THE BLOOM METHOD®
TERMS AND CONDITIONS
FOR THE ONLINE SALE OF GOODS AND SERVICES
- THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH BLOOMING BELLIES, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
ALWAYS CONSULT YOUR DOCTOR OR HEALTH CARE PROFESSIONAL BEFORE BEGINNING ANY EXERCISE PROGRAM. EVERY PREGNANCY IS DIFFERENT AND YOUR DOCTOR OR HEALTH CARE PROFESSIONAL KNOWS WHAT IS BEST FOR YOUR SPECIFIC CIRCUMSTANCES; OUR PRODUCTS AND SERVICES ASSUME THAT YOU HAVE THE APPROVAL OF YOUR DOCTOR OR HEALTH CARE PROFESSIONAL, ARE IN GOOD PHYSICAL AND MENTAL HEALTH, AND THAT YOUR PREGNANCY IS WITHOUT RISK FACTORS OR COMPLICATIONS. OUR PRODUCTS AND SERVICES ARE NOT INTENDED TO OFFER AND ARE NO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TO DIAGNOSE OR TREAT ANY MEDICAL CONDITION.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through (the “Site”). These Terms are subject to change by (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between BLOOMING BELLIES, LLC/THE BLOOM METHOD and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by contacting us directly.
- Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before
our acceptance of an order. We accept for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
- Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of ordered products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
(b) Title and risk of loss pass to you upon our transfer of the ordered products to the carrier for delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns and Refunds. Your satisfaction with our products and services is important to us, however, due to the nature of our products and services, ALL SALES ARE FINAL – NO REFUNDS OR EXCHANGES.
- PRODUCTS AND SERVICES SOLD “AS IS” “WHERE IS” “WHERE AVAILABLE”
ALL PRODUCTS PURCHASED FROM THE WEB SITE ARE SOLD ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS WITH NO WARRANTY, EXPRESSLY WRITTEN OR IMPLIED.
WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO PRODUCT REPLACEMENT OR PURCHASE PRICE REFUND, AT OUR OPTION. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT, ADVICE OR TESTIMONIAL PROVIDED BY US OR ANY OF OUR AGENTS, EMPLOYEES OR CUSTOMERS WILL CREATE A WARRANTY. THE REMEDIES OF PURCHASE PRICE REFUND OR PRODUCT REPLACEMENT, AT OUR OPTION, ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY DEFECTIVE PRODUCTS. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE WEB SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The informal dispute resolution procedure detailed in Section 12 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
- Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
- Intellectual Property Use and Ownership. You acknowledge and agree that:
(a) All know-how, designs, specifications, inventions, developments, processes, copyrights, trademarks, patents and applications therefore, and other information or Intellectual Property disclosed or otherwise provided to you by BLOOMING BELLIES, LLC/THE BLOOM METHOD
and all rights therein (collectively, “Intellectual Property”) will remain the property of BLOOMING BELLIES, LLC/THE BLOOM METHOD. You shall have no claim to, nor ownership interest in, any Intellectual Property. You acknowledge that no license or rights of any sort are granted to you hereunder in respect of any BLOOMING BELLIES, LLC/THE BLOOM METHOD Intellectual Property.
(b) BLOOMING BELLIES, LLC/THE BLOOM METHOD brand features are protected by applicable trademark, copyright and other intellectual property laws. If you would like to use any of our brand features on your website, in an ad, in an article or book, or reproduce them anywhere else, or in any other medium, you may not do so without first obtaining written permission from BLOOMING BELLIES, LLC/THE BLOOM METHOD.
(c) You acknowledge ’s sole ownership of and exclusive right, title and interest in and to
BLOOMING BELLIES, LLC/THE BLOOM METHOD’s Trademarks. You recognize that the
BLOOMING BELLIES, LLC/THE BLOOM METHOD’s Trademarks possess substantial goodwill and agrees that you will not use or display BLOOMING BELLIES, LLC/THE BLOOM METHOD’s Trademarks in a manner that would disparage or damage them, or represent that it has any ownership in, or attempt to license, the ’s Trademarks. All goodwill associated with your use of the BLOOMING BELLIES, LLC/THE BLOOM METHOD’s Trademarks will be owned exclusively by BLOOMING BELLIES, LLC/THE BLOOM METHOD. You will comply with BLOOMING BELLIES, LLC/THE BLOOM METHOD’s latest trademark usage guidelines, which BLOOMING BELLIES, LLC/THE BLOOM METHOD may provide and circulate from time to time, as well as any other policies governing the use of (i) BLOOMING BELLIES, LLC/THE BLOOM METHOD’s logos and other trademarks, and (ii) product images and other copyrighted materials.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.
- Dispute Resolution and Binding Arbitration.
(a) YOU AND BLOOMING BELLIES, LLC/THE BLOOM METHOD ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BLOOMING BELLIES, LLC/THE BLOOM METHOD WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of BLOOMING BELLIES, LLC/THE BLOOM METHOD.
- No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to BLOOMING BELLIES, LLC/THE BLOOM METHOD [ADDRESS]. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Last Modified: May 4, 2018