This Terms of Use Agreement (the “Agreement”) governs your access to and use of the website BestBalm (the “Website”), operated by Mondus LLC (“we,” “us,” or “our”). By accessing or using the Website and any content, tools, links, or services made available through it (collectively, the “Service”), you agree to be bound by this Agreement. If you do not agree to these terms, you may not access or use the Service.
1. Nature of the Service
Mondus LLC operates BestBalm as an independent content and information platform. We publish reviews, comparisons, rankings, editorial articles, and links related to third-party products and services. We do not sell products directly, do not process payments, do not handle order fulfillment, and do not enter into purchase transactions with users of the Website.
Any purchase you make is completed directly with a third-party merchant on that merchant’s own website, subject to that merchant’s terms, pricing, shipping, returns, and customer service policies. You acknowledge and agree that we are not a party to any transaction between you and any third-party merchant, and we bear no responsibility or liability for any products, services, representations, warranties, pricing, availability, delivery, billing, or customer support provided by third parties.
All information published on the Website is provided for general informational and editorial purposes only and is subject to change at any time without notice. While we make reasonable efforts to keep information accurate and current, we make no guarantees regarding completeness, accuracy, or timeliness.
2. Affiliate Relationships and Third-Party Links
Many links on the Website are affiliate links. This means we may earn a commission if you click a link and complete a qualifying action (such as a purchase) with the third-party merchant. The use of an affiliate link does not affect the price you pay, and our compensation does not influence our editorial standards or recommendations.
We participate in various affiliate marketing programs and networks. The specific affiliate relationships applicable to any given page may be disclosed in our Affiliate Disclosure or within the content itself.
The Website may contain links to external websites, applications, or resources operated by third parties. These links are provided for your convenience only. We do not control, endorse, or assume any responsibility for the content, accuracy, policies, products, services, or practices of any third-party websites. Your interactions with third-party websites are solely between you and that third party and are undertaken at your own risk. We encourage you to review the terms and privacy policies of any third-party website before engaging with it.
3. No Professional Advice
Content on the Website may discuss health, wellness, beauty, nutrition, finance, lifestyle, technology, automotive, or other topics. None of the content constitutes medical, legal, financial, investment, tax, or other professional advice. The Website is not a substitute for advice from a qualified professional. You should always consult an appropriately qualified professional before making decisions that may affect your health, finances, or legal standing. Reliance on any information published on the Website is at your sole risk.
4. Intellectual Property
All content on the Website, including text, graphics, logos, images, photographs, videos, trademarks, layouts, and other materials (collectively, the “Content”), is owned by Mondus LLC or its licensors and is protected by United States, United Kingdom, European Union, and international intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and Content for your personal, non-commercial use only. Except as expressly permitted, you may not copy, reproduce, modify, distribute, publish, display, perform, create derivative works from, scrape, data-mine, or otherwise exploit any Content without prior written consent from us.
Third-party trademarks, product names, brand names, and logos that appear on the Website are the property of their respective owners. Their inclusion does not imply endorsement of us by those owners, nor endorsement by us of those owners beyond what is expressly stated in the editorial content.
5. Acceptable Use
You represent that you are at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater. You agree to use the Service only for lawful purposes and in accordance with this Agreement.
You may not:
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Use the Website in any manner that violates any applicable law or regulation;
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Interfere with or disrupt the operation, security, or integrity of the Website;
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Attempt to gain unauthorized access to any portion of the Website, its systems, or related networks;
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Use automated tools, including bots, scrapers, spiders, or data-harvesting software, without our prior written permission;
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Misrepresent your identity or affiliation with any person or entity;
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Transmit any virus, worm, malware, or other code of a destructive or harmful nature;
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Collect or harvest information about other users;
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Engage in any activity that could damage, disable, overburden, or impair the Website.
A breach of any of the above will result in immediate termination of your right to use the Service and may result in further legal action.
6. User Submissions and Feedback
If you submit comments, suggestions, ideas, feedback, or other materials to us (by email at [email protected], through a contact form, or otherwise), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, sublicensable license to use, reproduce, modify, adapt, publish, translate, and display such submissions for any lawful purpose, in any medium, without compensation to you. We will not attribute submissions to you in a personally identifiable manner without your consent. We have no obligation to maintain submissions in confidence, to compensate you, or to respond.
7. Privacy
Your use of the Website is subject to our Privacy Policy, which describes how we collect, use, and protect information about you. By using the Service, you consent to our data practices as described in the Privacy Policy. The Privacy Policy is incorporated into this Agreement by reference.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION PROVIDED ON THE WEBSITE IS ACCURATE, COMPLETE, OR RELIABLE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED, REVIEWED, OR LINKED TO ON THE WEBSITE, OR FOR ANY HYPERLINKED WEBSITE OR FEATURED PARTY IN ANY ADVERTISEMENT OR PROMOTION.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Mondus LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR ANY THIRD-PARTY PRODUCTS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING, FOR UNITED KINGDOM USERS, LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD).
10. Indemnification
You agree to indemnify, defend, and hold harmless Mondus LLC and its officers, directors, employees, agents, affiliates, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Service; (b) your violation of this Agreement; (c) your violation of any rights of any third party; or (d) any content you submit to the Website.
11. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including without limitation for breach of this Agreement. Upon termination, all provisions of this Agreement that by their nature should survive will remain in effect, including provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution.
12. Dispute Resolution and Arbitration (U.S. Users)
This Section 12 applies to users located in the United States. Users located in the European Economic Area, the United Kingdom, or other jurisdictions where mandatory arbitration is unenforceable may refer to Section 13 (Governing Law and Jurisdiction).
Any dispute, claim, or controversy arising out of or relating to this Agreement or the Service, including the formation, interpretation, breach, or termination of this Agreement, shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or by JAMS under its Streamlined Arbitration Rules, at the claimant’s election. The arbitration shall be governed by the Federal Arbitration Act. The arbitrator’s decision shall be final and binding.
YOU AND WE EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
You may opt out of this arbitration provision by sending written notice to [email protected] within thirty (30) days of your first use of the Service. The notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, you and we agree that disputes will be resolved in the courts identified in Section 13.
13. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to Section 12, any judicial action arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in the State of Wyoming, United States, and you consent to the personal jurisdiction of such courts.
If you are a consumer located in the European Economic Area or the United Kingdom, you may also bring proceedings in the courts of the country where you reside, and you benefit from any mandatory consumer protections of the law of the country where you reside that cannot be derogated from by contract.
14. DMCA Copyright Policy
If you believe that content on the Website infringes your copyright, please submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to [email protected] that includes: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and its location on the Website; (d) your contact information; (e) a statement of good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.
15. Changes to This Agreement
We may update this Agreement from time to time. When we make material changes, we will update the Effective Date at the top of this page and, where required by law, provide additional notice. Your continued use of the Service after changes become effective constitutes acceptance of the revised Agreement.
16. Miscellaneous
Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be reformed to the minimum extent necessary to make it enforceable while preserving its intent.
No Waiver. Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Entire Agreement. This Agreement, together with the Privacy Policy and any other policies referenced on the Website, constitutes the entire agreement between you and us regarding the Service and supersedes all prior agreements and understandings.
Assignment. You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement at any time without notice.
Headings. Section headings are for convenience only and do not affect interpretation.
17. Contact
If you have questions about this Agreement, please contact us at:
Mondus LLC
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Email: [email protected]