TERMS AND CONDITIONS OF USE

Last Revised: January 22, 2025

These terms and conditions of use govern your use of this web site. By accessing this web site, you are acknowledging and accepting these terms and conditions. These terms and conditions are subject to change by The Balsom Company LLC dba Balsom & Co. (hereinafter “Balsom & Co.”) at any time and at our discretion without notice. Your use of this web site and/or our membership site(s) after any changes are implemented constitutes your acceptance of the changes. As a result, Balsom & Co. encourage you to consult the terms and conditions each time you use this web site. 

Intellectual Property

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Balsom & Co., you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Balsom & Co. For information on requesting such permission, please contact paul@balsom.co. 

Third Party References / Hyperlinks

This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Balsom & Co., and you acknowledge that Balsom & Co. is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators. However, Balsom & Co. may from time to time be compensated for referring you to certain vendors, and in such circumstances, Balsom & Co. will let you know of that relationship.

Your Conduct

Balsom & Co. does not permit copyright infringing activities and infringement of intellectual property rights on this site, and Balsom & Co. will remove all content if properly notified that such content infringes on another’s intellectual property rights.

You also affirm, represent, and warrant that your participation on this web site and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also affirm, represent, and warrant that you shall not make any statements or take any actions against Balsom & Co. or other members that would constitute libel or slander.

Balsom & Co. reserves the right to make the final decision regarding what is appropriate. Balsom & Co. further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.

Further details regarding the conduct that is expected of all participants in the membership program can also be found in the first post that you will find inside the membership site.

SMS Text Messaging Policy

Balsom & Co. offers clients the option to receive SMS text messages for updates, promotions, and important notifications. By hiring our firm, you agree to receive automated and non-automated text messages from us. Standard message and data rates may apply based on your mobile carrier plan. You may opt out at any time by replying “STOP” to any SMS message from us. After opting out, you will no longer receive SMS messages, except for confirmation of your opt-out request.

SMS Opt-In Statement

By providing your phone number, you agree to receive automated and non-automated marketing and informational text messages from Balsom & Co. at the phone number provided. Message and data rates may apply. You understand that you can opt out at any time by replying “STOP.”

Fulfillment Policy

Balsom & Co marketing services are tailored to each client’s needs and delivered remotely through virtual consultations, meetings, and agreed-upon deliverables within the timelines outlined in a client’s service agreement. Due to the customized nature of our work, refunds are not offered for services already provided. Cancellations require a 30-day written notice, as specified in the agreement. If deliverables do not meet the agreed-upon specifications, we will collaborate with the client to address necessary revisions within the project scope. Clients have access to ongoing communication through email and scheduled meetings as outlined in their agreement.

Disclaimers

Balsom & Co. is not acting as your financial, legal, or other professional advisor. Any opinions, advice, statements, or other content provided through Balsom & Co.’s services or on this website are for informational purposes only and should not be relied upon as professional advice. Balsom & Co. makes no representations or warranties regarding the accuracy, completeness, or reliability of any information provided. Participation in Balsom & Co.’s services or reliance on any information provided is at your own risk. Balsom & Co. disclaims all liability for any loss or damage resulting from your use of or reliance on such information.

Ability To Accept Terms And Conditions

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

Contacting Us

If you need to contact us, you can email paul@balsom.co. 

Disclaimer Of Warranties

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Balsom & Co. AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation Of Liability

UNDER NO CIRCUMSTANCES SHALL BALSOM & CO. OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BALSOM & CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BALSOM & CO.’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

Upon a request by Balsom & Co., you agree to defend, indemnify, and hold Balsom & Co. and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site and/or Balsom & Co.’s services.

Termination

By using these services, you agree to these terms and conditions. You may terminate your use of the services at any time by ceasing to access or use them. We reserve the right to terminate or suspend your access to the services at our sole discretion, without prior notice, if you violate these terms or engage in unauthorized or harmful activities.

Severability and Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Balsom & Co. with respect to this site and supersedes all prior or contemporaneous communications between you and Balsom & Co. with respect to this site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Attorney’s Fees

If Company incurs any legal fees associated with the enforcement of these Terms and Conditions of Use, you agree to pay Balsom & Co.’s reasonable attorney's fees and any court, mediation, or other litigation expenses. 

Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Tennessee. You hereby consent to binding arbitration in the State of Tennessee to resolve any disputes arising under this Terms and Conditions.

Entire Agreement 

This Agreement constitutes the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Balsom & Co. with respect to the https://balsom.co/ and any service it provides. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use https://balsom.co/ or any of its services. Balsom & Co. may revise these Terms and Conditions of Use at any time, and such changes will be effective from and after the date that the same are delivered to you by e-mail or regular mail. Your continued use of https://balsom.co/ after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.

Waiver

The failure of https://balsom.co/ or Balsom & Co. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Balsom & Co. must be in writing and signed by an authorized representative of the Balsom & Co.