These terms of service outline the rules and regulations for the use of Bloom Xtracts website, located at http://bloomxtracts.com.
ACCEPTANCE OF TERMS
By accessing this website we assume you accept these terms and conditions. Do not continue to use Bloom Xtracts if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions: "Client", "You" and "Your" refers to you, the person logged on this website. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Bloom Inc. (“Bloom Xtracts”). "Party" or "Parties" refers to both You and Us. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
We make this website (the "Site"), including all information, documents, communications, files, images, text, videos, audio files, graphics, software and products available through the Site (collectively, the "Materials") and all services operated by Us and third parties through the Site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that We may publish from time to time (collectively, the "Terms and Conditions" or "Agreement").
You must be at least 18 years old to be eligible to use the Services or to purchase any products on or through the Site (and 21 years of age for designated venues where the age of majority is 21). By browsing this Site or placing any orders through the Site, you present that you are 18 years old or have otherwise reached the age of majority in your jurisdiction. In addition, this Site is provided only to residents of the United States. By browsing this Site or placing any orders through it, you represent that you are a resident of the United States and are physically in the United States at the time of your accessing the Site or placing orders through it.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms and Conditions. Except as expressly provided herein, We do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
In addition to the Materials and Services offered by Us, this Site may also make available materials, information, products and services provided by third parties (collectively, the "Third Party Services"). The Third Party Services may be governed by separate license agreements that accompany such services. We offer no guarantees and assume no responsibility or liability of any type with respect to the Third Party Services or products accessible through them. You agree that you will not hold Us responsible or liable with respect to the Third Party Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print Our Content available on this Site subject to the following conditions:
Our Content may not be modified or altered in any way.
You may not remove any copyright or other proprietary notices contained in Our Content.
We reserve the right to revoke the authorization to use this Site at any time, and any such use shall be discontinued immediately upon notice from Us.
The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, and print Our Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
The trademarks, logos, and service marks, including the Bloom Xtracts trademarks (the "Marks") displayed on this Site are Our property or the property of other third parties. You are not permitted to use the Marks without Our prior written consent or the consent of such third party that may own the Marks.
LICENSE TO US FOR USER CONTENT
By submitting any User Content (such as product reviews or any other posts or content that may be submitted by You or any other user of the Site) to or through the Site you grant Us the following type of license: You grant Us a worldwide, royalty-free, non-exclusive license to modify and reproduce such User Content in any manner.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to email@example.com.
You may submit only User Content to/through the Site, that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from transmitting User Content that contain any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site. We may (but is not obligated to) monitor your conduct, to determine whether you are violating the terms and conditions of this Agreement.
In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another's account, password, service, or system without authorization from Us; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any linked sites.
MANAGING CONTENT AND COMMUNICATIONS
We reserve the right, in Our sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. To the maximum extent permitted by law, We will have no liability related to your User Content. We may, for example, delete all your User Content without any notice or liability to you. You agree and represent that you are entirely responsible for all User Content that you upload or transmit/send through the Site.
WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and Us or you and a third party with respect to such party's materials or services, this Site, and all Materials and Services accessible through this Site, are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, We make no warranty that (i) the Services and Materials (including products sold on or through the Site) will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials (including products sold on or through the Site) will be effective, accurate, or reliable; (iv) the quality of any Services or Materials obtained or accessible by you through the Site will meet your expectations; and (v) any errors in the Services or Materials obtained through the Site, or any defects in the Site, its Services or Materials, will be corrected. You understand and acknowledge that We make absolutely no representations or warranties about the products sold or on or through the Site, nor do we make any representations about any medical or other benefits relating to the products sold on or through the site. You agree that you will consult with your own medical provider to determine the safety and directions with respect to any of the products sold on or through the Site. No advice or information, whether oral or written, obtained by you from Us shall create any warranty not expressly stated in these Terms and Conditions. You agree that we shall not be liable to you for any injury or death caused directly or indirectly by any of the products sold on or through the Site.
PERSONAL INFORMATION AND PRIVACY
LIMITATION OF LIABILITY
In no event, including, without limitation, negligence, shall Bloom Xtracts, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, from your purchase or use of any of the products sold on or through the Site, loss of use, data, or profits, whether or not We has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the products sold on or through the Site, the statements or actions of any third party on or through the Site, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO US DURING THE 12-MONTH PERIOD PRIOR TO THE CLAIM.
YOU AGREE AND UNDERSTAND THAT BLOOM XTRACTS SELLS PRODUCTS SOME OF WHICH ARE INTENDED FOR USE FOR CONSUMPTION BY HUMANS. YOU AGREE THAT YOU HAVE REVIEWED THE INGREDIENTS FOR ALLERGY CONTENT AND OTHERWISE ON ALL OF BLOOM XTRACTS PRODUCTS PRIOR TO PURCHASE. YOU AGREE THAT YOU ASSUME THE RISK OF CONSUMING ANY OF BLOOM XTRACTS PRODUCTS.
Please Note: The content and information on this website regarding CBD or Hemp Extract or health-related benefits of certain ingredients is for educational purposes only and is in no way intended and should not be interpreted as medical advice to cure, treat, diagnose, or prevent any disease or health condition.
The information presented is not meant to substitute the advice provided by your personal physician or other medical professionals. Do not use the information found on this website to self-diagnose any medical conditions or treat any health issues or diseases.
This information has not been evaluated by the Food and Drug Administration.
THE PRODUCTS OFFERED ON OR THROUGH THIS SITE ARE NOT FOR USE BY OR SALE TO PERSONS UNDER THE AGE OF 18. YOU ARE NOT PERMITTED TO PURCHASE THESE PRODUCTS IF YOU ARE UNDER THE AGE OF 18 OR FOR THE CONSUMPTION OR USE OF ANY PERSON UNDER THE AGE OF 18. THE PRODUCTS MUST BE USED ONLY AS DIRECTED ON THE LABEL AND ONLY IN CONSULTATION WITH YOUR HEALTHCARE PROFESSION. THE PRODUCTS SHOULD NOT BE USED IF YOU (OR ANYONE INTENDING TO USE THE PRODUCTS) ARE PREGNANT OR NURSING. CONSULT WITH A PHYSICIAN BEFORE USE IF YOU HAVE ANY MEDICAL CONDITION OR IF YOU ARE TAKING ANY PRESCRIPTION MEDICATIONS. A DOCTOR’S ADVICE SHOULD BE SOUGHT BEFORE USING THIS AND ANY SUPPLEMENTAL DIETARY PRODUCT. THESE STATEMENTS (AND STATEMENTS ON THE SITE AND PRODUCTS) HAVE NOT BEEN EVALUATED BY THE FDA. THE PRODUCTS AVAILABLE ON OR THROUGH THIS SITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR MEDICAL CONDITIONS. WE CANNOT AND DO NOT MAKE ANY REPRESENTATIONS WHATSOEVER ABOUT THE RESULTS WHICH MAY BE OBTAINED BY USING THESE PRODUCTS.
You agree to defend, indemnify and hold harmless Bloom Xtracts, its independent contractors, service providers and consultants, and their respective owners, directors, employees and agents, from and against any third party claims, damages, loss, liability, costs and expenses (including, but not limited to, reasonable attorney's fees) arising out of your use of the Site or the products sold on or through the Site, including without limitation any actual or threatened suit, demand, or claim made against Bloom Extracts or its employees, agents, owners, directors, independent contractors, service providers, or consultants, arising out of or relating to your conduct, your violation of this Agreement, your violation of the rights of any third party or any law respecting third parties, or your use of any of the products sold on or through the Site.
GOVERNING LAW, JURISDICTION
This Agreement is governed in all respects by the laws of the State of Colorado without regard to conflict of laws provisions. SUBJECT TO THE REQUIREMENT TO SUBMIT TO ARBITRATION, BY ACCEPTING THIS AGREEMENT, YOU ACCEPT AND CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS IN COLORADO. THE PARTIES HEREBY WAIVE THEIR RIGHT TO A TRIAL BY JURY OF ANY CLAIMS OR CONTROVERSIES ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SITE OR THE PRODUCTS SOLD ON OR THROUGH THE SITE. IN ADDITION, ANY CONTROVERSY OR CLAIM SHALL BE LITIGATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY (INCLUDING, BUT NOT LIMITED TO, BY MEANS OF CLASS ACTION LAW SUITS).
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SITE OR YOUR PURCHASE OR USE OF ANY OF THE PRODUCTS SOLD ON OR THROUGH THE SITE (COLLECTIVELY, “DISPUTES”) WILL BE SETTLED BY BINDING ARBITRATION BETWEEN YOU AND US, EXCEPT THAT EACH PARTY RETAINS THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF A PARTY’S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS. AS NOTED ABOVE, YOU ACKNOWLEDGE AND AGREE THAT YOU AND BLOOM XTRACTS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND BLOOM XTRACTS OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. THIS “DISPUTE RESOLUTION” SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES (THE “AAA RULES”) THEN IN EFFECT. THE ARBITRATION PROCEEDINGS SHALL TAKE PLACE IN COLORADO.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE OR YOUR USE OR PURCHASE OF ANY PRODUCTS SOLD ON OR THROUGH THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.