Terms & Conditions

Terms of Use

 

Terms of Use

Welcome to www.bloomfarmscbd.com and thank you for visiting. This website (“Site”) is owned and operated by Market & Mission, LLC dba BLOOM FARMS CBD  (“Company,” “us” or “we”). The Site contains original content, text, images, designs, audiovisual materials, information, data, advertising, brands and logos that incorporate intellectual property in which we own exclusive rights (collectively, the “Content”). Your use of the Site and the Content is subject to these terms and conditions (the “Terms of Use”), which form a binding and enforceable agreement between you and us (the “Agreement”). These Terms of Use are intended to protect our rights so that we can provide you access to the Content on this Site. By remaining on the Site or returning to it, you agree to be bound by these Terms of Use.

We may update this Agreement from time to time without notice. Any changes in our Terms of Use will be incorporated into a revised Agreement that we will post on the Site. All visitors have the obligation to review changes to this Agreement, including any changes to our Privacy Policy. Unless otherwise specified, such changes shall be effective when they are posted. Your access or use of our Site constitutes your agreement to be bound by this Agreement, including any changes that exist when you re-access our Site. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, OR ANY POSTED GUIDELINES OR RULES, THEN YOU MUST LEAVE THIS SITE IMMEDIATELY.

Please see our Privacy Policy for additional terms that govern your use of this web site.

E-commerce

Our store is hosted by WooCommerce. WooCommerce is an e-commerce platform that allows us to sell our products and services to you. Your data is stored via WooCommerce’s database and secured by a fire wall. Please review the WooCommerce Terms of Use and Privacy Policy before placing an order on the Site.

Site Access

By using this Site, you represent that you are at least the age of majority in your state or province of residence. To visit this site or place an order, you must be of the legal age required to do so by your state or province of residence. By purchasing our products you also acknowledge that you are responsible for knowing whether or not you are legally allowed to do so.

General Terms

We reserve the right to refuse service to anyone at any time for any reason. By using this Site, you are agreeing not to reproduce, duplicate, copy, download, sell, resell or exploit any portion of the service or use of, or any contact on the website through which the service is provided, without express written permission from BLOOM FARMS CBD.  Any rights that are not expressly granted to you within these Terms of Use are reserved. No content on this Site or product that we produce may be reproduced, copied or resold without the express written consent of BLOOM FARMS CBD. You may use this Site only as permitted by law and these Terms of Use. Your privilege to access this Site will be revoked if you do not comply with the law or our Terms of Use in any way. You may only use this Site as expressly permitted.

Use of the Site

The Site contains materials supplied by the Site and its affiliates, parents and subsidiaries, as well as other sources. These materials are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws as further addressed herein, and we own or control all materials or a third party that submitted materials to the Site owns the material. You are not entitled to any rights, including but not limited to intellectual property rights in any of the Content.

Prohibited Use

You may not use this Site to transmit unsolicited email. You may not send unsolicited email to this Site or to anyone whose email address includes the domain name used on this Site. You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else—or spoof their identity—when using this site.

Except as expressly authorized by the Site, you may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of any material or design elements obtained from the Site, including code and software (“Material”).

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

Health Information

Any statements on this Site or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the site have been approved or endorsed by the FDA or any regulatory agency. The products on the Site are not intended to diagnose, treat, cure or prevent any disease. The information on this Site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication or have a medical condition, we suggest consulting with a physician before using any of our products.

Participation on the Site

Registration with the Site may be required in order to access certain services, including, without limitation, promotions, special offers, product discounts, etc. Your registration information will be handled by us in accordance with our Privacy Policy, which you should review prior to registering with us.

You may be required to select a password and username name for a customer account. You are responsible for maintaining the confidentiality of your password and any account information. You agree to immediately notify us of any unauthorized use of your password or other account information and further agree to indemnify and hold the Site, their parents, affiliates, subsidiaries, operational providers and partners harmless for any improper or illegal use of your password.

We encourage you to keep us informed about any changes in your personal contact and email information. As more specifically described in our Privacy Policy, you may change or update the information in your account by using the controls on your profile page. You may delete your profile entirely by contacting us at [email protected] If your email address is cancelled, becomes inactive or inaccessible for an extended period of time, we may cancel your account and delete all or part of your profile, to the extent allowed by law and in accordance with our security measures. We also reserve the right to cancel your membership or prohibit your participation in the Site activities if you violate any provision of this Agreement or of our Privacy Policy.

Third Party Links

Our Site may contain links and pointers to other website and resources on the Internet that are controlled by third parties. These links are provided solely as a convenience to you and do not constitute an endorsement by the Site, their parents, affiliates or subsidiaries of any third party resources or content. Links do not imply that the Site sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses the third party link or site. Any concerns regarding external links or website should be directed to the respective website administrator or system operator. The Site reserves the right, in its sole discretion, to terminate links with any third parties or other website that they deem inappropriate or inconsistent with the Site. The Site, its parents, affiliates and subsidiaries make no representations about the content, functionality or practices of any third party sites and resources and specifically disclaim any and all warranties, express or implied, with respect thereto.

In general, we do not object to links to the Site from third-party websites. You may link to the Site using the plain text name of the Site and only link to the home page of the Site. Do not, without our written permission: (a) incorporate any of our content into your website (e.g., by in-lining or framing); (b) use any Bloom Farms trademarks, service marks, taglines, slogans, trade names or any other words or codes identifying Bloom Farms or Bloom Farms CBD or the Site in any “metatag.”

Submissions

You hereby grant to us and our affiliates a license-free, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all content, remarks, suggestions, ideas, graphics or other information you communicate to us through this Site throughout the world in any media, and to incorporate any submission in other works in any form, media or technology now known or later developed. We will not be required to treat any submission as confidential and may use any submission in our business (including, but not limited to, for products or advertising) without incurring any liability for royalties or any other compensation of any kind, and we will not incur any liability as a result of any similarities that may appear in our future operations. We will treat any personal identification information that you submit through this Site in accordance with our Privacy Policy as set forth on this Site.

Disclaimer

The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. This Site may contain certain historical information. Any historical information that is provided is not current and is for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. We make no warranty, express or implied, that the Site or any services, products or information obtained on or through the Site will meet your requirements or will be error free. We are not responsible for ensuring that this Site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability or otherwise. The content may include technical inaccuracies or typographical errors, and we may make changes or improvements at any time.

THE INFORMATION ON THE SITE IS PROVIDED “AS IS.” THE SITE DOES NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THE SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, THE SITE CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER THE SITE, NOR ANY OF THEIR PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF: (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THE SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO YOU; (III) ANY OTHER CAUSE RELATING TO YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE SITE OR MATERIALS ON THE SITE; (IV) YOUR INTERACTION OR SUBMISSIONS ON THE SITE, INCLUDING, BUT NOT LIMITED TO, RESUMÉ OR EMPLOYMENT SUBMISSIONS OR DIALOGUE BETWEEN HOSTS; OR (V) FROM YOUR FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THE SITE OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICE OR SUPPORT. IN NO EVENT WILL THE SITE, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF THE SITE, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE THE SITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR SITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS AND PROMOTIONAL PARTNERS. THE SITE, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES OR PRIVACY PRACTICES OF THE OTHER SITE, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING THE SITE.

Indemnity

You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors and contractors (“Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of our content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

Trademarks and Copyrights

Certain content on this Site, including but not limited to literary, dramatic, musical, visual and other artistic works (“Content”), is protected by U.S. Copyright Law, and you agree that you will not reprint, republish or distribute any portion of the Content without expressed written permission to do so.

Trademarks, service marks, logos, graphics, images, HTML, codes, multimedia clips, Java codes, button icons, banners and software appearing in this site are our property or the property of the party that provided the trademarks, service marks, logos or copyrighted material to us. We, and any party that provided any of the foregoing to us, retain all rights with respect to any of our or their respective trademarks, service marks, logos and copyrighted material appearing in this site. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your copyrighted work has been used or displayed on our website such that it constitutes copyright infringement, please report the alleged infringements by completing the following steps and by notifying our Designated Agent listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent.

The Notification of Claimed Infringement must include the following:

(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;

(2) Identification of the copyrighted work (or works) that you claim has been infringed;

(3) A description and identification of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);

(4) A clear description of where the infringing material is located on our site, including as applicable its URL, so that we can locate the material;

(5) Your contact information, including your name, address, telephone number and e-mail address;

(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Designated Agent may be contacted as follows:

Market & Mission, LLC.

Liability

In no case shall Bloom Farms CBD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or otherwise made available via the service, even if advised of their possibility. In states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

Severability

In the event that any provision of these Terms of Use 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 of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Dispute Resolution

You agree to resolve any dispute through mediation. Either party to the dispute may commence mediation through a written request that outlines the subject of dispute and the relief requested. Parties must agree to engage in mediation in good faith and share any costs incurred. All offers or statements made during mediation will be strictly confidential and are considered privileged and inadmissible in court. If the dispute cannot be resolved through mediation, then it will be submitted for arbitration. You understand that agreeing to arbitration of claims waives your right to trial by jury.

These Terms of Use will be governed and interpreted pursuant to the laws of the State of California, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and us arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts of the State of California. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Site must be brought within two years from the date on which such claim or action arose or accrued.

Entire Agreement

These Terms of Use (including our Privacy Policy) constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. We may revise these Terms of Use at any time by updating this posting.

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Security Measures

Please review our Privacy Policy for information on our website security measures and the protection of your personal information.

Contacting us

If you have any questions about our Refund or Privacy Policy or Terms of Use, the practices of this site or your interactions with this site, please contact us at [email protected].