Terms and Conditions

Important Note: Like all self help audio recordings, recordings on this site are not intended to be a substitute or replacement for any treatment, counseling or prescription from your health care practitioner. If you suspect you have any medical and/or psychological condition, or you are aware of having underlying trauma, you should first consult with your personal health care practitioner or mental health professional who will advise on their suitability for you. Programs are not a stand alone treatment alternative for those who have experienced abuse in any form, unless approved by a medical professional. They may prove to be a useful adjunctive resource for recovery once any underlying issues have been resolved with a professional healthcare practitioner. The user is responsible for all outcomes.

Updated March 22 2018

1. Disclaimer

All information on these pages are for educational purposes only. Your access to and use of this website is subject exclusively to these Terms and Conditions. By using Bloom factor Inc., website / RochelleLCook.com or Dr MichaelGlock.com or The Soulscoach.us website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the site. Users of this site and any and all Healthy Audio products take full responsibility for all outcomes.

Neither information nor products provided in this web site are in any way a substitute of any kind for personal evaluation with a qualified medical practitioner. ONLY a qualified medical physician can give you a definitive diagnosis of any presenting symptoms. Always consult your medical professional regarding your symptoms and any concerns you may have about commencing use of any product on this site.

Bloom factor Inc., / RochelleLCook.com or Dr MichaelGlock.com or The Soulscoach.us, Bloom Factor Inc., and any associates, employees, agents or representatives associated with any company or associated with Bloom Factor Inc.:

(1) are not liable in any way with regard to the accuracy, completeness or current validity of any information, articles, research studies or products contained in this web site, or in any of the links provided.

(2) are not liable in any way for effects, or lack of effects, or any damages of any kind resulting from the use or misuse of the information and content given or the use or misuse of any products described in this site.

(3) will not be liable in any way for any damages of any kind with respect to any use of this web site, its content, or products.

2. Privacy Policy

All transactions are undertaken in accordance to American law. We respect your privacy, and this privacy statement is provided to apprise you of our information gathering and dissemination practices. We reserve the right to modify this information at any time. Collection and Use of Personal Information Personal information is defined as your name, street or e-mail address, phone number, credit card or any other information which, when used by itself or with other data, might identify you individually. This information is only collected from you when you provide it to us voluntarily, when placing an order from us online, via our secure ordering and information phone lines, or via postal mail. Personal information is only collected so that we can contact you, in order to complete the sale. We will not collect personal information from you without your knowledge. We may use the personal information that we collect to contact you in the future. We may send promotional emails notifying you of products, significant developments, or other information that we believe might be of interest. We will not share your personal information with any other parties or mailing lists.

Security

Bloom factor Inc., website ordering form and contact page has certain security practices in place to ensure the privacy of our users. Current forms of security are utilized to protect our databases. However, while we have safeguards in place to prevent interception or unauthorized access, there is no absolute guarantee of security. In the unlikely event of a breach despite our efforts, Bloom factor Inc., nor Bloom Factor Inc. and any or all associates shall not be responsible for the breach. Bloom factor Inc.,, Bloom Factor Inc. and any and all associates will keep all of your personal information private, and will only be disclosed if we have reasonable cause.

3. Copyright

All of the content, design and underlying software of this web site as well as all titles are copyright protected in their entirety and copyrighted by Bloom Factor Inc.. Terms of purchase stipulate that any portion of or all of any recordings, scripts and any / or all other service or product mentioned herein will not be copied, sold, lent, or transmitted in any way by any method without the express written permission of the owner, Bloom Factor Inc.. All rights of the owner of the recorded work reserved. Unauthorized duplication is a violation of applicable laws. By placing an order you confirm that you are of legal age relevant to your laws of residence. Permission is granted to print in hard copy, or to save electronically as files, portions of the content of this Web site for the purposes of

(1) placing an order with Bloom factor Inc., and
(2) for private, individual and non-commercial use.

Any other reproduction or modification of the content, design or underlying software of this site, or its redistribution by electronic or hard-copy means, is strictly prohibited.

ALL RIGHTS RESERVED.

These terms and conditions shall be governed by and construed in accordance with American law and you hereby submit to the nonexclusive jurisdiction of the American Courts. These terms and conditions together with any document expressly referred to in them contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters. You confirm that, in agreeing to these terms and conditions, you have not relied on any oral or written representation and you shall have no remedy in respect of any representation (other than a fraudulent misrepresentation) which has not become a term of this agreement.

Read through these terms and conditions carefully every time you use the website, in particular, your attention is drawn to SECTIONS 8 and 9 (Limitation of Liability & Virus Disclaimer)

Your attention is also drawn to our Privacy Policy section regarding your personal information.

4. General

(a) by using this website and any or all products and / or our services you agree to the terms and conditions set out here in these Terms and Conditions.

(b) We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (latest date and version number can be located at the top of these terms and conditions) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

(c) You agree that you have read and understood these terms and conditions and that you will continue to keep yourself informed of these terms and conditions.

(d) For overseas orders the customer is responsible for any and all duties and/or taxes

5. Company information

(a) By using this website you are entering into a contract with Bloom factor Inc.,.

(b) If you are in any doubt about our company or trading terms, please contact us at (info@healthyaudio.com) to request confirmation or Telephone number +44 (01) 1925 629437

(c) Bloom factor Inc.,’s Managing Director is Bloom Factor Inc..

(d) Customer services: Please ring +44 (0) 1925-629437
Hours of business are 9.30am – 4.00pm Monday to Friday. Please note times are UK GMT. Voice mail is provided for leaving messages after office hours or when the line is engaged with other customers. We are closed on all UK bank holidays, and weekends.

To ensure good practice we have regular training days for staff.
During training days or during times of high call input, an answer service may be used.

We are committed to return all calls and acknowledge all emails within 24 hours. However we endeavour to do this within 4 working hours.

 

6. Product ordering

(a) Contract formation

(1) your order to purchase a product from Bloom factor Inc., is deemed to be an offer to purchase. Bloom factor Inc., may accept or decline your offer. We will inform you if your offer to purchase has been declined. Reasons for declining orders Include (but not limited to) ineffective postal services in customer country, civil unrest in that country or where ordering address / details look suspicious.

(2) additionally we reserve the right to decline orders where a dispute has occurred with a customer in the past if this is likely to affect future effective support of our products or services. If we decide not to trade with a customer, being an individual or company, we will advise them by email. We reserve the right to accept or decline any offer of purchase. Customers who are notified by email, who subsequently purchase additional product or service directly or through a third party will have their orders stopped, and a 10% restocking and administration fee will be charged. Those who purchase through a third party, having been advised by email, that we reserve the right not to trade with them, will receive no product support or replacement product in the event of product defect.

(3) following the completion of your order process, we will send to you an order acknowledgement e-mail detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance.

(4) acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered (the Goods) unless we have notified you that we do not accept your order or you have cancelled it (please see clause 6(c) (4) below)

(b) Payment

(1) We take payment from your card when we receive your order. Goods are subject to availability. We endeavor to keep adequate stock to fulfill normal trading fluctuations based on trading trends. However, in the event that we are unable to supply the goods for any reason, we will inform you of this as soon as possible. Our standard practice is to remove non-stock items when stock is not available.
In such circumstances a full refund will be given where you have already paid for the goods. Please note orders received from outside the UK may be subject to currency fluctuations. These may result in a refund resulting in an under or over charge back. Bloom factor Inc., has no influence on currency fluctuations whatsoever. Bloom factor Inc., will refund in full, the advertised amount of the goods or the amount received in the case of a promotional sale.

(2) The price you pay is the price displayed on this website at the time we receive your order apart from the following exception – whilst every effort is made to ensure that all prices on our website are accurate, errors may occur. We will inform you as soon as possible, if we discover an error in the price of goods you have ordered. In such a case, you will be given the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund (see (b) (1) above

(3) Payment can be made by any method specified, either by card or by cheque. For information about the security of this website, please see the Privacy Policy below.

(4) Title to any products you order through this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.

(5) All prices Include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise.

(6) Your right to cancel. See (C) 5 below.

(7) Discount codes and vouchers are offered at our discretion and may be withdrawn without notice. Except where such codes and vouchers have been purchased, when a validity period of 3,6,or 12 months (whichever is applicable) will be respected and honoured.  Where discount codes and vouchers have been offered free of charge, against a product(s) where that product is returned, any refunds subject to our terms below, will exclude the discount code or voucher face value used against the original purchase.

B1 Corporate Business

Bloom factor Inc., are pleased to accept requests for information from Corporate or other organisations.

(a)  Bloom factor Inc., are, subject to terms and conditions prepared to give credit to bona-fide organisations with a proven reputation of good standing and subject to appropriate checks.

(b) Discounts offered will vary depending upon a number of factors, to be agreed with the organisation.

(c) Goods will only be supplied on the presentation of an official order and reference number.

(d) Goods will be delivered by first class signed for service through the UK Royal Mail delivery system, where proof of delivery is available.

(e) The organisation agrees to abide by the terms and conditions of trade of Bloom factor Inc.,.  Our terms and conditions apply to any and all transactions.

(f) Where discounts are given and the agreed payment date expires before payment is received we reserve the right to:

(f1) Charge interest on the outstanding invoice where payment is late by 1-4 weeks, or implement options(f1) or (f2) at our discretion.

(f2) Where a discounted invoice remains unpaid after 4 weeks, or sooner subject to the terms of sale agreed, we reserve the right to re-invoice at full RRP of product and expect payment within 3 working days, or

(f3) We reserve the right in any situation where payment is late to exercise our right under the Laws of England and Wales, to seek recompense for the amount of goods outstanding, additional costs Incurred  attempting to recover the outstanding monies, and any and all legal costs associated with such action.

(f4) The following also applies (c3),  (c4) and (c5) see below.

(c) Delivery / Returns

(1) We will only dispatch goods on confirmation that your payment has cleared (other than corporate agreements)

(2) When an order is accepted Bloom factor Inc., will dispatch product(s) within two (2) working days of receipt of payment. If for any unlikely and currently unforeseen reason this is not possible we will inform you promptly and offer you the choice of an alternative product or a refund.

(3) All goods must be signed for by an adult aged 18 years or over on delivery where applicable and if required.

(4) Risk of loss and damage of the Goods passes to you on the date when the Goods are delivered or on the date of first attempted delivery by us.

(5) Under the UK Distance Selling Regulations, you have a right to cancel your order for item(s) purchased on this website for a full refund. You have the right to cancel the contract for the purchase of CD Version items within a period of 7 working days, beginning with the day after the day on which the item is delivered.

This applies only to hard copy CD format orders. However, we regret that we cannot accept cancellations of contracts for the purchase of audio programmes where the item has been unsealed. Please note that we are unable to accept cancellation of, or returns for, digital items (MP3 or PDF Downloads) once downloading has commenced.

Otherwise, we can accept returns of complete product, which are unopened and unused and in an “as new” condition.
Please see our returns procedure page.  To cancel, you can email us or write to us (see Contact Us for details) within seven working days of delivery of your item(s), quoting your order number. If we have already taken payment from you, we will refund the full price of the goods to you. If the goods you had ordered have already been delivered to you, you must return the goods to us at your own cost or alternatively inform us when we can collect the goods from you, in which case we will charge the cost of such recovery to you. Whilst you are in possession of the goods, you must take reasonable care of the item(s) and must not use them.

International Orders

(1) International orders (outside the UK) may be subject to import duties and taxes, which are levied once a shipment reaches your country. Additional charges for customs clearance & taxes are not Included as part of the shipping; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country. Please contact your local customs office for further information.

(2) Where postal services outside the UK are used, a item assumed to be lost in post, will not be deemed so until 6 weeks after despatch. At which time a full refund will be made to the customer.

(3) Customers who choose to use a carrier, definities in (2) above will be reduced to 14 Days from despatch date.

MP3 Downloads

Our MP3 downloads are available to download after purchase (on occasions free downloads are offered, see below) and accessible for 3-5 days depending upon the product. MP3 downloads are to PC or Mac, or other desktop or laptop computers.    It is against copyright, and intellectual property laws to copy and distribute in any form without the express permission of the owner of the work. Please obtain permissions.  We acknowledge the need for 1 copy of your purchase for archival purposes only. Where disaster recover options are offered, reinstatement of your digital purchase to a maximum of 2 instances in any 12 month period. Disaster recovery options are offered as an additional purchase.

 MP3 files can be transferred to your mobile device if you prefer.  Your mobile device manufacture will have provided you with information how to migrate your files when you purchased your product. We offer no support for this due to the huge range of  devices, software versions and variations.

Free downloads

(1) Free downloads are occasionally made available from this site. These are free from us, of all costs. Other costs maybe applied to these downloads in the form of bandwidth from your service provider. We are not responsible for any or all costs charged to you by other charging bodies.

(2) Free downloads from this site are downloaded by your agreement by clicking your acceptance of our trading terms and conditions. We take no responsibility for downloads to your computer equipment by any third party. Nor do we take any responsibility for the use or misuse of the downloads. Section 1 (1),(2),(3) applies to all downloads Including free downloads from this site.

Returns procedure

In the event you want to return your goods to us within the UK Distance Selling Rules. You must contact us within 7 days of delivery, or first attempted delivery to your nominated address.

(1) Contact sales@healthyaudio.com for a Returns Authorisation Number

 

7. Courses / Workshops

(a)

(1) Enrolment on Courses / Workshops and Order confirmation

(2) Completing an application form to enroll upon a course / seminar / workshop with Bloom factor Inc., is deemed to be an offer to purchase. Bloom factor Inc., may accept or decline your offer. We will inform you if your offer to purchase has been declined.

(3) You confirm that you do not have a criminal record.

(4) You confirm that you have not been diagnosed with nor do you have a reason to suspect that you may have depression/ clinical depression and / or other psychological illness.

(5) Following the completion of your order process, we will send to you an order acknowledgement e-mail detailing the services you have ordered. Please note that this email is not an order confirmation or order acceptance.

(6) Acceptance of your order and the completion of the formation of a contract between you and Bloom factor Inc., will take place on dispatch to you of the order confirmation, unless Bloom factor Inc., have notified you that we do not accept your order or you have cancelled your order prior to such confirmation.

(b) Course / Workshop Cancellation

(1) If due to unforeseen circumstances any delegate needs to cancel an enrolment / workshop placement, up to one month before the course / seminar / workshop commences a refund of 50% of the paid course / seminar / workshop fee will be made by Bloom factor Inc., (less a deposit which amounts to £60.00, or 50% of the course fee if the programme is less than £150.00). Unfortunately, for any cancellations made within a month of the start date or after the start date of the course / seminar / workshop, no refunds are available.

(2) If for any reason or due to unforeseen circumstances the programme you enrol upon has to be cancelled, Bloom factor Inc., will refund your payment in full. Bloom factor Inc., and/or its directors will not be liable for any other expenses.

(c) Conduct of courses / Workshops

(1) Bloom factor Inc., reserves the right to substitute the advertised trainers and Include additional trainers and special guest trainers at any time.

(2) Bloom factor Inc., reserves its right from time to time to vary in its absolute discretion the course content and the material covered to that advertised, whilst ensuring that such content and materials will correspond with the overall requirements as advertised.

(3) Bloom factor Inc., reserves the right to deny, at their absolute discretion, without any prior notification and any reason being given, access to any individual or group of individuals, for the welfare of participants and organisers, and for the purpose of ensuring that the course/ seminar/ workshop runs smoothly, safely and in a manner which reflects the nature of the training, for all or part of the course and/or registration.

(4) If the need to deny access arises you agree that full payment will be retained by Bloom factor Inc.,.

(5) Qualification (where applicable) is awarded upon successful completion of the course / seminar / workshop. Courses and workshop attendees will receive a CPD certificate of attendance.

8. Limitation of Liability

(a) Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

(b) Subject to Section 8(a) above:

(c) Bloom factor Inc., will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site. Any indemnities, warranties, terms and conditions (whether expressed or implied) are hereby excluded to the fullest extent permitted under applicable law and subject to section 5(a) above.

(d) Please note that information on these pages and on our products is not a substitute for qualified medical advice and does not replace the advice of your doctor. Bloom factor Inc., accepts no liability for your use of this website and for the information contained on this website. You acknowledge that as you have not received any personalised advice from Bloom factor Inc.,. Bloom factor Inc., cannot be liable for the suitability of our products and / or the information provided as part of our services, to your particular circumstances and for any consequences thereof and you acknowledge that usage of any of our products and services is at your own risk. Furthermore, no guarantee can be given of any outcome as a result of your use of any of our products and/ or services. Users of our products take full responsibility for any and all outcomes.

(e) Some of our products and programmes utilise hypnosis / altered states of consciousness. Every product is prepared by one or more trained qualified and practicing hypnotherapist. However, because altered states of awareness are involved we must obviously state that you should not use our products when driving, using machinery or doing anything which requires your attention. For reasons of good practice we must also state that our products and programmes are not a substitute for qualified medical treatment. Therefore, if you think you have or may have a medical condition of any kind then you should seek the appropriate support and only use our products with the informed consent and guidance of your doctor (this is common good practice amongst all professional hypnotherapists in which referral to a doctor often takes place in such circumstances).

(f) Bloom factor Inc., will not be liable, in contract, tort (Including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for any:

(f).1 economic losses (Including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or

(f).2 loss of goodwill or reputation; or

(f).3 special or indirect losses

(f).4 other losses suffered or Incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

(g) Notwithstanding the above, Bloom factor Inc.,’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to £1.00 or a sum equal to the amount paid or payable by you for the product(s) and/or services in respect of one Incident or series of Incidents attributable to the same clause, whichever is the greater.

(h) This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

9. Virus disclaimer

(1) Reasonable steps have been taken to protect this Website by anti virus software but all visitors are advised to take all necessary steps to ensure that no virus contamination occurs. Subject to clause 8(c) above, no responsibility can be accepted by Bloom factor Inc., for any loss or damage sustained as a consequence of any virus transmission

(2) Subject to clause 8(c) above, Bloom factor Inc., cannot accept any liability for any loss of data or damage to your computer system (or any other computer system with which you may interact through your computer system and related peripheral components) which occurs due to your use of this website, our products or as a result of downloading material from this site.

10. Website Linking

(1) Any links to other websites and any references to other authors’ work/ products or services are provided for information only for smooth processing of your transaction. Nothing on this website shall be deemed to be an endorsement of any such website / trainer / course / seminar / workshop / book / or product by Bloom factor Inc.,.

(2) Bloom factor Inc., shall not in any event be liable for any content of any such other websites, nor can responsibility be accepted by Bloom factor Inc., for any loss or damage sustained as a consequence of any virus transmission, loss of data or damage to your computer system (or any other computer system with which you may interact through your computer system and related peripheral components) which occurs due to your use of such third party websites.

11. Breach of these Conditions by You

If you breach any of these terms and conditions you agree to hold blameless Bloom factor Inc.,, its directors, those who deliver training for and on behalf of Bloom factor Inc.,, its subsidiary businesses, products and / or services. You agree to indemnify Bloom factor Inc.,, its directors, those who deliver training for and on behalf of Bloom factor Inc.,, its subsidiary businesses, products and / or services for all fees, legal fees and costs which may arise out of your breach of these terms and conditions.

12. General

(1) This agreement is subject to American law and jurisdiction.

(2) These Terms and Conditions represent the complete agreement between you and Bloom factor Inc., and regulate all of your use of any and all of Bloom factor Inc.,’s goods and services (Including, but not limited to, website(s), training courses, counselling, therapy, scripts, articles, pod-casts, CDs, downloads and books) and these terms and conditions replace any previous agreements made between you and Bloom factor Inc.,. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third party content, or third party software. Bloom factor Inc.,’s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Bloom factor Inc., will not be responsible for failures to fulfil any obligations due to causes beyond its control.

(3) Please note that the headings used in these Terms and Conditions relating to each clause / element / section are used purely for ease and they do not have any contractual or legal effect of any kind.

(4) Bloom factor Inc., reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party. You may not assign your rights under these terms and conditions.

(5) If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

(6) No delay or failure by Bloom factor Inc., to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of Bloom factor Inc.,.

(7) You agree that in so far as permitted by law, any claim or cause of action, which you may make which arises because of your use of Bloom factor Inc.,’s products or services will be made (in such a way that it is filed to the appropriate courts of jurisdiction as set out in these terms and conditions) within one year of any claim or cause of action arising.

(8) International Use. Accessing the Bloom factor Inc., site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

(9) No product confers any rights of resale; recording of any of our scripts for commercial purposes is strictly forbidden though you may record them for the use of individual clients. The background music for sale on this site may be used and recorded as background music for in-therapy recordings. It may not be sold ‘as is’ as background music commercially.

(10) We reserve the right to remove or add any product to this site as and when deemed necessary to do so.

(11) The directors of Bloom factor Inc., reserve the right to make such changes to these Terms and Conditions as may be deemed necessary from time to time.

 

Terms and Conditions update – 21 May 2015  With reference to USA / USA Territories customers and All Bandcamp customers.

Important Note: Like all self help audio recordings, recordings on this site are not intended to be a substitute or replacement for any treatment, counseling or prescription from your health care practitioner. If you suspect you have any medical and/or psychological condition, or you are aware of having underlying trauma, you should first consult with your personal health care practitioner or mental health professional who will advise on their suitability for you.
____________
1. Disclaimer
Disclaimer: All information on these pages are for educational purposes only. Your access to and use of this website is subject exclusively to these Terms and Conditions. By using this or the Bloom factor Inc., website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the site. Users of this site and users of the services of Bloom Factor Inc. any and all Healthy Audio products take full responsibility for all outcomes.
Neither information nor products provided in this web site are in any way a substitute of any kind for personal evaluation with a qualified medical practitioner. ONLY a qualified medical physician can give you a definitive diagnosis of any presenting symptoms. Always consult your medical professional regarding your symptoms and any concerns you may have about commencing use of any product on this site.
Bloom Factor Inc., Bloom factor Inc.,, and any associates, employees, agents or representatives:
(1) are not liable in any way with regard to the accuracy, completeness or current validity of any information, articles, research studies or products contained in this web site, or in any of the links provided.
(2) are not liable in any way for effects, or lack of effects, or any damages of any kind resulting from the use or misuse of the information and content given or the use or misuse of any products described in this site or services taken in person as a result of accessing this site.
(3) will not be liable in any way for any damages of any kind with respect to any use of this web site, its content, or products or services delivered on a one to one basis.
2. Privacy Policy
All transactions are undertaken in accordance to American law. We respect your privacy, and this privacy statement is provided to apprise you of our information gathering and dissemination practices. We reserve the right to modify this information at any time. Collection and Use of Personal Information Personal information is defined as your name, street or e-mail address, phone number, credit card or any other information which, when used by itself or with other data, might identify you individually. This information is only collected from you when you provide it to us voluntarily, when placing an order from us online, via our secure ordering and information phone lines, or via postal mail. Personal information is only collected so that we can contact you, in order to complete the sale. We will not collect personal information from you without your knowledge. We may use the personal information that we collect to contact you in the future. We may send promotional emails notifying you of products, significant developments, or other information that we believe might be of interest. We will not share your personal information with any other parties or mailing lists.

Children & Parents

Neither the APP, nor the Services, nor the Site is intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s) before purchasing the APP, or making purchases on or through, the APP.

You are solely responsible for Your child’s disclosure of data and information about themselves through use of the , SITE, SERVICES, STREAMING OR APP. Accordingly, You agree that BLOOM FACTOR INC. is not responsible for Your child’s use of the SITE, SERVICES, STREAMING OR APP or any consequences therefrom in any manner or to any extent.

No one under the age of eighteen (18) is permitted to access or use the APP without the permission of parent or legal guardian.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bloom Factor Inc., Timeline Services and its affiliates, and all of their respective officers, directors, managers, members, employees, agents, licensors, vendors, representatives, successors and assigns, from and against any and all claims, debts, demands, proceedings, losses, liabilities, damages, costs, charges and expenses (Including court costs and attorneys’ fees), directly or indirectly resulting from (i) Your use of the Site or the Services or the APP, and/or (ii) Your submission, (iii) Your failure to comply with this Agreement, any other agreement You have with Bloom Factor Inc., and/or any applicable law, rule or regulation, and/or (iv) Your infringement or misuse of any of Bloom Factor Inc.’s intellectual property, and/or (v) any such acts through Your use of the Site, the Services and/or the APP.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ACCESSING AND/OR USING THE SITE, THE SERVICES, DOWNLOADS, STREAMING AND/OR THE APP SOLELY AT YOUR OWN RISK.

THE SITE, THE SERVICES, DOWNLOADS, STREAMING AND/OR THE APP CANNOT DIAGNOSE, CURE OR PREVENT ANY ILLNESS, SICKNESS, INFECTION, OR ANY OTHER PHYSICAL OR MENTAL AILMENT.

THE APP IS NOT A MEDICAL DEVICE.  NEITHER THE SITE, NOR THE SERVICES NOR THE APP IS INTENDED TO BE USED WITH OR IN CONJUNCTION WITH ANY MEDICAL DEVICE.

THE SITE, THE SERVICES DOWNLOADS, STREAMING AND/OR THE APP ARE NOT A SUBSTITUTE OR REPLACEMENT FOR PROFESSIONAL, MEDICAL, PSYCHOLOGICAL, OR HEALTH ADVICE OR TREATMENT.  YOU SHOULD ALWAYS SEEK ANY AND ALL PROFESSIONAL ADVICE AND TREATMENT FOR ANY ILLNESS, SICKNESS, INFECTION, DISEASE, OR ANY AILMENT.

THE SITE, THE SERVICES, DOWNLOADS, STREAMING AND/OR THE APP ARE NOT A SUBSTITUTE OR REPLACEMENT FOR ANY AND ALL MEDICAL AND/OR PSYCHOLOGICAL TESTING, DIAGNOSIS, EXAMINATION, OR PROCEDURES OF ANY KIND OR TO ANY EXTENT.

BLOOM FACTOR INC. NOR TIMELINE SERVICES OR PARTNER COMPANIES CANNOT AND DOES NOT GUARANTEE THAT YOUR USE OF THE SITE, THE SERVICES, DOWNLOADS, STREAMING AND/OR THE APP WILL BE SUCCESSFUL IN ANY MANNER OR TO ANY EXTENT.  THE RESULTS OF YOUR USAGE OF THE SITE, THE SERVICES, DOWNLOADS, STREAMING AND/OR THE APP MAY VARY WHEN COMPARED TO OTHER USERS OF THE SITE, THE SERVICES, DOWNLOADS, STREAMING AND/OR THE APP.

NEITHER BLOOM FACTOR INC., TIMELINE SERVICES NOR ANY OF ITS AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, CAN GUARANTEE THE PROTECTION OF THE PRIVACY OF YOUR DATA OR INFORMATION THAT IS INPUTTED AND/OR TRANSMITTED TO, BY OR THROUGH THE SITE, THE SERVICES, DOWNLOADS, STREAMING AND/OR THE APP, INCLUDING THIRD PARTY SITES WHERE YOUR INFORMATION IS SUBMITTED.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BLOOM FACTOR INC. IS PROVIDING THE SITE, THE SERVICES DOWNLOADS, STREAMING AND THE APP “AS-IS” AND WITHOUT REPRESENTATION OR WARRANTY, AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, RELIABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ANY OTHER WARRANTY ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE AND/OR ANY OTHER WARRANTY, CONDITION,GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED OR TRANSMITTED BY THE SITE, THE SERVICES DOWNLOADS,STREAMING AND/OR THE APP. SLIBS, ITS AFFILIATES, AND ITS THIRD PARTY LICENSORS OR VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, SERVICES DOWNLOADS,STREAMING OR THE APP WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE, THE SERVICES AND/OR THE APP.

BLOOM FACTOR INC. MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION PRESENTED ON THE SITE OR TRANSMITTED BY THE SERVICES OR THE DATA AND INFORMATION SUBMITTED TO BLOOM FACTOR INC. OR AGENTS BY USERS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,BLOOM FACTOR INC., TIMELINE SERVICES, OR ASSOCIATED INDIVIDUALS OR ORGANISATIONS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OR INJURIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR INJURIES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, BLOOM FACTOR INC., TIMELINE SERVICES OR 3RD PARTY PROVIDERS, OR ASSOCIATE COMPANIES PROVIDING ACCESS TO AND/OR USE OF THE SITE, THE SERVICES, DOWNLOADS,STREAMING AND/OR THE APP, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, THE SERVICES AND/OR THE APP, YOUR USE OR RELIANCE ON THE SITE, THE SERVICES DOWNLOADS,STREAMING AND/OR THE APP OR ANY MATERIAL INFORMATION AVAILABLE ON THE SITE, THE SERVICES DOWNLOADS,STREAMING AND/OR THE APP, OR CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THE SITE OR THE SERVICES DOWNLOADS,STREAMING OR THE APP, LOST OR INACCURATELY ENTERED DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY OR PRIVACY, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE, OR SERVICES DOWNLOADS,STREAMING OR THE APP WHETHER AS A SENDER OR RECIPIENT, OR COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS, EVEN IF BLOOM FACTOR INC., TIMELINE SERVICES OR ASSOCIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND WHETHER SUCH DAMAGES ARISE UNDER CONTRACT, IN TORT, IN EQUITY OR OTHERWISE.

ALL SPECIFICATION, ILLUSTRATIONS, DRAWINGS, PARTICULARS, PERFORMANCE DATA AND OTHER INFORMATION ON THE SITE AT PRESENT OR IN FUTURE OR OTHERWISE MADE AVAILABLE BY BLOOM FACTOR INC., TIMELINE SERVICES OR ASSOCIATED COMPANIES ARE INTENDED TO REPRESENT NO MORE THAN A GENERAL ILLUSTRATION OF THE SERVICES DOWNLOADS,STREAMING AND/OR THE APP AND DO NOT CONSTITUTE A WARRANTY OR REPRESENTATION BY BLOOM FACTOR INC. , TIMELINE SERVICES OR ASSOCIATED COMPANIES THAT THE SERVICES OR THE APP WILL CONFORM WITH THE SAME.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILTY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

NOTWITHSTANDING THE FOREGOING, BLOOM FACTOR INC.’S LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, AN AMOUNT EQUAL TO THE LESSER OF (A) THE AMOUNT OF MONEY ACTUALLY RECEIVED BY BLOOM FACTOR INC. , TIMELINE SERVICES, ASSOCIATED COMPANIES OR 3RD PARTY COMPANY FROM YOU IN CONNECTION WITH YOUR USE OF THE SERVICES DOWNLOADS,STREAMING OR THE APP, OR (B) US $100.

YOU HEREBY AGREE TO RELEASE BLOOM FACTOR INC., TIMELINE SERVICES, 3RD PARTY COMPANIES, OR ASSOCIATE COMPANIES OF BLOOM FACTOR INC., ITS/ THEIR AFFILIATES AND THIRD-PARTY LICENSORS OR VENDORS, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, EXPENSES, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, CONTINGENT AND NON-CONTINGENT, TANGIBLE AND INTANGIBLE, CHOATE AND INCHOATE (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, AND INTERACTION WITH, IN ANY MANNER OR TO ANY EXTENT, THE SITE, THE SERVICES DOWNLOADS,STREAMING OR THE APP.

Use of this this site is acceptance of these terms and conditions.

 

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