Introduction
Welcome to Bloom (“Bloom”, “we”, “us” or “our”). Through our https://bloommarijuana.com website (“Website”) we provide cannabis products (“Products”) and related information (collectively, “Services”).
Your use of our Website and our Services, and purchase of our Products is governed by these Terms of Use and our privacy policy (available at Privacy Policy, which may be amended from time to time and effective upon posting, and which is incorporated by reference herein (“Privacy Policy”) (collectively, these “Terms”). If you have downloaded and installed our mobile app (“Mobile App”) these Terms also incorporate by reference our Mobile App End User License Agreement (and updates thereto). References to “Users”, “you” or “your” mean you as a casual visitor, someone who has created a user account for receiving information from us, or as a customer, as applicable. The Terms apply to you as applicable to the type of user you are.
IMPORTANT – PLEASE READ CAREFULLY:
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AND SERVICES AND THE PURCHASE AND SALE OF OUR PRODUCTS. BY ACCESSING OR USING THE WEBSITE OR SERVICES, OR PURCHASING OUR PRODUCTS, YOU ARE ACCEPTING THESE TERMS.
By clicking the “Create Account” button on our Create Account webform, or by using the Website or the Services, you indicate that these Terms (including the Privacy Policy) are a binding agreement between us and you as a user of the Website and/or the Services.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE WEBSITE OR THE SERVICES. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, AND ALSO CONTAINS A CLASS ACTION AND JURY TRIAL RIGHT WAIVER. Please carefully review Sections 17-19 of these Terms for more information.
Changes to the Terms
We regularly update and improve our Website, Products, and Services, and we may at times add, change, or remove features, and these Terms may also need to change. The current version of these Terms will be posted on our Website and will be effective immediately upon posting. By continuing to use the Website or Services, or purchase our Products following any such change, you accept and agree to be bound by such modified Terms. Any amendment or modification to the: (i) arbitration, class action wavier, waiver of jury trial, or any other provisions applicable to dispute resolution (see the “Dispute Resolution” section below) shall not apply to any Disputes arising prior to the applicable amendment or modification, or (ii) pricing and/or billing provisions (see the “Billing” section below) shall not apply to any charges incurred prior to the applicable amendment or modification.
If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Privacy
Personal Information. We will maintain and use your “Personal Information” as defined in and according to our Privacy Policy, and which may be modified from time to time in our discretion, which modifications are effective as of the date posted on our Website. Your continued access or use of the Website or purchase or use of our Services indicates that you agree with such modifications.
Use By Minors. We do not knowingly collect or solicit Personal Information from children under 18 (or 21 where legally required) (“Legal Age”). If you under Legal Age, please do not attempt to register for the Services or send any Personal Information about yourself to us. If we learn we have collected Personal Information from someone under the Legal Age, we will delete that information as quickly as possible. If you believe that someone under the Legal Age may have provided us Personal Information, please contact us.
Account Creation and Responsibilities
Our Website, Products, and Services are intended for access and use by individuals who are at Legal Age and who possess a valid medical marijuana registration card in [Ohio], if legally required. By agreeing to these Terms you represent (i) that you are at least of Legal Age and reside in [Ohio] and possess a valid medical marijuana registration card in [Ohio], if legally required, (ii) you are the person whose name and other information have been provided for the account that you have or are creating, (iii) that your account has not previously been suspended or terminated, and (iv) that your registration and your purchase of Products and/or use of the Services is in compliance with any and all applicable laws and regulations.
All of the information that you supply to us in creating your User account must be accurate. You are responsible for maintaining the confidentiality of your account and password. We reserve the right to invalidate your password and require you to change it if we believe it has become unsecure. We may reject any user name that violates these Terms, including any user name that uses another person’s identity or that violates our community and content guidelines. We may use the email you provide to us in your User account profile to provide you with service messages and updates. By becoming a User you are consenting to the receipt of these communications.
Subject to your continued compliance with these Terms, we grant you a personal, limited, non-transferable, non-exclusive right to access and use the Website and our Service as set forth in these Terms, provided that (i) you will use the Website and the Service in accordance with and only for purposes that are permitted by these Terms; and, (iii) you will use the Website and the Service in accordance with all applicable laws and regulations.
Website Availability
We shall use commercially reasonable efforts to provide continuous access to the Website. We do not guarantee that the Website will be accessible at all times. The Website may be unavailable during maintenance periods or during an emergency. In addition to normal maintenance, there may be events that will make the Website inaccessible for a limited amount of time due to unforeseen circumstances. We have the right to refuse to provide access to the Website or any part thereof. We shall not be liable to you or any other person, firm or entity for any unavailability of the Website or Services if such failure is due to any cause beyond our reasonable control.
We can subcontract services or use service providers, such as, but not limited to, outside hosting and storage, to third parties, which may be inside or outside the United States.
Restrictions on Use of the Website
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
In any manner that could disable, overburden, damage, or impair the Website or interfere with any third party’s use of the Website, including their ability to engage in real time activities through the Website; or,
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.
Additionally, you agree not to:
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
Use any device, software or routine that interferes with the proper working of the Website;
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or,
Otherwise attempt to interfere with the proper working of the Website.
User Feedback; Third-Party Social Media Postings
By submitting any ideas or suggestions to us (through our Website, Mobile App, social media sites, or other digital platforms, or through Google or other review sites, or other means) related to improvements to the Website or Services (collectively, “Feedback”) you agree that such Feedback shall be deemed, and shall remain, our property, and you agree to and do hereby assign to us all your right, title, and interest in and to all Feedback (including without limitation intellectual property rights and moral rights) without compensation or further notice to you. We shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation or further notice to you. None of the Feedback shall be subject to any obligation of confidentiality on our part, but, you shall not be liable for our use or disclosure of any Feedback.
By posting or submitting for posting User content to our Facebook, YouTube, Instagram, or other social media pages or platforms, or on other websites, e.g., Facebook, Google, Yelp, Trip Advisor, etc., you agree to and do hereby grant us and our licensors, affiliates, partners, successors and assigns, a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, summarize, translate, create derivative works of and publicly perform the User Content that you post or otherwise submit to us for any purpose, in any form, medium, or technology now known or later developed.
Billing; Payment
Product Purchases
Fees. Fees for our Products are described in the applicable Website page. We may change our fees at any time, which will be effective when posted.
Payment Terms. Unless different payment terms are specified in a Website, all fees are due in full upon purchase of the applicable Service or product.
Credit Card Processing. We use a third party payment processing service for processing credit card payments. Your use of any of these provider’s services is subject to your agreement to and continued compliance with their terms and conditions.
Return Policy.
Our “Return Policy” is available on our Website here.
Suspension of Service
We may suspend your account and access to the Service, with or without notice, if you violate any provision of these Terms.
Suspension of Service
We reserve the right to deactivate any accounts which have not been active for at least six (6) months. We reserve the right to delete data in deactivated accounts.
We reserve the right to stop providing the Website or the Service to you or access to the Website at any time for any reason and without prior notice.
We reserve the right, in our sole discretion, to close your account, without prior notice, for any one or all of the following: (i) if you breach, whether intentionally or unintentionally, any of these Terms, any supplemental rules and guidelines, any of the terms and conditions of our service providers, or any of our rights; (ii) upon our receipt of any third party chargeback associated with any payment method tendered as payment on your account; (iii) if we do not receive a written response from you within 48 hours of any notice sent to you by us relating to your abuse of the Website or violation of these Terms; (iv) if, in our judgment, your use of the Website or the Service has the potential to pose any harm to us or to any of our affiliates, partners, service providers or customers; (v) if your account becomes past due and is not paid within twenty days of becoming past due; (vi) if a hacked script or otherwise compromised website is discovered on our systems in use by you; or, (vii) if you fail to cure any suspension of your account or any individual Service, to our satisfaction, and within the time frame we specify. In the event of any such closure of your account, you will not be eligible for a refund of any fees and you may be prohibited from reopening your account, opening a new account or accessing any existing account. You agree that we shall not be liable, in any way, for any closure pursuant to this section of the Terms.
Intellectual Property
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or is used with permission, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Other than as expressly provided herein, no right, title or interest in or to the Website or any content on the Website is granted to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your web browser for display enhancement purposes; and
You may print or download a reasonable number of pages of the Website (or any downloadable content offered in any of the Website pages) for your own use and not for further reproduction, publication or distribution.
You may not modify copies of any materials from the Website, or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
Our trademarks and service marks are owned by us or are used with permission. All other brands on this Website are the trademarks of their respective owners.
Disclaimers
Medical Disclaimer. Nothing contained in our Website, in the materials provided by us, or the Services we provide, should be construed as a substitute for professional medical advice, diagnosis, or treatment. The information provided by us does not provide medical or other licensed professional advice and should not be interpreted as a substitute for physician consultation, evaluation, or treatment. Nothing stated or posted on this Website, in the materials provided by us, or available through any Services we provide is intended to be, and must not be taken to be, the practice of medicine. You acknowledge and agree that you will consult with and will seek the advice of your physician or other qualified health provider if you have any questions or wish to seek advice regarding a medical condition, your diet, nutritional supplements, or any other matter related to your health or general well-being. Never disregard professional medical advice or delay in seeking it because of information you have obtained through this Website. If you think you may have a medical emergency, call your physician or 911 immediately. The Website materials, such as text, graphics, images, and information obtained from this Website are for informational purposes only.
THE SERVICES, MOBILE APP, AND THE WEBSITE AND THE CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES DESCRIBED AND/OR OFFERED FOR SALE ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, VIDEOS, AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER STATUTORY OR IMPLIED OTHER THAN AS EXPRESSLY STATED HEREIN. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE, SOFTWARE, MOBILE APP, OR RELATED TO THE FOREGOING WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SOFTWARE, MOBILE APP, OR RELATED TO THE SERVICES OR THE SERVER THAT ENABLES THE SERVICES TO BE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THE WEBSITE IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. DEPENDING ON THE STATE IN WHICH YOU RESIDE SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON OR COMPANY MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF THE WEBSITE, SERVICES, OR MOBILE APP) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR OR OUR CONTRACTORS’ SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY THIRD PARTY’S USE OF THE WEBSITE, ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE SERVICE, THE USE OF THE WEBSITE, MOBILE APP, OR THE SERVICE, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE OR THE SERVICE, THE NON-DELIVERY OR MIS-DELIVERY OF DATA BETWEEN YOU AND US, EVENTS BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF OUR HOSTING SERVERS, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICE, MOBILE APP, OR ANY USER CONTENT IS TO STOP USING THE WEBSITE, THE SERVICES, AND THE MOBILE APP, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON OR COMPANY REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE. IN NO CASE SHALL THE TOTAL AGGREGATE LIABILITY OF US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS TO YOU EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID TO US FOR THE PRODUCT OR SERVICE OR ONE HUNDRED DOLLARS (US$100).
Indemnification
By utilizing the Website, the Service, or the Mobile App you agree to indemnify and hold us and our officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by us through your use of the Website, Mobile App, or the Services in violation of these Terms (including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity rights). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This section shall survive any termination of the Terms.
Cooperation with Law Enforcement and Government Agencies; Required Disclosures
You acknowledge that we have the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Website or the Services, but we have the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.
You understand and agree that we may disclose your Personal Information if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent (at your expense), or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce these Terms (including for billing and collection purposes), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Website; or, (c) to exercise or protect the rights, property, or the safety of us, our users or others.
Dispute Resolution
Time Limitation. Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise such claim or action is permanently barred.
MANDATORY BINDING ARBITRATION
Other than for the grounds set forth in Section 17.C (labeled “Exceptions to Agreement to Arbitrate”), in the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof or the access or use of the Website or our Software, Mobile App, Products or Services, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in Palm Beach County, Florida in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section 17. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.
The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition. The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.
Exceptions to Agreement to Arbitrate. You and we agree that we may bypass arbitration and go to court to resolve disputes relating to: (a) your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents), or (b) your violation of the restrictions on use.
Class Action Waiver. Other than to the extent prohibited by applicable law, any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that 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 these Terms 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.
Waiver of Jury Trial. Other than to the extent prohibited by applicable law, each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.
Location of Operation. Our Website is operated in the United States of America, and we make no representation that content provided is applicable or appropriate for use in other locations. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Your use of the Website does not subject us to judicial process in or to the jurisdiction of courts or other tribunals in your jurisdiction or location.
Communications/Notice
By creating a User account or giving us any contact or other information, you agree to and do hereby consent to receive mail and electronic communications (email, text/SMS and by telephone) from us and/or by posting the communications on the Website (e.g., by posting notices on your account profile page) concerning information and/or our Services (collectively, “Communications”). For Users with an account, Communications may be those that we are required to send to you by law (e.g., data security incident notifications) concerning us, your account or information, the Website, or the Services (“Required Communications”). The Communications may also be those that we send to you for other reasons. You may change the email or mobile phone number on file for your account by visiting your account profile page or by contacting us. You may opt out of receiving all Communications, other than Required Communications, via email by sending a notice to us that identifies your full name, user name and email address; however, you will not receive any further electronic notices from us (other than Required Communications), which notices may include important notices or announcements.
General
Governing Law. For all legal proceedings arising out of use of the Website, the Services, and/or relating to these Terms, these Terms and the relationship between you and us shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of Florida. You understand and agree that your use of the Website and the Services as contemplated by these Terms shall be deemed to have occurred in the State of Florida. To the extent litigation is permitted pursuant to these Terms, you and we hereby irrevocably and unconditionally submit to the jurisdiction of courts located in Palm Beach County, Florida, or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and we irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
Assignment. You may not assign, convey, or transfer (whether by contract, merger or operation of law) (collectively, “assign” or variants) these Terms, in whole or in part, without our prior written consent, which may be granted or withheld by us in our sole discretion. Any attempted assignment in violation of these Terms will be of no power or effect. We may assign these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns. You hereby consent to our disclosure, transfer, and/or assignment of your personal information in connection with a merger, consolidation, restructuring, financing, sale, or other transaction or pursuant to any court proceeding. In addition, if a potential buyer is interested in purchasing us, you agree that we may provide the potential buyer with your Personal Information on a confidential basis and subject to the use restrictions in these Terms.
Agreement. These Terms, 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 or purchase of Products 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 these Terms 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 these Terms, 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 these Terms, 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 these Terms are for convenience only and shall not affect its interpretation.
Relationship of the Parties. The parties intend that no partnership, joint venture, employee, employer or other relationship is intended or will be created by these Terms. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of us, any of our affiliates or respective service providers. There are no third-party beneficiaries to these Terms
Contact Us. Our contact information is: Hollander Management Group, LLC, d/b/a Bloom, 129 NW 13th Street, Suite 27, Boca Raton, FL 33432, USA; Attn: Jose Patino; Email: info@bloommedicinals.com. You may also visit our “Contact Us” website page at https://bloommarijuana.com/contact/.