Terms of Use
Ballast Planning LLC Effective 29 July 2026 · Version 1.0
1. Who we are
This website is operated by Ballast Planning LLC, a Utah limited liability company ("Ballast," "we," "us"). You can reach us at info@ballastplanning.com.
By using this website you agree to these Terms of Use. If you do not agree, do not use the site. Section 15 contains an arbitration agreement and a class action waiver that affect how disputes between us are resolved. Please read it.
2. What the standing check is, and what it is not
The standing check is a free informational screening tool. It compares information you enter against published agency criteria and returns an indication of where your association appears to stand.
It is not a warrantability determination. Only a lender, applying its own review process to its own documentation, can determine whether a project is eligible for agency financing. The check returns one of four results: LIKELY WARRANTABLE, AT RISK, LIKELY NON WARRANTABLE, or INDETERMINATE. A result of LIKELY WARRANTABLE does not mean a lender will approve your project. A result of LIKELY NON WARRANTABLE does not mean no financing is available.
It is not legal, financial, tax, accounting, or engineering advice, and it does not create a professional relationship of any kind between you and Ballast.
It reflects the information you provide. We do not verify your inputs. Incomplete or inaccurate inputs produce an incomplete or inaccurate result.
It reflects the rules in effect on the date shown. Agency requirements change. Each result displays the rule set and effective date used to produce it. A result is a snapshot, not a continuing statement.
You are responsible for any decision you make. Do not act on a result without confirming it against the governing source and, where the stakes warrant, professional advice.
3. Rule data and citations
We publish the rule set behind the check, with citations to the governing agency source and its effective date. We work to keep it accurate and current. We do not warrant that it is complete, current, or free of error, and agency guidance may change or be reinterpreted at any time. Where our summary and the governing source differ, the governing source controls.
Items marked as pending verification have not yet been confirmed against a primary source and must not be relied upon.
4. Software and automation
Our tools are produced and operated using software and automated systems, including artificial intelligence, under human review. Outputs are reviewed by a person before any paid deliverable is issued. Free tools return computed results without individual human review, which is one reason they carry the limits described in Sections 9 and 10.
5. Paid services
Fees, scope, and deliverables for any paid engagement are set out in a separate written agreement or order form. Those terms govern that engagement. Nothing on this site is an offer, a quotation, or a commitment to perform work.
6. Deliverables and third parties
Reports and other deliverables are prepared for the client identified in them, for the purpose stated in them, and as of their stated date. No other person may rely on them. If you receive a Ballast deliverable as a lender, buyer, agent, owner, or other third party, you receive it for information only, and Ballast owes you no duty and accepts no liability in connection with it.
Deliverables are not appraisals, engineering reports, structural assessments, audits, or legal opinions unless expressly stated. We do not perform, and nothing we deliver should be treated as, any service that may only be performed by a licensed architect or engineer, an attorney, or a certified public accountant.
7. Your content
You keep ownership of information you submit. You grant us a license to use it to provide the service, to support and improve it, and to produce anonymized and aggregated statistics that do not identify you or your association. We will not publish your association's identifying information without your permission.
You confirm you are authorized to submit the information you provide.
8. Our content
The site, its text, design, rule set structure, and software are owned by Ballast or its licensors and protected by intellectual property law. You may read, print, and share pages for your own non-commercial use with attribution intact.
IndexBasis cost index data is published separately under its own license terms, stated on the IndexBasis site. Those terms govern that data.
You may not scrape or bulk-extract the site, resell access, reverse engineer the software, or use the site to build a competing product.
9. Acceptable use
Do not use the site unlawfully, submit information you have no right to submit, attempt to gain unauthorized access, interfere with its operation, or misrepresent your identity or authority.
10. No warranty
The site and the free tools are provided "as is" and "as available," without warranty of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the site will be uninterrupted, secure, or error-free.
11. Limitation of liability
To the fullest extent permitted by law, Ballast is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost business, lost financing, diminished property value, or failed transactions, arising out of or relating to the site or the free tools, whether in contract, tort, or otherwise, even if advised of the possibility.
Our total liability arising out of or relating to the site and the free tools will not exceed one hundred dollars ($100). Liability arising under a paid engagement is governed by the agreement for that engagement.
Nothing here limits liability that cannot be limited under applicable law, including liability for fraud.
12. Indemnity
You will indemnify and hold harmless Ballast and its members, managers, employees, and agents from any claim, loss, or expense (including reasonable legal fees) arising out of your use of the site, your breach of these Terms, or your distribution of a result or deliverable to a third party.
13. Links and third-party services
The site links to agency and other third-party sources for verification. We do not control them and are not responsible for their content or availability.
14. Changes; termination
We may change these Terms. The version and effective date appear at the top. Material changes will be noted on the site. Continued use after a change means you accept it. We may suspend or terminate access at any time, for any reason, without notice.
15. Dispute resolution; arbitration; class action waiver
Please read this section carefully. It affects your legal rights.
15.1 Talk to us first. Before starting arbitration or any other proceeding, send a written description of the dispute and the relief you want to info@ballastplanning.com. We will do the same for any dispute we have with you. Give us thirty (30) days to try to resolve it. Most things end here.
15.2 Agreement to arbitrate. If we can't resolve it, any dispute arising out of or relating to these Terms, the site, or the free tools will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, or its Consumer Arbitration Rules where those apply. One arbitrator. The seat is Salt Lake City, Utah, but the arbitration may be conducted by videoconference or on documents alone, and you will not be required to travel. Judgment on the award may be entered in any court of competent jurisdiction.
15.3 What is not arbitrated. Either of us may bring an individual claim in small claims court. Either of us may seek injunctive relief in court to protect intellectual property or to stop unauthorized access to the site.
15.4 Individual basis only. Claims must be brought individually. You and Ballast each waive the right to bring or participate in a class, collective, consolidated, or representative action, and the arbitrator may not consolidate claims or preside over any representative proceeding. If this paragraph is held unenforceable as to a particular claim, that claim, and only that claim, must proceed in court, and the rest of this Section 15 continues to apply to all other claims.
15.5 Opting out. You may opt out of Section 15.2 and 15.4 by emailing info@ballastplanning.com within thirty (30) days of first accepting these Terms, with your name and a statement that you are opting out of arbitration. Opting out costs you nothing and affects nothing else in these Terms.
15.6 If arbitration doesn't apply. Where a dispute is not subject to arbitration, it will be brought exclusively in the state or federal courts located in the State of Utah, and both of us consent to their jurisdiction.
15.7 Governing law. These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws principles. The Federal Arbitration Act governs the interpretation and enforcement of Section 15.2.
16. Miscellaneous
If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, with any applicable engagement agreement and our Privacy Policy, are the entire agreement between us regarding the site.
Questions about these Terms: info@ballastplanning.com