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11. WEB SOFTWARE AND SITE TERMS OF USE AND PRIVACY <br />POLICY. Balancing Act shall include on the Balancing Act website its privacy policy <br />("Privacy Policy") that applies to the activities of Balancing Act and the users of <br />Balancing Act, including the use of users' personal information. Client represents that it <br />has read and is familiar with the Privacy Policy and, to the extent applicable, shall govern <br />itself in accordance therewith. <br />12. INDEPENDENT CONTRACTOR. Client and Balancing Act intend at all times to be <br />independent contractors. Neither party is an employee, joint venture, agent or partner <br />of the other, nor is either party authorized to assume or create any obligations or <br />liabilities, express or implied, on behalf of or in the name of the other. The employees, <br />methods, facilities and equipment of each Party shall at all times be under the exclusive <br />direction and control of that Party. <br />13. GOVERNING LAW AND VENUE: This agreement shall be construed in accordance <br />with and governed by the laws of the State of California and any claim or lawsuit brought <br />to enforce the terms of this Agreement shall be brought in the state or federal courts <br />serving City of Santa Ana; CA. <br />14.. FULL AUTHORITY. The person agreeing to the terms and conditions of this <br />Agreement states and affirms that they have the full authority of Client to enter into and <br />execute this Agreement. <br />(Remainder of This Page Intentionally Left Blank; Signature Page Tollows.J <br />E3 <br />