TERMS OF USE

 

Last Updated January 24, 2025

 

Welcome to Bloom Health PBC d/b/a Bloom!

 

  1. Acceptance of Terms

 

  • 1. Bloom Health PBC d/b/a Bloom (referred to as “Company” “us,” or “we”) provides the https://thebloomarmy.com/ website and the Bloom Mobile App (collectively referred to as the “Platform”) as well as information related to women’s health, menstrual cycle patterns, and ovulation (collectively referred to as “Offerings”), subject to your compliance with the following Terms of Use (“Terms”), our Privacy Policy (https://thebloomarmy.com/privacy-policy/), as well as any other written agreement(s) between us and you.

 

  • 2. These Terms establish a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR PLATFORM. Our Privacy Policy and other supplemental terms, policies or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference.

 

  • 3. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review our Platform policies and these Terms for modifications. Your continued use of our Platform and Offerings after any such modifications will constitute acknowledgment and acceptance of the modified Terms and policies.

 

  • 4. As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Platform and/or contents and Offerings available on our Platform.

 

  • 5. You must accept these Terms to create a Bloom user account and to access or use the Platform. If you do not have an account, you accept these Terms by using any part of the Platform. If you do not accept these Terms, do not create a Bloom user account or use the Platform.

 

  • 6. BY USING OUR PLATFORM AND OFFERINGS ON THIS PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT USE OUR PLATFORM OR OFFERINGS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR PLATFORM OR OFFERINGS AVAILABLE ON THIS PLATFORM, OR THESE TERMS, IS TO CEASE USING THE PLATFORM AND/OR OFFERINGS.

 

  1. Offerings

 

  • 1. The Company provides a number of Offerings for users on its Platform, including information related to women’s health, menstrual cycle patterns, and ovulation.

 

  • 2. You are solely responsible for providing, at your own expense, all equipment necessary to use the Platform and Offerings, including a computer and modem, your own Internet access, and payment of any service fees associated with such access.

 

  1. Disclaimers

 

  • 1. Although the Company works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Platform or Offerings available on this Platform.

 

  • 2. THE COMPANY DOES NOT OFFER OR PROVIDE ANY KIND OF MEDICAL ADVICE, HEALTH INSURANCE, OR OTHER HEALTHCARE SERVICE, INCLUDING WITHOUT LIMITATION, ANY COUNSELING, TESTING, EVALUATION, PRESCRIPTION, PROCEDURE OR THERAPY RELATED TO EXERCISE, NUTRITION, WEIGHT LOSS OR WELLNESS, MENTAL HEALTH OR RELATED TO THE AVOIDANCE, PREVENTION, DIAGNOSIS OR TREATMENT OF ANY INJURY, ILLNESS, DISEASE OR CONDITION (COLLECTIVELY, “HEALTHCARE SERVICES“).

 

  • 2.1. BLOOM BIRTH CONTROL USES AN ALGORITHM BASED ON A SCIENTIFICALLY VALIDATED METHOD. THE DEVICE HAS BEEN SHOWN TO BE UP TO 99% EFFECTIVE IN PREVENTING PREGNANCY WITH PERFECT USE BASED ON PRELIMINARY DATA. THIS EFFICACY IS COMPARABLE TO THAT OF THE BIRTH CONTROL PILL UNDER SIMILAR CONDITIONS OF PERFECT USE. HOWEVER, ACTUAL EFFECTIVENESS CAN VARY DEPENDING ON INDIVIDUAL USE AND ADHERENCE TO THE INSTRUCTIONS PROVIDED. BLOOM BIRTH CONTROL IS NOT CURRENTLY FDA-CLEARED AND IS NOT AVAILABLE FOR SALE IN THE UNITED STATES. THIS PRODUCT IS NOT INTENDED TO REPLACE MEDICAL ADVICE OR PROFESSIONAL GUIDANCE. USERS SHOULD CONSULT WITH A HEALTHCARE PROVIDER TO DETERMINE IF THIS METHOD IS APPROPRIATE FOR THEM. BLOOM CONCEIVE USES A PROPRIETARY ALGORITHM THAT HELPS IDENTIFY OVULATION AND MONITOR FERTILITY. BLOOM CONCEIVE IS NOT CURRENTLY FDA-CLEARED, IS NOT AVAILABLE FOR SALE IN THE UNITED STATES, AND SHOULD NOT REPLACE MEDICAL ADVICE OR PROFESSIONAL.

 

  • 3. THE PLATFORM MAY NOT BE APPROPRIATE FOR ALL PERSONS (INCLUDING ANY RECOMMENDATIONS AND ANY INFORMATION AVAILABLE THROUGH THE OFFERINGS THAT MAY APPEAR TO BE PERSONALIZED) AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES. THE SERVICE IS INTENDED ONLY AS A TOOL, WHICH MAY BE USEFUL IN ACHIEVING YOUR HEALTH GOALS. YOU ACKNOWLEDGE THAT YOUR DIET AND EXERCISE ACTIVITIES INVOLVE RISKS, WHICH MAY INVOLVE RISK OF BODILY INJURY OR DEATH, AND THAT YOU ASSUME THOSE RISKS. BEFORE ACCESSING OR USING THE PLATFORM, YOU AGREE TO RELEASE AND DISCHARGE THE COMPANY FROM ANY AND ALL ACTION, KNOWN OR UNKNOWN, ARISING OUT OF YOUR USE OF THE PLATFORM.

 

  • 4. YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL TO DETERMINE WHETHER THE SERVICE WOULD BE SAFE AND EFFECTIVE FOR YOU. YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE PLATFORM AGAINST MEDICAL ADVICE OR IF DOING SO MIGHT POSE ANY HEALTH RISK. IN THIS CONTEXT, YOU ACKNOWLEDGE THAT YOU TAKE FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE AND WELL-BEING, AS WELL AS THE HEALTH, LIVES AND WELL-BEING OF YOUR FAMILY AND CHILDREN (BORN AND UNBORN, AS APPLICABLE), AND ALL DECISIONS NOW OR IN THE FUTURE.

 

 

 

  • 5. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT WE ARE NOT PROVIDING MEDICAL ADVICE VIA THE SERVICE. ALL CONTENT PROVIDED THROUGH THE SERVICE, WHETHER PROVIDED BY US OR THIRD PARTIES (EVEN IF THEY ARE CLAIMING TO BE A DOCTOR) IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF:

 

  • 5.1. THE ADVICE OF YOUR PHYSICIAN OR OTHER PROFESSIONALS;

 

  • 5.2. A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONALS; OR

 

  • 5.3. INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.

 

  • 6. WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM YOUR USE OF THE PLATFORM. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL PROMPTLY. IF YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.
  • 7. YOUR USE OF THE PLATFORM DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE COMPANY.

 

  • 8. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS, THE COMPANY DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THE SERVICE. YOU ARE ENCOURAGED TO CONSULT WITH YOUR DOCTOR AND OTHER RELEVANT PROFESSIONALS WITH REGARD TO THE INFORMATION CONTAINED ON OR ACCESSED THROUGH THE PLATFORM.

 

  • 9. THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT CONTENT ON THE PLATFORM.

 

  • 10. THE DATA COLLECTED AND PRESENTED THROUGH THE PLATFORM IS INTENDED TO ASSIST YOU IN MONITORING YOUR HEALTH. IT IS NOT INTENDED TO MATCH THE ACCURACY OF MEDICAL DEVICES OR SCIENTIFIC MEASUREMENT DEVICES. IT’S IMPORTANT TO NOTE THAT WE DON’T ASSUME ANY RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, EFFECTIVENESS, OR PROPER USE OF THE INFORMATION YOU RECEIVE FROM THE PLATFORM.

 

  • 11. WE MAKE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCE, AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL. THE TESTIMONIALS AND EXAMPLES THAT MAY BE PROVIDED ON THE SERVICE ARE EXCEPTIONAL RESULTS, WHICH DO NOT APPLY TO AN AVERAGE PERSON (UNLESS OTHERWISE SPECIFIED), AND ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE WILL ACHIEVE THE SAME OR SIMILAR RESULTS, UNLESS OTHERWISE SPECIFIED DIRECTLY. THERE IS NO ASSURANCE THAT EXAMPLES OF PAST FITNESS RESULTS CAN BE DUPLICATED IN THE FUTURE. WE CANNOT GUARANTEE YOUR FUTURE RESULTS AND/OR SUCCESS. NOR CAN WE GUARANTEE THAT YOU MAINTAIN THE RESULTS YOU EXPERIENCE IF YOU DO NOT CONTINUE FOLLOWING OUR PROGRAMS.

 

 

 

  • 12. EACH INDIVIDUAL’S HEALTH DEPENDS ON A VARIETY OF FACTORS, INCLUSING BUT NOT LIMITED TO, THE INDIVIDUAL’S BACKGROUND AND LIFESTYLE. AS WITH ANY HEALTH-RELATED SERVICE, YOUR RESULTS MAY VARY, AND WILL BE BASED ON MANY VARIABLES, INCLUDING BUT NOT LIMITED TO, YOUR INDIVIDUAL CAPACITY, LIFE EXPERIENCE, AND GENETIC PROFILE. THE USE OF THE PLATFORM SHOULD BE BASED ON YOUR OWN DUE DILIGENCE AND YOU AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY SUCCESS OR FAILURE OF YOUR HEALTH THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE PURCHASE AND USE OF THE PLATFORM.

 

  1. Temporary Interruptions

 

  • 1. You understand and agree that temporary interruptions of the Platform may occur as normal events that are out of our control.

 

  • 2. You also understand and agree that we have no control over the third-party networks or services that we may use to provide you with the Offerings. You agree that the Offerings available on this Platform are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

 

  1. User Account

 

  • 1. In order to use the Platform, you may need to register your profile (“User Account”) and provide certain information about yourself as prompted by the Platform.

 

  • 2. If you register a User Account, you represent and warrant to the Company that:

 

  • 2.1. All required registration information you submit is truthful and accurate;

 

  • 2.2. You will maintain the accuracy of such information; and

 

  • 2.3. Your use of the Platform does not violate any applicable law or regulation or these Terms–otherwise, the Platform may not operate correctly, and we may not be able to contact you with important notices.

 

  • 3. By using the Platform, you represent and warrant that you have the right, authority and capacity to enter into these Terms and to abide by the terms and conditions of these Terms.

 

  • 4. The Company reserves the right to suspend or terminate your User Account, or your access to the Platform, with or without notice to you, in the event that you breach these Terms.

 

  • 5. You are responsible for maintaining the confidentiality of your User Account login information and are fully responsible for all activities that occur under your User Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your User Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

  1. Platform Conduct, Posting Policies, and Third Party Websites

 

  • 1. Your use of the Platform is subject to all applicable laws and regulations, and you are solely responsible for any comments, posts, and information you leave on the Platform.

 

 

  • 2. By posting information on or sharing information from the Platform, or by otherwise using any communications service, message board, newsgroup, or other interactive service available through the Platform, you agree that you will not post comments, messages, links, code or other information that:

 

  • 2.1. Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;

 

  • 2.2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

 

  • 2.3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

 

  • 2.4. Consists of unsolicited advertising, junk, spam, or bulk email, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

 

  • 2.5. Contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;

 

  • 2.6. Breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Platform, or attempts to gain access to other network or server via your account on this Platform; or

 

  • 2.7. Impersonates any person or entity, including any of our employees or representatives.

 

  1. No Endorsement

 

  • 1. The Company neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Platform. Although we do not pre-screen, police, or monitor information posted on the Platform, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Platform, or are otherwise harmful, objectionable, or inaccurate. You understand and agree that we are not responsible for any failure or delay in removing such postings.

 

  1. Third-Party Platforms and Information

 

  • 1. This Platform may redirect or link to other websites on the Internet, or may otherwise include references to information, products, or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such websites may contain information, material, or policies that some may find inappropriate or personally objectionable.

 

  • 2. You understand that we are not responsible for the accuracy, completeness, decency, or legality of content hosted by third-party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Platform or party by us, or any warranty of any kind, either express or implied.

 

  1. Company Intellectual Property

 

  • 1. For purposes of these Terms, “Company Content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Platform and is owned by Company or its Affiliates.

 

  • 2. By accepting these Terms, you agree that all content presented to you on this Platform is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of the Company and/or its Affiliates.

 

  • 3. The following are registered trademarks, trademarks, or service marks of the Company: Bloom HealthTM, Bloom ArmyTM, BloomTM, BLOOM BIRTH CONTROLTM (Serial No. 98135134), BLOOM CONCEIVETM (Serial No. 98135138), THE NEXT GENERATION OF WOMEN’S HEALTHTM (Serial No. 98135150), THE NEXT GENERATION OF BIRTH CONTROLTM (Serial No. 98135147), BLOOM BALANCETM (Serial No. 98135142).

 

  • 4. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of the Company or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of the Company or its Affiliates.

 

  • 5. Certain ideas, software and processes incorporated into the Offerings available on this Platform are protected by intellectual property law and/or patent applications pending in the United States, and we intend to prepare and file additional patent applications in selected foreign jurisdictions.

 

  1. Limitations on Users’ Use of Content

 

  • 1. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Platform in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Platform content violates our intellectual property interests and could result in criminal or civil penalties.

 

  1. Intellectual Property Violations

 

  • 1. Subject to our Privacy Policy, any communication that you transmit to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you grant us (including our employees and Affiliates), a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used.

 

  • 2. We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company Content or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c), et. seq. We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.

 

  • 3. If you believe that you or someone else’s intellectual property has been infringed by Company Content or User Content provided on this Platform, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately.
  • 4. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Platform is intended as a substitute for qualified legal advice.

 

  • 5. To file a DMCA Takedown Notice of Infringing Material, we ask that the Rights Holder (or an authorized agent) provide us the following information:

 

  • 5.1. Reasonably sufficient details about the nature of the intellectual property in question, or, in the case of multiple alleged infringements, a representative list of any applicable U.S. Copyright Registration numbers, U.S. Patent and Trademark Registration numbers, and URLs;

 

  • 5.2. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ intellectual property (for example, the URL of the page that contains the alleged infringing material);
  • 5.3. The Rights Holder’s name, address, phone number, and email so that we can contact them;

 

  • 5.4. A statement that the Rights Holder has a good faith belief that the use of the material identified is not authorized by the intellectual property owner, its agent, or the law;

 

  • 5.5. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and

 

  • 5.6. The Rights Holder’s electronic signature.

 

  • 6. Notice for intellectual property violations may be sent by mail or email to:

 

  • 6.1. Bloom Health PBC

ATTN: Intellectual Property Agent

℅ Registered Office Service Company

614 N Dupont Hwy, Ste. 210

Dover, DE 19901

 

With “ATTN: Intellectual Property Agent” in the subject line

 

  1. DMCA Counter-Notification

 

  • 1. If material that you have posted to our Platform has been taken down, you may file a counter-notification that contains the following details:

 

  • 1.1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

 

  • 1.2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;

 

  • 1.3. Your name, address, phone number, and email;

 

  • 1.4. A statement that you consent to the jurisdiction of the federal district court in [insert state], and that you will accept service of process from the person who provided notification in compliance with Section 512 (c)(1)(C) of the DMCA, or an agent of such person; and

 

  • 1.5. Your physical or electronic signature.

 

  • 2. DMCA counter-notifications may be sent by mail or email to:

 

  • 2.1. Bloom Health PBC

ATTN: Intellectual Property Agent

℅ Registered Office Service Company

614 N Dupont Hwy, Ste. 210

Dover, DE 19901

 

With “ATTN: Intellectual Property Agent” in the subject line

 

  • 3. You also acknowledge and agree that upon receipt of a notice of a claim of intellectual property infringement, we may temporarily or permanently remove the identified materials from our Platform without liability to you or any other party.

 

  1. Permission to Use Your Story

 

  • 1. If you selected “yes” when asked “Do you consent to us sharing your story on social media?” on the Share Your Story Form on our Platform, you give us permission to use your Publicity Rights and information you submitted to us through the Share Your Story Form for commercial purposes to advertise and promote the Company.

 

  • 2. “Publicity Rights” mean an individual’s descendible, transferable-upon-death property interest in the individual’s name, voice, signature, photograph, image, likeness, distinctive appearance, gestures, mannerisms, or other unequivocally identifying features, each of which contains inherent commercial value.

 

  1. Confidential Information

 

  • 1. As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our our Privacy Policy at https://thebloomarmy.com/privacy-policy/). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions, or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Company and will not be returned to you.

 

  1. Email Services and Stored Data

 

  • 1. We may make email services available to users of our Platform, either directly or through a third-party provider. We will not inspect or disclose the contents of private email messages except with the consent of the sender or the recipient, or in the narrowly defined situations provided under the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et. seq. or as otherwise required by law or by court or governmental order. Further information is available in our Privacy Policy (https://thebloomarmy.com/privacy-policy/).

 

  1. Spam Prevention

 

  • 1. We use automated tools or techniques to protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of malicious or harmful content. However, such tools or techniques are not perfect, and we therefore are not responsible in cases where legitimate communications are accidentally blocked, or unsolicited communications get through to the email you use to access our Platform.

 

  1. Storage Provided by Us

 

  • 1. If you opt to store personal data of any kind on our Platform, you understand and agree to abide by our general practices and limits concerning use of the Offerings available on our Platform, including without limitation the maximum number of days that uploaded content will be retained, the maximum disk space that will be allotted, and the maximum number of times you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Platform. You acknowledge that we reserve the right to remove or terminate accounts which have not paid a subscription fee (if applicable), that remain inactive for longer than 1 year, or in cases where you have violated one or more terms of this Agreement.

 

  1. Disclosure to Third Party Affiliates

 

  • 1. The information we obtain through your use of the Platform, including information from your User Account, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

 

  • 2. Users and/or beta testers may access the Platform to participate in the collection of research data and for research purposes. We reserve the right to utilize the data Platform users voluntarily provide while accessing the Platform for research purposes and other purposes in accordance with our Privacy Policy.

 

  1. “As Is” Warranty

 

  • 1. ALL CONTENT AND OFFERINGS ON OUR PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS 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.

 

  • 2. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:

 

  • 2.1. THE CONTENT, OFFERINGS, OR PLATFORM WILL MEET YOUR REQUIREMENTS;

 

  • 2.2. THE CONTENT, OFFERINGS, OR PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

 

  • 2.3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT, OFFERINGS, OR PLATFORM WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; AND/OR

 

 

 

  • 2.4. THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE PLATFORM FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

 

  • 3. OUR PLATFORM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS ON OUR PLATFORM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE ON OUR PLATFORM MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR OFFERINGS.

 

  • 4. THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

 

  • 5. THROUGH YOUR USE OF THE PLATFORM, YOU MAY HAVE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS AND VENDORS. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY PRODUCTS OR OFFERINGS PROVIDED BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES RELATING TO SUCH TRANSACTIONS, ARE AGREED TO SOLELY BETWEEN THE SELLER OF SUCH MERCHANDISE AND YOU.

 

  • 6. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

 

  • 7. WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN ANY APPLICABLE PRICING STRUCTURES, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES, OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THIS PLATFORM SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.

 

  • 8. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

 

  1. Limitation of Liability and Indemnification

 

  • 1. Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Platform shall be limited to the amount you paid us for Offerings purchased on the Platform during the 30 day period before the act or omission giving rise to any liability.
  • 2. IN NO EVENT SHALL WE OR OUR AFFILIATES 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, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA LOSS, OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS PLATFORM.

 

  • 3. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

 

  • 4. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

 

  • 5. You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Platform. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

  1. Grounds for Termination of Use

 

  • 1. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Platform with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Platform, and reporting you to the proper authorities, if necessary.

 

  1. No Right to Offerings Upon Termination

 

  • 1. Upon termination and regardless of the reasons motivating such termination, your right to use the Offerings available on this Platform will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. These Terms, as well as your liability for any unpaid fees, if applicable, shall survive any termination.

 

  1. Miscellaneous Provisions

 

  • 1. Notices. All notices to us shall be in writing and sent either via email or conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Notices to us must be sent to the attention of Customer Service by mail or email to:

 

  • 1.1. Bloom Health PBC

ATTN: Customer Service

℅ Registered Office Service Company

614 N Dupont Hwy, Ste. 210

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  • 2. Arbitration.

 

  • 2.1. YOU UNDERSTAND AND AGREE THAT THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL BE RESOLVED THROUGH BINDING ARBITRATION UTILIZING RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) THROUGH VIRTUAL MEANS WITH A [INSERT STATE] ARBITRATOR PRESIDING OVER THE DISPUTE.

 

  • 2.2. IF ANY AAA (DEFINED ABOVE) RULE CONFLICTS WITH ANY PROVISION WITHIN THESE TERMS OF USE, THIS AGREEMENT WILL SUPERSEDE THE CONFLICTING AAA RULE.

 

  • 2.3. SELECTION OF THE ARBITRATOR MUST BE AGREED UPON IN WRITING BY THE PARTIES AT LEAST 30 CALENDAR DAYS BEFORE ANY ARBITRATION PROCEEDING TAKES PLACE.

 

  • 2.4. THE CONDUCT OF ALL ARBITRATORS AND TESTS FOR THEIR ELIGIBILITY SHALL BE GOVERNED BY AAA (DEFINED ABOVE) RULES, SUBJECT TO SECTION 23.2.2. ABOVE.

 

  • 2.5. YOU AGREE THAT, IN THE EVENT THAT YOU PARTICIPATE IN ANY ARBITRATION PROCEEDING PURSUANT TO THESE TERMS OF USE, THE DECISION BY THE ARBITRATOR WILL BE FINAL AND BINDING.

 

  • 2.6. THE PARTY REQUESTING RELIEF SHALL PAY ALL COSTS, FEES, OR EXPENSES DUE AND PAYABLE FOR INITIATING ARBITRATION SERVICES ARISING UNDER THIS SECTION 23.2. ALL OTHER COSTS, FEES, OR EXPENSES DUE AND PAYABLE FOR ARBITRATION SERVICES UNDER THIS SECTION 23.2. SHALL BE SPLIT EVENLY BETWEEN THE PARTIES UNTIL A JUDGMENT IS RENDERED BY THE AAA.

 

  • 3. International Use. Although this Platform may be accessible worldwide, we make no representation that materials on this Platform are appropriate or available for use in locations outside the United States. Those who choose to access this Platform from other locations do so on their own initiative and at their own risk. If you choose to access this Platform from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Platform is void where prohibited.

 

  • 4. No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Platform, or use of or access to this Platform or Offerings provided through this Platform, beyond the limited rights granted to you under Section 10. (titled “Limitations on Use of Users’ Content”) of these Terms.

 

  • 5. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Offerings available through our Platform arising from any event beyond our reasonable control, whether or not foreseeable by us or you, including but not limited to, pandemic, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

  • 6. Governing Law. This Platform (excluding any Third Party websites) is controlled by us from our offices in [insert state], and these Terms shall be governed by, and construed in accordance with, the laws of the [insert state] without regard to the conflicts of laws principles.

 

  • 7. Jurisdiction and Venue. By using our Platform, you consent to the jurisdiction of the federal and state courts serving [insert state] and the Parties agree that any legal proceeding arising out of or in connection with these Terms must be brought, subject to Section 23.2. titled “Arbitration,” solely in the federal or state courts located in [insert state]. By using our Platform, you agree to waive objections based on the grounds of lack of jurisdiction or forum non-conveniens to the exercise of [insert state] federal and state courts’ jurisdiction over you.

 

  • 8. Integration. These Terms and all incorporated policies constitute the entire agreement and understanding between the parties concerning the subject matter contained within and supersedes all prior agreements and understandings of the parties. These Terms may NOT be altered, supplemented, or amended by the use of any other documents. To the extent that anything in or associated with the Platform is in conflict or inconsistent with these Terms, these Terms shall take precedence.

 

  • 9. Binding Effect. These Terms shall be binding upon the parties and any permitted successors, heirs, assigns, executors, and administrators.

 

  • 10. Severability. If any provision within these Terms is deemed unenforceable by a court of competent jurisdiction, that provision is deemed severable and the remaining provisions shall remain in effect.

 

  • 11. No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

 

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