Terms of Service

BASED BALM TERMS OF SERVICE

Last Updated: January 6, 2023

Welcome to Based Balm! These terms and conditions (the "Terms") govern your access to and use of the Based Balm website, including any content, functionality, and services offered on or through the Based Balm website (the "Site"), whether as a guest or a registered user.

Please read the Terms carefully before you start using the Site. By using the Site, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at at the bottom menu of this website. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

We reserve the right to change or modify these Terms at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the updated Terms on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are encouraged to review the Terms whenever you access the Site to understand the terms and conditions that apply to your use of the Site.

ACCESS TO THE SITE

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

USER ACCOUNTS

If you create a user account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to terminate accounts, remove or edit content, or cancel orders at any time, without notice, for any reason, including, without limitation, for breach of these Terms.

INTELLECTUAL PROPERTY

The Site 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 the Company, its licensors, or other providers of such material and are protected by United States and international copyright and trademark laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, its content, and all related intellectual property.

You may not use any content on the Site for any commercial purpose without the express written consent of the Company. You may not use any data mining, robots, or similar data gathering or extraction methods in connection with the Site. You may not use the Site or any of its content for any purpose that is unlawful or prohibited by the law. 

PRODUCTS AND SERVICES

All products and services available on the Site, including but not limited to Based Balm products, are subject to availability. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

PAYMENT

You agree to pay for all products and services that you purchase through the Site. We reserve the right to change our prices for products and services displayed on the Site at any time and without notice. All payments must be made through the Site using a valid payment method.

DISCLAIMER OF WARRANTIES

The Site and all products and services available on the Site are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

LIMITATION OF LIABILITY

Based Balm products, and guides are use at your own risk. In no event shall Based Balm or its affiliates, or any of their respective officers, directors, employees, agents, founders, or contractors, be liable for any damages of any kind, including but not limited to direct, indirect, incidental, consequential, punitive, or any other damages, arising out of or in connection with the use, inability to use, or performance of the Site or any products or services available on the Site, whether based on warranty, contract, tort, or any other legal theory. 

INDEMNIFICATION

You agree to defend, indemnify, and hold the Company and its affiliates, and their respective officers, directors, employees, agents, and contractors, harmless from and against any claims, liabilities, damages, losses, and expenses, including but not limited to reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site or any products or services available on the Site, or your violation of these Terms.

GOVERNING LAW

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of law.

DISPUTE RESOLUTION

Any dispute arising out of or relating to these Terms or the Site shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in the State of North Carolina.

SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and the Company.

A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any failure by the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

You may not assign or transfer these Terms or your rights or obligations hereunder, in whole or in part, without the prior written consent of the Company. The Company may assign these Terms, in whole or in part, at any time without notice to you. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. The Company may delegate the performance of any of its duties or obligations under these Terms to any third party.