Terms of Use

Effective Date: May 30, 2024

1. Acceptance of Terms

By accessing and using the website balancingactlms.com (the “Site”), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these terms, please do not use the Site.

2. Changes to Terms

We reserve the right to modify these Terms of Use at any time. Any changes will be effective immediately upon posting to the Site. Your continued use of the Site after any changes constitutes your acceptance of the new terms.

3. Use of the Site

Eligibility: You must be at least 13 years old to use this Site. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement.

User Account: To access certain features of the Site, you may need to create an account. You agree to provide accurate and complete information and to keep this information up-to-date. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

Therapy Disclaimer
The content and services provided on the Site are intended for educational and informational purposes only. They are not a substitute for professional therapy or counseling. The information on this website does not constitute medical, psychological, or professional advice.

Prohibited Conduct: You agree not to:

  • Use the Site for any illegal purpose.
  • Post or transmit any material that is abusive, defamatory, obscene, or otherwise objectionable.
  • Violate or attempt to violate the security of the Site.
  • Use any automated means to access the Site.

4. Intellectual Property

All content on the Site, including text, graphics, logos, images, and software, is the property of Balancing Act LMS or its content suppliers and is protected by international copyright laws. Unauthorized use of the content may violate copyright, trademark, and other laws.

5. Disclaimers and Limitation of Liability

Disclaimer of Warranties: The Site is provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the operation or availability of the Site, or the information, content, or materials included on the Site.

Limitation of Liability: NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED ​​THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

Indemnity

If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.

6. Third-Party Links

The Site may contain links to third-party websites. These links are provided for your convenience only. We do not endorse the content of these third-party sites and are not responsible for their content or practices. You access any third-party sites at your own risk.

7. Termination

We reserve the right to terminate your access to the Site at any time, without notice, for any reason, including but not limited to breach of these Terms of Use.

8. Governing Law

These Terms of Use and any disputes arising out of or related to the Site shall be governed by and construed in accordance with the laws of Texas, without regard to its conflict of law principles.

9. Billing
If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. You’re responsible for all applicable taxes, and we’ll charge tax when required. 

10. Contact Information

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

Balancing Act LMS
Email: Kimberly@balancingactlms.com