Terms and Conditions
These Terms and Conditions of Use (“Terms”) apply to visitors to www.balancell.com (the “Site”) operated by Balancell and our affiliates (“Balancell”, “We”, “Our”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE, which may, at any time, be revised and updated. You are therefore encouraged to periodically visit this page to review the most current Terms, to which you agree to be bound. The information and materials provided on the Site may be used for informational purposes only. By using, accessing, or downloading materials from the Site you agree to follow these Terms. If you do not agree to these Terms, do not use the Site.
The information and materials on this Site may be used only for personal, non-commercial purposes. No other use of the information or materials is authorised, unless in connection with the support of a Balancell product or service. As a condition of use, you must retain all copyright and other proprietary notices, without alteration, as set forth in the original materials or any copies thereof. Any violation of the foregoing may result in civil and/or criminal liabilities.
Ownership of Information and Materials
Balancell own the rights in the contents of our Site. This includes names, brands, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, copyright and other elements constituting the Site (collectively “Content”). Content is protected by copyrights and other intellectual property rights owned and controlled by us, by our affiliates, or our third party licensors. Except as specifically provided herein or elsewhere on the Site, any unauthorised use of the Content or any other information and materials (including but not limited to white papers, press releases, data sheets, product descriptions and FAQ’s) found on this Site may violate copyright, trademark, and other laws. All such information and materials are the copyrighted works of Balancell.
Links to Other Web sites
Not all products or services mentioned on this Site may be available in your country. Please contact your local sales representative for products and services available in your country.
Export Control, Restricted Use Rights, and Applicable Law Access to this Site are governed by all applicable federal, state and local laws. All information and materials available on the Site are subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
All Balancell products and publications are commercial in nature and provided with “Restricted Rights.”
We endeavour to post on the Site only information that is correct, but you should understand that the Site is free of charge. Accordingly, even if anything on the Site is incorrect, incomplete or misleading (even if as a result of our negligence) we will not be responsible for any loss that may result thereof. This includes any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on our Site.
We are not liable for failure to comply with these Terms due to any event beyond our reasonable control.
IMPORTANT: WE MAY NOT BE ALLOWED TO EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD, OR FOR ANY OTHER LIABILITY WHICH MAY NOT BY APPLICABLE LAW BE EXCLUDED OR LIMITED AND WE DO NOT DO SO.
We strive to provide you with useful, accurate, and timely information on this Site. Although Balancell makes no commitment to update the information or materials on this Site (which may be out of date), Balancell does attempt to provide visitors with accurate information and materials. Balancell may change the content of any information or materials available at this Site, or to the products described in them, at any time without notice; Balancell therefore assumes no responsibility for the accuracy and completeness of any information or materials found on this site.
You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms because they will be binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site. Information and opinions expressed in bulletin boards or other forums, if any, are not necessarily those of Balancell. Neither Balancell, nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss or damage (including without limitation actual, consequential, or punitive), liability, claim or other injury or cause related to or resulting from any information posted on Balancell’s Site. Balancell reserves the right to revise these Terms at any time.
ALL INFORMATION AND MATERIALS AVAILABLE AT THIS SITE ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SELLIGENT DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THOSE RELATING TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM STATUTE, A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
You must only use the Site and anything available from the Site for lawful purposes, and you must comply with all applicable laws, statutes and regulations, and any agreement between you and Balancell.
Balancell accepts no obligation to monitor the use of the Site. However, we reserve the right to disclose any information as required by law and/or to remove, refuse to post, or to edit any information or materials, to block your access, and to take such other action as may be reasonably necessary to prevent any breach of these Terms or of applicable law or regulation. Balancell will, in its absolute discretion, fully cooperate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
Termination of Use
Balancell may, in its sole discretion, terminate or suspend your access to all or part of the Balancell Site, including, but not limited to any bulletin boards thereon, for any reason, including without limitation, breach of these Terms. The restrictions herein regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities shall survive any such termination.
Governing Law; Jurisdiction and Venue
To the fullest extent permitted by law, these Terms for the Site shall be governed by and construed in accordance with the laws of England and Wales. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a court in this jurisdiction.
If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and Balancell concerning your use of the site.
If any provision of these Terms is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed herefrom and the remaining provisions of the Terms shall remain in force.
We may delay enforcing our rights under these Terms without losing them.
No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.
If you have questions regarding these Terms, please email: firstname.lastname@example.org