Terms of Use and Privacy Policy
Last Modified January 22, 2024
- #Section Name
- 1.General
- 2.Provision of Services
- 3.Your Account
- 4.Use of Website Content
- 5.Use Restrictions
- 6.Payment and Billing
- 7.Privacy Generally
- 8.Children
- 9.Intellectual Property
- 10.Suspension and Termination; Voluntary Account Closure
- 11.Security of Information
- 12.Third-Party Sites
- 13.Disclaimer
- 14.Limitation of Liability
- 15.Indemnification
- 16.Disputes; Governing Law
- 17.Entire Agreement
- 18.Waiver and Severability
- 19.Your Rights Under US State Laws
- 20.Comments and Concerns
The below terms and conditions govern your access to and use of Bloomster.com, any Bloomster-branded mobile applicable and related applications, each including any content, functionality, and services offered on or through the same (collectively, and with any replacements thereof, the “Website”). The Website, along with any services and functionalities offered through the Website may collectively be referred to as “Services” herein.
USERS UNDER 13: If you are under the age of 13 and located within the United States, you may not use the Website unless your parent or other legal guardian consents to your use of the Website. Outside of the United States, the Website is offered and available only to users who are at least 18 years old, or the legal age of majority under applicable law, and you agree not to use or access the Website if you are not of such legal age of majority.
Within this policy, “you” or “User” means a user of the Website, and “we”, “us”, “our” or “Balanced Tech” refers to Balanced Tech Inc., a Delaware corporation.
By using the Website, or by clicking to accept or agree to this Policy when this option is made available to you, you accept and agree to be bound by and to abide by these terms (the “Policy”). If you do not want to agree to this Policy at any time, you must not continue to access or use the Website.
1. General.
We may revise and update this Policy from time to time in our sole discretion. All changes are effective immediately when we post them, or if required by law, when we provide notice to you of such changes. Such changes apply to all access to and use of the Website thereafter, and your continued use of the Website means that you accept and agree to the changes. You are also subject to any additional posted policies and rules related to specific Services and features which may be presented to you at the time of accessing and/or using such Services or features. All such policies are incorporated by reference into this policy and made part of this policy.
2. Provision of Services.
We reserve the right to withdraw or amend the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to some or all Users. We will send any notices and messages to you via the email address you provide to us when creating an Account on the Website, and you agree to keep your contact information up to date.
3. Your Account.
- 3.1. Users are required to make an account to use certain Services we offer (each, an “Account”). Without an Account, you may be able to view our homepage and general information about our Website and Services.
- 3.2. Users of the Website include both a parent/guardian who creates an Account for purposes of granting a student (including a child) access to the educational content on the Website, and also includes Users who create an Account for personal use of the Services.
- 3.3. All Users must provide true, accurate, current, and complete information when creating an Account, and all Users agree to promptly update Account information in the event it changes. You are solely responsible for maintaining the confidentiality of any password you choose; you should not provide your Account information to any other person. Your Account may be used only by you personally, or a child of whom you are the parent or legal guardian; in the latter case, you are responsible for monitoring your child’s use of the Website. You are fully responsible for all activities that occur under Account. You agree to immediately notify us of any unauthorized use of your password or Account or any other breach of security, and you agree to log out of your Account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with this section. You may terminate your use of the Services at any time by logging into your Account and terminating your Account when such option is made available to you; otherwise, you may contact us at the email address set forth in this policy to terminate your Account.
4. Use of Website Content.
- 4.1. Certain content on the Website may be considered sensitive by certain individuals. Certain content may in certain circumstances be contrary to the personal views (whether political, religious, or other societal views) of a User. Parents and guardians who create an Account on behalf of their child bear the sole responsibility of reviewing all educational content, including all learning modules, in advance of allowing your child to access such modules. We recommend that you accompany a child through the learning modules. You hereby waive any claims against Balanced Tech related to, and hold Balanced Tech harmless from, any claims, losses, or other liability related to the content of the modules. You agree not to publicly make any disparaging or derogatory statements, either orally or in writing, regarding the specific content of the educational classes or modules, where disparaging or derogatory statements include, but are not limited to, any statement that may reasonably be considered to be detrimental to Balanced Tech. If you do not agree at any point with the views or educational materials presented on the Website, your option and sole remedy is to cease use of the Website and terminate your Account.
- 4.2. You agree and acknowledge that the materials provided on the Website are not intended to be a substitute for any formal education, nor does the use of the Website satisfy any relevant government requirements related to required education. The Website offers educational and instructive games, intended only to be supplemental to a child or student’s overall education. Balanced Tech does not represent or warrant that any specific outcomes will occur from a student’s use of the Website. You acknowledge and agree that information we may obtain regarding an individual’s use of the Website does not constitute student education records.
5. Use Restrictions.
All Users agree to comply with all applicable local, state, national, and international laws and regulations in your use of the Website. Users shall not (i) use the Services in any manner that damages, disables, overburdens, or impairs any of Balanced Tech’s websites or the Services or interferes with any other party's use of the Services, or in any other manner that is unlawful or prohibited by this policy; (ii) create an Account for anyone other than yourself or use a false identity to obtain an Account, log into an account on the Services other than your Account, or give or allow anyone else access to your Account, except as specifically contemplated herein; (iii) Access data of a third party through the Services not intended for you, or attempt to gain unauthorized access to the Services; or (iv) lease, distribute, license, transfer, sell, or otherwise commercially exploit the Services or your access to the same.
6. Payment and Billing.
- 6.1. Certain Services are made available to Users free of charge. However, if you access any Services for which require payment, as presented to you prior to the use of such Services, you agree to pay Balanced Tech the amounts presented to you should you decide to access such Services. All payments for the Services are final and non-refundable. If you agree to a recurring payment, and save a payment method to your Account, you hereby consent to Balanced Tech charging that payment method without any further consent from you, pursuant to the terms of the recurring payment as presented to you (unless and until you terminate your Account). We may use a third-party payment processor for payments. Such payment processor may have separate terms of use or service, and such third-party payment processor’s terms of use are as set forth by such third-party on their platforms.
- 6.2. Free Trial Period.
- A. The duration of the free trial period is specified during the sign-up process.
- B. The free trial ends when either (a) the free trial period concludes or (b) you purchase a subscription, whichever comes first.
- 6.3. Upgrades.
- A. You can upgrade to a higher-tier subscription plan at any time.
- B. Upgrades may result in changes to pricing, features, or terms.
- C. We will provide information on any pricing adjustments.
- 6.4. Downgrades.
- A. You can downgrade to a lower-tier subscription plan at any time.
- B. Downgrades will take effect at the end of the current billing period.
- C. Downgrades may result in changes to pricing, features, or terms.
- D. We will provide information on any pricing adjustments.
- 6.5. Cancellations.
- A. You can cancel your subscription at any time.
- B. Cancellations will take effect at the end of the current billing period.
- C. No refunds will be provided for partial billing periods.
- 6.6. Any fees we may charge are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state). If we are obliged to collect or pay taxes, the taxes will be invoiced to you. If you believe a charge is incorrect, you must contact us in writing within 30 days of the charge date containing the amount in question to be eligible to receive an adjustment or credit. You are responsible to reimburse us for any costs of collection of amounts due hereunder, including attorney’s fees and court costs.
- 6.7. All references to a “chargeback” refer to a reversal of a credit/debit card charge. There is no reason for a chargeback to ever be filed. If you feel that you have been incorrectly charged, or that your credit/debit card was used fraudulently in connection with the Services, reach out to us immediately. You agree to repay Balanced Tech all costs and expenses incurred as a result of any chargeback you file.
7. Privacy Generally.
7.1. Information We Collect. We may collect certain information from you described in the categories below (collectively, “Information”):-
- A. Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked to, a particular person or household, such as your name, email address, date of birth, the date of birth of a student on whose behalf you made an Account, and your address (collectively “Personal Information”);
B. Information which is about you but is not capable of identifying an individual or household, such as the grade a student is in, the interests of a student, and related information; and
C. Information regarding how the Services are accessed and used by you, including but not limited to your access times, browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, content you have accessed or seen, the time spent on certain learning modules, answers to any quiz-like questions presented via the learning modules, and other similar data (collectively, “Usage Data”).
We collect Information directly from you when you provide it to us through the use of any of our Services; automatically as you navigate through the Website and Services; and from certain third parties who we have engaged to perform services for us or who may collect such data from you subject to their own policies.
We do not attempt to collect Personal Information from any User unless that User accesses the Services through an Account. However, if any Information is provided to us in any manner by any User, this Privacy Policy will apply to such Information. Usage Data and is collected for every User of the Website and is not intended to be capable of personally identifying you, except that we may associate such Usage Data with your unique identifier in our internal systems.
- A. Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked to, a particular person or household, such as your name, email address, date of birth, the date of birth of a student on whose behalf you made an Account, and your address (collectively “Personal Information”);
- 7.2. Cookies. Information may be obtained from you through the use of cookies. Cookies are files with a small amount of data which may include an anonymous unique identifier. We may make cookies available to give you the best online experience possible. The cookies we use do not contain personally identifiable information; however, once you choose to enter our site with personally identifiable information that information may be linked to the data stored in the cookie. You may be able to disable cookies through your web browser or via other means, but in such case, we may not be able to provide to you some of the features and functionalities otherwise available via the Website, or your Website experience may change.
- 7.3. Use of Your Information. We may use your Information in the manners set forth below.
- A. We will use your Information to operate the Website, perform or fulfill Services requested by you, deliver information to you about our products and service (including additional products and services that may be of interest to you), to improve and tailor our products and services to better fit our Users, inform you of changes to our Website or our policies, to solicit additional information from you from time to time, and to provide information about Balanced Tech’s current Services and any updated or additional Services.
B. We may use your Information to resolve disputes, troubleshoot problems, and enforce our agreements with you, including our policies, and complete any purchases you make through the Website.
C. We may use, reproduce, copy, and publish, and you hereby grant permission for us and our licensors to use, reproduce, copy, and publish Usage Data, and any other Information which has been de-identified, anonymized, and/or aggregated such that it is no longer capable of identifying you. We may use the same for any lawful purpose, including for our marketing purposes, and for continuing to develop our software through machine learning and/or artificial intelligence.
D. We may use your Information for any other specific purpose that we communicate to you upon collection of the same, and for any purpose that you approve or for which you direct us to use such Information.
- A. We will use your Information to operate the Website, perform or fulfill Services requested by you, deliver information to you about our products and service (including additional products and services that may be of interest to you), to improve and tailor our products and services to better fit our Users, inform you of changes to our Website or our policies, to solicit additional information from you from time to time, and to provide information about Balanced Tech’s current Services and any updated or additional Services.
- 7.4. Disclosure of Your Information. We may disclose and share Information with third parties as set forth below.
- A. We may share your Information with our subsidiaries and affiliates, and with contractors, service providers, and other third parties who we have engaged in order to continue to develop our Website, improve our Services, and provide the Services to you. For example, we may share your Information with IT service providers, such that they may support our IT systems, provide hosting, processing, and analyzing services with respect to information and data collected, and provide maintenance of such systems, or on the basis of other legitimate interests.
B. We will not sell your Personal Information. However, we may provide to third parties, without consideration or for certain consideration, the Usage Data, and data derived from other Information (including Personal Information), which has been de-identified, anonymized, and/or aggregated such that it is no longer capable of identifying you.
C. We may share your Information as part of a transfer or assignment if we are acquired by, sold to, or merged with another entity, or otherwise reorganized or liquidated, provided that, if in connection with such sale, merger, or other reorganization, the collection, use, or disclosure or your Information will differ from this policy, you will receive a notification of the same as provided herein above, and you may terminate your Account in your discretion.
D. We may share your Information in response to legal processes, court orders, or government or regulatory requests; to enforce other agreements with you, including for billing and collection purposes; and if we believe disclosure is necessary or appropriate to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, to verify or enforce compliance with the policies governing our sites and applicable laws or as otherwise required or permitted by law or consistent with legal requirements.
E. We may share your Information with credit card issuers and financial institutions in order to obtain payment from you, such that they may process payments and refunds, verify the absence of fraud, or assist in debt collection, in the course of the performance of a contract or on the basis of other legitimate interests.
F. We may share your Information as appropriate to protect us, other Users, and third parties if we believe that you may harm, or have harmed, the property or rights of Balanced Tech, other Users, or any other third party, to report, disclose, limit, respond to, or prevent such conduct or activity.
- A. We may share your Information with our subsidiaries and affiliates, and with contractors, service providers, and other third parties who we have engaged in order to continue to develop our Website, improve our Services, and provide the Services to you. For example, we may share your Information with IT service providers, such that they may support our IT systems, provide hosting, processing, and analyzing services with respect to information and data collected, and provide maintenance of such systems, or on the basis of other legitimate interests.
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- 7.6. Consent Revocation and Opt-Out. To the extent we rely on your consent to process any Information, you may revoke that consent at any time. If you wish to revoke such consent, or if at any time you do not wish to receive the communications stated herein from Balanced Tech, you may do so by sending your request to Balanced Tech by email at contact@bloomster.com. It may take up to ten days for the change to be fully effective. You may also be able to make these changes via your Account. Notwithstanding the foregoing, we may continuously maintain any Information that has been de-identified, anonymized, and/or aggregated such that it is no longer capable of identifying you.
8. Children.
This policy applies to every User, including children under 13 when we have received the consent of a parent or other legal guardian. We do not knowingly collect Personal Information from children under 13 unless we have the consent of the parent or other legal guardian of such child. If you become aware that a child under 13 has provided us with Personal Information without such consent, please contact us. If we become aware that a child under 13 has provided us with Personal Information without such consent, we will take steps to terminate the child’s Account and delete any Personal Information provided to us. We will not require a child to disclose more Personal Information than is reasonably necessary to access and use the Services and participate in activities offered via the Website. If you are a parent or other legal guardian who has provided consent for a child under 13 to use the Website and Services, you have the right to review your child’s collected Personal Information, request deletion of the same, and at any time refuse to allow any further collection or use of your child’s Personal Information.
9. Intellectual Property.
- 9.1. As between Balanced Tech and you, Balanced Tech owns all of the intellectual property rights related to and incorporated within the Website, including but not limited to, (i) any software code incorporated therein, and (ii) any materials presented in any educational modules, including text, pictures, videos, and related content. You agree you will not try to discover any software code of the Website, or reverse engineer any portion of the Website. You will not attempt to copy or make derivatives of the content presented in any learning module, whether for your own use outside of the Website or to provide the same to others. You agree that all of Balanced Tech’s trademarks, trade names, service marks, trade dress, and other Balanced Tech logos and brand features, and product and service names, are the property of Balanced Tech (the "Provider Marks"). You agree not to display or use in any manner the Provider Marks without prior written consent from Provider.
- 9.2. You agree that if you provide to us any comments, suggested revisions, additions, ideas, developments, or concepts, such feedback shall be the sole and exclusive property of Balanced Tech, and you will have no right, title or interest of any kind or nature therein or thereto, or in and to any results and proceeds therefrom. Except as expressly permitted by applicable law or as authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such content or the Website, in whole or in part. You agree not to access the Services by any means other than through the interface that is provided by Balanced Tech for use in accessing the Services. All rights not expressly granted herein are fully reserved by Balanced Tech.
10. Suspension and Termination; Voluntary Account Closure.
- 10.1. You agree that Balanced Tech may, without prior notice, immediately terminate, suspend, or otherwise limit your access to or use of the Services, by terminating your Account or otherwise. Cause shall include, but not be limited to: (a) breaches or violations of this policy or other guidelines which may be provided to you from time to time; (b) requests by law enforcement or other government agencies; (c) discontinuance or material modification to the Services; (d) unexpected technical or security issues or problems; (e) extended periods of inactivity; (f) engagement by you in fraudulent or illegal activities; and/or, (g) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Balanced Tech’s sole discretion and that Balanced Tech will not be liable to you or any third party for any termination of your Account or use of the Services. Upon any such termination, cancellation, and/or suspension, you are still responsible for payment of all amounts accrued and owed by you.
- 10.2. We will retain your Information for the entire time that you keep your Account open. After you close your Account, we may retain your Information: (i) for as long as necessary to comply with any legal requirement, to protect our legal interests, or otherwise pursue our legal rights and remedies; (ii) on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures; and (iii) for Information that has been de-identified, anonymized, and/or aggregated in such a manner that it is no longer capable of identifying you, indefinitely.
11. Security of Information.
We have put in place industry-standard procedures to safeguard and help prevent unauthorized access, to maintain data security, and to use correctly the Information we collect online, such as dedicated virtual private servers, a web application firewall, an encrypted database, and no third-party access to the server. Unfortunately, we cannot guarantee that 100% of the data transmissions are secure. Therefore, while we strive to protect your Personal Information, you acknowledge that: (a) there are limitations to security and privacy of the Internet that are beyond our control; (b) the security, integrity and privacy of the Personal Information exchanged between you and us cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. For any payments to Balanced Tech, we may use a third-party payment processor to better ensure the security of your payment information. Such third-party processor may have its own Terms of Use and Privacy Policy. We recommend that you review such third-party policies when making a payment to us to understand the security measures such third-party has taken regarding your payment information.
12. Third-Party Sites.
This document only addresses the use and disclosure of Information that you provide to us. Other sites accessible through our Website from time to time may have their own privacy policies and data collection, use and disclosure practices. If you are transferred to or navigate to third party sites through links or frames provided through the Services, you are cautioned to read such sites' terms and conditions and privacy policies before using such sites in order to be aware of their terms and conditions. You acknowledge that Balanced Tech is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents, products, services, or any transmissions received through such sites.
13. Disclaimer.
BALANCED TECH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, THE WEBSITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE SERVICES OR WEBSITE, OR ANY RESULTS RECEIVED THROUGH THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. BALANCED TECH SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. BALANCED TECH MAKES NO WARRANTY OF ANY KIND THAT THE WEBSITE, PROVIDER MARKS, OR OTHER INTELLECTUAL PROPERTY OF BALANCED TECH, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL: MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS; OPERATE WITHOUT INTERRUPTION OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ACHIEVE ANY INTENDED RESULT; BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES; OR BE SECURE, ACCURATE, RELIABLE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. BALANCED TECH FURTHER MAKES NO WARRANTY OF ANY KIND THAT ANY DEFECTS OR ERRORS OF THE PLATFORM WILL BE CORRECTED, OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
14. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL BALANCED TECH, INCLUDING ITS AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, DATA DELETION, DATA CORRUPTION, OR LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, INTERRUPTION OF BUSINESS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, HOWEVER ARISING. SHOULD BALANCED TECH BE FOUND LIABLE TO ANY USER UNDER ANY CLAIM OR CAUSE OF ACTION, EACH USER AGREES THAT IN ANY CASE, THE MAXIMUM AMOUNT OF DAMAGES THAT BALANCED TECH MAY BE LIABLE FOR ARISING FROM THIS AGREEMENT OR THE USE OF THE WEBSITE OR SERVICES WILL NOT EXCEED THE GREATER OF $100.00 OR TOTAL AMOUNT PAID TO BALANCED TECH DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF SUCH JURISDICTION.
15. Indemnification.
You agree to defend, indemnify, and hold harmless Balanced Tech, along with its affiliates, subsidiaries, parents, successors, assigns, officers, directors, employees, agents, and shareholders, from all liabilities, claims, demands, and expenses, including attorney's fees, made by any third party that arise from your use of the Services, your violation of this policy or the Privacy Policy, or your violation of any rights of another party. Balanced Tech reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Balanced Tech in asserting any available defenses.
16. Disputes; Governing Law.
YOU SHOULD READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
- 16.1. USERS AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND ALL USERS WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR OTHER JOINT ACTION WITH AS AGAINST BALANCED TECH ARISING FROM THE USE OF THE WEBSITE OR SERVICES PROVIDED.
- 16.2. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- 16.3. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Indiana without giving effect to the conflicts or choice of law provisions thereof. Any action or proceeding seeking to enforce any provision of, or based upon any right arising out of, this Agreement shall be brought in any court of appropriate jurisdiction in Marion County, Indiana.
17. Entire Agreement.
This Terms of Use, the Privacy Policy, and any terms referenced within such policies as being incorporated into the policies, and any other terms you may agree to as you navigate the Website, contain the entire agreement between Balanced Tech and you as a User of the Services. No other communications, whether direct or indirect, between you and Balanced Tech will, or are intended to, alter or supersede any provision of this Terms of Use or Privacy Policy.
18. Waiver and Severability.
No waiver by Balanced Tech of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Balanced Tech to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
19. Your Rights Under US State Laws.
- 19.1. In the United States, depending on your state of residence, and subject to certain exceptions, you may have some or all of the following rights:
- A. Right to Know: The right to request that we disclose to you the Personal Information we collect, use, or disclose, and to access the same.
- B. Right to Request Correction: The right to request that we correct inaccurate Personal Information that we maintain about you.
- C. Right to Request Deletion: The right to request that we delete Personal Information that we have collected from or about you. (Please note that you may not be able to maintain an Account through the Website without our retention of certain Personal Information.)
- D. Right to Portability: The right to obtain a copy of your Personal Information that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller.
- E. Right to Opt Out: The right to opt out of the processing of your Personal Information for purposes of targeted advertising and profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
- 19.2. To submit a request to exercise your rights set forth in this section, and as applicable, to appeal a consumer rights action, you may use contact@bloomster.com, or your Account if such option is made available to you. We may require that you verify your identify to respond to your request. If you are entitled to a substantive response, we will deliver the requested information to you within 45 days (or will inform you that an extension of such timeframe is necessary). You may make a request up to twice during a 12-month period. We will not discriminate against you for exercising your rights pursuant to applicable state laws.
20. Comments and Concerns.
We welcome our Users to reach out with any questions on this policy by using the following contact email: contact@bloomster.com.