Terms of Service

EFFECTIVE DATE: 08/11/23
LAST UPDATED: 08/11/23

BAALM, LLC (“BAALM,” “we,” “us,” or “our”) welcomes you. We’re excited to have you with us and that you’ve decided to access and use our online services (the “Services”), which are made available to you through our website located at www.baalm.co (the “Website” or “Site”).

We provide Visitors (as defined below) with access to the Website, and Customers (as defined below) with access to the Services subject to the following Terms of Use. By browsing the public areas or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Website and/or the Services. We may change the terms and conditions of these Terms of Use from time to time, provided, however, if we make any material changes, we will notify you by email (sent to the email address specified in your account) prior to the changes becoming effective.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

THE SECTIONS BELOW TITLED “ARBITRATION AGREEMENT” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

1. NO MEDICAL ADVICE

You acknowledge and agree that BAALM, LLC does not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that BAALM, LLC does not evaluate the need to seek medical attention, through the Website and the Services. The Website, the Services and the Content are for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. You should not use the information on the Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Always consult your physician or other qualified health care professional if you have any questions regarding the use of a dietary supplement, particularly if you take prescription medication or believe that you may have a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website, the Services and/or the Content. In addition, you should carefully read all labels and other information in the product packaging before using any product purchased from our Website. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on the Website, the Services and the Content is solely at your own risk. Information provided on the Website and the use of any products or services purchased from our Website by you DOES NOT create a doctor-patient relationship between you and any of the health professionals affiliated with our Website. Information and statements regarding our products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

2. DESCRIPTION AND USE OF SERVICES

Through the Services, we offer dietary supplements for sale (“Products”) that we deliver to you in packaged boxes on a single purchase basis (“Purchase”) or a subscription basis (“Subscription”). We provide Visitors and Customers with a personal, revocable, limited, non-exclusive, nontransferable, and (limited) sublicensable license to access the Website and use the Services for their personal, non-commercial use, as described below.

a. Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors.

Visitors can:
(i) view all publicly-available content on the Website;
(ii) e-mail us, and
(iii) chat with us via our website.

b. Customers. A Purchase or Subscription is required for all Customers. Customers can do all things that Visitors can do, and can also access their personal account information and use the Services. BAALM, LLC is under no obligation to accept any individual as a Customer and may accept or reject any registration in its sole and complete discretion.

These Terms of Use provide only a license and not an assignment or sale. We transfer no ownership or intellectual property interest or title in and to the Website or Services to you or anyone else. Further, we reserve all rights not expressly granted by these Terms of Use. Accordingly, you may not modify, translate, decompile, reverse engineer, create derivative work(s) of, copy, distribute, disassemble, broadcast, film, transmit, display, publish, remove, or alter any proprietary notices or labels, license, sublicense, permit use by any (other) person or entity, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein (or by us) of the Website or Services (including any video or screen image thereof). In addition, you shall not enter into any contractual relationship or other legally binding obligation with any third party or person which shall have the purpose or effect of encumbering us or the use of the Website or Services (or any part thereof).

3. USE OF PERSONAL INFORMATION

Your use of the Services may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (located at www.baalm.co/privacy), which is hereby incorporated by reference in its entirety.

4. PRODUCT DESCRIPTIONS AND AVAILABILITY

(a) Product Descriptions.

Our Website contains descriptions of the Products. We attempt to be as accurate as possible with the descriptions of the Products that are made available to you through the Services. However, we make no warranties that the Product descriptions and any other content are accurate, complete, reliable, current, or error-free. If a Product offered by us is not as described, your sole remedy is to return it in unused condition. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice and we will not incur any obligation as a result of such change.

(b) Shipping.

US:
Our packages are shipped via USPS Priority Mail and packages are delivered between 3-5 business days after ordering. In the event of shipping delays, please expect to be contacted by a representative of the BAALM team.

Here at BAALM, we stand by our product. That is why we offer a happiness guarantee. If by chance you are not satisfied with your BAALM product, let us know via email, chat or phone call at (706) 383-3808. If you are within the first 30 days of your first purchase we will honor a full refund of the product.

Please note, orders outside of 30 days or beyond the first order on an account are not able to be returned or refunded.

For eligible returns, the product should not be used and is in the same condition you received it as well as in the original box and/or packaging. Please send your package using a carrier that can provide tracking and insurance. BAALM, LLC is not responsible for items lost or damaged in transit. Once your item has shipped, please email the tracking number for your returned product so we can process your refund in a timely manner. Returned products are to be sent to the following Return Address:

BAALM, LLC
PO BOX 129
Trion, GA 30753

5. REGISTRATION

To create an account and/or make purchases through the Site, you will be asked to submit certain information, which may include your name and/or a username, email address, and password. Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with this Agreement and we have no obligation to investigate the authorization or source of any such access or use of the Site.

In order to access certain features of the Services, you may be required to link your account with a social networking site or other third party account, such as Facebook (“SNS” and each such account, a “Third-Party Account”) by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you have the right to grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers. By granting us access to any Third-Party Accounts, we may access, make available and store (if applicable) any photographs, information, data, text, software, graphics, video, messages, tags and/or other materials accessible through the Site (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site via your account. You may also share Content obtained or accessed through the Services with such Third-Party Account.

You have the ability to disable the connection between your account and your Third-Party Accounts at any time by accessing the “Settings” section of the Site.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE WILL HAVE NO LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO THEM BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any SNS Content.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. At the time of your first order, we will request shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us.

6. SUBSCRIPTION PROCESS, RENEWAL, AND CANCELLATION

If you purchase a subscription to BAALM through our Site, you will receive a shipment containing a recurring supply of dietary supplements based on the delivery interval you have selected (14-day, 30-day, 60-day, 90-day).

Your subscription will continue on a recurring basis at the selected delivery interval until you choose to cancel. There is no subscription fee associated with your subscription. You will only be charged for the cost of the product and the cost of shipping and handling, which will be automatically charged to the payment method on file at the time the product is shipped. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at our then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by logging into and going to the “Manage Subscription” page of your “Account Settings” page.

If you do not wish your account to renew automatically, or if you want to cancel your subscription, please log in and go to the “Manage Subscription” page on your “Account Settings” page. By subscribing, you authorize us to charge your payment provider now, and again at the beginning of any subsequent subscription period. We will send you an email reminder prior to charging your payment provider each subscription period. If you choose to cancel your subscription at any time, your subscription will terminate automatically and we will not charge your payment provider for the subsequent subscription period. You agree that we may either terminate or suspend your subscription for any reason at any time in our sole discretion.

7. BILLING AND PAYMENTS

We accept the following bank or credit cards: Visa, MasterCard, and American Express. For your convenience, we will save your bank or credit card information. You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information. We are not responsible for any fees or charges that your bank or credit card issuer may apply. The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. If you would like to receive a refund for any reason, please contact us at support@baalm.co. Refunds will be issued pursuant to our refund policy provided in the “Refunds, Return Policy and Procedures” section above.

8. SOCIAL INTERACTIONS

The Website may provide access to communication, other interactive features, and social functionality where you can share, exchange information or content, or otherwise communicate with other users (with such shared or exchanged information, content, or communications referenced collectively as “Interactions”). You agree that by using the Website or Services you will not upload, post, display, or transmit any of the following:

anything which defames, harasses, bullies, threatens, or in any way violates or infringes on the rights of others;
anything which may be considered offensive, obscene, or otherwise inappropriate, including language or content of a sexual nature, that includes nudity, that includes or incites violence, that relates to alcohol, tobacco, or drugs, or that denigrates any person or group on any basis, including, without limitation, on the basis of race, religion, nationality, age, sexual orientation, or gender identity;
anything which involves the impersonation of any other person or entity;
anything which constitutes junk mail, spam, advertising, or any form of commercial solicitation;
anything which contains software viruses, worms, or any other harmful code or computer program designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
anything that violates any applicable law, including, without limitation, any local, state, national, or international law, or any regulations having the force of law;
anything which interferes with or disrupts the Website, the Services, or servers or networks connected to the Website or the Services, or disobeys any requirements, procedures, policies, or regulations of networks connected to the Website or the Services;
anything which violates the terms of this Agreement or any other agreement between you and BAALM;
anything that, in our sole judgment, restricts, inhibits, or prevents any person from using or enjoying the Website or Services, or which, in our sole judgment, exposes us or our users to any liability or detriment of any type.

We reserve the right, but do not have any obligation, to monitor and/or remove any Interactions or other content that we determine in our sole discretion violates these Terms of Use or is otherwise harmful to us, other users, or any third party. You understand that you may be exposed to Interactions and other content that you find offensive or objectionable, or that is inaccurate, misleading, or illegal. You use the Website and Services at your own risk and you hereby release us from any liability arising from any Interactions or other content posted on the Website or through the Services.

9. COPYRIGHT AND INTELLECTUAL PROPERTY

The Website and Services contain materials, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of BAALM (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as expressly permitted under these Terms of Use. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of these Terms of Use, your permission to access and/or use the Content and the Services automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of BAALM (“BAALM Trademarks”) used and displayed on the Website and Services are registered and unregistered trademarks or service marks of BAALM. Other company, product, and service names located on the Website and Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with BAALM Trademarks, the “Trademarks”). Nothing on the Website, in the Services or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website or Services without the prior written consent of BAALM specific for each such use. The Trademarks may not be used to disparage BAALM or the applicable third-party, BAALM’s or the applicable third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without BAALM’s prior written consent. All goodwill generated from the use of any BAALM Trademark shall inure to BAALM’s benefit.

Elements of the Website and Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

10. DISCLAIMERS

THE WEBSITE, SERVICES, AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE WEBSITE, SERVICES, AND CONTENT, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE WEBSITE, SERVICES, OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE WEBSITE OR SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

11. LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAALM, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT; (C) THE WEBSITE, SERVICES, OR CONTENT GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE WEBSITE, SERVICES, OR CONTENT AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH BAALM OR ANY OTHER USER OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BAALM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

12. INDEMNITY

You agree to indemnify and hold BAALM, its affiliates, directors, officers, employees, agents, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your User Content, your use of the Website, Services, or Content, your violation of these Terms of Use, or your violation of any rights of another person or entity.

13. DISPUTE RESOLUTION

(a) General. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any conflict of laws principles. You agree that any action at law or in equity arising out of or relating to these Terms of Use or your use of the Website, Services, or Content shall be filed only in the state or federal courts located in the State of Georgia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

(b) Arbitration Agreement. Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms of Use or your use of the Website, Services, or Content shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, and you hereby waive any right to bring or participate in any class action lawsuit related to such disputes. The arbitration shall take place in the State of Georgia, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

(c) Class Action Waiver. To the fullest extent permitted by applicable law, no arbitration or claim under these Terms of Use shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the Website, Services, or Content, and no class arbitration proceedings shall be permitted.

14. External Sites

The Website and the Services may include links to third-party websites ("External Sites"). These links are provided for your convenience and should not be considered as an endorsement of the content on such External Sites. The content of these External Sites is developed and provided by others. If you have concerns regarding these links or the content on External Sites, please contact the site administrator or webmaster of those sites. We are not responsible for the content of any linked External Sites and do not make representations about their accuracy or content. Please exercise caution when downloading files from any website to protect your computer from viruses and harmful programs. If you choose to access linked External Sites, you do so at your own risk.

15. User Obligations

By accessing the Website or using the Services, you represent that you are at least 18 years old (or the legal age of majority, if greater) and will always provide accurate, current, and complete information when submitting information or materials through the Website, including any registration or submission forms. Individuals under 18 (or the applicable age of majority) may use the Website and Services only with the involvement and acceptance of these Terms of Use by a parent or legal guardian, and solely under their account. You also acknowledge that using the Internet and the Website is solely at your own risk.

16. Indemnification

You agree to defend, indemnify, and hold BAALM, LLC, and its officers, directors, employees, successors, licensees, and assigns harmless from any claims, actions, demands, including reasonable legal and accounting fees, arising from: (i) your breach of this Agreement; (ii) your misuse of the Content, the Website, or the Services; and (iii) your violation of any third-party rights, including copyright, trademark, property, or privacy rights.

17. Compliance with Applicable Laws

The Website and Services are based in the United States. We make no claims about whether the Content is suitable for use outside the United States. If you access the Website, Services, or Content from outside the United States, you do so at your own risk. Regardless of location, you are responsible for complying with the laws of your jurisdiction.

18. Enforcing Security

You may not use the Website, Services, or any of our data, systems, networks, or services for illegal, abusive, or irresponsible behavior. This includes unauthorized access or use of our data or systems, attempting to probe or test our system's vulnerability, circumventing security measures, interfering with our services, and more. Unauthorized use may result in criminal or civil prosecution, including punishment under the Computer Fraud and Abuse Act. We reserve the right to monitor and record Website activity without notice or permission. Information obtained may be reviewed by law enforcement organizations or disclosed as required by law.

19. Termination of the Agreement

We reserve the right, at our sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Services, at any time and without prior notice or liability. We also reserve the right to change, suspend, or discontinue all or any part of the Services without prior notice or liability.

20. Digital Millennium Copyright Act

BAALM, LLC respects intellectual property rights and will comply with relevant laws. If you believe your work has been copied on the Website or Services in a way that infringes copyright, please provide our designated agent with a notice containing specific information outlined in the Digital Millennium Copyright Act. Counter notifications may be sent to our designated agent as permitted by applicable law.

21. Arbitration Agreement

In case of a dispute related to this Agreement or the Services, either party may choose to resolve the dispute through binding arbitration governed by the Federal Arbitration Act. Arbitration may limit the right to litigate or have a jury trial. All disputes will be resolved by an arbitrator according to the rules of the American Arbitration Association.

22. Class Action Waiver

Arbitration or proceedings shall be limited to individual disputes. No class action or representative proceeding shall be joined with any other. Claims must be brought only in an individual capacity.

23. Miscellaneous

This Agreement is governed by the internal laws of the State of Colorado. If terminated, certain provisions will remain valid. Our failure to enforce any provision of this Agreement does not waive our rights. This Agreement constitutes the entire agreement between you and BAALM, LLC. If any provision is invalid, the rest of the Agreement remains in force.

24. 15-Day Trial & Welcome Offer

If you participate in the 15-day Trial or Welcome Offer, you agree to additional Terms and Conditions provided. You can pause or cancel at any time. You're responsible for canceling your trial within 15 days to avoid charges.

25. SMS/MMS Mobile Message Marketing Program

By participating in the Program, you agree to receive SMS/MMS messages from us. You may opt out by replying STOP to any message. Message and data rates may apply. The Program may involve recurring messages.

26. Contact Information

Questions about the Terms of Use should be sent to hello@baalm.co or (706) 383-3808. BAALM, LLC, PO BOX 129, Trion, GA 30753.