INTRODUCTION.

Welcome to http://www.Bloom2Bloom.com (the “Site”). The Site is owned by Bloom2Bloom, LLC and is a copyrighted work belonging to Bloom2Bloom, LLC (referred to as “Bloom2Bloom”, “Company”, “Us”, “Our”, and “We”). Bloom2Bloom markets, sells and facilitates delivery of Products (most often bouquets) directly to consumers via post or otherwise (collectively, with all other services and products provided through the Site and delivered through the post or otherwise, the “Services” or the “Products”). Certain features of the Services, Products or Site may be subject to additional guidelines, terms, conditions or rules, which will be posted on the Site in connection with such features.

By browsing or using the Site, purchasing any Services or Products  through the Site, or entering into any other transactions with Bloom2Bloom, you agree to the terms of use set forth herein (the “Agreement”) on behalf of yourself or the entity that you represent, and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement on behalf of yourself or the entity that you represent. For the purposes of this Agreement, unless otherwise noted, all references to Bloom2Bloom, LLC, include http://www.bloom2bloom.com, Bloom2Bloom and http://blog.bloom2bloom.com. This Agreement is between you and Bloom2Bloom, and it governs your access to and use of the Site. You may not access or use the Site or Services or accept the Agreement if you are not at least 18 years old. If you do not agree to any part of this Agreement, you are not authorized to use the Site, order floral goods, or enter into any transactions with Bloom2Bloom.

 

(1) COPYRIGHT AND INTELLECTUAL PROPERTY POLICY.

Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Bloom2Bloom. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. All names, logos, service marks, and trademarks appearing in this Site, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property ("Content"), except as otherwise noted, are protected intellectual property of, or used with permission or under license by Bloom2Bloom and its subsidiaries and affiliates. This includes the entire Content of the Site, protected as a collective work. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

(2) AMENDMENTS AND CHANGES.

Bloom2Bloom reserves the right, in its sole discretion, to amend this Agreement at any time, without notice, by posting the amended terms of use on the Site. You agree that you will be bound by any changes to this Agreement. If at any point you do not agree to any portion of this Agreement, you must immediately stop using the Site and, if applicable, not renew your subscription service. Please check back often to ensure you are aware of any updates or changes to these terms.

 

(3) PRIVACY POLICY.

By using the Site, you represent that you have read and consent to Bloom2Bloom’s Privacy Policy which is incorporated into this Agreement by reference. Bloom2Bloom may revise the Privacy Policy at any time. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and, if applicable, not renew your subscription service. Without limiting the foregoing, you authorize us to share your information with third party service providers, including but not limited to, FedEx, Ontrac, and USPS. We strongly advise you to read each of their privacy policies.

 

(4) LIMITED LICENSE.

Subject to your compliance with the terms and conditions of this Agreement, Bloom2Bloom grants you a limited, non-transferable, non-assignable, non-exclusive, revocable, license to use the Site and Services for your personal, noncommercial use. The Site and any Services or Products may not be reproduced, duplicated, copied, modified, sold, resold, distributed or otherwise exploited for any commercial purpose with the express written consent of Bloom2Bloom.

 

(5) LINKS TO OTHER WEBSITES.

The Site may contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites and  Ads”).  Such Third Party Sites and Ads are not under the control of Bloom2Bloom and Bloom2Bloom is not responsible for any Third Party Sites and Ads.  Bloom2Bloom provides these Third Party Sites and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites and Ads.  You use all Third Party Sites and Ads at your own risk. When you access a Third Party Site and/or Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should review individual Third Party Site and Ad terms and conditions, privacy policies and data collection policies.

 

(6) PAYMENTS AND RECURRING BILLING

(a) PAYMENTS. If you order Products or Services, you agree to pay the then-current applicable fee or price per Product and/or Service, all applicable shipping charges and all applicable taxes in connection with your purchase (collectively, the “Total Purchase Amount”). Payment can be made by credit card or debit card. You authorize Bloom2Bloom to charge your credit card or other payment method for the Total Purchase Amount. You acknowledge and agree that all information you provide to Bloom2Bloom with regards to a purchase of Services and/or Products, including, without limitation, credit card, debit card, or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us, including, without limitation, any credit card you provide when completing a transaction. Orders will not be processed until the Total Purchase Amount has been received by Bloom2Bloom.

Bloom2Bloom reserves the right to refuse to allow any user to purchase a product or deliver any product to a user. When you purchase products through the Site, unless otherwise noted on the Site, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.

Bloom2Bloom reserves the right, with or without prior notice, to discontinue or limit the available quantity of any product or aspect of the Site and to honor or impose conditions on the honoring of any voucher code, coupon code, promotional code or discount code.

(b) RECURRING BILLING. For ongoing subscription services, Bloom2Bloom will automatically bill your credit card submitted when ordering the Service on the date the Service is activated, and on the first of each month thereafter (or at approximately those intervals to allow Bloom2Bloom to accommodate for holidays, shipping schedules, changes in inventory and supply, and/or irregularities), until the end of your subscription service, or until you cancel your Service. You can expect to receive your bouquet around the same time each month. Bloom2Bloom reserves the right to change the delivery date of subscription services. If you choose to cancel your subscription service, you must notify Bloom2Bloom in writing at CustomerService@Bloom2Bloom.com at least five (5) days before your next billing date.  

In cases where your credit card expires, is cancelled, is over the limit, or is otherwise declined for any reason, we will not continue to deliver bouquets or renew your subscription service, though we may, but we are not obligated to, contact you to notify you of the issue.

YOU HEREBY AUTHORIZE BLOOM2BLOOM TO BILL YOUR CREDIT CARD AS DESCRIBED ABOVE.  

Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less. If any fee cannot be charged to your credit card for any reason, Bloom2Bloom may provide you, via email, notice of such non-payment and a link for you to update your payment information.  

 

(7) DISCOUNTS 

Bloom2Bloom provides various voucher codes, coupon codes, discount codes and promotional codes (collectively, “Discounts”), and reserves the right to honor or impose any conditions on the honoring of any Discounts. Bloom2Bloom reserves the right to alter information related to such Discounts by information published on the Site, and if anything is conflicting, the Discount terms most beneficial to Bloom2Bloom shall take precedent and shall take effect. Bloom2Bloom may refuse to provide any Discounts for any reason including, but not limited to, fraud, mistake in publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason at Bloom2Bloom’s sole discretion.

Discounts of any kind may not be combined unless at the sole discretion of Bloom2Bloom. Bloom2Bloom reserves the right to charge any payment method on file the full retail price as it is listed on the Site of all deliveries of Products and Services under any account deemed to be fraudulent. These charges may include any amounts previously discounted in a previous promotion.

 

(8) RETURN AND REFUND POLICY.

All sales are final. Except as provided for replacement Products below, there are no refunds or returns for the Services and Products  purchased on the Site. Bloom2Bloom reserves the right to determine if a replacement Product shall be issued.

You may receive a replacement Product only (1) if the item is clearly in a damaged state when it arrives; or  (2) if the item is never delivered at all. If one or more of these reasons occurs, you must submit a contact form at http://www.bloom2bloom.com/pages/contact within one calendar day of the scheduled delivery date, or contact Bloom2Bloom via email at customerservice@bloom2bloom.com within one calendar day of the scheduled delivery date.

If the bouquet arrives in substandard condition, then you must, with either contact method listed above, submit a photograph of the Product as it arrived, and someone must have been present to have immediately received the Product upon its arrival, as indicated by the shipping carrier utilized by Bloom2Bloom for the delivery of the bouquet. Bloom2Bloom reserves the right to approve or not approve a replacement Product at any time.

Bloom2Bloom is not responsible for (1) replacing Products when Products are delivered to incorrect addresses that were supplied by the purchaser to Bloom2Bloom; (2) unsuccessful deliveries resulting from the recipient not being present to have immediately received the Product upon its arrival (should the shipping carrier determine the drop-off location not secure for leaving a package unattended); (3) diminished Product quality resulting from an incorrect delivery address supplied by the sender to Bloom2Bloom; (4) a request to reroute the Product age once it has already been released for shipment; (5) quality problems caused by improper handling of the Product by the recipient.

Replacement bouquets cannot be transferred for value or redeemed for cash.

 

(9) CHANGES AND AMENDMENTS TO PRODUCTS AND SERVICES AND PRICING.

Bloom2Bloom reserves the right to, at any time, amend or change the pricing of its Products and Services, amend or change the displayed price of Products and Services on the Site, correct pricing errors that may inadvertently occur, amend or change the availability of its Products and Services, amend or change the specifications of Products and Services, amend or change content on the Site, and amend or change descriptions or features of any Products and Services sold through the Site. The inclusion of any Product or Service on the Site at any particular time does not imply, warrant or guarantee that such Products or Services will be made available by Bloom2Bloom at any other time in the future, on the Site or otherwise. All such changes to Products and Services and pricing of Products and Services are deemed effective immediately upon Bloom2Bloom’s posting of such new and updated information to the Site.

Bloom2Bloom does not guarantee and cannot represent and warrant that any Products received by you will look exactly like the photographs that appear on its Site, nor that they will contain the exact flowers photographed on the Site. Bloom2Bloom bouquets, unless otherwise specified, do not guarantee a flower type. Bloom2Bloom reserves the right to change any and all of the flowers in its bouquets without notice, due to changes in seasonal supply, flower availability, or other reasons.

 

(10) ORDER CONFIRMATION.

Upon submitting your Product and/or Services order on the Site, Bloom2Bloom will send you an automated email order confirmation, sent to the email address you provide during the checkout process on the Site. It is your responsibility to provide Bloom2Bloom the correct e-mail address and contact information for both you and the recipient. Your receipt of an order confirmation email from Bloom2Bloom does not represent Bloom2Bloom’s acceptance of your order, nor does it constitute confirmation of Bloom2Bloom’s offer to sell Products and Services. Bloom2Bloom reserves the right at any time after receiving your order to accept or decline your order for any reason. If Bloom2Bloom cancels an order after you have already been billed, then Bloom2Bloom will refund the billed amount.

 

(11) GIFT MESSAGE

Should you include a gift message, or "note" to be delievered with your order, you agree that Bloom2Bloom is not responsible is any manner for the content of your message or the receipt or use of the message by the receipient or others. In opting to include a note with your purchase, you hereby agree not to include any defamatory, obscene, illegal or offensive content in your note or violate the privacy or intellectual property rights of others. Bloom2Bloom will not be liable for any claims relating to or arising from such note, including without limitation any claims relating to invasion of privacy or security breach.

 

(12) SHIPPING POLICY.

Title and risk of loss for any purchases of physical products pass to you upon thedelivery of Products to our shipping provider(s). Unless the result of events outside of Bloom2Bloom’s direct control, shipments of Products will be delivered within the time period requested. However, due to factors beyond Bloom2Bloom’s control, including but not limited to weather conditions and errors on behalf of the shipping provider, Bloom2Bloom does not guarantee delivery dates or delivery times. Bloom2Bloom is not responsible for items lost or damaged by FedEx or other third party shipping providers, and will try to notify you of such occurrence, but is not obligated to do so, nor does Bloom2Bloom guarantee such notification. Bloom2Bloom will try, within reason, to assist with any claims related to Bloom2Bloom Products that are lost or damaged during shipment, but Bloom2Bloom is not obligated to do so, and does not guarantee this service.

Orders are shipped using FedEx, or another third party shipping provider. Delivery is not available on Saturdays, Sundays or Mondays. Bloom2Bloom does not currently offer same-day delivery services. Orders placed after 8AM PST are no longer available for next-day delivery, on an applicable delivery day. Bloom2Bloom reserves the right at any time to make any delivery date unavailable for delivery of Products. Online shipment tracking of Products is available at FedEx’s website, or through the website of the applicable shipping provider, though Bloom2Bloom makes no warranties regarding its accuracy, or of the third party website’s availability because it is not under Bloom2Bloom’s control.

Shipment of Products for a specific holiday (i.e. Valentine’s Day) may not be available for delivery on the date of the holiday if that holiday falls on a date not serviced for delivery by Bloom2Bloom. Please check the available delivery dates prior to ordering Products for specific holidays.

Users are not allowed to provide Bloom2Bloom with the Personal Information of any children under the age of 13 for delivery or shipping purposes, or any other reason.

Consider any shipping or transit time offered to you by Bloom2Bloom only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability. We strongly encourage recipients to be available to immediately receive the flowers upon delivery by the shipping courier, as any product left outside is more likely to diminish in quality.

 

(13) GIVEAWAYS, CONTESTS, SWEEPSTAKES. 

Please read these rules before entering Bloom2Bloom, LLC Sweepstakes, Giveaways, or Contests. These Sweepstakes rules pertain only to official and approved Bloom2Bloom Sweepstakes, sponsored by Bloom2Bloom LLC.

You agree that by entering Bloom2Bloom LLC Sweepstakes you will be bound by these Official Sweepstakes Rules (the "Rules") and you acknowledge that you satisfy all Sweepstakes eligibility requirements. By entering Sweepstakes, you consent to being placed on an email mailing list for promotional and other marketing materials from Bloom2Bloom, LLC. You may opt out of these communications at any time. Information about how to opt out will be included in all promotional emails and can also be obtained by visiting http://www.bloom2bloom.com/pages/privacy-policy.

Eligibility. Sweepstakes are limited to legal residents of the fifty (50) United States of America and the District of Colombia. (Sweepstakes excludes residents of all other US territories, commonwealths and possessions, including but not limited to Puerto Rico). Entrants must be at least 18 years. Sweepstakes are subject to all applicable laws and regulations and is void where prohibited by law.

Sponsor. Official Bloom2Bloom LLC sweepstakes, made available through www.bloom2bloom.com and its official and approved related company links, are sponsored by Bloom2Bloom LLC (the "Sponsor"). Bloom2Bloom LLC has a mailing address of 5737 Kanan Road, #675, Agoura Hills, CA 91301.

Prize Drawing for Participants. The Prize Winner will be selected at random and notified via email within 30 days after the conclusion of the Sweepstakes Period. If a potential winner does not respond within ten (10) business days of being contacted or refuses to sign and return the Affidavit of Eligibility and Liability/Publicity Release, the potential winner forfeits the prize and Sponsor may in its sole discretion randomly select an alternate prize winner from the pool of eligible entrants. All prizes will be fulfilled approximately one month after execution of required paperwork. For more information on the specific drawing and randomization procedures, please send an express written request to: Bloom2Bloom LLC, ATTN: Sweepstakes 5737 Kannan Road, #675, Agoura Hills, CA 91301. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE IS SOLELY THE RESPONSIBILITY OF WINNER.

Odds of Winning. Odds of winning a prize depend on the number of eligible entries received at the end of the Sweepstakes Period.

Winners' List. The Winner List will be compiled after the winner’s confirmation process is complete and will be made available upon express written request. Please send all requests for the Winners' List to: Bloom2Bloom LLC, ATTN: Sweepstakes 5737 Kannan Road, #675, Agoura Hills, CA 91301.

Publicity. Except where prohibited, participation in the Sweepstakes constitutes each entrant's consent to Sponsor's use of entrant's name, likeness or submissions for promotional purposes in any media, worldwide, without further payment or consideration.

Limitation of Liability and Release. Sponsor assumes no responsibility for: (1) technical delays or failures of any kind, (2) unauthorized human intervention during any part of the Sweepstakes, (3) technical or human error during the administration or processing of the Sweepstakes, or (4) any loss, injury, or damage caused, whether directly or indirectly, in whole or in part, from downloading data or otherwise participating in the Sweepstakes. By entering into this Sweepstakes, entrants agree to release and hold harmless Sponsor, Facebook, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each company's officers, directors, employees and agents from and against any claim or cause of action, including, but not limited to, damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize. Additional Terms. Bloom2Bloom LLC reserves the right to cancel, suspend and/or modify any Sweepstake.

Additional Terms. Bloom2Bloom LLC reserves the right to cancel, suspend and/or modify Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond the Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes or, as determined by the Sponsor in their sole discretion. Bloom2Bloom LLC reserves the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Rules shall not constitute a waiver of that provision.

Applicable Laws and Jurisdiction. Sweepstakes are subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of California, without regard to any principles of conflict of laws. All disputes arising out of or connected with Sweepstakes will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, California. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) associated with participation in this Sweepstakes and shall not include any indirect, punitive, incidental and/or consequential damages.

Bloom2Bloom LLC "#Honest2Bloom" Official Sweepstakes Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. 

 

(14) TYPOGRAPHICAL ERRORS.

If Bloom2Bloom inadvertently lists an incorrect price, Product or Service description or information associated with Products or Services, due to a typographical error or to receiving incorrect information from our suppliers, partners, and/or service providers, Bloom2Bloom shall have the right to refuse or cancel any orders placed for the Products or Services listed at the incorrect price, with the incorrect description, or with the incorrect information. Bloom2Bloom shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or debit card has charged. If your credit card or debit card has already been charged for the purchase and your order is canceled, Bloom2Bloom shall immediately, upon notifying you of the cancellation via the contact information you provide to Bloom2Bloom in your order form, issue a credit to your credit card or debit account in the amount of the charge. It is your responsibility to provide the correct contact information to Bloom2Bloom. If the purchase of Products or Services in which there is listed an incorrect price, description or information is completed using a Bloom2Bloom voucher code, coupon code, sale code, or promotional code, Bloom2Bloom shall immediately, upon notifying you of the cancellation, issue you a new code of the same value you as the initial code to use on a future purchase.

 

(15) LOCATION.

 The Site is operated by Bloom2Bloom LLC in the United States. Those who choose to access the Site from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

 

(16) TERM AND TERMINATION.

This Agreement is effective until terminated. Bloom2Bloom may terminate this Agreement with or without notice for any reason, or for no reason. You may terminate this agreement by discontinuing your use of the Site and notifying Bloom2Bloom in writing. You may contact Bloom2Bloom via email at CustomerService@bloom2bloom.com

(17) WARRANTY DISCLAIMER LIMITATION OF LIABILITY, INDEMNITY, AND APPLICABLE LAW.

 

THE SITE AND ITS CONTENT ARE PROVIDED ‘AS IS’ AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.

 

BLOO2MBLOOM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES CONTAINED IN THE SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. BLOOM2BLOOM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

BLOOM2BLOOM RESERVES THE RIGHT TO SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF THE SITE AT ANY TIME WITHOUT NOTICE WITHOUT INCURRING ANY LIABILITY.

 

YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, BLOOM2BLOOM, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.

 

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.

 

Indemnity: By using any one of our Sites, you agree to indemnify and hold Bloom2Bloom, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of such Site, including providing a link to another site or any User Content or your violation of these Terms and Conditions.

 

Applicable Law: The Terms and Conditions and any legal action against us shall be governed in all respects by the laws of the State of California and as those laws apply to agreements entered into and to be performed entirely within California.

 

(18) BINDING ARBITRATION.

 

(i) Arbitration Procedures. You and Bloom2Bloom agree that, except as provided in Section (iv) below, all disputes, controversies and claims related to this Agreement (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail. Except as otherwise set forth in Section (iv) below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Bloom2Bloom will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (a) you and Bloom2Bloom may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND BLOOM2BLOOM WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

(ii) Location. The arbitration will be conducted in Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances.

(iii) Limitations. You and Bloom2Bloom agree that any arbitration shall be limited to the Claim between Bloom2Bloom and you individually. YOU AND BLOOM2BLOOM AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

(iv) Exceptions to Arbitration. You and Bloom2Bloom agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Bloom2Bloom’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (b) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

(v) Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

(vi) Severability. You and Bloom2Bloom agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section (iv)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section (iv) is found to be illegal or unenforceable, then neither you nor Bloom2Bloom will elect to arbitrate any Claim falling within that portion of Section (iv) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Bloom2Bloom agree to submit to the personal jurisdiction of that court.

 

(19) GENERAL PROVISIONS 

Agreement Revisions. This Agreement may only be revised in writing by Bloom2Bloom, or published by Bloom2Bloom on the Site.

 Force Majeure. Bloom2Bloom is not  liable for any delay or failure to perform resulting from causes outside the reasonable control of Bloom2Bloom, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Bloom2Bloom’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bloom2Bloom as a result of this Agreement or your use of the Site.

Assignment. Bloom2Bloom may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Bloom2Bloom’s prior written consent, and any unauthorized assignment by you shall be null and void.

Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.

Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, both parties agree to bear their own reasonable costs, attorneys’ fees and other expenses incurred.

Section Titles. Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions.

No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Equitable Remedies. You hereby agree that Bloom2Bloom would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site.

 

(20) NOTICE TO CALIFORNIA USERS AND RESIDENTS.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding Bloom2Bloom or the Site, please send an email to customerservice@bloom2bloom.com. You may also contact us by writing to:

Bloom2Bloom

1520 Montana Avenue #5 Santa Monica, CA 90403

 

(21) ACKNOWLEDGEMENT AND AGREEMENT.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE SITE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.