Balloon HQ – Membership Agreement

Feb 24, 2023

Balloon HQ – Membership Agreement

Balloon HQ, LLC will provide, at a minimum, URL and e-mail forwarding to
one URL and one e-mail address provided by each paying member for the time
period specified when the account is created. Ability to post classfied ads
and special events will also be given to all members. Other services may
be offered for no additional charge during the defined period at the
discretion of Balloon HQ, LLC.

In return for this service, the subscriber agrees to follow certain
guidelines. We expect BHQ subscribers to help maintain the reputation of
the services we offer. For that reason, we ask that content on pages we
point to from BHQ addresses abide by all copyright and other applicable
laws and that all sites directly reachable from the BHQ member directory be
family-friendly sites.

Any complaints we receive regarding the content on a member’s site will be
discussed directly with the member in question. In the event that
Balloon HQ and the member are unable to resolve the issue, membership will
be terminated.

Any unsolicited bulk email (spam) sent with a return address on Balloon HQ
will result in immediate termination of membership.

If any changes to these rules are made, all members will be notified
of the changes immediately via email.

Balloon HQ membership – terms of liability

1. Member expressly agrees that use of the member service is at member’s
sole responsibility and risk. Neither Balloon HQ, LLC, its employees,
agents, third-party information providers, merchants, licensors
or the like, warrant that the member service will be uninterrupted
or error free; nor do they make any warranty as to the results
that may be obtained from the use of the member service, or as to the
accuracy, reliability or content of any information, service, or
merchandise provided through the member service.

2. The member service is provided on an “as is,” “as available” basis
without warranties of any kind, either expressed or implied,
including, but not limited to, warranties of title or implied
warranties of merchantability or fitness for a particular
purpose, other than those warranties which are implied by and
incapable of exclusion, restriction or modification under the
laws applicable to this agreement. No oral advice or written
information given by Balloon HQ, LLC, its employees, agents,
third-party information providers, merchants, licensors or the
like, shall create a warranty; nor shall member rely on any such
information or advice.

3. Under no circumstances, including negligence, shall
Balloon HQ, LLC or anyone else involved in creating, producing
or distributing the member service be liable for
any direct, indirect, incidental, special or consequential
damages that result from the use of or inability to use the member
service including, but not limited to, reliance by a member on
any information obtained on the member service; or that result from
mistakes, omissions, interruptions, deletion of files or e-mail,
errors, defects, viruses, delays in operation, or transmission, or
any failure of performance, whether or not limited to acts of
God, communications failure, theft, destruction or
unauthorized access to Balloon HQ, LLC’s records, programs or services.
Member hereby acknowledges that this paragraph 3 shall apply
to all content, merchandise or services available through the
member service. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages,
in such states Balloon HQ, LLC’s liability is limited to the greatest
extent permitted by law.

4. Notwithstanding the foregoing, in no event shall the total
liability of Balloon HQ, LLC, or its employees, affiliates, agents,
third-party information providers, merchants or licensors, for
all damages, losses and causes of action whether in contract,
tort, including negligence, or otherwise, either jointly or
severally, exceed the aggregate dollar amount paid by member
to Balloon HQ, LLC, in the twelve (12) months prior to the claimed
injury or damage.