Consumer Terms & Conditions

In accordance with the Terms and Conditions, they may be updated or amended from time to time.

Be sure to check back regularly to learn about any updates. 

Standard Customer Terms & Conditions

PLEASE READ THESE CUSTOMER STANDARD TERMS AND CONDITIONS VERY CAREFULLY BEFORE REGISTERING AS A CUSTOMER.  THESE CUSTOMER STANDARD TERMS AND CONDITIONS ARE AN IMPORTANT PART OF YOUR AGREEMENT WITH BALANCE FINANCIAL.

These Standard Customer Terms and Conditions (“Terms”) are incorporated into and constitute a material part of the Customer Agreement (the "Agreement") between you (the "Customer") and Balance Financial (“Balance Financial”).  Capitalized terms shall be defined as set forth within these Terms. 

By registering for an account with Balance Financial, Customer agrees to these Terms and the Balance Financial Privacy Policy, which is incorporated herein by reference.  Customer may not use the Services, or accept these Terms, if (a) Customer is not of legal age to form a binding contract with Balance Financial; (b) Customer is prohibited by law from receiving or using the Services; or (c) Customer does not have a valid Payment Account with a U.S. financial institution. The effective date of these Terms (the "Effective Date") is the date on which Customer accepts the following terms and conditions by clicking "I agree" below.

Balance Financial may change the Terms, including but not limited to, increasing Fees and changing the general fee structure, from time to time at its sole discretion by posting notice of the change on the Balance Financial website (located at http://www.balancefin.com) (the “Site”), provided that if Balance Financial makes any material changes, Balance Financial will also notify Customer by sending Customer an e-mail to the last e-mail address Customer provided to Balance Financial in accordance with Section 22.  Any changes to these Terms will be effective immediately for new users of the Services and will be effective thirty (30) days after posting of notice of such changes on the Site for existing users, provided that any material changes shall be effective for existing users upon the earlier of thirty (30) calendar days following posting of notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to Customer.  Balance Financial may require Customer to provide consent to the updated Terms in a specified manner before further use of the Services is permitted.  If Customer does not agree to any change after receiving a notice of such change, Customer shall stop using the Services and terminate this Agreement as described below.  Otherwise, Customer’s continued use of the Services constitutes Customer’s acceptance of the changes.  Please regularly check the Site to view the then-current Terms.

1.                   Access by Providers: Customer may grant one or more service providers who provide financial services for Customer (each, a “Provider”) with access to Customer’s account with Balance Financial by authorizing such access in Customer’s account preferences.  Customer may select whether a Provider is granted full rights to view, modify and manage Customer’s account (“Full Access”) or solely the right to view Customer’s account (“Read-only Access”).  For each Provider granted Full Access or Read-only Access, Customer consents to the sharing by Balance Financial of Customer’s account information, including categorization reports, Payment Account information and Bills, with such Providers.  For each Provider granted Full Access, Customer authorizes (1) such Provider to act as Customer’s agent to modify Customer’s account information, make requests related to Customer’s account and issue instructions regarding Customer’s account (including but not limited to directing that all correspondence from Balance Financial to Customer be sent only to such Provider); and (2) Balance Financial to respond to such Provider’s requests related to Customer’s account and follow such Provider’s instructions regarding Customer’s account.  Customer agrees and acknowledges that Balance Financial is not responsible for the acts or omissions of any Provider or for following any instructions provided by Providers to which Customer has granted Full Access.  Except for any fees which Balance Financial may charge a Provider for access to customer accounts, Customer agrees that Customer is responsible for all charges associated with Provider’s use of Customer’s account and Customer agrees to reimburse Balance Financial for such charges in accordance with these Terms.  Customer may, at any time, notify Balance Financial in writing that it wishes to terminate a Provider’s access to Customer’s account, and Balance Financial will terminate such access within five (5) business days after receipt of such notice.  Balance Financial reserves the right to terminate a Provider’s access to Customer’s account at any time if (a) Provider has breached any provision of the Professional Financial Services Agreement with Balance Financial (or has acted in a manner that, in Balance Financial’s reasonable judgment, shows that Provider does not intend to, or is unable to, comply with that agreement); (b) Balance Financial is required to do so by law (for example, where the provision of access to the Site or to Customer’s account is, or becomes, unlawful; or (c) these Terms have been terminated by either party pursuant to Section 5.

2.                   Password; Security: Balance Financial will provide Customer a unique username and password to enable Customer to access the Services pursuant to this Agreement.  Balance Financial reserves the right to change or update Customer’s username and password in Balance Financial’s sole discretion from time to time.  Customer acknowledges and agrees that only Customer is entitled to access the Services with the username and password provided by Balance Financial.  Customer is responsible for maintaining the confidentiality of Customer’s username and password, and, except as set forth below, is solely responsible for all activities that occur under that username.  Customer agrees not to allow a third party to use Customer’s account, username or password at any time.  Balance Financial reserves the right to terminate any username and password, which Balance Financial reasonably determines may have been used by an unauthorized third party. 

Customer shall inform Balance Financial immediately if Customer believes that Customer’s username and password have been stolen.  Provided that Customer notifies Balance Financial within four (4) business days after Customer discovers the theft of Customer’s username and password, Customer will not be liable for more than fifty dollars ($50) if a third party used Customer’s username and password without Customer’s permission.  If Customer does NOT notify Balance Financial within four (4) business days after Customer learns of the theft of Customer’s username and password, and Balance Financial can prove Balance Financial could have stopped a third party from using Customer’s username and password without Customer’s permission if Customer had told Balance Financial, Customer’s maximum liability will be $500.

3.                   DESCRIPTION OF SERVICES; START DATE FOR SERVICES: Balance Financial will provide the bookkeeping, daily financial management, debt management and other services (the "Services") for the standard service level package selected by Customer, as described on the Site (each, a “Service Level Package”) or for a customized service level package as requested by Customer and accepted by Balance Financial (a “Custom Service Level Package”). Balance Financial will begin providing the Services on the date that Customer delivers to Balance Financial all materials and information required to provide the Services, including but not limited to bills, payee information and account information for the accounts with U.S. financial institutions from which payments will be made (“Payment Accounts”).  Notwithstanding Customer's failure to provide the required information to Balance Financial in a timely manner, Customer will still be responsible for payment of all applicable Fees to Balance Financial.

4.                   MONTHLY FEES; OTHER SERVICE FEES:  The applicable monthly fees for Service Level Packages and fees for other standard services requested by Customer (“Fees”) will be billed in accordance with Balance Financial’s then current fee schedule as posted on the Site (the “Fee Schedule”).  The applicable Fee for a Custom Service Level Package shall be as agreed to by Customer and Balance Financial, and can only be changed by Balance Financial on sixty (60) days prior written notice to Customer.   Each month during the Term, the monthly Fee for Services and any other applicable Fees or charges will be calculated and billed in advance to Customer.  Customer authorizes Balance Financial to automatically deduct such Fees from the Payment Accounts.    All Fees are exclusive of all taxes, levies or duties imposed by taxing authorities (“Taxes”), and Customer shall be responsible for payment of all such Taxes, excluding only United States taxes based solely on Balance Financial’s income.  The Customer’s Service Level Package or Custom Service Level Package specifies the allotted number of bills that Balance Financial will pay on behalf of Customer each month (each, a “Bill”) without additional fees.  For each additional Bill that Customer requests Balance Financial to pay, Customer will be charged an additional monthly Fee as set forth in the Fee Schedule.  Customer may also contact Balance Financial and request a change to the Customer's Service Level Package or Custom Service Level Package, provided that such change shall be effective for Services performed by Balance Financial in the calendar month immediately following the month in which such change is requested, and in the case of a change to a Custom Service level Package, is agreed to by Balance Financial.    

5.                   Term; TERMINATION: These Terms will continue to apply until terminated by either Customer or Balance Financial as set forth below (the “Term”).  The Services may be terminated at any time by Customer upon thirty (30) days' advance written notice to Balance Financial. Balance Financial may at any time terminate the Services if (a) Customer has breached any provision of these Terms (or has acted in a manner that, in Balance Financial’s reasonable judgment, shows that Customer does not intend to, or is unable to, comply with these Terms); (b) Balance Financial is required to do so by law (for example, where the provision of the Site or Services to Customer is, or becomes, unlawful); (c) the provision of the Services to Customer by Balance Financial is, in Balance Financial’s reasonable judgment, no longer commercially viable; or (d) Balance Financial has elected to discontinue the Site or the Services (or any part thereof).

6.                   CREDIT CARD AND BANK ACCOUNT CATEGORIZATION: If the Service Level Package selected by Customer or the Custom Service Level Package includes assigning categories to the transactions associated with Customer’s credit card and bank accounts and providing services and reports related to such categorization, Customer will establish and provide to Balance Financial, for each credit card or bank account that Customer desires to categorize, online user name, password and other information necessary to communicate with the financial institution’s server. Upon request and subject to any applicable Fees set forth in the Fee Schedule, Balance Financial will assist Customer in establishing online user names and passwords for such accounts.  For each account Customer adds to the Services, Customer hereby authorizes Balance Financial to act as Customer’s agent to access the financial institution, retrieve information, and process any requests or instructions Customer makes through the Services.  

7.                   Payment accounts: If the Service Level Package or Custom Service Level Package includes bill paying services, Customer will provide Balance Financial with information regarding Customer’s Payment Accounts.  As a part of setting up Customer’s account with Balance Financial, Customer may also establish certain rules and requirements (the “Customer Payment Parameters”) for payments to be made by Balance Financial on Customer’s behalf (e.g., Customer may specify that if any Bill exceeds a certain amount, Balance Financial will notify Customer instead of paying the Bill).  Customer hereby authorizes Balance Financial to charge each of the Payment Accounts in order to fund payments of Bills in accordance with the Customer Payment Parameters. Balance Financial will make Bill payments for Customer either electronically or using such other form of funds transfer that Balance Financial may choose to employ.  Customer agrees to maintain a balance in the Payment Accounts that is sufficient to fund all Bill payments by Balance Financial in accordance with the Customer Payment Parameters as each Bill payment is made. Customer represents and warrants that Customer has the right to authorize Balance Financial to charge the Payment Accounts for all Bill payments made by Balance Financial in accordance with the Customer Payment Parameters, and Customer will indemnify and hold Balance Financial harmless from any claims by any owner of any Payment Account. Customer also agrees that Balance Financial is not responsible for any overdraft or insufficient fund situation or charge (including, but not limited to, finance charges, late fees or similar charges) caused by Customer’s failure to maintain a balance in the Payment Accounts that is sufficient to fund all Bill payments in accordance with the Customer Payment Parameters as each Bill payment is made. Customer further agrees that Balance Financial may charge a service fee for any returned payment, including, but not limited to, returns resulting from insufficient funds in a Payment Account, the fact that a Payment Account is closed, or because Customer provided incorrect account or routing information to Balance Financial. Customer agrees to promptly notify Balance Financial in writing of any changes to any Payment Account information.

8.                   receipt of billing statements by balance financial: Customer is responsible for ensuring that each billing statement associated with a Bill is received by Balance Financial.  Without limiting the generality of the foregoing, at Customer’s request and subject to any applicable fees set forth in the Fee Schedule, Balance Financial can assist Customer with updating the billing address for Customer’s Bills, in which case Customer authorizes Balance Financial to change the billing address of any Bills designated by Customer.  Customer acknowledges that Balance Financial may require Customer to sign an agreement that grants Balance Financial power of attorney for the limited purpose of updating Customer’s billing information.  Customer further acknowledges that, despite a valid power of attorney, certain payees may not allow Balance Financial to change the billing address on behalf of Customer and that, notwithstanding any assistance Balance Financial may provide, Customer will remain responsible for ensuring that each billing statement associated with a Bill is received by Balance Financial.

9.                   BILL PRESENTMENT:  It is Customer’s sole responsibility to contact its payees directly if Customer does not receive its statements.  Customer authorizes Balance Financial to contact payees on its behalf and to receive Customer’s billing statements and billing data, including the right to periodically access third party payee Web sites designated by Customer (“Payee Sites”), on Customer’s behalf, to retrieve Customer’s electronic billing data (“eBills”).  Customer agrees that Balance Financial is Customer’s agent for these limited purposes.  Customer represents and warrants that it has the authority to appoint Balance Financial as its agent to receive its billing statements, to view and download its eBills, and to use its name, passwords, usernames and any other information Customer provides to Balance Financial for purposes of providing the Services to Customer.  Customer agrees that Balance Financial may use and store this information on its servers.  Customer is responsible for all charges associated with Balance Financial’s use of any Payee Site on Customer’s behalf and Customer agrees to comply with the terms of use for the Payee Site.

The presentment of Customer’s first bill may vary from payee to payee and may take up to sixty (60) days, depending on the billing cycle of the payee.  Additionally, the ability to receive a paper copy of Customer’s statement(s) is at the sole discretion of the payee.

The payee has the right to cancel the presentment of its electronic bills at any time.  Customer may cancel electronic bill presentment at any time.  The timeframe for cancellation of Customer’s bill presentment may vary from payee to payee.  It may take up to sixty (60) days, depending on the billing cycle of the biller.  Balance Financial will notify Customer’s payee(s) as to the change in status of Customer’s account and it is Customer’s sole responsibility to make arrangements for an alternative bill delivery.  Balance Financial will not be responsible for presenting any bills that are already in process at the time of termination of the Services or these Terms.

10.                RETURN OF BILLS PAID; REPORTS; STATEMENTS: Each month, Balance Financial will mail, or make electronic copies available to Customer, via secure website, all Bills paid, categorization reports, and a statement of all account activity and transactions. These reports and statements will reflect activity and transactions for the prior month.  

11.               Mail: Customer authorizes Balance Financial to open all mail addressed to Customer received at the mailing address for Bills designated by Balance Financial.  All first class mail may be opened and all Bills will be processed for review and potential payment by Balance Financial. Balance Financial will retain each Bill for one (1) calendar month after the month in which it is paid, at which point the Bills may be discarded or destroyed by Balance Financial.  All other materials and other classes of mail will be either forwarded to Customer at Customer’s expense or discarded, in Balance Financial’s sole discretion.  Balance Financial will not be liable to Customer for discarding or destruction of mail in accordance with this section.  

12.               Prohibited Payments; Restricted Payments: Customer may not use the Services to make payments from Payment Accounts located outside the United States or to payees located outside of the United States or its territories.  Tax payments, escrow payments and court ordered payments (each, an “Exception Payment”) may be scheduled through the Services; however Exception Payments are discouraged and Balance Financial disclaims all liability for any claims or damages resulting from Customer’s scheduling of Exception Payments. Balance Financial will have no obligation to reimburse Customer for any late payment related charges associated with Exception Payments processed by the Services. Balance Financial has no obligation to research or resolve any claim resulting from an Exception Payment and all research and resolution for any misapplied, mis-posted or misdirected Exception Payments will be the sole responsibility of Customer and not of Balance Financial.

13.               REMITTANCE OF PAYMENTS TO PAYEES:  Balance Financial reserves the right ,  but not the obligation, to change the address of a payee to whom Balance Financial sends payments in accordance with these Terms, without notifying Customer, in the following situations:

(a)          the information returned by Balance Financial’s address cleansing process determines the format of the address does not comply with the USPS standards;

(b)          Balance Financial has determined that the address provided is not a valid address for the payee;

(c)           the payee has closed the address, and provided Balance Financial (via the USPS) with the new address;

(d)          Balance Financial has established a relationship with the payee to send payments to a different address than the one provided on the statement.

In all cases, Balance Financial will attempt to act in a way to expedite the proper posting of Customer’s payment.

14.               BILL PAYMENTS BY BALANCE FINANCIAL: Subject to Balance Financial’s right to refuse to make a payment in accordance with this section, Balance Financial will make on-time payment of each Bill that is received by Balance Financial at least ten (10) business days prior to the applicable due date, provided, however, that Balance Financial will have no liability for its failure to complete or delay in completing any payment arising from any of the following circumstances:

1. Customer’s Payment Account is closed;
2. Customer’s Payment Account does not contain sufficient funds to complete the payment or the charge is rejected or returned by Customer’s bank or financial institution;
3. The payee rejects or returns the payment for any reason;
4. The payee mishandles or delays handling or posting any payment sent by Balance Financial;
5. The billing address for the Bill does not match the address used by Balance Financial to receive Bills;
6. The payment is an Exception Payment;
7. Customer has provided Balance Financial with incorrect information about the payee that Customer wishes to pay, including but not limited to, the payee’s address for receipt of payments and Customer’s account number with the payee;
8. Customer  cancels a Bill payment pursuant to Section 15 or stops any payment in accordance with the provisions of Section 16 below;
9. Circumstances beyond Balance Financial’s control (for example, fire, flood, interference from an outside source, postal delays) prevent or delay the payment from being completed.

Subject to Section 12, Balance Financial will be responsible for any late payment fees and related charges up to fifty dollar ($50.00) maximum in the event that the payment of such Bill by Balance Financial posts after the applicable due date, provided, that Customer provides Balance Financial with written documentation of such fees and charges reasonably acceptable to Balance Financial.

Customer acknowledges that payees and/or the United States Postal Service may return payments made using the Services for various reasons such as, but not limited to, payee's forwarding address expired; Customer’s account number is not valid; payee is unable to locate Customer’s account; or Customer’s account with payee is paid in full.  Balance Financial will use commercially reasonable efforts to research and correct the returned payment and return it to Customer’s payee, or void the payment and credit the Payment Accounts.  Balance Financial will provide Customer with prompt notice of any returned payments.  In using the Services, Customer is requesting Balance Financial to make payments of Bills for Customer from the Payment Accounts.  If Balance Financial is unable to complete the transaction for any reason associated with the Payment Accounts (for example, there are insufficient funds in the Payment Accounts to cover the transaction), Customer agrees that Balance Financial is authorized to report the facts concerning the return to any credit reporting agency.

If Balance Financial pays an incorrect amount from the Payment Accounts, or if Balance Financial makes a payment from the Payment Accounts to the incorrect payee, Balance Financial shall be responsible for returning the improperly transferred funds to the Payment Accounts, making payment in the correct amount to the proper payee, and, if applicable, paying any late payment related charges to the extent described above.  If Balance Financial does not receive a Bill at least ten (10) days before the applicable due date, Customer alone is responsible for any penalties or late charges related to such payment. 

If Balance Financial duplicates a payment or processes a payment for an amount higher than the amount of the Bill (unless requested by Customer), Balance Financial will use commercially reasonable efforts to recover the overpayment from the payee. If Balance Financial recovers such overpayment, Balance Financial will return the amount of the overpayment to Customer.  Otherwise, Balance Financial will notify Customer of the overpayment and Customer will be responsible to make appropriate arrangements with the payee to receive a refund of the credit or have it applied against future balances.

Notwithstanding the foregoing, Balance Financial reserves the right to refuse to make any payment, including but not limited to, payments that Balance Financial believes to be prohibited by law or payments for which sufficient funds are not available in the applicable Payment Account.  Balance Financial may set a maximum dollar amount for payment if Balance Financial reasonably believes such limit is necessary or advisable for security reasons.  Balance Financial will promptly notify Customer of Balance Financial’s decision to limit or refuse to make any payment.  If sufficient funds are not available, a representative from Balance Financial will contact Customer to make arrangements for Customer to make funds available to Balance Financial.  If sufficient funds are not made available within three (3) business days, then Balance Financial may refuse to make such payment and return the unpaid Bill to Customer for payment by Customer, in which case Customer will be solely responsible for any finance charges, late payment fees or similar charges associated with such Bill.  Balance Financial reserves the right to suspend the Services and/or terminate this Agreement immediately (e.g., without thirty (30) days advance notice) if Customer repeatedly fails to keep sufficient funds.

 THE FOREGOING STATES BALANCE FINANCIAL’S SOLE OBLIGATION TO CUSTOMER FOR ANY FAILURES OR DELAYS IN BILL PAYMENT.  IN ADDITION, IF BALANCE FINANCIAL DOES NOT RECEIVE A BILL WITH ENOUGH TIME TO COMPLETE A PAYMENT, CUSTOMER ALONE IS RESPONSIBLE FOR ANY PENALTIES OR LATE CHARGES ON THAT PAYMENT.

15.               Payment Cancelling: Customer may cancel or edit, at no charge, any Bill payment before it has begun processing of such payment by following the directions within the Services, provided however, that, once Balance Financial has begun processing a Bill payment it cannot be canceled or edited.

16.               Stop Payments: Customer may be able to stop payment of any Bill in accordance with the policies of the financial institution that provides the Payment Account.  However, Balance Financial may charge Customer additional fees if a payment is returned or rejected because Customer has instructed the financial institution to stop payment.  

17.               Transaction DISPUTE Procedure

17.1            Notice: Customer must notify Balance Financial in writing of any incorrect or unauthorized transaction no later than ninety (90) days after Customer receives the first statement containing such transaction.  If Customer does not notify Balance Financial within ninety (90) days after the earlier of (i) the date Balance Financial sends the statement to Customer, or (ii) the date Balance Financial makes the statement available to Customer, as set forth in Section 10 (“Notice Period”), Customer will not get back any money Customer lost after the Notice Period if Balance Financial can prove that Balance Financial could have stopped a third party from taking the money if Customer had told Balance Financial in time. If a good reason (such as a long trip or a hospital stay) kept Customer from telling Balance Financial or Customer can show that a delay resulted from Customer’s initial attempt to notify the bank or other financial institution where Customer has Customer’s Payment Account, Balance Financial will extend the Notice Period for a reasonable amount of time.  Customer must provide notice containing (1) Customer’s name; (2) Customer’s Balance Financial username; (3) a description of the transaction or payment that is incorrect or unauthorized; and (4) the dollar amount that is incorrect or unauthorized. The notice may be provided by the following means:

Telephone:

Mail: Balance Financial, P.O. Box 1648, Bellevue, WA 98009-1648. 

Balance Financial may require Customer to provide written confirmation within ten (10) business days following an oral notice.

17.2            Investigation: Balance Financial will determine whether an error occurred within ten (10) business days after Balance Financial receives Customer’s notice and will correct any service error promptly. If Balance Financial needs more time, Balance Financial may take up to forty-five (45) days to investigate the error. In that case, Balance Financial will credit Customer within ten (10) business days after Balance Financial receives notice from Customer, for the amount that Customer believes is in error, provided, that, if Balance Financial requests Customer to provide confirmation of oral notice in writing and Balance Financial does not receive it within ten (10) business days following such oral notice, Balance Financial will have no obligation to credit Customer’s account.

17.3            Explanation: Balance Financial will inform Customer of the results of Balance Financial’s investigation within three (3) business days after completing the investigation.  If Balance Financial decides that there was no error, Balance Financial will mail or transmit to Customer a written explanation within three (3) business days after the completion of Balance Financial’s investigation, and within ten (10) business days after the date of such explanation, Balance Financial will debit Customer’s account of the amount, if any, previously credited to Customer for use during the time it took Balance Financial to complete the investigation. Customer may request copies of the documents used by Balance Financial in making its determination.

18.               WARRANTY

18.1            LIMITED WARRANTY: Balance Financial warrants that it will provide the Services in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Services will materially conform to Balance Financial’s then current documentation for the Services under normal use and circumstances.  If Customer notifies Balance Financial of a breach of warranty within ninety (90) days after the non-conforming services were provided hereunder, Balance Financial will reperform the nonconforming service.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, The foregoing constitutes Customer’s sole and exclusive remedy for any breach of warranty.

19.               LIMITATION OF LIABILITY: Neither party will be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with THESE TERMS, even if the party has been advised of the possibility of such damages. Further, neither party's aggregate liability arising with respect to this Agreement will exceed the fees paid by Customer to Balance Financial under THESE TERMS during the twelve (12) month period immediately preceding the first event that gave rise to the claim; provided that the foregoing will not limit Customer's liability for the non-payment of any fees due to Balance FINANCIAL UNDER THESE TERMS.

20.               ASSIGNMENT: Customer may not assign these Terms without Balance Financial's prior written consent.  Any assignment in violation of this section shall be void.

21.               BINDING EFFECT:  These Terms will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and permitted assigns.

22.               NOTICE: For purposes of these Terms, any notices will be sent in writing to the following respective addresses: For Balance Financial: P.O. Box 1648, Bellevue, WA 98009-1648; For Customer:  the address provided to Balance Financial during registration, which may be updated by Customer from time to time.

23.               Business Days: For purposes of these Terms, Balance Financial’s business days are Monday through Friday. Holidays are not included.

24.               GOVERNING LAW: These Terms will be governed by the laws of the State of Washington without reference to its choice of law rules. 

25.               DISPUTES:

25.1            MEDIATION: In the event of any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms, including any claim or dispute involving a Provider (“Dispute”), the Parties shall attempt in good faith to settle such Dispute through consultation and negotiation, in good faith and a spirit of mutual cooperation. If the parties are unable to resolve such Dispute, the party seeking relief shall submit the Dispute to mediation by providing to JAMS (“JAMS”) a written request for a one-day, non-binding mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from a JAMS panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in mediation in good faith and that they will share equally in its costs. The mediation will be treated as a settlement discussion and therefore will be confidential. Neither the parties nor the mediator shall disclose the existence, content or results of the mediation, unless otherwise agreed in writing by both parties. All offers, promises, conduct and statements, whether oral or written, made in the course of mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in mediation.

25.2            ARBITRATION: If the Dispute is not resolved through mediation, the Dispute will be resolved in a cost effective manner through confidential, final, and binding arbitration. Such arbitration shall be administered by, and under the rules of, JAMS, except to the extent such rules are in conflict with these Terms. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and (b) issue a confidential, written arbitration decision including the arbitrator’s essential findings and conclusions and a statement of the award.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of JAMS.  All aspects of the arbitration shall be treated as confidential. Neither the parties nor the arbitrators may disclose the existence, content or results of the arbitration, unless otherwise agreed by both parties in writing, except as necessary to comply with legal or regulatory requirements.  Before making any such disclosure, a party shall give written notice to the other party and shall afford the other party a reasonable opportunity to protect its interests. 

25.3            WAIVER; INJUNCTIVE RELIEF: The parties acknowledge that by agreeing to this Dispute procedure, they waive the right to resolve any such Dispute through a trial by jury, judge or administrative proceeding.  Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to prevent irreparable harm pending the resolution of any Dispute in any court of competent jurisdiction. 

26.               PRIVACY: All personal information provided to Balance Financial by Customer will be kept in accordance with the Privacy Policy.

27.               SEVERABILITY: If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

28.               ENTIRE AGREEMENT:  These Terms contain the entire agreement between the parties, and no statements, promises or inducements made by either party or any agent of either party that are not contained in these Terms will be valid or binding. The failure of either party to insist upon or enforce strict performance of any provision of these Terms will not constitute a waiver or relinquishment of such party's right to subsequently enforce such provision or any other provision of these Terms.