Terms of Service

IMPORTANT! THESE TERMS OF SERVICE (“TOS”) GOVERN YOUR (“YOU”) USE OF WWW.HIGHERBALANCE.COM AND WWW.HIGHERBALANCEJOURNEY.COM (COLLECTIVELY,THE “SITE”), WHICH IS PROVIDED BY HIGHER BALANCE INSTITUTE LLC, (“HBI”).  BY ACCESSING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TOS, EULA AND OUR PRIVACY POLICY THE HBI PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TOS, EULA OR OUR PRIVACY POLICY, PLEASE DO NOT USE THE SITE OR ANY SERVICES OFFERED AT THE SITE.

 

Children’s Privacy

This Site is not intended for use by children under 13 years of age.  YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THE SITE.  IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS SITE FOR ANY REASON.

 

Registration

To access this Site or use certain features of the Site, You will have to provide certain information and create a member or affiliate account (as applicable, an “Account”).  Any information You provide is subject to our PRIVACY POLICY. In addition, in order to create an Account, You must read, understand and agree to the terms and conditions of our AFFILIATE AGREEMENT.  It is a condition of Your use of the Site that all the information You provide is correct, current, and complete. If HBI believes the information You provide is not correct, current, or complete, HBI has the right to refuse You access to the Site or any of its resources, and to terminate or suspend Your access at any time, without notice.

 

Refund Policy

Please review these policies carefully as they are the terms of sale that govern your purchases from Higher Balance. They set out your rights and obligations with respect to your purchases, including important limitations and exclusions. Your placement of an order from Higher Balance constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order.

Click Here to see the Refund Policy.

 

Proprietary Information

The material and content (hereinafter referred to as the “Content”) accessible from the Site, and any other World Wide Site owned, operated, licensed, or controlled by HBI is the proprietary information of HBI or the party that provided the Content to HBI (“Owner”), and HBI or the Owner retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of HBI, or unless authorized in writing elsewhere on our site, except that You may print out a copy of the Content solely for Your personal use. In doing so, You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these TOS violates HBI's intellectual property rights. Except as expressly provided herein, nothing on the Site shall be construed as conferring any license under HBI’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise.  Notwithstanding anything herein to the contrary, HBI may revoke any of the foregoing rights and/or Your access to the Site, or any part thereof, including the blocking of Your IP Address, at any time without prior notice.

 

Restrictions On Use

You may use the Site for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any commercial purpose, without the express prior written consent of HBI. For example, You may not (and may not authorize any other party to) (i) co-brand the Site, or (ii) frame the Site, (iii) hyper-link to the Site, (iv) use any tradename, trademark, or brand name of HBI in metatags, keywords and/or hidden text, (v) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Content, in whole or in part, or modify, translate, alter or create any derivative works thereof, except as permitted above, (vi) use the Site, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to HBI, the Owner, or any third party referenced therein, or (vii) use the Content, and/or any services and products on the Site or accessible via the Site for unlawful purposes, including, without limitation, for use in connection with any unlawful telemarketing campaign or practice.  For purposes of these TOS, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with HBI in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

 

Hyper-Links

The Site may be hyper-linked to other sites which are not maintained by, or related to, HBI. Hyper-links to such sites are provided as a convenience to users and are not sponsored by or affiliated with the Site or HBI.  HBI has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and HBI makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to the Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by HBI of that site. The privacy policies and practices of any such sites are beyond the control of HBI and You should carefully review such site’s privacy policies before providing any information.

 

Submissions

You hereby grant to HBI a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to HBI through the Site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. HBI will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations or publications of HBI.


You may not post, send, submit, publish, or transmit in connection with the Site any Submission

that:

·  You do not have the right to post, including proprietary material of any third party;

·   advocates illegal activity or discusses an intent to commit an illegal act;

·   is vulgar, obscene, pornographic, or indecent;

·   does not pertain directly to the Site;

·   threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

·   seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

·   infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;

·   violates any law or may be considered to violate any law;

·   impersonates or misrepresents Your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

·   advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Site;

·   solicits funds, advertisers or sponsors;

·   includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

·   disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;

·   includes MP3 format files;

·   amounts to a 'pyramid' or similar scheme;

·   disobeys any policy or regulations established from time to time regarding use of the Site or any networks connected to the Site; or

·   contains hyper-links to other sites that contain content

·   constitutes an endorsement, review or promotion of any product or service, including those offered by HBI, in which you have an interest, with which you have any material connection, or from which you receive any direct benefit unless you fully and conspicuously disclose such interest, benefit or connection as part of such endorsement, review or promotion;

·   that falls within the descriptions set forth above.

 

Although under no obligation to do so, HBI reserves the right to monitor use of the Site to determine compliance with these TOS, as well the right to remove or refuse any information for any reason.  Notwithstanding these rights, You remain the sole owner of Your Submissions and HBI stores, transmits, or displays such Submission on its servers and networks and via its Site solely at Your direction. You acknowledge and agree that neither HBI nor any third party that provides Content to HBI will assume or have any liability for any action or inaction by HBI or such third party with respect to any Submission. 

 

Digital Millennium Copyright Act

HBI is committed to respecting and protecting the legal rights of copyright owners. As such,  HBI adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.).  If You believe any Submission or Content infringes upon Your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”).  To be valid, a DMCA Takedown Notice must (i) be provided to HBI’s designated agent, (“Copyright Agent”), as set forth  below, and (ii) include the following:

·   A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

·   Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

·   Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

·   Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;

·   A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

·   A statement that, under penalty of perjury, the information in the notification is accurate and You are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

 

HBI’s Copyright Agent to receive DMCA Takedown Notices is: , http://support.higherbalance.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Site. You acknowledge that in order for HBI to be authorized to takedown any Content, Your DMCA Takedown Notice must  

 

Privacy Policy

HBI will treat any personal information that You submit through the Site in accordance with its Privacy Policy, which is incorporated herein by reference and made a part of these TOS.

 

No Archive

Notwithstanding anything contained herein, the functionality provided to You by the Site and our systems, networks and servers are not an archive and HBI shall have no liability to You or any other person for loss, damage, or destruction of any Submission or any other information submitted to or via the Site.  You shall be solely responsible for maintaining independent archival and backup copies of any Submission and for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. HBI does not assume any responsibility or risk for Your use of the Internet.

 

Disclaimer

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HBI DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.  HBI DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HBI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HBI MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT HBI, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. HBI MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN HBI HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HBI, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.  THE INFORMATION PROVIDED ON THE SITE IS FOR CONVENIENCE ONLY AND HBI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SUBMISSIONS OR ANY HYPERLINKED SITE AND HBI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED NO ASSURANCES FROM HBI THAT YOU WILL OBTAIN ANY PARTICULAR AMOUNT OF EARNINGS AS A RESULT OF THE PROGRAMS DESCRIBED IN THIS SITE OR THAT YOU WILL RECOUP ANY EXPENDITURES INCURRED BY YOU.

 

Limitation On Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER HBI, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF HBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY EVEN IF HBI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SITE OR ITS TOS OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SITE AND ITS SERVICES.  YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST HBI AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE.  BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU.  IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HBI AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO HBI FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.  THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK.  THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. 

 

Indemnity

You will indemnify and hold HBI, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from: (i) any breach of these TOS by You, (ii) any use of Content other than as expressly authorized in these TOS, (iii) Your use of the services made available via the Site; (iv) any Submission posted or transmitted by You; (v) Your acts and omissions, and (vi) Your negligence, intentional misconduct or violation or alleged violation of any rights of a third-party.  You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from the Site. HBI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You hereunder, and in such event, You will have no further obligation to provide indemnification for such matter; provided, however, that You will use best efforts to cooperate with HBI in such defense.  To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of HBI or any of HBI’s third party suppliers of Content, and its and their affiliates, partners, subsidiaries and employees.

 

Trademarks

The “HigherBalance.com” URL, the “HigherBalanceJourney” URL and all other trademarks, service marks, and logos appearing in the Site are the property of HBI or the party that provided the trademarks, service marks, and logos to HBI. HBI and any party that provided trademarks, service marks, and logos to HBI retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in

 

Security

Any passwords used for the Site are for individual use only. You will be responsible for the security of Your password (if any). HBI will be entitled to monitor Your password and, at its discretion, require You to change it. If You use a password that HBI considers insecure, HBI will be entitled to require the password to be changed and/or terminate Your account. PLEASE NOTE THAT WHILE HBI IS NOT RESPONSIBLE FOR ANY ACTIVITY THAT TAKES PLACE USING YOUR PASSWORD YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES THAT RESULT FROM USE OF YOUR PASSWORD.

 

You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, HBI reserves the right to release Your details to system administrators at other sites in order to assist them

in resolving security incidents. HBI reserves the right to investigate suspected violations of these TOS.

 

HBI reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing HBI to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these TOS.

 

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS HBI FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HBI DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HBI OR LAW ENFORCEMENT AUTHORITIES.

 

United States Only

By using the Site, You agree and acknowledge that the Site is hosted in the United States. If You are attempting to access the Site from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through Your continued use of this Site, which is governed by U.S. law, this TOS, and the HBI Privacy Policy, You are transferring Your personal information to the United States and You consent to (i) such transfer, (ii) the application of the laws of the United States and/or the State of Idaho with respect to any dispute arising from or related to the Privacy Policy and/or Your use of the Site, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Idaho, and (iii) the exclusive jurisdiction of the courts of the United States and the State of Idaho. Any claim or dispute between You and HBI that arises in whole or in part from Your use of the Site or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Boise, Idaho, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

 

Notice

From time to time, HBI may revise these TOS.  To help You stay current of any changes, HBI takes the following two steps: (i) we note the date the TOS was last updated below and (ii) when we make a change to these TOS, we will post conspicuous announcements of such changes on the homepage of the Site for 30 days following the date the TOS was updated. Your use of the Site following the posting of any revised TOS shall be deemed acceptance of the revised TOS. We strongly recommend checking TOS periodically. We may also, at our sole discretion and with no obligation to do so, provide notices and other communications to You by email or by postings within Your Account. You will be solely responsible for keeping Your email addresses updated and HBI will not be responsible for any undelivered notices caused by Your failure to do so.

 

Miscellaneous

If any part of these TOS is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.  HBI’s failure to enforce any provision of the TOS shall not be deemed a waiver of such provision nor of the right to enforce such provision.  A printed version of the TOS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Last updated: February 19, 2010

 

 

PRIVACY POLICY

 

IMPORTANT! THIS PRIVACY POLICY (“POLICY”) DESCRIBES HOW DOTCOMSECRETS.COM, INCORPORATED (“HBI”) PROTECTS, USES AND SHARES ANY INFORMATION WHICH IS PROVIDED BY YOU AT WWW.DOTCOMSECRETS.COM AND WWW.THESECONDTIER.COM (COLLECTIVELY, THE “SITE”).   BY ACCESSING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND  AGREE TO THIS PRIVACY POLCY AND OUR TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE OR OUR PRIVACY POLICY,

 

 

Types of Information that HBI Collects

HBI collects two different types of information from You when You use the Site.   We collect certain types of personally identifiable information from You (“Personal Information”) when You register a member or affiliate account (“Account”). We also collect certain non- personally identifiable, aggregate information from visitors to our Site regardless of whether they create or sign in to an Account (“Traffic Data”).

 

Personal Information

In order to create an Account You will have to provide Personal Information that may include:

·   name

·   address

·   telephone number

·   billing information (such as a credit card number)

·   the type of personal computer being used to access the services

·   payment and tax withholding information

 

Your Personal Information is used to manage Your Account and is not shared with third parties, unless specifically stated otherwise or in special circumstances. In compliance with applicable laws, it is our policy to require only the Personal Information necessary to manage Your Account and enable You to participate in our programs (as applicable, the “Program”). HBI does not condition Your participation in any specific activity on our Site on the disclosure of more information than is reasonably necessary. 

 

Traffic Data

HBI may also use certain web technologies such as “cookies” to track Your use of our Site. Your browser may have an option that allows You to reject cookies, but doing so may limit Your use of our Site.  Usage Information is anonymous and does not personally identify You.  In addition, HBI may use web beacons or other tools to measure the effectiveness of, and otherwise manage, our online advertising.  These web beacons enable our advertising server to recognize You when You visit the Site and to determine which banner ads bring users to the Site.  HBI does not use spyware, adware or any other similarly intrusive software.  The Usage Information that HBI collects depends on how You choose to use this Site. 

 

Use of Your Information

HBI may use Your Personal Information to manage Your Account, such as responding to Your email inquiries or providing You with voluntary customer surveys to helps us to improve the types of products and services we offer to You.  In addition, HBI may use Traffic Data to deliver tailored advertisements or joint ventures. For instance, an advertiser or joint venture company tells us the audience they want to reach and provides us an advertisement tailored to the audience. Based upon the aggregated and non-identifying information we have collected, we may then display or send the advertisement to the intended audience. Additionally, HBI may share non-identifying and aggregate information (except as described above), but not Personal Information, with third parties to administer certain co-branded products or services. HBI does not share Your Personal Information with these advertisers or joint venture companies unless You have provided Your permission beforehand. In these instances, You will be notified before any such data is collected or transferred and may decide not to use that particular service or feature. Finally, HBI may take the information collected in response to customer surveys and combine (or aggregate) it with the responses of other customers to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). This aggregated, non-personally identifying information may be shared with third parties.

 

Third Party Websites

The Site may be hyper-linked to other sites which are not maintained by, or related to, HBI.  If You opt to provide information to such web sites, for example, to purchase products and services or register to receive materials, such as a newsletter, catalog or new product and service updates, please be aware that  HBI has no control over the third parties' use of any personal information You provide when placing such an order. Please exercise care when doing so and carefully review such website’s privacy policies before providing any information.  If You provide information about someone else, such as a person’s name, address, and phone number, please be aware that such provision may be prohibited by certain laws and that You, and not HBI, are solely responsible for doing so.

 

Contests

From time to time, subject to any rules provided at the Site at such time, You may be provided with the opportunity to be entered in a sweepstakes, contest, or other promotion simply by making a purchase from HBI or by providing HBI with personally identifiable information for some other reason or purpose. In such event,  HBI may have to supply personally identifiable information of the winners to the third parties such as the entity administering the sweepstakes or contest, so that they can notify the winners

 

Exclusions

HBI may disclose Personal Information for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to credit agencies, collection agencies, merchant database agencies, law enforcement, or to satisfy laws, such as the Electronic Communications Privacy Act, the Children’s Online Privacy Protection Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Terms Of Service, or other user policies; or to protect our company and our members. We may sell or buy other businesses or entities.  In such event, HBI may transfer or assign the information we have collected as part of such merger, acquisition, sale, or other change of control  In such transactions, Your Personal Information may be included in the transferred business assets.  Also, in the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, HBI may not be able to control how Your Personal Information is treated, transferred, or used and Your Personal Information may be included in the transferred assets. 

 

Information-Sharing Disclosures

Under the laws of some jurisdictions, You may be entitled to request disclosure regarding how HBI shares Your Usage Information with third parties for direct marketing purposes (“Information-Sharing Disclosure”). To the extent required by applicable law, HBI shall provide the Information-Sharing Disclosure to You upon rightful request made in writing to web@higherbalance.com and please include the phrase " Privacy Request" and Your State of residence in the subject line, the domain name of the Site You are inquiring about, along with Your name, address and email address. If You are entitled to such Information-Sharing Disclosure, HBI will

 

Our Company Commitment to Children's Privacy.

Protecting children's privacy is especially important to us. It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws.  Therefore HBI restricts our Site to persons eighteen years or older. YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS SITE FOR ANY REASON.  DUE TO THE AGE RESTRICTIONS FOR USE OF THIS SITE, NO INFORMATION OBTAINED BY THIS SITE, FALLS WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.

 

Public Forums

Please remember that any information You may disclose in any public areas of the Site becomes public information. You should exercise caution when deciding to disclose personal information in these public areas. HBI cannot and will not be liable or responsible for any disclosure of any information You publish in a public area of the Site.

 

Our Commitment to Data Security:

HBI takes reasonable precautions and has implemented reasonable technical measures intended to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of Your Personal Information, including by requiring our payment processor to comply with applicable laws and industry standards and by employing Secure Sockets Layer (SSL) encryption technology supported by most versions of Microsoft Internet Explorer, Netscape Navigator and other popular browsers.  Once Your Personal Information is received by HBI, we use commercially reasonable efforts to limit access to Your Personal Information about You to those employees and service providers whom HBI determines need access to that Personal Information to complete Your request and/or other provide offers or opportunities that may be of interest to You.  However, even after HBI receives Your Personal Information, HBI cannot guarantee that Your Personal Information may not be accessed, disclosed, altered, or destroyed as a result of a breach of our commercially reasonable efforts or as a result of any other event beyond our reasonable control.  Also, please be aware that Your email transmissions and/or other communications to HBI containing Personal Information may be unlawfully intercepted or accessed by third parties and/or this Site may be subject to hostile network attacks or administrative errors.  Accordingly, HBI cannot and does not guarantee that Your Personal Information is completely secure and safe from such risks.  FOR THE AVOIDANCE OF DOUBT, WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR PERSONAL INFORMATION, PERSONAL INFORMATION OR USAGE INFORMATION.

 

Where to Direct Questions About Our Privacy Policy

If You have any questions about this Policy or the practices described herein, You may contact us through the contact information provided on this Site.

 

Revisions to This Policy 

From time to time, HBI may revise this Policy.  To help You stay current of any changes, HBI takes the following two steps: (i) we note the date the Policy was last updated below and (ii) when we make a change to the Policy, we will post conspicuous announcements of such changes on the homepage of the Site for 30 days following the date the Policy was updated.  Your use of the Site following the posting of any revised Policy shall be deemed acceptance of the revised Policy.  We strongly recommend checking the Policy periodically.  We may also, at our sole discretion and with no obligation to do so, provide notices and other communications to You by email or by postings within Your Account.  You will be solely responsible for keeping Your email addresses updated and we will not be responsible for any undelivered notices caused by Your failure to do so.

 

Last updated: February 19, 2010