpose is strictly prohibited and a violation of these Terms.  We reserve all rights not expressly granted in these Terms.

You also agree that we or our licensors and/or licensees retain all rights in and to the Website and any elements and/or components of the same, including but not limited to its design, layout, look, appearance, and graphics.   You agree that the Website and its various elements/components are protected by copyright, trademark, and other intellectual property laws.

Intellectual Property, Software and Content

All of the content elements displayed and/or downloadable on the Website, including photographic images, illustrations, graphic images, text, captions, video, audio-visual files, digital files, reports and software (collectively, the “Content”), and all of the features of the Website, including its designs, trade dress, logos, pages, audio and/or video material, text, data, information, software, data compilations, digital downloads, icons, html code, xml code and products, assessments or services obtained from the Website (together with the Content, collectively, the “Site Elements”) is the exclusive property of Balanced Card Sorts or our licensors.  The Site Elements are protected by national and international laws, including copyright, trademark, trade dress and other intellectual property laws.  Any Content accessed or downloaded by you (whether or not such access or download was authorized) transfers no right, title or interest in or to such Content or any intellectual property rights therein.  All right, title and interest in and to such Content shall remain the exclusive property of Balanced Card Sorts and/or our licensors.  No Content may be used, copied, displayed, transmitted or otherwise exploited via any means except as expressly permitted herein.  Balanced Card Sorts hereby expressly reserves all rights in relation to the Website and Site Elements not expressly granted herein. You may not archive or retain any Content without the express prior written consent of Balanced Card Sorts. 

Your use of any of the Balanced Card Sorts digital or hard-copy products, card sorts and/or assessments that you purchase through the Site shall be governed by these terms and the licensing agreement you must sign and agree to when purchasing the digital or hard-copy products, card sorts and/or assessments.  To the extent that the licensing agreement and these terms conflict in any way, the licensing agreement shall control.

Release and Limitation of Liability

YOU HEREBY RELEASE BALANCED CARD SORTS AND ITS AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, VOLUNTEERS, ATTORNEYS, AND THEIR PREDECESSORS, SUCCESSORS, HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS (“RELEASEES”), FROM ALL CLAIMS, DAMANGES, COMPLAINTS, CAUSES OF ACTION, SUITS, DEMANDS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) OF ANY NATURE WHATSOEVER, BOTH AT LAW AND IN EQUITY, EXCEPT THOSE CLAIMS THAT MAY NOT BE RELEASED OR WAIVED BY LAW, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE. YOU ALSO AGREE THAT IN NO EVENT SHALL BALANCED CARD SORTS OR OTHER RELEASEES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR ANY KIND, WHETHER FORSEEABLE OR NOT, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE USE, INABILITY TO USE, OR THE MALFUNCTION OF THE WEBSITE OR ANY OF THE INFORMATION AND/OR CONTENT CONTAINED ON THE WEBSITE.

Indemnification

You agree to defend, indemnify, and hold harmless Balanced Card Sorts and its affiliates, officers, directors, volunteers, and employees, from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning your use of the Website; breach of these Terms or violation of applicable law by you or any other user of the Website using the same with your consent; your information on the Website, including any claim involving alleged infringement or misappropriation of your information through the use, development, design, production, advertising, or marketing of your information; or a dispute between you and another user of the Website.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, BALANCED CARD SORTS DOES NOT WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR THAT THE WEBSITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.  IF YOUR USE OF THE WEBSITE OR ITS CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, BALANCED CARD SORTS IS NOT RESPONSIBLE FOR THOSE COSTS.  THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  BALANCED CARD SORTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.  BALANCED CARD SORTS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENTS, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BALANCED CARD SORTS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY BALANCED CARD SORTS WEBSITE AND/SERVICE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND/OR THEIR CONTENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BALANCED CARD SORTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  You must not establish a link from any website that is not owned by you.  The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.  We reserve the right to withdraw linking permission.

Links to Third-Party Sites

The Website may contain links or references to other websites.  Balanced Card Sorts does not have control over third-party websites or their content and is not responsible for, and does not assume responsibility for, the privacy practices or the content of any third-party websites linked to the Website.  Such linked sites are for your convenience only.  You access them at your own risk.  That another website is linked to this Website does not constitute an endorsement by Balanced Card Sorts of the owner of the other site, the content of the site, or its products or services.  Balanced Card Sorts assumes no responsibility for information or services provided by any of the sites to which the Website contains links.  We encourage you to review any third-party website’s terms of use and privacy policy as those documents and the rules contained therein (and not Balanced Card Sorts’ Terms of Use or Privacy Policy) are applicable to your use of those sites and any information they may collect.

Promotions

Any promotions (collectively, “Promotions”) that we may offer from time to time are governed by additional terms and rules outside of these Terms.  Consequently, if you decide to participate in any Promotions, you should review the applicable terms and rules.  If the terms and rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Purchases

We work with third party service providers to facilitate and process payments, and so do not collect or store any of your payment data.  How your payment information is handled is addressed in more detail in our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to, product or service availability, errors in the description or price of the product or service, error(s) in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.  You understand and agree that if you authorize a payment transaction with your credit card, debit card, or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

Trademarks

The logo, name, and all graphics on the Website are trademarks of Balanced Card Sorts or its affiliates.  Use, reproduction, copying, or redistribution of trademarks, without the written permission of Balanced Card Sorts or its affiliates is prohibited.  All other trademarks or servicemarks appearing on the Website are the marks of their respective owners.

Minors

The Website is not intended for use by children under 13 years of age.  Any child under 13 years of age must have his or her parent’s permission to use the Website.  Additional restrictions may apply to the use of some or all of our services described on our Website for users who are over the age of 13 as well.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting us at: info@balancedcardsorts.com

Please also contact us if you have any questions about these Terms, or if you become aware of any misuse of the Website by anyone.

With respect to complaints related to copyrights, Balanced Card Sorts respects the intellectual property rights of others.  If you are a copyright owner and you believe your intellectual property has been improperly posted or distributed via the Website, please notify us by sending an email to info@balancedcardsorts.com or by sending a notice by U.S. Mail to: 62 Portland Rd., #44, Kennebunk, ME 04043.  In your email or letter, you will need to include all of the notice elements listed in the DMCA at 17 U.S.C. Section 512(c)(3).  Please be aware that the DMCA makes copyright owners liable if they materially misrepresent that a user’s content is infringing.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Communications Consent

You, on your own behalf and on behalf of any users under the age of 18 that you sign up to receive services through the Websites, acknowledge, understand, and agree that we may communicate directly with the recipient of services via electronic mail, messaging applications, or other similar electronic communications media.

Miscellaneous

Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.

Information on the Websites

The information contained on our Website is provided for informational purposes only.  It is not intended to, and should not, be relied on as professional advice. 

Refunds

Our refund policy is as follows:

• Buyer can return or exchange unused hard-copy products only (digital products cannot be returned or refunded)
• Buyer must return item within 30 days of delivery
• Buyer is responsible for return shipping costs
• Buyer is responsible for loss in value (as agreed upon with Balanced Card Sorts) if an item isn't returned in original condition

Parental Controls

Pursuant to 47 U.S.C. Section 230(d) we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the website NetParents at http://www.netparents.org/parentstips/browsers.html.

Governing Law and Forum for Legal Disputes          

These Terms or any claim, cause of action, or dispute arising out of or related to these Terms shall be governed by the laws of the State of Maine regardless of where you access the Website, and notwithstanding any conflicts of laws principles.  All claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in Cumberland County, Maine, except as otherwise agreed by us and you. You also agree that regardless of any statute or law to the contrary, any claim or cause of action against Balanced Card Sorts arising out of or related to the Website or the use of the Website, must be filed within one year after such claim or cause of action arose and must be filed in a court in Maine.

Effective Date

These Terms of Use are effective as of February 8, 2023

Balanced Card Sorts reserves the right to change, modify, or otherwise alter these Terms of Use at its sole discretion at any time.

Contact Us

If you have any questions about these Terms, please contact us at:

info@balancedcardsorts.com