TERMS & CONDITIONS OF USE
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.
Welcome to BLOOM! Bloom-Ed, LLC (hereinafter referred to as “Bloom,”,”BLOOM”, “us,” “we,” “our,” or “Company”) has created the following Terms & Conditions of Use (“Terms & Conditions”) to apply to all users of this website and all digital assets contained or offered therein (collectively, our “Services”).
These Terms & Conditions are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms & Conditions conflict with the English language version, the English language version of these Terms & Conditions shall control.
I. GENERAL CONDITIONS
Please carefully read these Terms & Conditions before using our Services. By using our Services, you agree to be bound by the Terms & Conditions, including the Binding Arbitration Clause and Class Action Waiver described in Section XI, and the Privacy Policy. If you do not agree to the Terms & Conditions, then you must not use our Services. If you violate the Terms & Conditions, we reserve the right to deny you access to our Services, together with any and all other legal remedies.
The headings used herein are included for convenience only and will not limit or otherwise affect these Terms & Conditions.
II. SCOPE OF THIS POLICY
This Policy applies to everyone that visits our website.
Welcome to Bloom for All! Our mission is to provide modern, inclusive health education and health products to visitors and registered users of our Services. To help us accomplish this mission, we allow anyone to enter our website to enjoy some of our Services (“Visitors”) while users with an account (“Registered Users”) enjoy fuller access to our Services via three different user areas that we call Hubs:
- Teen Hub: Teenage Registered Users (Teen users) have full access to our Teen Hub when they sign up for an account.
- Caregiver Hub: Parents, guardians, and other caregivers (“Caregivers”) can enjoy some services under the Caregiver Hub when they sign up for an account, with full access to certain services under the Caregiver Hub with an account and Subscription.
- Educator Hub: Teachers and other educators can enjoy some services under the Educator Hub, with full access to certain services under the Educator Hub with an account and paid subscription.
These Terms & Conditions apply to all Visitors and Registered Users of the Services. We may refer to Visitors and Registered Users as “you” or “your.” To help you review these Terms & Conditions, we may provide a general overview at the top of some sections.
III. NOTICE: NO PROVISION OF LICENSED PROFESSIONALS
We provide educational and informational resources, but we are not doctors, therapists, or licensed professionals. You should always consult with your doctor or other licensed professionals for any health concerns.
The content we provide in the Services is for educational and general informational purposes only. As part of our Services, we may provide videos, guides (e.g. puberty or genital guides), curriculum, workshops, or other resources and advice, but our Services are not the same as services you may receive from licensed professionals such as doctors, therapists, or psychiatrists. We do not provide access to licensed professionals or emergency services and the information contained on the Services is not a substitute for advice from a doctor or other licensed professional. Your use of any information provided by the on the Services is at your sole risk and we will not be liable for any actions you take in reliance of the information we provide. We are not responsible for any damage you may suffer as a result of failing to seek competent advice from a licensed professional.
IV. NON-EXCLUSIVE, NON-TRANSFERABLE RIGHT TO USE OUR SERVICES
You alone can use the Services for personal and educational purposes as long as you comply with these Terms & Conditions.
We grant you a limited, revocable, non-exclusive, non-transferable right to review and in some cases print content, from our Services (e.g., our website) for your personal and educational purposes as long as these purposes do not violate any aspect of these Terms & Conditions or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. We may terminate or limit your access to our Services for any reason (or no reason) and in our sole discretion.
We may, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without telling you ahead of time, and for any reason, including performing maintenance, repairs, or upgrades. We will try to let you know before we perform any scheduled upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
V. INTELLECTUAL PROPERTY
We (or others we work with) own all content and materials you access and view when you use our Services. You are not permitted to change or distribute any content or materials unless we give you permission.
All content, features, and functionality available through our Services, including but not limited to all curriculum, workshops, design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement (“Materials”) are either the proprietary property of us, our affiliates, or licensors and are protected by United States and international intellectual property and proprietary rights laws. We reserve any and all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except you may download and print Materials for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish or distribute such Materials. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any data base or other compilation. Any other use of the Materials is strictly prohibited. You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or Information (as defined in our Privacy Policy).
All registered and unregistered trademarks visible or accessible through our Services are trademarks of the Company, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of the Company, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.
VI. PROHIBITED USES
You are not permitted to use the Services in ways that are illegal or harm the Services or others’ use of the Services. You alone are responsible for any actions that occur under your Account.
- Legal Uses of the Services. You must access and use our Services only for legal and acceptable purposes. This means that you must not, and must not allow others, to use the Services to (a) provide communications, feedback, or responses to surveys that are illegal, obscene, defamatory, threatening, intimidating, harassing, or that instigate or encourage conduct that would be illegal; (b) violate, misappropriate, or infringe the rights of us or others; or (c) impersonate another person. You must own all of the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it.
- Harm to the Services or our Users. You must not, and must not allow others, directly or indirectly, to use and access our Services in impermissible or unauthorized manners or in ways that harm the Services, whether through automated means or otherwise. You may not, and may not allow others, to (a) upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working of our Services; (b) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services; (c) access or collect data from our Services using automated means or attempt to access data you do not have permissions to access; or (d) gain or attempt to gain access to our Services through unauthorized means. You are responsible for all uses of the Services due to your acts or omissions.
- Account Access. Visitors can set up an account with us to become a registered user of a Hub (an “Account”). You promise that all information you provide to us when you create your Account is correct and true to the best of your knowledge. You are responsible for keeping your login information and password confidential. If others use your Account or the Services due to your actions, whether directly or indirectly, you will be responsible and liable for those uses. You must notify us immediately if you believe that your Account is being used without your authorization.
We reserve the right to terminate any user’s use of the Services or any related website for violating any of the prohibited uses described herein.
- PRODUCTS
We may offer products from third-party providers on our Services that you can purchase through us (“Products”). We may receive a commission, fee, and/or other compensation on some purchases you make on, through, or linked from the Services. When you place a Product order, you are representing that you will use, and others you allow will use, the Product in a lawful manner. We may change the descriptions or prices of a Product at any time without notice.
- REWARDS
Users can earn rewards for completing certain tasks on the site (e.g. journaling, period tracking). These rewards can be used to purchase Products offered on our Services. We alone decide why and when a user may earn a reward, as well as what rewards are worth, and different rewards may not be available to all users.
VII. PAYMENT TERMS
You will honor and are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.
If you purchase a Subscription or any of our Products through the Services, we require you to provide valid credit card information or other acceptable payment information (we call this “Billing Information”). You grant us the right to provide your Billing Information to our third-party payment processor to help us to fulfill transactions. YOU PROMISE THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) YOU USE IN CONNECTION WITH ANY PURCHASE. You agree to pay all charges that may be incurred by you or on your behalf through the Services at the time when such charges are incurred. This may include taxes related to your Subscription or Purchase or shipping and handling charges.
VIII. CHILDREN’S INFORMATION
While our Services are not specifically directed to children under the age of thirteen (13) (“Children”) we understand that some of our users may include Children. We provide information about our collection, use, and disclosure of Children’s Information in our Notice to Parents, which supplements this Policy as to Children’s Information only. Additionally, if you are a parent or legal guardian to a Child that uses or wishes to use our Services, you may exercise certain rights as more fully described in the Notice to Parents.
IX. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
There may be some errors on our Services. While we try to correct errors, we may not find all errors and will not be responsible for any errors, inaccuracies, or omissions on the Services.
A. Errors, Inaccuracies, & Omissions
Our Services may contain textual errors, inaccuracies, or omissions that may relate to our offerings, Subscriptions, Products, programs, events, and materials. We do not warrant the accuracy, completeness, or usefulness of this information. We will not be responsible or liable if you or others rely on this information.
We are permitted to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders or Subscriptions if any information about the Services or on any related website is not correct at any time without providing you notice ahead of time (including after you have submitted your order, request, submission, payment, form, etc.).
We are not required to update, fix, or clarify information on the Services or on any related website, including without limitation, pricing, dates, availability, location, products, and services, unless the law requires us to do this.
If we update or change information on one part of the Services, this does not mean that we have updated or changed all information in the Services.
X. LINKS TO THE SERVICES
You may not create a link to any page of our Services without our prior written consent. If you do create a link to a page of our Services, you do so at your own risk and the exclusions and limitations set out above will apply to your use of our Services by linking to it.
XI. LINKS ON THE SERVICES
When you click on a link that takes you to another website, we are not responsible for that website. Please carefully review the policies on that website.
Our Services might include links to other websites or social media platforms. We are not responsible for reviewing the content or accuracy of any other website and do not warrant and will not be responsible for any other party’s materials or websites or for any other materials, products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions you make on other parties’ websites or other platforms. Please carefully review the other party’s website policies and practices and make sure you understand them before you engage in any transaction. You should direct any claims, complaints, questions, or concerns regarding the other party to that party.
XII. WARRANTY DISCLAIMER
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services and Products and a description of the limits of legal liability we may have to you.
OUR PRODUCTS, SERVICES, AND THE INFORMATION ON OR AVAILABLE THROUGH OUR SERVICES, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR SERVICES, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN OUR SERVICES AND/OR OUR LITERATURE.
IN NO CASE SHALL WE, OUR EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
XIII. GOVERNING LAW
In the unlikely event we end up in a legal dispute, you and Bloom agree to resolve it in using New York law.
The Terms & Conditions and any other agreements we have with you to provide our Services will be governed and construed in accordance with the laws of Massachusetts without reference to any conflict of law rules.
You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
XIV. ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
If we have a legal dispute, we must solve it via arbitration and not in any court. You may not bring or participate in any class action claim.
A. Arbitration Notice
You and Bloom agree that if there is any dispute or claim arising from or related to our Services, these Terms & Conditions, and/or the Privacy Policy, it will be resolved by confidential binding, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to Bloom should be sent to: Bloom, 66 Rogers St, Gloucester, MA 01930. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.
If you and Bloom are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or the Company may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms & Conditions as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply, and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be held in the State of Massachusetts or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Massachusetts, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding any provision in these Terms & Conditions to the contrary, you and us agree that if us makes any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms & Conditions containing this Section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.
CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
XV. CLAIMS & DISPUTES MUST BE FILED WITHIN ONE YEAR
To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.
XVI. SEVERABILITY
This section details what happens if a provision in these Terms & Conditions is unlawful.
To the extent that any court or authority find that a provision of these Terms & Conditions is unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, that provision will still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms & Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
XVII. TERMINATION
These Terms & Conditions are effective until terminated. We may terminate this these Terms & Conditions at any time without notice to you and may deny you access to our Services.
XVIII. INDEMNIFICATION
Overview: Some users may be required to help us resolve disputes that they cause, including by defending us and paying any damages.
To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, and our employees, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.
XIX. NO THIRD-PARTY BENEFICIARIES
Only you and we can take advantage of these Terms & Conditions
There are no third-party beneficiaries to the Terms & Conditions. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all our assets.
XX. CHANGES TO THESE TERMS & CONDITIONS
We can change these Terms & Conditions anytime.
We reserve the right to change, modify, or amend these Terms & Conditions at any time to reflect changes in our practices and service offerings. If we modify our Terms & Conditions, such changes will be effective upon posting. It is your obligation to check our current Terms & Conditions for any changes. These Terms & Conditions may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.
XXI. HOW TO CONTACT US
If you have any questions about these Terms & Conditions, please contact us at privacy@bloomforall.com.
Last Updated: 7/28/22