View Only Professional Terms & Conditions

Last Updated March 5, 2012.

In accordance with the Services Agreement, they may be updated or amended from time to time.

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

View Only Professional Terms & Conditions

(Read Only Access)

This Agreement (“Agreement”) sets forth the terms and conditions that govern Advisor’s access to the account(s) of Balance Financial customer(s) that have requested that Balance Financial make such access available to Advisor for the purpose of providing financial advisory services (“Financial Advisory Services”) to such customer(s) (“Advisor Clients”).  If Advisor accesses and uses the Balance Financial bookkeeping, financial management, bill payment, or other services (“Customer Services”) on Advisor’s own behalf, instead of on behalf of a Advisor Client, such access and use will be governed by Balance Financial’s Standard Customer Terms and Conditions (the “Terms of Service”).

The effective date of this Agreement (the "Effective Date") is the date on which Advisor accepts the following terms and conditions by clicking "I agree" below.

• Balance Financial may change the Agreement, including but not limited to, imposing or increasing any fees charged to the Advisor in order to receive access to Advisor Client’s accounts (the “Fee(s)”), from time to time at its sole discretion by posting notice of the change on the Balance Financial website (located at http://www.balancefinancial.com) (the “Site”), provided that if Balance Financial makes any material changes to this Agreement, Balance Financial will also notify Advisor by sending Advisor an e-mail to the last e-mail address Advisor provided to Balance Financial in accordance with Section 17.  Any  changes to this Agreement will be effective immediately for financial advisors who enter into this Agreement after the posting of notice of such changes on the Site and will be effective thirty (30) days after posting of notice of such changes on the Site for financial advisors who entered into this Agreement prior to the posting of notice of such changes on the Site (“Existing Advisors”).  Notwithstanding the foregoing, any material changes shall be effective for Existing Advisors  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 Existing Advisors.  Balance Financial may require Existing Advisors to provide consent to the updated Agreement in a specified manner before further use of the Site on behalf of Advisor Clients is permitted.  If Advisor does not agree to any change after receiving a notice of such change, Advisor  shall stop using the Site on behalf of Advisor Clients and terminate this Agreement as described below.  Otherwise, Advisor’s continued use of the Site on behalf of Advisor Clients constitutes Advisor’s acceptance of the changes.  Please regularly check the Site to view the then-current Agreement.

1.             Account Access:   Advisor acknowledges that from time to time one or more Balance Financial customers who are also Advisor Clients  may request that Balance Financial allow Advisor to view Advisor Client’s account (“Read-only Access”).  Advisor represents and warrants that Advisor will not, and will not attempt to, exceed the scope of the Read Only Access  granted to Advisor by such Advisor Client.  In addition, Advisor agrees not to harass or interfere with any Advisor Client’s use and enjoyment of the Customer Services.

2.                   FINANCIAL SERVICES:  Advisor represents and warrants that Advisor is a financial advisor who provides Financial Services to clients on a fee-paying basis.  Balance Financial will provide Advisor with access to the accounts of Advisor Clients (“Advisor Client Account(s)”)  in accordance with Section 3.

3.                Password; Security: Balance Financial will provide Advisor a unique username and password to enable Advisor to access the Advisor Client Accounts pursuant to this Agreement.  Balance Financial reserves the right to change or update Advisor’s username and password in Balance Financial’s sole discretion from time to time.  Advisor acknowledges and agrees that only Advisor is entitled to access the Client Advisor Accounts with the username and password provided by Balance Financial.  Advisor is responsible for maintaining the confidentiality of Advisor’s username and password and of the Client Advisor Accounts, and, except as set forth below, is solely responsible for all activities that occur under that username.  Advisor agrees not to allow a third party to use Advisor’s account, username or password, or to access any Advisor Client Account, 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. 

4.             Account Information:  Advisor will not use or disclose information in any Advisor Client Account except as necessary to provide financial advisory services to such Client.  Advisor will not use such information in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages in any form, whether commercial or otherwise.   

5.              Software License.  Advisor may be required to download and use certain software provided by Balance Financial (“Software”) in order to access a Client’s account.  Advisor’s use of such Software will be governed by the terms of the license agreement that accompanies such Software (“License Agreement”) and Advisor represents and warrants that Advisor will use the Software solely in accordance with the terms of the License Agreement.

6.                     Restrictions:  The rights granted to Advisor in this Agreement are subject to the following restrictions: (a) except as expressly provided in this Agreement, Advisor shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Software, Site, and any content  or services of any of the foregoing (including any and all copies thereof)(“Balance Financial Property”) or make the Balance Financial Property available to any third party; (b) Advisor shall not access the Site in order to build a similar or competitive product or service; and (c) except as expressly stated herein, no part of the Balance Financial Property may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means.

7.                      Ownership:  All right, title, and interest, including all intellectual property rights, in and to the Balance Financial Property shall be owned and retained by Balance Financial or its suppliers.  Any rights not expressly granted by Balance Financial in this Agreement are reserved.  Advisor acknowledges that it acquires no ownership interest in the Balance Financial Property.  Balance Financial does not claim ownership rights in any content uploaded by Advisor.  For the sole purpose of enabling Balance Financial to display such content on the Services, Customer Services, or Site, Advisor grants Balance Financial a non-exclusive, royalty-free license to use, copy, distribute, and display such content.

8.                  Acceptable Materials.  Advisor agrees not to upload executable files to the Balance Financial servers, and not to access or use the Site to transmit (a) any material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization; (b) any computer viruses, worms, or any software intended to damage or alter a computer system or data; (c) any material that is unlawful, harassing, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, trade libelous, pornographic, obscene, or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (d) any material that violates any law or regulation, including without limitation the laws and regulations governing export control.

9.             Conduct of Business:  Advisor will (a) conduct business and provide financial advisory services in a manner that reflects favorably on the Balance Financial Property, goodwill, and reputation of Balance Financial; (b) conduct business and provide financial advisory services in full compliance with all applicable laws and regulations; (c) not engage in deceptive, misleading, or unethical practices; (d) not represent that it is providing services on behalf of, or affiliated with, Balance Financial; and (e) use best efforts to resolve any complaints or disputes with Advisor Clients regarding financial advisory services in a fair and timely manner.

10.                   Fees:  Each month during the Term, Advisor agrees to pay any Fee for Read Only Access to the Site in accordance with the billing terms in effect at the time such Fee is due and payable. Advisor may be asked to provide Balance Financial with valid credit card information as a condition to entering into this Agreement or arrange another mutually acceptable means for payment of such Fees.  Unless the parties have agreed to an alternate payment arrangement, Balance Financial will automatically bill Advisor’s credit card every month.  The Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Advisor is responsible for payment of all such taxes, levies or duties.  All Fees are non-refundable.  If timely payment is not received or cannot be charged to Advisor’s credit card for any reason, Balance Financial has the right to either suspend or terminate Advisor’s access to the Site.  If Balance Financial receives a cancellation notice from Advisor or a Advisor Client, Advisor will be obligated to pay the balance due on Advisor’s account.  Advisor agrees that Balance Financial may charge such unpaid fees to Advisor’s credit card or otherwise bill Advisor for such unpaid fees.

11.             Indemnification:  Advisor agrees to indemnify, defend and hold harmless Balance Financial from all claims, actions, suits, losses, damages, and expenses brought by any third party, including Advisor Clients, arising from or relating to the financial advisory services, Advisor’s acts or omissions related thereto, or Advisor’s breach of this Agreement.

12.                 Term; TERMINATION: This Agreement will continue to apply until terminated by either Advisor or Balance Financial as set forth below (the “Term”).  This Agreement may be terminated at any time by Advisor upon thirty (30) days' advance written notice to Balance Financial.  Balance Financial may at any time terminate this Agreement, or Advisor’s access to one or more Advisor Client Accounts,  if (a) Advisor has breached any provision of this Agreement (or has acted in a manner that, in Balance Financial’s reasonable judgment, shows that Advisor does not intend to, or is unable to, comply with this Agreement); (b) Balance Financial is required to do so by law (for example, where the provision of access to the Site or one or more Advisor Client Accounts to Advisor is, or becomes, unlawful); (c) the provision of access to the Site or one or more Advisor Client Accounts to Advisor by Balance Financial is, in Balance Financial’s reasonable judgment, no longer commercially viable; (d) a Advisor Client has notified Balance Financial that it no longer wants Balance Financial to provide Advisor with access to such Advisor Client’s Account, or (e) Balance Financial has elected to discontinue the Site or the Customer Services (or any part thereof).

13.          NO WARRANTY:  Except as expressly provided herein and to the maximum extent permitted by applicable law, the balance financial property is provided “as is,” and Balance Financial makes no (and hereby disclaims all) warranties, representations, or conditions, whether written, oral, express, implied or statutory, including, without limitation, any implied warranties of merchantability, title, noninfringement, or fitness for a particular purpose, relating to the balance financial property (or any portion thereof).  Balance Financial does not warrant that use of the balance financial property will be uninterrupted, or error-free, that defects will be corrected, or that the balance financial property is free of viruses or other harmful components. 

14.          LIMITATION OF LIABILITY: IN NO EVENT WILL BAlance Financial be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with THis agreemenT, even if BALANCE FINANCIAL has been advised of the possibility of such damages. BALANCE FINANCIAL’S aggregate CUMULATIVE liability arising with respect to this Agreement will NOT exceed THE GREATER OF (A) the fees paid by Advisor to Balance Financial during the twelve (12) month period immediately preceding the first event that gave rise to the claim, AND (B) FIVE HUNDRED DOLLARS ($500). 

15.              ASSIGNMENT: Advisor may not assign this Agreement without Balance Financial's prior written consent.  Any assignment in violation of this section shall be void.

16.                    BINDING EFFECT:  This Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and permitted assigns.

17.         NOTICE: For purposes of this Agreement, any notices will be sent in writing to the following respective addresses:
             For Balance Financial: P.O. Box 1648, Bellevue, WA 98009-1648;
             For Advisor:  the address provided to Balance Financial  when Advisor accepts this Agreement, which may be updated by Advisor from time to time.

18.             Business Days:  For purposes of this Agreement, Balance Financial’s business days are Monday through Friday. Holidays are not included.

19.             GOVERNING LAW: This Agreement will be governed by the laws of the State of Washington without reference to its choice of law rules. 

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

21.            SEVERABILITY: If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement 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.

22.          DISPUTES:  Advisor agrees that any claim or dispute (excluding claims for injunctive or other equitable relief) in connection with this Agreement, including any claim or dispute involving a Advisor Client, shall be subject to the dispute resolution procedures set forth in Section 25 of the Terms of Service.  Notwithstanding the foregoing Advisor irrevocably submits to the jurisdiction and venue of any court of competent jurisdiction in which an action against Balance Financial is brought by a Advisor Client.

23.          ENTIRE AGREEMENT:  This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and no statements, promises or inducements made by either party or any agent of either party that are not contained in this Agreement will be valid or binding. The failure of either party to insist upon or enforce strict performance of any provision of this Agreement will not constitute a waiver or relinquishment of such party's right to subsequently enforce such provision or any other provision of this Agreement.