Terms of service
TERMS OF USE AND CONDITIONS OF SALE
OVERVIEW
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE ("TERMS" OR "AGREEMENT") BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 13 AND 14). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Your use of mybloomcup.com, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the "Website"), which are owned and maintained by MyBloomCup ("we," "our," "us"), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 15 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page (mybloomcup.com/policies/terms-of-service). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
1. WEBSITE USE
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
2. PRIVACY & SECURITY DISCLOSURE
Our Privacy Policy may be viewed at mybloomcup.com/policies/privacy-policy. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing abusive, vulgar, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.
MyBloomCup reserves the right to terminate your access to the Website or any of its services if it determines that you (1) do not comply with these Terms; (2) provide false, inaccurate, or incomplete information; (3) engage in any conduct that would harm MyBloomCup's rights or interests; or (4) for any or no reason whatsoever without prior notice to you.
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
You agree that any products or services you purchase from MyBloomCup on or through the Website will be used for your personal, non-commercial use. You agree that you will not resell, redistribute, modify, or export any product that you order from the Website. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
While we endeavor to provide accurate and current information on our Website, there may be information that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice.
6. MODIFICATIONS TO THE WEBSITE AND PRICES
We reserve the right to modify or discontinue access to the Website without notice at any time. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
7. PAYMENT
All charges are in U.S. Dollars. By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge, we may bill you directly and seek payment by another method.
8. ORDER PLACEMENT AND ACCEPTANCE
Your electronic order confirmation does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment.
9. SHIPPING
MyBloomCup ships to addresses located in the United States and internationally. Delivery times vary based on location and may be affected by factors outside of our control. Please visit the Shipping Policy on our Website for additional terms that may apply to your order.
Accurate shipping address and phone number are required. We are not responsible for late or missing shipments if you enter incorrect shipping address information. If you discover a mistake with your order after it has been submitted, please contact us at support@mybloomcup.com immediately.
10. DELIVERY CONFIRMATION
You agree that any delivery confirmation provided by the carrier is sufficient proof of delivery, even without a signature.
11. RETURNS AND REFUNDS; 30-DAY MONEY-BACK GUARANTEE
MyBloomCup wants you to be satisfied with your experience. If you receive the wrong item or if it arrives damaged or defective, please visit the Refund Policy on our Website for additional information. All sales are final after thirty (30) days from order fulfillment. The following are nonrefundable: (1) shipping fees, (2) expedited shipping fees, (3) priority order processing fees, and (4) gift cards or orders placed using gift cards.
After the shipping department receives your return, it generally takes ten business days to process your refund. Once processed, it may take up to ten days for the return to be posted to your account.
30-DAY MONEY-BACK GUARANTEE
If you are not completely satisfied with your MyBloomCup within the first thirty (30) days of delivery, contact us at support@mybloomcup.com and we will make it right. Your journey to conception is our priority.
12. SOCIAL MEDIA
The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of MyBloomCup.
13. DISCLAIMER OF WARRANTIES
EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MYBLOOMCUP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.
14. DISCLAIMER OF LIABILITIES
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL MYBLOOMCUP OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR ANY PRODUCT. IF MYBLOOMCUP IS FOUND LIABLE UNDER ANY THEORY, MYBLOOMCUP'S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00.
15. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT, MYBLOOMCUP'S PRIVACY POLICY OR TERMS OF SALE, MYBLOOMCUP'S ADVERTISING OR MARKETING PRACTICES, OR MYBLOOMCUP'S PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES.
YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU PURCHASED A PRODUCT OR SERVICE BY SENDING AN EMAIL TO: support@mybloomcup.com STATING YOUR NAME, THE PRODUCT YOU PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.
16. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless MyBloomCup, its officers, directors, agents, representatives, contractors, licensors, service providers, suppliers, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including reasonable attorneys' fees, arising out of or related to (1) your breach of these Terms; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
17. THIRD-PARTY WEBSITES AND LINKS
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites or any harm or damages related to transactions made in connection with any third-party websites.
18. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
MyBloomCup welcomes your comments regarding our services and products. You agree that anything you submit or post to the Website, including testimonials, ideas, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and that we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, transmit, adapt, and create derivative works from such Submissions. You agree that any Submission you provide is true and accurate and does not infringe the intellectual property rights of any third party. These testimonials do not represent the generally expected user experience.
19. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Notification of Claimed Infringement: MyBloomCup Email: support@mybloomcup.com
20. ELECTRONIC COMMUNICATIONS
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing.
21. ASSIGNMENT
You may not assign any of your rights under these Terms, and any such attempt will be null and void. MyBloomCup may transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of MyBloomCup's business is transferred to another entity.
22. NO WAIVER
No waiver by MyBloomCup of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
23. SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.
24. TERMINATION
In the event that we terminate this Agreement, Sections 2-5, 12-16, 18-25, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
25. ENTIRE AGREEMENT
These Terms and any policies or operating rules posted by us on the Website constitute the entire agreement and understanding between you and MyBloomCup and supersede any prior or contemporaneous agreements.
26. QUESTIONS OR ADDITIONAL INFORMATION
Please contact Customer Support if you have any questions concerning your purchase.
Email: support@mybloomcup.com