Terms & Conditions

Acceptance of the Terms of UseThese terms of use are entered into by and between You and Red Balloon LLC, an Idaho limited liability company ("RedBalloon," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of http://redballoon.work/, including any content, functionality, and services offered on or through http://redballoon.work/ (the "Website"), whether as a guest or a registered user.Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found in Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with RedBalloon and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.Changes to the Terms of UseWe may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out (below) in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.Accessing the Website and Account SecurityWe reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session, which can be accomplished by closing the browser window(s) in which you are accessing the Website. If you do not exit from your account or close the browser window(s) in which the Website session is open, you will remain logged in to the Website and your session open, exposing your account to the risk of unauthorized access or breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. Refund & Payment PolicyRedBalloon's services are subscription-based and payment recurs on either a monthly or annual basis depending on the package purchased. Cancellation requests may be submitted at any time. All cancellation requests must be submitted in writing to [email protected]. Cancellations will be effective at the end of the billing cycle in which the cancellation request is received. For monthly subscribers, this means that cancellation becomes effective on the last day of the current monthly subscription period and prior to the next scheduled billing date. For annual subscribers, cancellation becomes effective at the end of the annual subscription term and on the last day prior to the next scheduled billing date. Customers that cancel their subscription will still have access to RedBalloon's services until the effective date of the cancellation. RedBalloon will consider requests for partial refunds on a case-by-case basis and only grants such requests for extraordinary reasons.Recurring Payment AuthorizationFor subscriptions that renew automatically, RedBalloon will charge your submitted payment method periodically for each subscription or billing period until the subscription is terminated. By authorizing recurring payments, you authorize RedBalloon to process such payments as either electronic debits or fund transfers, or as electronic drafts from the designated bank account (in the case of Automated Clearing House or similar debits), as charges to the designated card account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, RedBalloon or its service providers reserve the right to collect any applicable return item, rejection, or insufficient funds fee to the maximum extent permitted by applicable law and to process any such fees as an Electronic Payment or to invoice any such Customer for the amount due.Promotions; Money-Back GuaranteeCertain RedBalloon packages may, from time-to-time, be eligible to receive a promotional money-back guarantee (a "Promotion"). Any such Promotion may be offered from time-to-time in the sole discretion of RedBalloon. In the event you qualify and register for a Promotion, it will be indicated on your account at registration. If you fail to properly register for a Promotion, you will not be entitled to a Promotion. A subscriber that properly registers for a money-back guarantee Promotion will be eligible to receive the amount paid for the subscription returned to such subscriber in the event the subscriber does not receive any applications from qualified candidates within 30 days of posting a job description for which the eligible subscription relates (the "Guarantee Period"). In order to be eligible to receive the refund, the subscriber must provide written notice to [email protected] within 15 days of the end of the Guarantee Period, requesting a refund of the subscription price.Intellectual Property RightsThe Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by RedBalloon, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.As set forth in this paragraph, these Terms of Use permit you to use the Website for your personal, non-commercial use only. This means that you must not commercialize your access to the Website, such as by reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You may utilize collaboration features of the Website in accordance with their intended purpose, including without limitation forwarding applicant profiles to other team members from within the Website using the Website's native functionality.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. This means that you may not access or use the Website in a manner that is intended to make a profit, such as by selling data that you scrape from the website; selling job descriptions or resume templates you download from the website.If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by RedBalloon. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.TrademarksRedBalloon name, the terms "RED BALLOON", "FREE TO WORK", "THE RIPLINE", "THE COURAGEOUS ECONOMY", RedBalloon logo, and all related names, logos, product and service names, designs, and slogans are trademarks of RedBalloon or its affiliates or licensors. You must not use such marks without the prior written permission of RedBalloon. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.Prohibited UsesGeneral UsesThe following terms of use apply to the use of the Website by all users.You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate RedBalloon, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm RedBalloon or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use, except as permitted herein, any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, but excluding the use of such methods to collect data from the sitemap XML feed that we have made available on the Website, which is expressly permitted.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

Use by Job SeekersThe following terms of use apply to the use of the Website by job seekers.Employers may offer you the opportunity to participate in hiring activities that might be supported by the Website. You acknowledge and understand that employers select the method and manner that the Website will be used for its job openings and that the employer determines the job requirements and specific needs of its hiring efforts. YOU UNDERSTAND AND AGREE THAT EMPLOYER IS RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING ITS EMPLOYMENT AND HIRING PRACTICES, INCLUDING WITHOUT LIMITATION TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED ("TITLE VII"), THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967, AS AMENDED, THE AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDED, AND THE CIVIL RIGHTS ACT OF 1991, AS AMENDED, AND THAT EMPLOYER INDEMNIFIES REDBALLOON AGAINST ANY AND ALL CLAIMS ARISING FROM EMPLOYER'S USE OF THE WEBSITE OR SIMILAR PRODUCTS. REDBALLOON DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT EMPLOYER'S USE OF THE WEBSITE COMPLIES WITH TITLE VII OR ANY SIMILAR LAW. RedBalloon is not an employment agency. RedBalloon does not make any hiring decisions on behalf of employers.Use by EmployersThe following terms of use apply to the use of the Website by employers.RedBalloon Employer PledgeThe use of this Website as an employer is subject to the RedBalloon Employer Pledge. Employers are required to affirmatively agree to the RedBalloon Employer Pledge at the time of account creation.By using the Website as an employer or by clicking to accept or agree to the Employer Pledge when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and the Employer Pledge, found at https://www.redballoon.work/employer-pledge/, incorporated herein by reference.The RedBalloon Employer Pledge is grounded in the belief that America was founded on the core principles of individual freedom and the personal responsibility necessary to maintain that freedom. These central ideas are critical for ensuring that businesses, bosses, and employees have the autonomy to innovate effectively and receive the deep satisfaction that comes from work well done. Politics have gradually crept into America's labor market, slowing everyone down and sapping the joy out of work. We believe that America can return to a joyful, hard-working labor market if employers like you take a stand and uphold this commitment:

By using the Website in your capacity of an employer, you agree to respect employees' constitutional rights and provide a positive workplace where merit and achievement are honored

Job Posting Guidelines for EmployersBy using the Website as an Employer, you agree to the following:

All job postings will be for legitimate and actual job opportunities (e.g., no advertisements disguised as a job opportunity, no illegal pyramid schemes, etc.)
If you are uncertain whether your business or job posting can meet our pledge, please contact our Customer Support team ([email protected]).

To help employers ensure the job postings meet RedBalloon's requirements, here are some additional detailed guidelines for Employers:

Job postings should clearly communicate the necessary details regarding the job position. This means:
- Postings should be properly categorized by job type and pay structure (e.g., commission only, salary, hourly, etc.). For example, if the employer is paying a base wage and the employee will also receive tips or bonuses, that is categorized as "Salary/Hourly". By way of another example, if the compensation only includes commissions, that is categorized in the "Commission Only" category.
- Job titles should only include the name of the job, not descriptors of the job or phrases. By way of example, an appropriate job title would be "Sales Agent", but "Patriot Sales Agent Work From Home" is not an appropriate job title.
- Job titles should not be in all caps or include symbols. Job seekers repeatedly flag these kinds of titles as spam.
- Job descriptions must clearly communicate the day-to-day job duties expected of the position. Our research confirms that job seekers find vague posts misleading which negatively affects application rates.
Employers should avoid spam tactics.
Job postings may not solicit services or include an advertisement unrelated to the available job position.
Employers are allowed one job posting per open position. Specifically, this means:
- An Employer should not post identical job postings in different locations if the position is work from home or remote. Instead, the Employer is encouraged to post one universal posting for the position (if remote). Our algorithm will allow job seekers to search for these in any location search.
- Positions that are remote or can be performed from home should be marked remote and location listed at their company headquarters or more broadly "United States".
- If a company has two business locations, and they are hiring a receptionist at both locations, they may have one posting for each receptionist per location.
- Employers may post an evergreen position, if, for example, you are always hiring software engineers. However, this must be reflective of an actual open position and the posting should be taken down if, for any reason, you can no longer hire for the position.
All job postings are subject to our review and approval process. We retain the right to remove any job posting for any reason. In our sole and absolute discretion, we may work with an employer to attempt to revise any job posting so that it meets these guidelines and our policies and expectations.

We offer consultations to employers to create the best job posting and can also create job postings for an employer. Please contact [email protected] to learn more about these services and for current pricing.IndemnificationBy using the Website as an employer, you agree to indemnify, defend and hold harmless RedBalloon, its agents, affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to: (a) your violation of any term of this Agreement; (b) your use of, and access to, the Website or any RedBalloon product, program, or service; (c) your loss of, or disclosure of, information gained from using the Website or any RedBalloon product, program, or service; (d) your violation of any applicable laws or regulations, including but not limited to Title VII, the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws (this includes any claims that RedBalloon as your agent violated any such laws); (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) your actions as an employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or job seeker; or (h) the activities of any third-party service providers you engage to assist you with activities related to your use of RedBalloon products and services. This defense and indemnification obligation will survive this Agreement and your use of the Website or any RedBalloon product, program, or service.User ContributionsThe Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.For the avoidance of doubt, "User Contributions" include job postings created by Employers and profiles, resumes and other personal information provided by Job Seekers. The provisions of these Terms of Use that apply to User Contributions apply to these materials as well.All User Contributions must comply with the Content Standards set out in these Terms of Use.Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not RedBalloon, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.Monitoring and Enforcement; TerminationWe have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for RedBalloon.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS REDBALLOON AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.Content StandardsThese content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright InfringementIf you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement at [email protected]. It is the policy of RedBalloon to terminate the user accounts of repeat infringers.Reliance on Information PostedThe information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by RedBalloon, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of RedBalloon. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.Changes to the WebsiteWe may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.Information About You and Your Visits to the WebsiteAll information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.Other Terms and ConditionsAdditional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.Linking to the Website and Social Media FeaturesYou may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you (but establishing links from social media accounts that are owned by you is permitted).
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage, job postings and profile URLs.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.We may disable all or any social media features and any links at any time without notice in our discretion.Links from the WebsiteIf the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.Geographic RestrictionsThe owner of the Website is based in the State of Idaho in the United States. We provide this Website for use only by persons located in the United States and Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States and Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.Privacy PolicyJob Seeker personal data will be available to Employers visiting RedBalloon.work. Personal data includes a Name, an email Address, a Home Address, and a Telephone Number. Personal data provided by the user may be used by RedBalloon.work to notify the user of any news, and or promotional offers relating only to the RedBalloon.work website. The user can unsubscribe from these notifications at any time. RedBalloon.work will not disclose user personal data to any third party.Sharing of Personal InformationWe do not share, sell, or disclose your personal information to third parties without your explicit consent, except where required by law. Your information is kept confidential and used solely for the purposes you have agreed to.Opting Out of Text MessagesYou have the right to opt out of receiving text messages from RedBalloon at any time. To opt out, you can reply "STOP" to any text message you receive from us.Consent and Opt-InBy providing your phone number and opting in to receive text messages, you consent to the collection and use of your personal information as described in this policy. We ensure that your consent is obtained explicitly, and you are informed about the types of messages you will receive.Disclaimer of WarrantiesYou understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER REDBALLOON NOR ANY PERSON ASSOCIATED WITH REDBALLOON MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER REDBALLOON NOR ANYONE ASSOCIATED WITH REDBALLOON REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.TO THE FULLEST EXTENT PROVIDED BY LAW, REDBALLOON HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.Limitation on LiabilityTO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL REDBALLOON, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.IndemnificationYou agree to defend, indemnify, and hold harmless RedBalloon, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.Governing Law and JurisdictionAll matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Idaho without giving effect to any choice or conflict of law provision or rule (whether of the State of Idaho or any other jurisdiction).Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Idaho, in each case located in the City of Boise and County of Ada, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.ArbitrationAt Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Idaho state law.Limitation on Time to File ClaimsANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.Waiver and SeverabilityNo waiver by RedBalloon of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RedBalloon to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.Entire AgreementThe Terms of Use, and our Privacy Policy and Terms of Sale, and all documents or policies incorporated therein by reference constitute the sole and entire agreement between you and RedBalloon regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.Your Comments and ConcernsThis website is operated by Red Balloon LLC, an Idaho limited liability company.All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].