This End User License and Terms of Use Agreement (“Agreement<\/strong>“) governs your (“you<\/strong>“, “your<\/strong>” or “User<\/strong>“) use of the Bloom mobile app software (“Software<\/strong>“) and related services provided by Hollander Management Group, LLC d\/b\/a Bloom Medicinals (“we<\/strong>“, “us<\/strong>” or “our<\/strong>“) designed to operate on your smartphone, tablet, or other mobile computing device (“Mobile Device<\/strong>“). You should also read our Privacy Policy available here, and which may be updated from time to time and effective upon posting, and which is incorporated by reference into this Agreement (“Privacy Policy<\/strong>“).<\/p>\n BY CLICKING THE “I AGREE” (OR “SUBMIT” OR SIMILAR BUTTON), OR DOWNLOADING AND INSTALLING OR USING THE SOFTWARE, OR USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND YOU UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 17 YEARS OF AGE OR OLDER, OR OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION, YOU SHOULD DELETE IT FROM YOUR MOBILE DEVICE.<\/p>\n IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SOFTWARE OR THE SERVICES. IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, AND ALSO CONTAINS A CLASS ACTION WAIVER. Please carefully review Sections 26-27 of this Agreement for more information.<\/p>\n Through the Software, we provide access to our proprietary software platform that enables users to keep track of their points (“Services<\/strong>“).<\/p>\n Use of the Software may be prohibited or restricted in certain countries or regions. You acknowledge that you may not be able to access all or some of the Software features and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries or regions. If you access the Software from outside the United States, you are responsible for compliance with local laws.<\/p>\n Any use of the Software in any manner not allowed under this Agreement or, for users of Apple-manufactured devices (e.g., iPhone, iPad, etc., or other devices using the iOS platform) the Apple LSEULA (see Section 32 below), including, without limitation, resale, transfer, modification, reverse engineering, or distribution of the Software is prohibited. This Agreement does not entitle you to receive and does not obligate us to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Software.<\/p>\n You acknowledge that when you download, install or use the Software, we may use automatic means (including, but not limited to, cookies and web beacons) to collect information about your Mobile Device and about your use of the Software. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Software or certain of its features or functionality, and the Software may provide you with opportunities to share information about yourself with others. By downloading, installing, using and providing information to or through this Software, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.<\/p>\n Use of the Software and any of your information or content collected, transmitted or stored in connection with the Software is limited to the functionality of the Software. In no event may the Software be used in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of others; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access our proprietary information that is not authorized by us; (d) uses or launches any automated system to access our website or computer systems; (e) attempts to introduce viruses, Trojans, worms, malware, or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (f) attempts to gain unauthorized access to our or our service provider’s computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or would give rise to civil liability; (h) “stalks” or otherwise harasses any person; (i) uses any robot, spider, site search\/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Software or its contents; (j) asks users or uses users to conceal the identity, source, or destination of any illegally gained money or products; (k) collect usernames and\/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Software; (l) forges headers or otherwise manipulates identifiers in order to disguise the origin of any information transmitted to or through the Software (either directly or indirectly through use of third party software); (m) “frames” or “mirrors” any part of the Software, without our prior written authorization; (n) uses meta tags or code or other devices containing any reference to us or the Software (or any of our trademarks, trade names, service marks, logos, or slogans) to direct any person to any other website for any purpose; or, (o) otherwise violates this Agreement. we reserve the right, in its sole discretion, to terminate this Agreement, request that you remove the Software from your Mobile Device for any reason, including, but not limited to, our reasonable conclusion that you have violated this Agreement. We may terminate or suspend your account at any time without notice if we believe that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in-app purchases. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your User Account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.<\/p>\n Content which, where allowed by us, you are able to post, upload, publish, link to, transmit, record, display, or otherwise make available, or permit your voice to be recorded (collectively, “post” (whether or not capitalized)) on our Website or via the Software, including, but not limited to, text, text messages, profile text, chat, videos (including streaming videos), photographs, or artwork, whether publicly posted or privately transmitted (collectively, “content” (whether or not capitalized)), may appear on other user’s Mobile Devices or computers. You are responsible for all content that you post through or download from the Software. <\/p>\nYou agree to comply with the following “Community Guidelines”: By using by posting or transmitting content on or through our Website or the Software, you:<\/p>\n If you believe that any content on the Software violates this Agreement or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. \u00a7512). <\/p>\n In the case of an alleged infringement, in order for us to act you will need to provide us with the following information:<\/p>\n We may request additional information before we remove allegedly infringing material.<\/p>\nYou may report a copyright violation by providing the above information to the designated agent listed below: We will terminate the User Account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a User who has been notified of infringing activity more than twice and\/or has had Content removed from the Software more than twice.<\/p>\n The Software is for personal use only. Users may not use the Software or any content contained in the Software (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors other than in connection with the Services, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by us or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Organizations, companies, and\/or businesses may not use the Software for any purpose. We may investigate and take any available legal action in response to illegal and\/or unauthorized uses of the Software, including collecting usernames and\/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Software.<\/p>\n You acknowledge and agree that the Software is provided under license, and not sold, to you. You do not acquire any ownership interest in the Software under this Agreement, or any other rights thereto other than to use the Software in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. We and our licensors and service providers reserve and shall retain their entire right, title and interest in and to the Software, including all copyrights, trademarks, other intellectual property rights and all other rights therein or relating thereto, except as expressly granted to you in this Agreement. All rights not specifically granted herein are reserved by us.<\/p>\n TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL WE BE LIABLE TO YOU WITH RESPECT TO (1) USE OF THE SOFTWARE, CONTENT, OR SERVICES OR (2) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID US IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CLAIM FOR LIABILITY AROSE, OR US$100.00, AND (B) IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY SERVICES THAT THE SOFTWARE MAY DIRECT YOU TO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA, BREACH OF PRIVACY OR SECURITY, TRANSMISSION OF PERSONAL DATA, FAILURE OR MALFUNCTION OF YOUR MOBILE DEVICE, EMOTIONAL DISTRESS, AND\/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SOFTWARE. <\/p>\n You agree to defend, indemnify, and hold harmless (at our option) us and our employees, contractors, officers, directors and successors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees and costs) that arise from your use or misuse of the Software or the Services, violation of this Agreement or violation of any rights (including, but not limited to intellectual property rights, right of privacy, right of publicity, etc.) 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 will cooperate at your own expense in asserting any available defenses. Your indemnification obligations extend to any allegations of copyright infringement, violation of the Digital Millennium Copyright Act or other law based on your importation, exportation, manipulation, modification, distribution, sale or other use of text, still images, photos, images or photos, audio or video recordings, including any of the foregoing that have been digitally created or altered. You agree to cooperate with us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter (including settlement) subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.<\/p>\n You acknowledge that we, not Apple, Inc. or Google, are responsible for addressing any claims of the end-user or any third party relating to the Software or your possession and\/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and, (iii) claims arising under consumer protection or similar legislation.<\/p>\n You agree to comply with all applicable third party terms of agreement when using the Software.<\/p>\n In order to assure consistency in the interpretation of this agreement, this Agreement is governed exclusively by the laws of the State of Florida without giving effect to its conflict of law rules. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. The parties further agree that the place of contract and performance of this Agreement is the location of our headquarters. Subject to the Arbitration Agreement in Section 26 below, you consent to the exclusive venue and personal and subject matter jurisdiction in the courts of Palm Beach County, Florida.<\/p>\n The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is for any reason held unenforceable or invalid, then this Agreement shall be construed as if such provision were not contained in this Agreement.<\/p>\n Except to the extent such rights cannot be restricted by applicable law, you shall not assign, sublicense, convey or transfer (collectively, “assign<\/strong>“) this Agreement (whether by contract, merger or operation of law) without our prior written consent, and any such attempt by you to assign any rights, duties, or obligations hereunder shall have no power or effect, and is subject to our right to immediately terminate this Agreement, the license granted hereunder, and your access to your account. We may freely assign this Agreement and any of your information, posts and content.<\/p>\n Other than to the extent prohibited by law, any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under this Agreement or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.<\/p>\n This Agreement, including, but not limited to, the Privacy Policy (and updates to the foregoing), and any other terms agreed to by way of your express consent or your use of the Website or the Services shall constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter. In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration. The failure of us to exercise or enforce any right or provision of this Agreement, including any failure to act with respect to a breach, will not constitute a waiver of such right or our right to act with respect to subsequent or similar breaches. The headings of sections and paragraphs in this Agreement are for convenience only and shall not affect its interpretation.<\/p>\n We may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including, but not limited to, by email, regular mail, SMS, MMS, text message, messages to you in your account profile, or postings in the Software. Such notices may not be received if you violate this Agreement by accessing the Software in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Software in an authorized manner.<\/p>\n Should you wish to contact us with any questions, complaints or claims with respect to the Software or the Services, our contact information is: Hollander Management Group, LLC, d\/b\/a Bloom Medicinals, Attn: Jose Patino; Address: 129 NW 13th Street, Suite 27, Boca Raton, FL 33432, USA; Email: info@bloommedicinals.com.<\/p>\n\t If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.<\/p>\n For users of Apple-manufactured devices (or other devices using the iOS platform), the following terms of this Section 31 shall apply. <\/p>\n\n\t\tChanges to the Agreement.\n\t<\/h5>\n\t
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\n\t\tServices\n\t<\/h5>\n\t
\n\t\tGeographic Restrictions\n\t<\/h5>\n\t
\n\t\tAllowable Uses of the Software\n\t<\/h5>\n\t
\n\t\tAccount Creation and Security.\n\t<\/h5>\n\t
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\n\t\tAvailability; Data and Information\n\t<\/h5>\n\t
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\n\t\tCollection and Use of Your Information\n\t<\/h5>\n\t
\n\t\tUpdates\n\t<\/h5>\n\t
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\n\t\tYour Acceptable Use\n\t<\/h5>\n\t
\n\t\tContent you Post\n\t<\/h5>\n\t
\nYou may not post content that:\n\n
\n\t\tDigital Millennium Copyright Act (“DMCA”) Notice\n\t<\/h5>\n\t
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\nHollander Management Group, LLC, d\/b\/a Bloom Medicinals
\nAttn: Jose Patino
\nAddress: 129 NW 13th St., Suite 27, Boca Raton, FL 33432
\nEmail: info@bloommedicinals.com\n\n\t\tNo Commercial Use by Users\n\t<\/h5>\n\t
\n\t\tCooperation with Law Enforcement and Government Agencies; Required Disclosures\n\t<\/h5>\n\t
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\n\t\tIntellectual Property; Reservation of Rights\n\t<\/h5>\n\t
\n\t\tLimitation of Liability\n\t<\/h5>\n\t
\n\t\tWarranty Disclaimer. \n\t<\/h5>\n\t
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\n\t\tIndemnification\n\t<\/h5>\n\t
\n\t\tIntellectual Property Rights\n\t<\/h5>\n\t
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\n\t\tProduct Claims\n\t<\/h5>\n\t
\n\t\tThird Party Terms of Agreement\n\t<\/h5>\n\t
\n\t\tGoverning Law\n\t<\/h5>\n\t
\n\t\tWaiver\/Severability\n\t<\/h5>\n\t
\n\t\tAssignment\n\t<\/h5>\n\t
\n\t\tMandatory Arbitration; Arbitration Agreement.\n\t<\/h5>\n
\n\t\tMANDATORY BINDING ARBITRATION\n\t<\/h5>\n\t
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\n\t\tClass Action Waiver\n\t<\/h5>\n\t
\n\t\tAgreement\n\t<\/h5>\n\t
\n\t\tNotice\n\t<\/h5>\n\t
\n\t\tContact Information\n\t<\/h5>\n\t
\n\t\tIncorporation of Apple. Inc. Licensed Software End User License Agreement\n\t<\/h5>\n\t
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