Terms and Conditions for the Road Tour

THE BALANCING ACT VIEWERS CLUB MEMBERSHIP TERMS AND CONDITIONS

NO PURCHASE NECESSARY. THE BALANCING ACT VIEWERS CLUB IS A MEMBERSHIP CLUB THAT PROVIDES ACCESS TO OFFERS, DEALS AND OTHER BENEFITS NOT AVAILABLE TO NON-MEMBERS.

MEMBERSHIP:
The Balancing Act Viewers Club is a membership club that provides Members early access and Members only access to certain deals, features, services, promotions and events, and access to other Members only benefits (hereinafter "Deals"). The Club and Club membership services are owned and operated by Sponsor (as defined below). The Deals available to the Members may and are subject to changes, variations or cancellations. The current and up-to-date Deals are available at empower.thebalancingact.com/roadtour-signup ("Sponsor Site"). Deals that are offered through the Club may not be shared, transferred or assigned to any other person or entity.
ELIGIBILITY:
The Club membership is available only to legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years of age or older and have reached the age of majority in their state of residence as of the date of entry (hereinafter "Member"). Members must create and maintain on the Sponsor Site, an updated Member account with the Club, which includes a valid email address member agrees that all notices regarding the Club will be sent electronically to Member's email address that is registered with the Member account. The Club is subject to all applicable federal, state and local laws and regulations. Registration and/or participation in the Club constitutes Member's full and unconditional agreement to these membership terms and conditions, as well as the Sponsor's Terms of Use www.thebalancingact.com/about-us/terms-use and Privacy Policy www.thebalancingact.com/about-us/privacy-policy where applicable (hereinafter collectively the "Terms"), which are final and binding in all matters related to the Club and Club membership. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT SIGN UP FOR A MEMBERSHIP.
FEES:
There are no fees associated with becoming a Member of the Club.
RELEASE:
By participating in this Club, each Member accepts the conditions stated in these Terms, agrees to be bound by the decisions of Sponsor and any modifications Sponsor may make from time to time, and warrants that Member is eligible to participate in this Club. In addition, each Member, by participating in this Club, agrees to release, discharge, indemnify and hold harmless, the Sponsor, and its respective parent companies, affiliates, subsidiaries, officers, directors, employees, contractors, representatives, agents, suppliers, distributors, advertising and promotion agencies (collectively, the "Released Parties"), from and against any and all liability, loss, claim, cause of action or damage of any kind, to persons or property, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of in whole or in part, directly or indirectly, from the participation and/or membership in the Club, or any related activity.
PUBLICITY:
Except where prohibited, participation in the Club constitutes Member's consent to Sponsor's use of Member's name, likeness, photograph, voice, opinions, hometown, state and/or prize information for advertising and promotional purposes in any media or medium, worldwide, without additional payment or compensation, to the extent permitted by law.
USE OF MEMBER INFORMATION FOR MARKETING PURPOSES:
By registering for membership in this Club, Member, agrees that, unless Member otherwise opts out on the Sponsor Site, Sponsor and where applicable, Road Tour Partners (as defined below), may use Member's, physical and/or e-mail address to contact Member regarding Sponsor's programming and other offers and/or promotions that Sponsor and/or Road Tour Partners believe may interest Member.
GENERAL CONDITIONS:
These Terms are subject to change, however, any and all changes and/or decisions regarding the Terms and all other matters relating to this Club are will be posted at www.thebalancingact.com/viewersclub. Sponsor reserves the right, at its sole discretion, to modify, cancel, terminate or suspend this Club or these Terms, or any part of it, at any time in any manner. The Sponsor and Road Tour Partners assume no liability and are not responsible for, and Member hereby forever waives any rights to any claim in connection with, errors and/or ambiguity: (a) in the Club; (b) in any related advertising or promotions of the Club; and/or (c) in these Terms.
LIMITATIONS OF LIABILITY:
Sponsor and Released Parties disclaim liability and are not responsible for: (a) damage to any computer system resulting from participation in, or accessing or downloading information in connection with this Club; (b) any printing, typographical, mechanical or other error in the making of, administration of or the announcement of any Deal; (c) errors, inaccuracies, omissions, interruptions, deletions, disconnections, failures, malfunctions, defects or delays in operations, programming or transmission of information, in each case whether caused by Member or arising by way of technical or other failures or malfunctions of computer hardware, software, networks, communications devices or transmission lines associated with or utilized in the Club; (d) data corruption, theft, destruction, unauthorized intervention or access to or alteration of the registration materials; (e) electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in Member's e-mail account to receive e-mail messages; and (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Member's participation in the Club or receipt or use or misuse of any Deal. Without limiting the foregoing, Sponsor reserves the right to correct any such error.
DISPUTES:
Except where prohibited, Member agrees that: (1) any and all controversies, disputes, claims or causes of action, arising out of or in connection with this Club or any Deal, must be brought exclusively in the United States District Court for the Southern District of Florida, or other appropriate Florida state court of competent jurisdiction located in Broward County, Florida; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Club; and (3) under no circumstances will Member be permitted to obtain awards for, and Member hereby waives all rights to claim, attorney's fees, indirect, special, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased, whether foreseeable or not and whether based on negligence or otherwise. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the Member and Sponsor in connection with the Club, shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
CAUTION:
ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CLUB MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM THOSE MAKING SUCH ATTEMPTS TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR'S FAILURE TO ENFORCE ANY TERM OF THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.
ROAD TOUR PARTNERS:
Sponsor has joined forces with Southern Shows, Inc., the country's leading producer of Women's Shows, to create the "Balance Your Life" Road Tour (hereinafter "Road Tour"). The 10 city Road Tour is scheduled to lunch in February 2012. In the event that a Member registers for Club membership through the Road Tour, Member understands and agrees that any registration information received by Sponsor through the Road Tour will be shared with the marketers and sponsors of the Road Tour (herein "Road Tour Sponsors"), which shall include the following: