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Terms of Service

Bloom Nutrition Website Terms of Use 

Last Updated: September 30, 2022 

  1. Acceptance of Terms

These Website Terms of Use (these “Terms”) govern your access to websites and related services operated  by or on behalf of Bloom (“Bloom” “we” or “us”). These Terms are important and affect your legal rights,  so please read them carefully. Note that Section 14 of these Terms contains a mandatory arbitration  provision that requires the use of arbitration on an individual basis and limits the remedies available to you  in the event of certain disputes. 

By accessing or using bloomnu.com and our various related websites and services (collectively, the  “Bloom Services”), you agree to be bound by these Terms and all of the terms incorporated herein by  reference. 

You must be 18 years of age or older and reside in the United States or any of its territories to use the Bloom Services. By accepting these Terms, you represent that you have the legal authority to do so, and that, if  you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority  to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates  these Terms. If you do not agree to every provision of these Terms, you may not, and we do not authorize  you to, access or use the Bloom Services or any features provided therein. 

By accessing or using the Bloom Services, you represent and warrant that you have not been previously  suspended or removed from the Bloom Services or engaged in any activity that could result in suspension  or removal from the Bloom Services. 

You should not construe Bloom’s publication of any content found on the Bloom Services as an  endorsement by Bloom of the views expressed therein, or any warranty or guarantee of any strategy,  recommendation, treatment, action, or application of medication or preparation made by the author of such  content. 

We may revise these Terms at any time for any reason and may provide you notice of these changes by any  reasonable means, including through the Bloom Services. You can determine when we last updated these  Terms by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your  express consent to any revised Terms is required under applicable law, by continuing to access, browse or  use the Bloom Services, you agree to any revised Terms. If you do not agree to any revised Terms, you  may not and we do not authorize you to use the Bloom Services. We strongly recommend that you  periodically visit this page to review these Terms.  

  1. User Registration

In order to access and use certain areas or features of the Bloom Services, you may need to provide certain  information and/or answer certain questions. Each registration is for a single user only. 

You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as  necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority  to access or use the Bloom Services on your behalf, and (d) immediately notify us if you discover or  otherwise suspect any security breaches related to the Bloom Services. If you provide information that is  untrue, inaccurate, not current or incomplete, we may suspend and/or terminate your current or future use  of the Bloom Services. 

By providing information and/or answering questions, you also consent to receive electronic  communications from Bloom (e.g., via email or by posting notices to the Bloom Services). You should  maintain copies of electronic communications from us by printing a paper copy or saving an electronic  copy.  

We may also send you promotional communications via email, including, but not limited to, newsletters,  special offers, surveys and other news and information we think will be of interest to you. You may opt out  of receiving these promotional emails at any time by following the unsubscribe instructions provided  therein. 

Bloom has a SMS Messaging Program (“SMS Program”) for promotional marketing to customers who sign up to it. Message frequency of this SMS Program varies and Message and data rates may apply. At any time after signing up to the SMS Program a user or customer can Reply STOP to any message to opt-out. 

 

  1. Right to Access and Use the Bloom Services and Content

Unless otherwise indicated in writing by us, the Bloom Services and all content and other materials  contained therein, including, without limitation, any Bloom service mark or logo and all designs, text,  graphics, pictures, information, data, software, other files and the selection and arrangement thereof  (collectively, “Content”) are the property of Bloom or our licensors or users, as applicable, and are  protected by U.S. and international copyright and other laws. 

Subject to these Terms, you are hereby granted a limited personal, revocable, non-exclusive, non transferable, non-sublicensable right to access, view and make personal, non-commercial use of the Bloom Services and Content. All rights not expressly granted herein are reserved. You do not acquire any  ownership interest in the Bloom Services or Content under these Terms, or any other rights thereto other  than to use the Bloom Services in accordance with the rights granted by, and subject to all terms, conditions  and restrictions of these Terms. 

You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially  the Bloom Services or Content, (b) distribute, publicly perform or publicly display the Bloom Services or  any Content, (c) modify or otherwise make any derivative uses of the Bloom Services or Content, or any  portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e)  download (other than page caching) any portion of the Bloom Services or Content, except as expressly  permitted by us, (f) use the Bloom Services to stalk, threaten, or otherwise violate the rights of others,  including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Bloom Services or servers or networks used in connection with the Bloom Services; or (h) use the Bloom Services or Content other than for their intended purposes. 

Any use of the Bloom Services or Content other than as specifically authorized herein, without our prior  written permission, is strictly prohibited and will terminate the right of access and use granted herein. Such  unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark  laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing  in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or  other proprietary rights of Bloom or any third party, whether by estoppel, implication or otherwise.  

You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights  notices incorporated in or accompanying any Content and you will not reproduce, modify, adapt, prepare  derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or  otherwise exploit any Content. 

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently,  the Bloom Services (or any features or parts thereof) at any time. 

  1. Trademarks

The Bloom logo, and any other Bloom product or service names, trademarks, logos, or other indicia that  may appear on the Bloom Services (“Marks”) are the property of Bloom or its subsidiaries, affiliates or  third parties, and may not be copied, imitated or used, in whole or in part, without our prior written  permission. Nothing contained in these Terms and/or the Bloom Services shall be construed as granting, by  implication or otherwise, any license or right to use any such Marks without the prior written permission  of Bloom or such third party that may own such Marks.  

  1. Legal Requirements; Privacy Policy

Our Privacy Policy describes how we handle the personal information you provide to us when you use the  Bloom Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://bloomnu.com/pages/privacy-policy. 

  1. User Content

You are solely responsible and liable for all data, information and other materials (“User Content”) that  you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Bloom Services. In addition, we have no control over, and shall have no liability for, any damages resulting from  the use (including without limitation, republication) or misuse by any third party of information made public  through the Bloom Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY  USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL  HAVE NO LIABILITY THEREFOR.  

You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User  Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory,  libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or  racially, ethnically or otherwise objectionable; (b) Transmit any User Content: (i) that you do not have the  right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any  inside information or proprietary or confidential information; (ii) that infringes any patent, copyright,  trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any  third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,”  “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus  that is designed to disable, delete, modify, damage or erase software, hardware or data; or (c) forge headers  or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Bloom Services. 

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have  absolute discretion, to remove, screen or edit User Content posted or stored on the Bloom Services at any  time and for any reason, and you are solely responsible for creating backup copies of and replacing any  User Content you post or store on the Bloom Services at your sole cost and expense. 

  1. Rights in User Content

We do not claim any ownership interest in User Content. However, by uploading, posting or submitting  User Content to the Bloom Services or to our pages or feeds on third-party social media platforms  (e.g., Bloom’s Facebook page, LinkedIn page or Twitter feed), you hereby grant Bloom a nonexclusive,  royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce,  modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display  your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole  discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes. However, Bloom will only share  personal information that you provide in accordance with our Privacy Policy. 

You agree that Bloom may disclose or use any User Content for any purposes permitted under applicable  law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or  rules of any federal, state or local government or agency; (c) responding to claims that any User Content  violates the rights of third parties; or (d) protecting the rights or property of Bloom, its customers or the  public. 

  1. Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or  creative materials or other information about Bloom, or the Bloom Services (collectively, “Feedback”).  Feedback shall become the sole property of Bloom. Bloom shall own exclusive rights, including, without  limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use  and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or  compensation to you. 

  1. Third-Party Sites

We have not reviewed all of the websites linked to the Bloom Services and are not responsible for the  content of any third-party pages, any other websites linked to the Bloom Services, or any products or  services offered by third parties. Nothing in the Bloom Services, including, without limitation, any links to  other websites, should be construed as an endorsement by Bloom of any products, services or information  of any other persons or companies. Your choice to access a link to any other website is at your own risk,  and you agree to comply with all terms and conditions relating to such websites. Bloom reserves the right  not to link, or to remove the link, to a particular website at any time. 

Any links to third-party websites are provided as a convenience to you and are neither owned nor operated  by Bloom. We have no control over these linked websites and make no representations or warranties with  respect to these linked websites or third-party products or services. Your viewing and use of any third-party  websites is at your sole discretion and risk. 

  1. Indemnification

You shall indemnify, hold harmless, and, at Bloom’s option, defend Bloom and its affiliates and  subsidiaries from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’  fees) (“Losses”) incurred by Bloom resulting from any third-party claim, suit, action or proceeding relating  to or arising from your use of the Bloom Services, any User Content, any Feedback you provide, any  violation of these Terms by you, or any other act or omission by you, including your violation of any rights  of another, arising from your use of the Bloom Services or any of its features. You further agree  that Bloom shall have control of the defense or settlement of any third-party claims unless Bloom exercises  its option to require you to defend Bloom. This indemnity is in addition to, and not in lieu of, any other  indemnities set forth in a written agreement between you and Bloom. 

  1. General Disclaimers

THE BLOOM SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS  AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BLOOM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR  ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE 

BLOOM SERVICES; (B) CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH  THE TRANSMISSION OF INFORMATION TO OR FROM THE BLOOM SERVICES. BLOOM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT  LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM,  TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER  VIRUS. 

BLOOM DOES NOT REPRESENT OR WARRANT THAT THE BLOOM SERVICES WILL BE  ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE  BLOOM SERVICES OR THE SERVERS THAT MAKE THE BLOOM SERVICES AVAILABLE ARE  FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES.  BLOOM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE  INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE BLOOM SERVICES IS  ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE  BLOOM SERVICES IS AT YOUR SOLE RISK. BLOOM DOES NOT WARRANT THAT YOUR USE  OF THE BLOOM SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.  BLOOM SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. SOME JURISDICTIONS LIMIT  OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE  DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS  APPLICABLE TO YOU AND THESE TERMS. 

BY ACCESSING OR USING THE BLOOM SERVICES YOU REPRESENT AND WARRANT THAT  YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE  THE BLOOM SERVICES. 

  1. Limitation of Liability; Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BLOOM BE LIABLE  FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND  (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE  OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR  BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO  OR USE OF THE BLOOM SERVICES (INCLUDING, BUT NOT LIMITED TO, USER CONTENT  AND LINKS TO THIRD-PARTY WEBSITES), OR THE ORDER, RECEIPT OR USE OF ANY  PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT  LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY  INFORMATION OBTAINED FROM BLOOM, OR FROM EVENTS  BEYOND BLOOM’S REASONABLE CONTROL, REGARDLESS OF THE FORM OF ACTION,  WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE  NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR  EQUITABLE THEORY, EVEN IF BLOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH  DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE  MAXIMUM AGGREGATE LIABILITY OF BLOOM ARISING OUT OF OR IN ANY WAY RELATED  TO THE BLOOM SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING  LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF  THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE BLOOM’S SOLE  LIABILITY AND OBLIGATION IN RESPECT HEREOF.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER  CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND  TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO  EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF  KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER  SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” 

  1. Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO  ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH BLOOM AND LIMITS THE MANNER IN  WHICH YOU CAN SEEK RELIEF FROM US. 

YOU AND BLOOM AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF  OR RELATING IN ANY WAY TO THESE TERMS OR THE BLOOM SERVICES SHALL BE  FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN  ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES. 

Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows  for more limited discovery than in a court case; and the arbitration process and result is subject to very  limited review by courts. In an arbitration you have the right, at your expense, to be represented by an  attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a  court can award under these Terms. You and Bloom agree that any in-person arbitral hearing would occur  in the United States in the same county and state as your billing address. Bloom further agrees that your  filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You  agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and  enforcement of this provision, and that you and Bloom are each waiving the right to a trial by jury and/or  to participate in a class action. This arbitration provision shall survive termination of these Terms and the  termination of your use of the Bloom Services. Further, unless both you and Bloom agree otherwise, the  arbitrator may not join or consolidate more than one person’s claims with your claims and may not  otherwise preside over any form of a representative or class proceeding. If this specific provision is found  to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may  award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the  extent necessary to provide relief warranted by that party’s individual claim. 

  1. Class Action Waiver

REGARDLESS OF THE FORUM, YOU AND BLOOM AGREE THAT EACH MAY BRING CLAIMS  AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A  PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE  PROCEEDING. 

  1. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole  discretion, to terminate your right to access or use the Bloom Services at any time and for any or no reason,  and you acknowledge and agree that in such event we shall have no liability or obligation to you. 

  1. Governing Law and Jurisdiction

Bloom operates the Bloom Services from California, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement, shall be governed by the laws of the State of California, U.S.A., including its statutes of limitations, but  without reference to conflict or choice of law provisions. The International Convention on the Sale of  Goods, and other international treaties that are not mandatory with respect to contracts made and performed  entirely in California shall not apply. 

  1. Notice

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed  given when delivered to Bloom at the following contact: Bloomsupps@gmail.com. Any notices to you may  be made via either e-mail or postal mail to the address in Bloom’s records or via posting on the Bloom Services. You agree that any notices, agreements, disclosures or other communications that we send to you  electronically will satisfy any legal communication requirements, including, but not limited to, that such  communications be in writing. 

Persons with disabilities who need assistance accessing these Terms may contact us as provided for in this  Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms  in an alternative format. 

  1. Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or  provision will be severable from these Terms and will not affect the validity or enforceability of any  remaining part of that term, clause or provision, or any other term, clause or provision of these Terms. 

  1. Procedure for Making Claims of Copyright Infringement

If you believe in good faith that any of the content on the Bloom Services infringes your copyright, please  provide our copyright agent the following written information: (a) an electronic or physical signature of the  person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted  work that you claim has been infringed; (c) a description of where the material that you claim is infringing  is located on the Bloom Services; (d) your address, telephone number and email address; (e) 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; and (f) a statement by you, made under penalty of perjury, that the information in the  notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of  an exclusive right that is allegedly infringed. 

Bloom’s copyright agent for notice of claims of copyright infringement can be reached as follows: 

Bloom Nutrition LLC 

Attn: Privacy Compliance Officer 

PO BOX 1829  

Venice, CA 90291

United States  

  1. Miscellaneous

The Bloom Services are hosted in the United States of America. If you are located outside of the United  States of America and you contact us, please be advised that any information you provide to us will be  transferred to the United States of America and that by submitting information, you explicitly authorize  such transfer. These Terms constitute the entire agreement between you and Bloom relating to your access to and use of the Bloom Services. These Terms, and any rights granted hereunder, may not be transferred  or assigned by you without the prior written consent of Bloom. No waiver of any provision of these Terms  will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance,  and Bloom’s failure to assert any right or provision under these Terms shall not constitute a waiver of such  right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of  the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.