TERMS AND CONDITIONS

General

Both the website www.TheBalanceBetween.com and the related course portal website  members.TheBalanceBetween.com (“Site”) are owned and operated by The Balance Between,  Inc. (“COMPANY,” “we”, or “us”). By using the Site, you agree to be bound by these Terms of  Service and to use the Site in accordance with these Terms of Service and any additional terms and conditions that may apply to specific sections of the Site or to products and services available  through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or  otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.  We reserve the right to change these Terms of Service or to impose new conditions on use of the  Site, from time to time, in which case we will post the revised Terms of Service on this website. By  continuing to use the Site after we post any such changes, you accept the Terms of Service, as  modified. 

You may contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.

Intellectual Property Rights 

Our Limited License to You 

This Site and all the materials available on the Site are the property of us and/or our affiliates  or licensors, and are protected by copyright, trademark, and other intellectual property laws.  The Site is provided solely for your personal, noncommercial use. You may not use the Site  or the materials available on the Site in a manner that constitutes an infringement of our  rights or that has not been authorized by us. More specifically, unless explicitly authorized in  these Terms of Service or by the owner of the materials, you may not modify, copy,  reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit,  or distribute in any manner or medium (including by email or other electronic means) any  material from the Site. You may, however, from time to time, download and/or print one copy  of individual pages of the Site for your personal, non-commercial use, provided that you keep  intact all copyright and other proprietary notices. 

Exception specific to Thinking Maps® training provided by COMPANY: 

If you are a Participant in a Training of Trainer level course, you are certified to  use the downloadables in your Thinkng Maps® Trainer-level course as resources  to train others in Thinking Maps® with the limitation that you use your Thinking  Maps® knowledge, training expertise, and materials to train and support ONLY  teachers in your present school and/or school system. Furthermore, as a certified  Trainer, you understand and agree that you are only authorized to train and  support teachers or any school personnel who have the required materials.  

Your License to Us 

By posting or submitting any material (including, without limitation, comments, blog entries,  Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to  any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the  material, or are making your posting or submission with the express consent of the owner of the  material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text  or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free,  perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit,  sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material,  in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.  The foregoing grant shall include the right to exploit any proprietary rights in such posting or

submission, including, but not limited to, rights under copyright, trademark, service mark or patent  laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant  us, and anyone authorized by us, the right to identify you as the author of any of your postings or  submissions by name, email address or screen name, as we deem appropriate. 

You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their  successors, transferees, assignees and licensees and their respective parent and subsidiary  companies, agents, associates, officers, directors, shareholders and employees of each from and  against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal  fees and expenses, arising out of or related to your breach of any obligation, warranty,  representation or covenant set forth herein. 

Online Commerce 

Certain sections of the Site may allow you to purchase many different types of products and services  online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness,  reliability or any other aspect of these products and services. If you make a purchase from a  merchant on the Site or on a site linked to by the Site, the information obtained during your visit to  that merchant’s online store or site, and the information that you give as part of the transaction, such  as your credit card number and contact information, may be collected by both the merchant and us.  A merchant may have privacy and data collection practices that are different from ours. We have no  responsibility or liability for these independent policies. In addition, when you purchase products or  services on or through the Site, you may be subject to additional terms and conditions that  specifically apply to your purchase or use of such products or services. For more information  regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions  that may apply, visit that merchant’s website and click on its information links or contact the  merchant directly. You release us and our affiliates from any damages that you incur, and agree not  to assert any claims against us or them, arising from your purchase or use of any products or  services made available by third parties through the Site. 

Your participation, correspondence or business dealings with any third party found on or through our  Site, regarding payment and delivery of specific goods and services, and any other terms,  conditions, representations or warranties associated with such dealings, are solely between you and  such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage,  or other matters of any sort incurred as the result of such dealings. 

You agree to be financially responsible for all purchases made by you or someone acting on your  behalf through the Site. You agree to use the Site and to purchase services or products through the  Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for  speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular  product or service. You agree to only purchase goods or services for yourself or for another person  for whom you are legally permitted to do so. When making a purchase for a third party that requires  you to submit the third party’s personal information to us or a merchant, you represent that you have  obtained the express consent of such third party to provide such third party’s personal information. Your purchase, or your organization’s purchase of this content is for your personal use only. Sharing  of purchases is not permitted and will be considered unauthorized, an infringing use of our  copyrighted material, and may subject violators to liability.  

Interactive Features 

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email  services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a  condition of your use of the Site that you do not: 

  • Restrict or inhibit any other user from using and enjoying the Site.
  • Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site. 
  • Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
  • Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means. 
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
  • Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging  conduct that would constitute a criminal offense, give rise to civil liability or otherwise  violate any local, state, national or international law. 
  • Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other  proprietary right, or derivative works with respect thereto, without first obtaining  permission from the owner or rights holder. 
  • Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
  • Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
  • Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
  • Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

COMPANY may host message boards, chats and other public forums on its Sites. Any user failing to  comply with the terms and conditions of this Agreement may be expelled from and refused continued  access to, the message boards, chats or other public forums in the future. COMPANY or its  designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided  by COMPANY staff, COMPANY’s outside contributors, or by users not connected with COMPANY,  some of whom may employ anonymous user names. COMPANY expressly disclaims all  responsibility and endorsement and makes no representation as to the validity of any opinion,  advice, information or statement made or displayed in these forums by third parties, nor are we  responsible for any errors or omissions in such postings, or for hyperlinks embedded in any  messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss  or damage caused by your reliance on information obtained through these forums. The opinions  expressed in these forums are solely the opinions of the participants, and do not reflect the opinions  of COMPANY or any of its subsidiaries or affiliates.

COMPANY has no obligation whatsoever to monitor any of the content or postings on the message  boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that  we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the  right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any  reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request  and to protect ourselves, our clients, sponsors, users and visitors. 

We occasionally include access to an online community as part of our programs. We want every  single member to add value to the group. Our goal is to make your community the most valuable  community you’re a member of. Therefore, we reserve the right to remove anyone at any time. 

Registration 

To access certain features of the Site, we may ask you to provide certain demographic information  including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a  particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be  asked to register with us on the form provided and such registration may require you to provide  personally identifiable information such as your name and email address. You agree to provide true,  accurate, current and complete information about yourself as prompted by the Site’s registration  form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or  incomplete, we have the right to suspend or terminate your account and refuse any and all current or  future use of the Site (or any portion thereof). Our use of any personally identifiable information you  provide to us as part of the registration process is governed by the terms of our Privacy Policy. 

Passwords 

To use certain features of the Site, you will need a username and password, which you will receive  through the Site’s registration process. You are responsible for maintaining the confidentiality of the  password and account, and are responsible for all activities (whether by you or by others) that occur  under your password or account. You agree to notify us immediately of any unauthorized use of your  password or account or any other breach of security, and to ensure that you exit from your account  at the end of each session. We cannot and will not be liable for any loss or damage arising from your  failure to protect your password or account information. 

Limitation of Liability 

Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and  parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential  damages that result from the use of, or the inability to use, the site, including our messaging, blogs,  comments of others, books, emails, products, or services, or third-party materials, products, or  services made available through the site or by us in any way, even if we are advised beforehand of  the possibility of such damages. (Because some states do not allow the exclusion or limitation of  certain categories of damages, the above limitation may not apply to you. In such states, our liability  and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent  permitted by such state law.) You specifically acknowledge and agree that we are not liable for any  defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site, any  materials, products, or services on the site, or with any of the site’s terms and conditions, your sole  and exclusive remedy is to discontinue using the site and the products, services and/or materials. 

Acts are Not Professional Psychological or Medical Counseling 

We exist to provide educational and coaching information only. We do not offer or provide  psychological or medical advice and you are responsible for consulting psychological or medical  professionals before acting on any information provided by us. You acknowledge that we do not  guarantee any specific results or achievement of any of your goals by your participation in this  program.

Termination 

We may cancel or terminate your right to use the Site or any part of the Site at any time without  notice should you breach any terms of this agreement. In the event of cancellation or termination,  you are no longer authorized to access the part of the Site affected by such cancellation or  termination. The restrictions imposed on you with respect to material downloaded from the Site, and  the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive. 

Refund Policy 

Your purchase of a product or service or ticket to an event may or may not provide for any refund.  Each specific product, service, event or course will specify its own refund policy. If policy is not  stated, you may receive 100% refund before the course begins; 50% refund up to 30 days after the  course starts; 0% after 30 days. 

Privacy Policy 

You have provided private, personal information that may include, but is not limited to name,  address, email, phone number, and payment information. For some certifications that you may  request of us, we may require additional information such as birth date, license number, partial  Social Security number, etc. This is information we need in order to register you for courses, provide  state level certifications, secure payment, and to communicate important information related to  services. This information will only be used for the relevant purpose indicated when collecting said  information. See separate Privacy Policy for more information. 

Other 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners  who believe that material appearing on the Internet infringes their rights under the U.S. copyright  law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or  your agent may send to COMPANY a notice requesting that the material be removed or access to it  be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails  to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be  deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing  material or acts are evident. If you believe in good faith that a notice of copyright infringement has  been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All  notices and counter notices must meet the then current statutory requirements imposed by the  DMCA; see http://www.loc.gov/copyright for details. COMPANY’s Copyright Agent for notice of  claims of copyright infringement or counter notices can be reached as follows: This email address is being protected from spambots. You need JavaScript enabled to view it..  

This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective  assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights  hereunder may be assigned without the prior written consent of COMPANY. Notwithstanding the  foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to  any affiliated entity or any of its wholly owned subsidiaries. 

These Terms of Use shall be governed by and construed in accordance with the laws of the United  States of America and any dispute shall be subject to binding arbitration in the current state of  business of COMPANY in the United States of America. If any provision of this agreement shall be  unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from  this agreement and shall not affect the validity and enforceability of any remaining provisions. 

Disclaimer

This policy may be changed at any time at our discretion. If we should update this policy, we will post  the updates to this page on our Website. 

If you have any questions or concerns regarding our Terms & Conditions please direct them to:  This email address is being protected from spambots. You need JavaScript enabled to view it..

Version Date: July 14, 2020.

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