These Terms of Service (“Terms”) govern your use of Balm Creative Co.’s (“BCC”) website (the “Site”). Please read the Terms before using the Site. Use of the Site constitutes your agreement to all Terms. If you object to anything in these Terms or the Site’s Privacy Policy, please do not use the Site. The Terms are subject to change at any time, effective upon posting on the Site.

WEBSITE CONTENT

All content available on the Site is the copyrighted work of Balm Creative Co. LLC.  Any reproduction or redistribution of this Site, in whole or in part, without the written permission of BCC is expressly prohibited by law, and may result in civil and criminal penalties. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”), as well as the coordination, selection, arrangement and enhancement of such Proprietary Material, that users see or read on the Site is owned by BCC or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Users may not copy, download, use redesign, reconfigure, or retransmit anything from the Site without BCC’s prior express written permission.

BCC makes no representations about the suitability of the information or content contained on the Site for any purpose. All such materials are provided “as is” without warranty of any kind. BCC disclaims all warranties and conditions with regard to the Site, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall BCC be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of information available from the Site.

SALES

Failure to make payment within the allotted time will result in delay or halt of the BCC’s work. Monies paid to BCC will not be returned to the Client except in the case of extreme circumstances where extreme is defined as unforeseeable or extenuating. It is the Client's responsibility to respond to the BCC in a timely manner. Unresponsiveness can cause delays in work. There are no returns or refunds on any BCC product or service.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or the servers that host it, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or accounts, computer systems or networks that may be accessed through the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

BCC may terminate your access to the Site at any time and for any reason with or without notice to you. BCC shall not be liable to you for any loss associated with termination of such access.

LINKS TO THIRD PARTY SITES

Links from the Site to other sites on the Web, if any, are provided as an information service only.  It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. BCC does not control such websites, and is not responsible for their content. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by BCC’s Terms of Use and Privacy Policy. All users do hereby agree to hold BCC harmless from any liability that may result from the use of links that may appear on the Site.

MODIFICATIONS TO THE SITE

BCC reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the user and BCC shall not be liable to user or any third party for any modification or discontinuance of the Site.

MISCELLANEOUS

Failure by BCC to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right.

These Terms, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of Virginia, without regard to its conflict of laws rules. All claims and disputes arising out of these Terms or use of the Site shall be exclusively brought in the federal, state or local courts located in Virginia; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts.

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

INDEMNIFICATION

The Client agrees to indemnify, hold harmless and inure BCC for any damages, losses or expenses incurred as a result of the performance of services incidental to or directly resulting from execution of terms of this Contract. Client agrees not to seek damages or to initiate any lawsuit against BCC, or its affiliates, relating to any terms and conditions of service.

Force Majeure 

Neither BCC, nor the Client, shall be liable for any default, delay or lapse occurring due to events beyond their control including riot, strike, theft, war, or acts of God and/or nature.

Governing Law

This Contract will be governed in all respects by the laws of the United States of America and by the laws of the State of Virginia.