Terms and Conditions

Terms and Conditions

Welcome to the tobeinbloom.com (the "Website") and our mobile application (the “App”), which are owned and operated by Bloom Nutrition, LLC (“Bloom Nutrition”).

These terms and conditions (collectively the “Terms”), together with the Privacy Policy [https://tobeinbloom.com/], govern your access and use of the Site and App, including any content, functionality, subscriptions, and services offered on or through the Site and the App. These Terms also apply to the purchase and sale of products and subscriptions service through the Site and the App.

THESE TERMS AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY BEFORE YOU START TO USE THE SITE AND THE APP.

By accessing, browsing or using this Site or the App you acknowledge that you have read, understood and agreed to be bound and abide by the Terms. If you do not agree to these Terms, you should not use or access this Site or the App.

We may revise these Terms of Use from time to time. The changes will not be retroactive, and the most current version of the Terms of Use, which will always be located on the Site, will govern our relationship with you. We will try to notify you of material revisions; for example, via a service notification posted to the Site or an email to the email associated with your account. Your continued use of the Site constitutes your acceptance of any such revisions. You should periodically visit this page to review the current Terms. You are responsible for making sure that we have your current and accurate email address.

  1. Use of the Site and the App

You may use the Site and the App only for noncommercial, personal use.

We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site and the App. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and the App and to change, suspend or discontinue any feature of the Site and the App. Your continued use of the Site and the App will constitute your acceptance of any such changes.

You may view, copy or print pages from the Site and/or the App solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Site and/or the App without our express, prior, written consent.

We specifically prohibit any use of the Site or the App for any of the following purposes:

  • Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy rights of another person or entity;
  • Posting any information which is untrue, inaccurate or not your own;
  • Posting material or statements which are vulgar, obscene, indecent, defamatory, abusive, bigoted, hateful, or racially offensive;
  • Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
  • Attempting to interfere in any way with the Site, the App’s or Bloom Nutrition’s network security, or attempting to use the Site or the App’s service to gain unauthorized access to any other computer system; and
  • Using the Site or the App to drop ship merchandise to third parties.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site or the App. You may not take any action to interfere with, or disrupt, the Site and the App or any other user's use of the Site and the App. You may not frame portions of the Site or the App within another web site.

You must be 18 years old or an emancipated minor, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms, in order to use the Site and/or the App. In any case, you affirm that you are over the age of 13, as THE SITE AND THE APP ARE NOT INTENDED FOR CHILDREN UNDER 13.

  1. Registration and Passwords

In order to access certain services on the Site and the App, you will be required to provide specific information, such as your name, email address, and other information. You may also be asked to create a user identification name (“User ID”) and a password. All information about you must be true, accurate, current and complete. Any information that may be used to identify you individually will be maintained by us in accordance with our Privacy Policy [LINK], which we strongly recommend that you read.

You, however, are solely responsible for the security of your User ID and password and will be solely liable for any activity that occurs under your User ID and password, whether or not authorized by you. You agree to notify us immediately of any unauthorized access to or use of your User ID or password or any other breach of security by contacting us using the information in the Contact Us [LINK] section below.

We have the right to disable any User ID, password, or account, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

  1. Orders

When you order a product or service through the Site or the App (each such purchase, an "Order"), you will be asked to supply certain information which may include your credit card number, your billing address, and your shipping information. By submitting such information, you grant us the right to provide such information to third parties for purposes of fulfilling your order.

We reserve the right to: (i) limit the available quantity of any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) refuse to provide any user with any product or service.

You agree that by placing an order on the Site or the App, you are entering into a binding contract with Bloom Nutrition and agree to pay all charges that may be incurred by you or on your behalf through the Site and the App, at the price in effect when such charges are incurred including all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Order.

We reserve the right to refuse to process an order if we suspect fraud or illegal activity. We also reserve the right to terminate your account if we suspect fraud illegal activity.

  1. Subscriptions

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscriptions plans will take effect following notice to you.

  1. Cancelling Your Subscription

To cancel your product subscription at any time, (i) logon to your account and follow the cancellation procedures there, (ii) send us a message at [INSERT EMAIL ADDRESS] and request cancellation.

  1. Product Information; Limitation on Quantities

We try to make sure that the information on the Site and the App is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site or the App will be available. If a Product is not as described, your sole remedy is to return the item for a refund or exchange.

  1. Returns

 

We accept returns and exchanges within 30 days. All returns must be requested within 30 days after you receive the order. You will be refunded in full to your original form of payment. Note, however, that your original shipping charges will not be not refunded.

 

To return or exchange a product, please email us at [EMAIL] with your name, address, order number, and which product you would like to exchange or return. After we receive your written request, we will respond with further instructions about returning the product to us.

 

When we receive the returned product from you, we will process any refund due to you as soon as possible. You will be refunded in full to your original form of payment, including the cost of standard delivery; however, we will not refund your cost of returning the product to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.

 

  1. Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by other users), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site and the App are the property of Bloom Nutrition or our licensors and are protected by United States and international copyright, trademark and/or other intellectual property or proprietary rights and laws. These Terms permit you to use the Site and the App for your personal, non-commercial use only. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site or the App.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site and the App in breach of the Terms, your right to use the Site and the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

BLOOM NUTRITION, INBLOOM and the InBloom logo are trademarks of Bloom Nutrition LLC. All other trademarks names, product, services names, designs, and slogan are the property of their respective owners. All of content on the Site and on the App is copyrighted by Bloom Nutrition. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site or the App. All rights not granted under these Terms are reserved by us.

If you submit an unsolicited idea to us via the Site, App or otherwise, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Bloom Nutrition to utilize your idea, you hereby grant Bloom Nutrition an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  1. Contributed Content Rules of Conduct

We value your review and comments. The following Contributed Content Rules apply to any content you submit. We reserve the right to remove, edit, or refuse to display your content if it violates these Rules. You will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Use obscenities, discriminatory language, or other language not suitable for a public forum;
  • Post advertisements, “spam” content, or references to other products, offers, or websites;
  • Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
  • Post unduly critical or spiteful comments of other content posted on the page or its authors;
  • Post files that infringed on anyone else’s rights, including intellectual property rights (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
  • Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;

We are under no obligation to screen or monitor any content, but may review the content from time to time at its sole discretion. We reserve the right to edit or remove any content at our sole discretion for any reason.

Under no circumstances will Bloom Nutrition be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any such content or communications posted on the Site or the App or endorse any opinions expressed therein.

In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via [INSERT EMAIL ADDRESS].

By submitting or posting any materials or content on the Site or the App, you grant Bloom Nutrition a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Bloom Nutrition the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Bloom Nutrition will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

  1. General Disclaimers

You assume all responsibility and risk with respect to your use of the Site or the App.

THE SITE, THE APP, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR THE APP OR A “LINKED” SITE 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, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, BLOOM NUTRITION DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE OR THE APP IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE OR THE APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE APP OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Bloom Nutrition makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from this Site or the App. Hyperlinks are included solely for your convenience, and Bloom Nutrition makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Bloom Nutrition sites. Bloom Nutrition does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site or the App.

BLOOM NUTRITION DOES NOT REPRESENT OR WARRANT THAT THE INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.

  1. Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.

  1. Indemnification

You agree to indemnify, hold harmless, and defend Bloom Nutrition, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site or the App, your violation of these Terms, defamatory or infringing content posted to the Site or the App by you, or your violation of any law or the rights of a third party.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BLOOM NUTRITION, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR THE APP BE LIABLE TO ANY USER OF THE SITE OR THE APP OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE APP, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF BLOOM NUTRITION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF BLOOM NUTRITION, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR THE APP TO YOU FOR ANY DIRECT DAMAGES, EXCEED THE AMOUNT YOU PAID TO BLOOM NUTRITION IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.

  1. Waiver; Remedies

The failure of Bloom Nutrition to partially or fully exercise any rights or the waiver of Bloom Nutrition of any breach of these Terms by you shall not prevent a subsequent exercise of such right by Bloom Nutrition or be deemed a waiver by Bloom Nutrition of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Bloom Nutrition under these Terms and any other applicable agreement between you and Bloom Nutrition shall be cumulative, and the exercise of any such right or remedy shall not limit Bloom Nutrition’s right to exercise any other right or remedy.

  1. Governing Law

All matters related to the Site, the App and these Terms shall be governed and constructed in accordance with the laws of the State of New York without regard to conflict of laws provisions.

  1. Disputes

Any dispute relating in any way to your visit to, or use of, the Site or the App, to the products you purchase through the Site or the App (including a subscription), or to your relationship to Bloom Nutrition ("Claims") shall be exclusively submitted to confidential and binding arbitration in New York, New York, including based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Bloom Nutrition agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association
Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms, in which case these Terms will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties.

ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND BLOOM NUTRITION HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

  1. Contact Us

This Site and the App are operated by Bloom Nutrition. All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to [INSERT LINK].