Terms

Bloom Again Health, LLC Terms and Conditions

Last Revised: January 2019.

Please read these Website Terms and Conditions and Terms and Conditions for Purchased Courses, Programs, Products, Services or Program Materials carefully before using this Website or purchasing any Course, Program, Product, Service or Program Materials.

Acceptance of Terms

The Website and its Content are owned by Bloom Again Health, LLC (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of http://BloomAgainHealth.com (“Website”). Please read these Terms and Conditions carefully. We reserve the right to change these Terms and Conditions on the Website at any time without notice, and by using the Website and its Content you are agreeing to the Terms and Conditions as they appear, whether or not you have read them. If you do not agree with these Terms and Conditions, please do not use our Website or its Content.

By using our Website and its Contents, programs, services, or products in any way or for any reason, you implicitly agree to these Terms of Service, our full Disclaimer and the Terms and Conditions of any paid program which you purchase.

Website Use and Consent

Whether you use this Website as a casual visitor, guest, registered user, licensee, or as a member of our programs, you are agreeing to certain terms which are clearly outlined below.

If you have purchased a course, program, membership or subscription or otherwise entered into an agreement with us you will also be governed by the terms of that agreement or the terms and conditions for that program, which shall prevail in the event of a conflict. Online purchases have additional terms and conditions relating to the transaction as indicated.

We try to ensure that Website availability is uninterrupted and that transmissions will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services. We of course try to limit the frequency and duration of any suspension or restriction.

Although every effort is made to ensure the accuracy of published information on or through this Website and its Contents, the Website and its Contents may inadvertently contain technical inaccuracies or typographical errors. This information may be changed or updated without notice. We assume no responsibility for errors or omissions on the site or in documents referenced by or linked to our Website. We are not responsible for the views, opinions, or accuracy of facts referenced in this Website and its Contents, or in any of our programs, services, courses, classes, or materials. Every effort has been made to present you with the most accurate, up-to-date information, but due to the nature of scientific research constantly evolving, we cannot be held responsible for the accuracy of the content.

This Website is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Website and its Contents by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using this Website, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of our terms and conditions.

Intellectual Property Rights

The content, words, layout, design, data, databases, images, graphics, information, materials, documents and all other information and intellectual property accessible on or through this Website and its Content, as well as any Courses, Programs, Products, Services or Materials are protected by United States intellectual property laws. Content is solely owned by us, unless otherwise indicated.

Our Limited License to You. This Website and all the materials available on the Website are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

If you purchase any Course, Program, Product, Service, or Program Materials through this Website, you will be considered our Licensee and the terms and conditions specifically relating to the respective program or service purchase shall apply.

If you are a visitor to this Website and you are not making a purchase of a Course, Program, Product, Service, or Program Materials through this Website, for the avoidance of doubt, all content obtained from or on this Website is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

As a Licensee, you understand and acknowledge that this Website and its Content have been developed or obtained by us through the investment of significant time, effort and expense, and that this Website and its Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorized use. We clearly state that you may not use this Website or its Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.

The trademarks and logos which are displayed on the Website or in any of our courses, programs, products, services, program materials or classes are trademarks belonging to us. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.

For those trademarks and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any preview call titles, program titles, program material titles, or any other title or information of ours bearing the trademark (™) symbol may not be used by you for any reason without our express written permission.

When you purchase a Course, Program, Product, Service or Program Materials or access our Website or any of its Content, you expressly agree that:

You will not steal our content. Duplication, sharing, or uploading course, product, materials or program files to sharing sites, or downloading or sharing information contrary to the limited license we have provided to you herein is considered stealing and theft, and we will prosecute theft to the full extent of the law.
You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.
You may not in any way at any time use, copy, adapt, imply or represent that our Website or its Content is yours or created by you. By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content – it is still our property.
You must receive our written permission before using any of our Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Website Content because that is considered stealing our work.
We are granting you a limited license to enjoy our Website and its Content for your own personal use, not for your own business/commercial use or in any that earns you money, unless we give you written permission that you may do so.
Unless otherwise explicitly authorized in these Terms and Conditions or the Terms and Conditions relating to a specific program, product or service you purchased through this Website, or unless you obtain advance written permission from us, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material purchased through any of our Courses, Programs, Products or Services, or obtained on or through the Website, including through an individual or group program, e-book, private Facebook or Website forum, or class for commercial use, or for use in any way that earns you money, and you must seek our permission before using any of our materials or content from this Website for your own business use or before sharing with others.

All rights not expressly granted in these terms or any express written license, are reserved by us.

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Website, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are 18 years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant that include the right to exploit any proprietary rights in such posting of submission, including, but not limited to, right under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.

You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Request for Permission to Use Content

Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail to [email protected].

We very clearly state that you may not use any Content in any way that is contrary to these Terms and Conditions unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and its Content.

Limitations on Linking and Framing

You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of your site by us or by the Website. However, you may not, without our prior written permission, frame or inline link any of the content of the Website, or incorporate into another Website or other service any of our material, content or intellectual property.

Security

We take every precaution to protect our users’ information. When users submit sensitive information via the Website, all information is protected both online and offline.

However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.

We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

Disclaimer

As a visitor to this Website and as a Licensee, you agree that you are using your own judgment in using the information provided on and through this Website, which is done at your own risk.

This information contained on this Website and its Content, as well as all Courses, Programs, Products, Services, Materials, Blogs or emails, has not been evaluated by the FDA (Food and Drug Administration) and is not intended to diagnose, treat, cure or prevent any disease, or to be considered medical or psychological advice.

The information provided through our Website is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, spiritual counselor, or any other licensed or registered health care professional. You and your clients should not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website or received from us. You and your clients should not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you or your clients have or suspect that you/they have a medical or mental health issue, you are advised contact your/their own health care provider promptly. You and your clients assume all risks and no results are guaranteed. The content of this Website is provided for educational and informational purposes only to help you reach your own business goals, but you are solely and personally responsible for the results you and your clients obtain through our Website.

THE INFORMATION, COURSES, PROGRAMS, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND BY US AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless us and our affiliates, successors, transferees, assignees and licensees and respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

We try to ensure our Website is available for use at all times, other than for a small period for scheduled downtime; however, we do not warrant that at other times our Website will be available.

Technology Disclaimer. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds should our Website become unavailable or access to the Website becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website inaccessible to you.

The content obtained on or through this Website is designed for non-medically trained individuals and should not be relied upon as a replacement for consultation with your doctor or other qualified health care provider.

Legal and Financial Disclaimer. This Website and its Content are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Website and its Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website or its Content. You are solely responsible for your results.

Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of this Website or its Content. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Website or its Content and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through the use of our Website or its Content. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Website or its Content. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the Website, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.

By using our Website in any way or for any reason, you also implicitly agree to our full Disclaimer.

Limitation of Liability

Under no circumstances, including, but not limited to negligence, shall anyone related to Bloom Again Health, LLC or any subsidiary and parent companies or affiliates, included but not limited to our shareholders, directors, officers, staff, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Course or Program, including its materials or third party materials made available through the Course or Program, even if we are advised beforehand of the possibility of such damages.

You agree at all times to defend, indemnify and hold harmless Bloom Again Health, LLC, our shareholders, directors, officers, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each, if applicable, from and against accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue and any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to the Program as experienced by you, anyone affiliated in any way with your business, or any of your clients, and/or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions.

We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website or its Content, or in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility.

Release of Claims

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

You acknowledge and agree that no representation has been made by us or our affiliates and relied upon as to the future results that may be obtained from your access to our Website.

Third Party Links

Throughout this Website, we may provide links and pointers to Internet sites which may take you outside of our owned or controlled Website to other websites maintained by third parties. Links are provided for your convenience, and an inclusion of any link does not imply endorsement, sponsorship, or approval by us of the linked website, its operator or content.

In addition, neither we nor affiliates operate or control in any respect any information, programs, products or services that third parties may provide on or through their websites or on websites linked to our Website. We have no control over the contents or functionality of those websites and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside this Website, and such other website use will be subject to those linked websites’ relevant terms and conditions and privacy policies. It is your responsibility to review those terms and conditions and privacy policies of other websites to confirm that you understand and agree with those policies.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not us. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, we do not endorse and we are not responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Websites by anyone other than our authorized representative while acting in his/her official capacity.

Your Conduct

You must not use our Website in any way that causes or is likely to cause our Website, Content, or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content or to us.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or its Content. You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

You must use the Website for lawful purposes only. You must not use the Website for any of the following:

For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity.
To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not.
To cause annoyance, inconvenience or needless anxiety.
To impersonate any third party or otherwise mislead as to the origin of your content.
To reproduce, duplicate, copy or resell any part of our Website or the content therein in contravention with these terms of use or any other agreement with us.

Online Commerce

If making a purchase by PayPal, debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Course, Program, Product or Service without any additional authorization, for which you will receive an electronic receipt. Should you be provided with a PayPal invoice instead, you are required to manually pay it by the date due on the invoice or your Course, Program, Product or Service will be put on hold until payment is made.

In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Course, Program, Product or Services will not continue and we reserve the right to cease your access immediately and permanently.

If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Courses, Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Courses, Programs, Products and/or Services.

Certain sections of the Website or its Content may allow you to purchases from us, from other merchants with external links on our site or through a cellular phone app. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant and our payment processing company.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these programs, products or services.

A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase our Courses, Programs, Products or Services on or through the Website, you are subject to additional terms and conditions that specifically apply to your purchase or use of such Courses, Programs, Products or Services.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or cellular phone app. You agree to use the Website and to purchase our Courses, Programs, Products or Services through the Website or cellular phone app for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.

You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any Courses, Programs, Products or Services made available by third parties through the Website or cellular phone app.

Your participation, correspondence or business dealings with any third party found on or through our Website or cellular phone app, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party.

You agree that we shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the merchant directly.

Refund Policy

Your satisfaction with our Course, Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Courses, Programs, Products, Services and Program Materials, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Courses, Programs, Products, and Services, and no refunds will be provided to you at any time. By using and/or purchasing any of our Courses, Programs, Products, Services or Program Materials, you understand and agree that all sales are final and no refunds will be provided.

Termination

We reserve the right in our sole discretion to refuse or terminate your access to the Website, Courses, Programs, Products, Services or Program Materials, or any part of the Website at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall survive.

You have the right to terminate your use of or participation in our Courses, Programs, Products or Services at any time by sending an e-mail to[email protected].

In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.

Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Courses, Programs, Products, Services and/or our Program Materials, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Courses, Programs, Products, Services or Program Materials at any time without notice and in our sole discretion.

All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.

Dispute Resolution

It is hoped that should we ever have any differences, we could be able to work them out amiably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to me at [email protected] and include all of your reasons for dissatisfaction with your Course or Program. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. By purchasing our Courses, Programs, Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action. You also agree that should arbitration take place, it will be held in Dallas in the State of Texas where my business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our Courses, Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

Confidentiality and Privacy

Confidential Information. To use our Courses, Programs, Products, Services or Program Materials, we may seek personal data or information including your name, e-mail address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in our Courses, Programs, Products, Services or Program Materials (“Other Information”). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms of Use and our full Privacy Policy which may be found on our Website. If you believe that any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any Confidential Information found to be incorrect.

What We Do With Confidential Information.We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Courses, Programs, Products, Services or Program Materials, (3) to periodically send promotions about new Courses, Programs, Products or Services or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Courses, Programs, Products or Services you purchase or use according to your interests and/or (6) for support or communication related to your Course, Program, Product, Service or Program Materials.

Storage. All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.

Confidentiality and Disclosure. All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information: (1) pursuant to this terms of these Terms of Use and Privacy Policy and our Disclaimer, (2) if we are required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates, (5) to protect and defend our rights or property or those of our users or purchasers, and/or (6) to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.

Viewing by Others. Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Courses, Programs, Products, Services, or Program Materials, our Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.

How We Use Cookies. We may use the standard “cookies” feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of our Courses, Programs, Products, Services or Program Materials may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our Courses, Programs, Products, Services or Program Materials.

Passwords. To use certain features of our Courses, Programs, Products, Services, or Program Materials, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Course, Program, Product, Service, Program Materials, Website, private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our Courses, Programs, Products and Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately inactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

If you have any questions, please contact us at [email protected].

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TERMS AND CONDITIONS FOR COURSES, PROGRAMS, AND/OR PROGRAM MATERIALS PURCHASED FROM BLOOM AGAIN HEALTH, LLC

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By accessing, downloading, or otherwise using this Course, Program and/or Program Materials by Bloom Again Health, LLC, in any way or for any reason (“Use”), you implicitly agree to our full Disclaimer, these Terms and Conditions, and the Privacy Policy, all as set forth below.

Bloom Again Health, LLC Terms and Conditions for Purchased Courses, Programs and/pr Program Materials

Last Revised: January 2019.

Program Use and Consent

These Courses, Programs and Program Materials are owned and operated by Allison Knox Blankenship of Bloom Again Health, LLC (“Company”, “we”, or “us”). The Company’s Courses, Programs and Program Materials have been developed or obtained by us through the investment of significant time, effort and expense, and this information is a valuable, special and unique asset of ours, which needs to be protected from improper and unauthorized use.

Use constitutes your agreement to be bound by these Terms and Conditions, whether or not you have read them. We reserve the right to change these Terms and Conditions from time to time and your continuing use will constitute your agreement to be bound by any and all such changes. If at any time you do not agree with these Terms, please do not use the Course, Program or Program Materials.

We try to ensure that Course and Program availability is uninterrupted and that our website, public and private Facebook pages, e-mail communications, Program tele-classes, recordings and written materials will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services.

Although every effort is made to ensure the accuracy of published information on or through this Course, Program or Program Materials may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced in the Course, Program or Program Materials or in any of our programs, services, courses, classes, or program materials. Information may be changed or updated without notice. We assume no responsibility for errors or omissions in the Course, Program or Program Materials or in documents referenced by, or linked to, the Course, Program or Program Materials.

This Course, Program or Program Materials are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Program or website by anyone under 18 is unauthorized, unlicensed and in violation of these Terms and Conditions. By accessing or using this Course or Program on our website, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of our Terms and Conditions.

Our Limited License to You. This Course, Program and all the Program Materials available through it are the property of the Company and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The content, layout, design, data, databases, recordings and graphics in this Course, Program and Program Materials are protected by United States intellectual property laws. Content is solely owned by us, unless otherwise indicated.

If you purchase a Course, Program or access any materials through this Program, you will be considered our Licensee, with a revocable, non-transferable license for limited personal use only, limited to you only, to be used only in accordance with the Disclaimer, the Terms and Conditions, and the Privacy Policy.

As a Licensee, you understand and acknowledge that this Course, Program and Program Materials have been developed or obtained by us through the investment of significant time, effort and expense, and that this Website and its Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorized use. We clearly state that you may not use this Course, Program or Program Materials in a manner that constitutes an infringement of our rights or that has not been authorized by us.

You Are Prohibited from Sharing with Others. You understand and acknowledge that the information obtained through your Course or Program and is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized use. You expressly agree that you will not use our content in any way that is contrary this Agreement, including the following:

You may not share your login information and/or password to the Course or Program or provide access to any of the Program Materials to any other person or entity, without our express written permission.
You may not alter or misrepresent the Course, Program or Program Materials in any way as yours or in any way created by you, unless otherwise permitted in this Agreement.
You are explicitly prohibited from training any other person using the Course, Program and/or Program Materials unless otherwise explicitly authorized in this Agreement.
You may not duplicate or share, the Course, Program or Program Materials with any other person for their business or professional use, and you are not authorized to train any other person or business how to use the Course, Program or Program Materials for their own commercial or business use with their own clients.
If you obtain or receive knowledge that someone else intends or uses the Course, Program and/or Program materials for commercial or business use, you agree to notify us immediately. Violation of this section may be considered theft or stealing, and therefore you would be acting without permission and directly contrary to, and in violation of, the limited license you have been granted through this Agreement.
You are expressly forbidden from creating your own program or course that is identical or substantially similar to the Course, Program and/or Program Materials for any business or commercial use. Because of the time, energy and effort required to develop the Course, Program and Program Materials, if you do so, you may be considered to be stealing copyrighted, trademarked, and proprietary information that belongs to us, and you agree that we have the right to take legal action if desired.
Except as specifically provided by us, you are prohibited from copying, editing, modifying or stealing any photos, collages, banners, text, descriptions and/or any other information produced by us describing, promoting or marketing contained on our website, sales pages, email, video, or any other Course, Program, and/or Program Materials or correspondence belonging to us or that you may receive from us. By downloading, printing, or otherwise using the Course, Program and/or Program Materials for your own business in no way gives you any copyright or ownership rights of that material. All rights not expressly granted in these terms or any express written license, are reserved by us.

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Course, Program, Website, or public or private Facebook group pages, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older.

In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant includes the right to exploit any proprietary rights in such posting of submission, including, but not limited to, right under copyright, trademark, service mark or patent laws in any relevant jurisdiction. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.

Obtaining Permission To Use Our Intellectual Property

Any request for permission to use our content, images, or other information obtained from or through the Course, Program or Program Materials or any other intellectual property, should be made using the “Contact” information on the website, or by sending an e-mail to [email protected].

Security

We cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.

Personal Responsibility & Assumption of Risk

You acknowledge that you take full responsibility for your health and wellbeing, and all of your choices, actions, and results made before, during and after your Program. We have used care in preparing the information provided to you through this Program and it is being made available to you for your informational and educational purposes only. You understand that you are expressly assuming all of the risks of the Program, whether or not such risks were created or exacerbated through Program, and you are solely responsible for the results experienced by you. We are not responsible for your decisions, actions, failure to act, or results for yourself at any time.

Medical Disclaimer

This Website and the Courses, Programs and Program Materials contained within, are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through this Course or Program is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, massage therapist, or any other licensed or registered health care professional, respectively. Do not disregard professional medical advice or delay seeking professional advice for yourself or your client because of information you have read in this Course or Program or received from us. If you have or suspect that you have a medical or mental health issue, contact their health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition, nor does this Course or Program grant you any rights, licensure, certification, or privilege for you to do the same, unless you are already a licensed medical professional operating within your scope of practice. This Course or Program is not to be perceived as giving you medical, psychological, or religious advice whatsoever; rather we are sharing education, information and tools to assist you in living a healthy lifestyle.

Disclaimer

As a Licensee, you agree that you are using your own judgment in using the information provided on and through this Course, Program or Program Materials which is done at your own risk. You also agree to our full Disclaimer.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE COURSE, PROGRAM AND/OR PROGRAM MATERIALS AND BY US AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAM OR PROGRAM MATERIALS OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM OR PROGRAM MATERIALS OR WITH REGARD TO THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless the Company, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, employees, and agents of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth in this Disclaimer, in the Terms and Conditions, or in the Privacy Policy.

We accept no liability for any of the views, facts, opinions, or references in the Course, Program or Program Materials whatsoever. You assume responsibility for using, or not using, any of the information in this Program, and you acknowledge that you are using it, or not using it, at your own risk. Information posted on this Site related to this Course, Program or otherwise, or linked to a third-party website, expresses a perspective which may or may not necessarily reflect our views.

The content obtained on or through the Course, Program or Program Materials is designed for non-medically trained individuals. The information provided to you is not diagnosing or treating a health problem or disease, or prescribing medication or other treatment. We are not a doctor, medical health practitioner, psychologist, therapist, licensed nutritionist or dietitian or other licensed or registered health professional and we make no claims in this regard. Nothing contained in the Course, Program or Program Materials or on our Website is intended to be a substitute for the medical diagnosis or treatment that can be provided by a physician or another qualified health care professional. You always should seek the advice of a physician or another qualified health care provider regarding any specific medical condition.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM OR PROGRAM MATERIALS OR THIRD-PARTY MATERIALS MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THESE PROGRAM OR PROGRAM MATERIALS. IF YOU ARE DISSATISFIED WITH THE PROGRAM, PROGRAM MATERIALS OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM, PROGRAM MATERIALS AND THE WEBSITE.

INFORMATION PROVIDED THROUGH THE PROGRAM AND PROGRAM MATERIALS IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

WE DO NOT MAKE ANY REPRESENTATIONS AS TO THE FUTURE HEALTH BENEFITS AS A RESULT OF YOUR PARTICIPATION IN THIS PROGRAM OR PURCHASE OF THE PROGRAM, PROGRAM MATERIALS OR SERVICES.

You acknowledge and agree that no representation has been made by the Company or our affiliates, and relied upon, as to the future health benefits that may be derived from participation in our programs, program materials or services.

To the fullest extent permitted by law, we expressly exclude:

All conditions, warranties and other terms, which might otherwise be implied by statute or common law;
Any obligation of effectiveness or accuracy; and
Other than as set out below, any liability for any direct, indirect or consequential loss or damage incurred by you in connection with this Program or Program Materials including by your use or inability to use any information obtained on or through the Course, Program, Program Materials, any websites linked to the aforementioned, and any material posted on the Website, public and private Facebook group pages, email correspondence or in any other way through the Course, Program or Program Materials by us or by others, including without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however caused, even if foreseeable.

Your Conduct

You must not use our Website or public or private Facebook group pages in any way that causes or is likely to cause the Website or public or private Facebook group pages or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to us.

You must use the Course, Program, Program Materials, Website, and public or private Facebook group pages for lawful purposes only. You must not use the Course, Program, Program Materials, Website, and public or private Facebook group pages for any of the following:

For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity.
To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam.
To cause annoyance, inconvenience or needless anxiety.
To impersonate any third party or otherwise mislead as to the origin of your content.
To reproduce, duplicate, copy or resell any of our content in contravention with these Terms and Conditions or any other agreement with us.

Online Commerce

When you purchase this Course, Program and/or Program Materials, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and us. We agree not to share it with anyone else. Transactions within the Company are made through PayPal, Square and Stripe. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for their policies.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to purchase and use the Course, Program and/or Program Materials for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.

You release us and our affiliates from any damages that you incur, and agree not to assert any claims against them, or us arising from your purchase or use of this Course, Program and/or Program Materials.

You agree to only purchase this Course, Program and/or Program Materials for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Refund Policy

Our commitment is to offer you up to date educational information regarding health conditions and healthy lifestyle, so that you can be better informed about how to support your own health.

Due to the nature of a downloadable product, we do not issue refunds at any time for any reason.

Termination

We reserve the right in our sole discretion to refuse or terminate your access to the Course, Program, Program Materials, and/or Website or any part of the Website and its Content at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the website, and the disclaimers and limitations of liabilities set forth in the Disclaimer, Disclosure, Terms and Conditions, and Privacy Policy shall survive. If you have any questions, please contact us at [email protected].

Privacy Policy Consent

Use of the data that you provide to us, or which is collected by us on or through our Courses, Programs, Program Materials or Services is governed by this Privacy Policy. By using our Course, Program, Program Materials or Services you consent to this policy.

Submission, Storage and Sharing of Personal Data

We may seek personal data including your name, e-mail address, and other contact information when you purchase the Course, Program, Program Materials, Services or otherwise. By you providing such information to us, you grant us permission to use and store such information.

We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to conform to the edicts of the law or comply with legal process served on us, our partners, sponsors, investors, or affiliates; protect and defend our rights or property or those of our users; or to act as immediately necessary in order to protect the personal safety of our users or the public.

Whenever you voluntarily make your personal information available for viewing by third parties online, such as on our Website or the public or private Facebook group page, the information you share also can be seen, collected and used by third parties. We are not responsible for any unauthorized third party use of such information.

Passwords

To use certain features of the Website, you may need a username and password, which you will receive through the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.

You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Course, Program, Program Materials, Website and the private Facebook group.

It is your responsibility to protect your password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, you do so at your own risk.

By using our Course, Program, Program Materials or Services you agree to enter true and accurate information as part of the registration or otherwise. If you enter a bogus email address, we have the right to immediately inactivate your account.

We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury or interfering with our rights or property.

If you have any questions, please contact us at [email protected].

Terms

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