Terms & Conditions
THESE TERMS AND CONDITIONS ARE INCORPORATED INTO THE FERTILITY COACHING AGREEMENT BETWEEN BLOOM FERTILITY COACH, LLC AND ITS CLIENTS, AND ARE ALSO APPLICABLE TO ALL USERS OF THIS WEBSITE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS WEBSITE AND USING BLOOM SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS WEBSITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE THIS WEBSITE OR OUR SERVICES.
ACCEPTANCE OF TERMS AND CONDITIONS
The following Terms and Conditions (“T&C”) are incorporated into the Fertility Coaching Agreement between Bloom Fertility ™ Coach, LLC (“Bloom”), located at 3300 Walnut Street, Suite 117, Denver, CO 80205 and its clients who have executed a Fertility Coaching Agreement with Bloom. The T&C also govern the relationship between Bloom and its subsidiaries and affiliates (if any), in association with the use of the Bloom website: www.bloomfertilitycoach.com including all pages within the website), (the "Site") on the one hand, and Bloom clients and any other users of the Site and others which may interact with the Site. Bloom clients and any and all visitors to the Site shall be deemed "Users" for purposes of the T&C.
As used herein, the term “Services” shall refer to the fertility coaching services and related services provided by Bloom to its clients. The Site is not for use by any minors (defined as those who are not at least 18 years of age). If you are a minor, please exit the Site.
RETRICTIONS ON USAGE
You are expressly and emphatically restricted from all of the following without the express written consent of Bloom:
Publishing any material from or displayed in the Site in any media;
Selling, sub-licensing and/or otherwise commercializing any material from or displayed in the Site, or any physical materials or coaching methods used by Bloom;
Using the Site in any way that is, or may be, damaging to the Site or to Bloom;
Using the Site in any way that impacts User access to the Site;
Using the Site contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Site, Bloom or to any person or entity;
Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Site, or while using the Site;
Using the Site to engage in any advertising or marketing; or
Using this Site if you are outside the United States.
Certain areas of this Site are restricted from access by Users and Bloom may further restrict access by Users to any areas of the Site, at any time, in its sole and absolute discretion. Any User ID and password you may have for the Site are confidential and may only be used by the individual User who has registered he User ID and password. It is fully the User’s responsibility to maintain confidentiality of such information. Users may save a link to any of the public Site for their own use. However, Users may not imbed a link to any password protected area of the Site on any other website or document without prior written permission from Bloom.
INTELLECTUAL PROPERTY/PROPRIETARY RIGHTS
User acknowledges and agrees that Bloom Services and the Site contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. User is granted a limited license only, subject to the restrictions provided in these T&C, for purposes of viewing the material contained on this Site. User shall not, and shall not allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense and/or otherwise transfer any such right in the Site.
Bloom respects the intellectual property of others. The Site uses any of your intellectual property in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide the following information to Bloom at its address above:
The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
A description of the location of the site which you allege has been infringing upon your work;
Your physical address, telephone number, and email address;
A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Agent of Bloom for notice of claims of copyright or other intellectual property infringement can be contacted at the address first noted above in the T&C.
Each User agrees to indemnify and hold Bloom and its subsidiaries, affiliates, agents, employees, officers, Members, Managers and/or licensors harmless from and against any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party arising out of or in any way related to your breach of any of the provisions of these T&C, or in connection with Bloom Services.
COMMERCIAL REUSE OF SERVICES
User agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to the Site.
MODIFICATIONS - SERVICE
Bloom reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, its Services, or any part thereof, with or without prior notice, subject to the provisions of the Fertility Coaching Agreement, if applicable. In the event of any such modification, alteration or discontinuance, Bloom shall not be held liable to any User as a result of same.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through the Site, which may include the payment and/or delivery of goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between the User and any such advertiser. Moreover, Users agree that Bloom not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on the Site.
The Site may contain links to other websites and/or resources. Users acknowledge and agree that Bloom is not responsible for the availability of any such external websites or resources, and as such, Bloom does not endorse nor is Bloom responsible or liable for any content, products, advertising or any other materials, on or available from such third party websites or resources. Furthermore, Users acknowledge and agree that Bloom shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource. It is solely the responsibility of each User to investigate any third party prior to using their products or services, and make their own decision whether to use their products or services. Users may save a link to any are off the Site for their own use. However, Users may not imbed a link to any password protected area of the Site on any other website or document without prior written permission from Bloom.
WARRANTY DISCLAIMER - SITE
The Site is provided “as is,” with all faults, and Bloom makes no express or implied representations or warranties, of any kind related to the Site or the materials contained on the Site. Additionally, nothing contained on the Site shall be construed as providing consult or advice to any User.
USERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE USE OF Bloom SERVICES AND THE SITE ARE AT YOUR SOLE RISK. Bloom EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Bloom MAKES NO WARRANTIES THAT (I) Bloom SERVICES OR THE SITE WILL MEET YOUR REQUIREMENTS; (II) Bloom SERVICES OR THE SITE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; OR (III) THAT RESULTS WHICH MAY BE OBTAINED FROM THE USE OF Bloom SERVICES OR THE SITE WILL BE ACCURATE OR RELIABLE.
ANY INFORMATION OR MATERIAL OBTAINED FROM Bloom OR THE SITE SHALL BE ACCESSED AT YOUR SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
NO ADVICE AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM Bloom OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&C.
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT Bloom AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, MEMBERS AND MANAGERS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
THE USE OR INABILITY TO USE Bloom SERVICES;
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; OR
ANY OTHER MATTER WHICH MAY BE RELATED TO Bloom SERVICES OR THE SITE.
The following provisions apply to User’s use of the Site, and are also incorporated into the Fertility Coaching Agreement between the User and Bloom, if such agreement has been entered into with Bloom.
Notices and Communications. Any notice or other communication which may be required or which may be given under the terms of the Fertility Coaching Agreement, shall be deemed sufficiently given if (i) personally delivered, (ii) sent by registered or certified mail, return receipt requested, postage prepaid, or (iii) e-mailed, and addressed to the receiving party at the contact information set forth below the signature of each party at the end of the Fertility Coaching Agreement. The date of service by mail of any notice or other communication required or which may be given under the terms of this Agreement shall be the three (3) days after the date on which the same is deposited with the United States Postal Service by the party sending such notice or communication. The date of service by personal delivery shall be the date the notice or communication is delivered to the recipient. The date of service by e-mail shall be the date the e-mail is transmitted to the intended recipient. Either party may, by prior written notice to the other party, change the address to which any notice or communication hereunder may be given to such party.
Partial Invalidity. Any provision of the Fertility Coaching Agreement which shall be determined invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof and such other provision shall remain in full force and effect.
Limitation on Waiver. A waiver by any party to the Fertility Coaching Agreement, of a breach of any of the covenants or agreements to be performed by another party shall not be interpreted as a waiver of any succeeding breach of the same or other covenants or agreements.
Attorney Fees, Costs and Expenses. Nothing in the Fertility Coaching Agreement will be construed so as to impair any legal or equitable right of any party to enforce any of the terms of the Fertility Coaching Agreement by any means. In the event of such action, the prevailing party will be entitled to costs, expenses and attorney fees incurred, including those incurred on appeal and for collection of a judgment, in addition to any other relief to which such party may be entitled.
Successors/Assigns. The Fertility Coaching Agreement shall inure to the benefit of and be binding upon the parties thereto and their respective heirs, successors, personal representatives and assigns. The parties each agree to take such further action and deliver such ancillary documents as may be reasonably necessary in order to carry out the terms and provisions of this Agreement.
Choice of Law. The Fertility Coaching Agreement was executed in Denver, Colorado, and shall be governed and construed in accordance with the laws of the State of Colorado without giving effect to conflict of laws principles. Each party submits to the jurisdiction of any state or federal court in the State of Colorado. The parties agree that venue for any proceeding or litigation, judicial or non-judicial, arising out of the subject matter of the Fertility Coaching Agreement shall lie exclusively with the courts of the City and County of Denver, Colorado.
No Third Party Beneficiary. No Person other than the parties to the Fertility Coaching Agreement has any rights or remedies under the Fertility Coaching Agreement.
Gender and Pronouns, Singular and Plural. Unless the context requires otherwise, words denoting the singular may be construed as denoting the plural and words of the plural may be construed as denoting the singular, and words of one gender may be construed as denoting all other genders as is appropriate.
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