TERMS & CONDITIONS OF USE
Bloom Online (“Bloom”) is a service, website and mobile app (the “Bloom Platforms”), owned and operated by Bloom Online LLC.
This Agreement and all policies on the Bloom Platforms sets out the terms upon which Bloom offers you access to and use of our sites, services, applications and tools (collectively, “Services”). All policies and related agreements between you and Bloom are incorporated into this Agreement.
ACCEPTANCE OF THE USE OF BLOOM TERMS AND CONDITIONS
ABOUT BLOOM AND USE OF BLOOM
Bloom is a members only electronic platform that provides Services and helpful tips on a multitude of Occupational Therapy topics, including but not limited to, Mental Health and parental guidance, based on different tiers membership. Upon signing up for Bloom and using the Bloom Platforms, you contract directly with Bloom. Your interaction with Bloom is at your own risk.
Bloom operates when you visit or download any of the Bloom Platforms and sign up for a membership with Bloom. By using the Bloom Services and Bloom Platforms you agree to give Bloom access to certain personal information in order for Bloom to provide their Services.
If you register with Bloom and utilize the Bloom Platforms as contemplated under this Agreement, you are responsible for maintaining the confidentiality of your passwords, login and account information (“Your Confidential Information”). You will be responsible for all use of the Bloom Platforms by you, anyone using Your Confidential Information (with or without your permission). Your Confidential Information must be accurate and up-to-date at all times. If any of Your Confidential Information changes, you must update it immediately. If you have any reason to suspect that your account is no longer secure (if, for example, you suspect there has been loss, theft or unauthorized disclosure of Your Confidential Information or your computer or mobile device used to access the Bloom Platforms), you must promptly change Your Confidential Information that is affected and notify us through the information provided under Contact Us.
If we believe you are abusing Bloom and the Bloom Platforms in any way, we may, at any time and without advance notice or liability in our sole discretion and without limiting other remedies, limit, suspend or terminate your user account(s) and access to the Bloom Platforms and Services, delay or remove hosted content, remove any special status associated with your account(s), reduce or eliminate any discounts and take technical and/or legal steps to prevent you from using the Bloom Platforms and Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
When an issue arises, we may consider your performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both you and Bloom.
When you use of the Bloom Platforms for Bloom Services, your use constitutes your offer to Bloom to use Bloom Services for personal use. Bloom reserves the right to limit, cancel or prohibit any requests or orders for Services that appear to be placed in violation of this policy.
REFUSAL OF ORDERS
Bloom reserves the right to withdraw any membership from time to time. Bloom makes reasonable efforts to process orders and requests in connection with Services. However, there may be circumstances that may require Bloom to refuse to process Services. Bloom reserves the right to refuse to process a membership at any time, at its sole discretion, for any reason, and will not be liable for refusing to process a membership at any time.
Bloom Online, offers three different types of membership types outlined below. By signing up for one of the Bloom Online Memberships you agree to all of the Terms set forth in these Terms & Conditions, as well as agree to pay the monthly membership fee.
1) PLEASE ADVISE THE NAME OF THE BLOOM ONLINE BASIC MEMBERSHIP TIER, WHAT YOU WILL GET WITH THIS MEMBERSHIP AND THE PRICE.
2) PLEASE ADVISE THE NAME OF THE BLOOM ONLINE MIDDLE MEMBERSHIP TIER, WHAT YOU WILL GET WITH THIS MEMBERSHIP AND THE PRICE
3) PLEASE ADVISE THE NAME OF THE BLOOM ONLINE HIGHEST MEMBERSHIP TIER, WHAT YOU WILL GET WITH THIS MEMBERSHIP AND THE PRICE.
In the event that you wish to cancel your Bloom Membership You may do so as follows:
- Monthly Members may cancel their membership either online, by phone or via mail at least thirty (30) days before the next month renewal date. You will be charged for one more month after you notify Bloom of cancellation. When this cancellation month is up, your membership will be terminated and you should not receive any more charges from Bloom (the “Monthly Cancellation Policy”). For example, if you wish to cancel your membership beginning in August, you must cancel your membership to Bloom in July, and will still be charged the membership fee for the month of July.
- Yearly Members may cancel their membership either online, by phone or via mail at the close of the current year. When this cancellation year is up, your membership will be terminated and you should not receive any more charges from Bloom (the “Yearly Cancellation Policy”). For example, If you wish to cancel your membership during the year, you will be charged for all remaining months in Your current Year and the charges will subside after Your year has expired. For the avoidance of doubt, a “Year” is defined as 12 months from the month You created your Membership with Bloom.
If You do not cancel Your membership in accordance with either the Monthly Cancellation Policy or the Yearly Cancellation Policy than Your membership to Bloom Online will automatically renew for another term, either Month or Year, depending on Your selection.
CREDIT CARD DETAILS
Credit Cards on the Bloom Platforms are securely processed by Bloom’s credit card processor. Bloom reserves the right to use a Third Party to store and process credit card information.
CHANGE OF USE
Bloom reserves the right to change or remove (temporarily or permanently) the Platforms and/or online services without notice and you confirm that Bloom shall not be liable to you for any such change or removal and change Terms and Conditions at any time. Your continued use of the Bloom Platforms following any changes shall be deemed to be your acceptance of such change.
LINKS TO THIRD PARTIES
The Bloom Platforms may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
THIRD PARTY ADVERTISING
We may use third party advertising companies to collect data and/or service when you visit the Bloom Platforms. These companies may use information about your visits to the Bloom Platforms and other websites and applications in order to provide advertisements about goods and services of interest to you. Please keep in mind that your browser settings may not permit you to control the technologies utilized by these third-party companies. If you would like more information about this practice and to know your choices about not having this information used by these companies, visit http://www.networkadvertising.org/choices/ or contact Bloom.
The Bloom Platforms, including all of its information and content, such as text, design, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software, source codes and the HTML used to generate the pages (collectively, the “Intellectual Property”), is owned or licensed by Bloom or otherwise used by Bloom as permitted by law and protected by patent, trademark and/or copyright under United States and/or foreign laws.
In accessing the Bloom Platforms, you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Bloom Platforms for personal, non-commercial home use only.
INTELLECTUAL PROPERTY INFRINGEMENT
If you believe certain content on the Bloom Platforms constitutes infringement of your copyright please contact Bloom at the mailing address and phone number provided at the end of this Terms & Conditions, with the following information:
- Evidence of your authorization to act on behalf of the owner, who owns the copyrighted work;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located on Bloom, including a link to where the alleged infringing material is located;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and
- Your physical or electronic signature.
If you believe content on the Bloom Platforms constitutes infringement of your trademark or other intellectual property rights, please provide a notice of your claim to the address above.
ACCESS AND INTERFERENCE
You agree that:
- You will not use any robot, spider, scraper, deep link or similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Bloom Platforms, other than via software that sends queries to the Bloom Platforms to index or rank a website for search and location purposes, without Bloom’s express written consent, which may be withheld in their sole discretion.
- You will not use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Bloom Platforms, other than the search engines and search agents available through the Bloom Platforms and other than generally available third-party web browsers (such as Microsoft Explorer).
- You will not post or transmit any file which contains viruses, worms, Trojan Horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Bloom Platforms.
- You will not attempt to decipher, decompile or reverse-engineer any of the software comprising or in any way making up a part of the Bloom Platforms.
- You may only use the Bloom Platforms to make legitimate inquiries or requests.
- You will not make any false or fraudulent requests. If Bloom is of the reasonable opinion that you have made a false or fraudulent request or order, Bloom shall be entitled to cancel the order or request and inform the relevant authorities.
- If you do not give Bloom all the information needed, Bloom may not be able to complete your request or order.
- You will not attempt to interfere or interfere in any way with Bloom network or related network security or attempt to use Bloom to gain unauthorized access to any other computer system.
- You will not use Bloom to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity.
- You will not use the Website to engage in conduct that would constitute a civil or criminal offense, or that violates any applicable laws or regulations.
- You are 18 years old and are legally capable of entering into binding contracts.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
All products, services and content on the Bloom Platforms are provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, Bloom will not be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or damage whatever (including without limitation loss of business, opportunity, data profits) arising from or in any way related to the use of, or the inability to use or the performance of the Bloom Platforms, or the content and materials or functionality on or accessed through Bloom. Bloom makes no warranty that the functionality of Bloom will be uninterrupted or error free, that defects will be corrected or that Bloom or the server that makes it available are free of viruses or anything else which may be harmful or destructive. Nothing in these Terms and Conditions shall be construed so as to limit the liability of Bloom for death or personal injury as a result of the negligence of Bloom or that of its employees or agents.
You agree to indemnify and hold Bloom and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Bloom arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of Bloom.
In any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed, and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
CHOICE OF LAW
All Bloom activity or use and these Terms and Conditions is governed by the laws of the United States of America and the applicable laws of the State of New York, without regard to conflict of law principles.
In the event of any claim, controversy, or alleged dispute between you and Bloom, its members or affiliates (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least thirty (30) days before instituting any legal proceeding.
Each party agrees to submit any Dispute for resolution by final binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim or alleged breach along with you attempt to resolve such Dispute. Upon such notice and attempt to resolve, the party may then commence an arbitration proceeding pursuant to the rules of the American Arbitration Association (“AAA”) to be held in New Your County, New York, before an arbitrator to be selected by the AAA. Any such arbitration may only be commenced within one (1) year after the party requesting arbitration obtains knowledge of the cause of action forming the basis of the controversy or claim accrued.
In any arbitration and subject to the ultimate discretion of the presiding arbitrator, each side will be limited to a maximum of one (1) day of argument (including rebuttal), and the parties agree in good faith to minimize discovery burden (e.g. confine the scope to actual areas in dispute and limit the topics and number of pages on which information is requested to matters directly relevant). The decision(s) of the arbitrator shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except upon claim of fraud or corruption as by law provided, however, that implementation of such decision(s) shall in no way be delayed or otherwise impaired pending the outcome of any such appeal. Judgment upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof. You agree that all Disputes will be limited between you, individually, and Bloom. To the full extent allowable by law, you agree that no arbitration proceeding, or other dispute resolution proceeding shall be joined with any other party or decided on a class-action basis.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
WAIVER AND SEVERABILITY
Any waiver of any provision contained in these Terms and Conditions shall not be deemed to be a waiver of any other right, term, or provision of these Terms and Conditions. If any provision in these Terms and Conditions is determined to be wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
Notice to California Residents. Under California Civil Code Section 1798.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the services provided on the Bloom Platforms, please contact us at INSERT PHONE NUMBERS. You may also contact us by writing to Bloom at the following address:
Bloom Online, LLC
68 Ascension Street
Passaic, New Jersey 07055