Terms & Conditions
Last Modified: March 31, 2017
Acceptance of the Terms
You may use our Products only if you can form a binding contract with Nourish + Bloom, and only in compliance with these Terms and all applicable laws. When you create your Nourish + Bloom account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. Some of our Product may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Products following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Products and Account Security
Nourish + Bloom cares about the security of our users. While we work to protect the security of your content and account, Nourish + Bloom cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
Intellectual Property Rights
The Product and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Nourish + Bloom, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Products for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Products, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Products for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
- Access or use for any commercial purposes any part of the Products or any services or materials available through the Products.
If you wish to make any use of material on the Products other than that set out in this section, please address your request to: firstname.lastname@example.org
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Products in breach of the Terms, your right to use the Products will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Products or any content on the Products is transferred to you, and all rights not expressly granted are reserved by Nourish + Bloom. Any use of the Products not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Nourish + Bloom, the lotus logo, and all other related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of Nourish + Bloom. All other names, logos, product and service names, designs, and slogans on the Products are the trademarks of their respective owners.
You may use the Products only for lawful purposes and in accordance with these Terms. You agree not to use the Products:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards set out in these Terms.
- To impersonate or attempt to impersonate Nourish + Bloom, a Nourish + Bloom employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Products, or which, as determined by us, may harm the Company or users of the Products or expose them to liability.
Additionally, you agree not to:
- Use the Products in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Products, including their ability to engage in real time activities through the Products.
- Use any robot, spider, or other automatic device, process, or means to access the Products for any purpose, including monitoring or copying any of the material on the Products.
- Use any manual process to monitor or copy any of the material on the Products or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Products.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Products, the server on which the Products are stored, or any server, computer, or database connected to the Product.
- Attack the Products via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Products.
The Products may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, social media accounts, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Products.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Products, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
- You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Nourish + Bloom, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Products.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Products or the public, or could create liability for Nourish + Bloom.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Products.
- Terminate or suspend your access to all or part of the Products for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Products. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NOURISH + BLOOM AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NOURISH + BLOOM OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Products, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Nourish + Bloom respects the intellectual property rights of others and expects its users to do the same. It is Nourish + Bloom’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Nourish + Bloom will respond expeditiously to claims of copyright infringement committed using Products that are reported to Nourish + Bloom’s Designated Copyright Agent, identified in the notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Products by completing the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to Nourish + Bloom’s Designated Copyright Agent. Upon receipt of the Notice as described below, Nourish + Bloom will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Product(s). If Nourish + Bloom removes or disables access to content in response to a Notice, we may notify the user with details about the Notice so that they can submit a counter-notice. Nourish + Bloom may also send a complete copy of the Notice to users where appropriate.
Please provide the following information in your Notice to our Designated Copyright Agent:
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Product(s) where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law.”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Nourish + Bloom’s Designated Copyright Agent:
Bill Carter, Nourish + Bloom Copyright Agent
5777 N. Meeker Ave., Suite 300
Boise, Idaho 83713
Telephone +1 208 377 3326
Reliance on Information Posted
The information presented on or through the Products is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Products, or by anyone who may be informed of any of its contents.
The Products may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Nourish + Bloom, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Nourish + Bloom. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of goods or information formed through the Products or as a result of visits made by you are governed by our Conditions of Sale, which are hereby incorporated into these Terms.
Linking to the Products and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Product may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Product.
- Send e-mails or other communications with certain content, or links to certain content, on this Product.
- Cause limited portions of content on this Product to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Products
If the Products contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Product, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the website (including any related mobile applications) is based in the United States. We provide this website (including any related mobile applications) for use only by persons located in the United States. We make no claims that our website or mobile applications or any of their content is accessible or appropriate outside of the United States. Access to the website or mobile applications may not be legal by certain persons or in certain countries. If you access the website or mobile applications from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
YOUR USE OF ANY PRODUCT, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH A PRODUCT IS AT YOUR OWN RISK. THE PRODUCT, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NOURISH + BLOOM NOR ANY PERSON ASSOCIATED WITH NOURISH + BLOOM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER NOURISH + BLOOM NOR ANYONE ASSOCIATED WITH NOURISH + BLOOM REPRESENTS OR WARRANTS THAT THE PRODUCTS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PRODUCTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
NOURISH + BLOOM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOURISH + BLOOM, ITS AFFILIATES, AND THEIR RESPECTIVE PARENTS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PRODUCT, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PRODUCTS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY (INCLUDING DEATH), PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL NOURISH + BLOOM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU, OR $100.00 (WHICHEVER IS LESS).
You agree to defend, indemnify, and hold harmless Nourish + Bloom, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Products, including, but not limited to, your User Contributions, and any use of the Products’ other than as expressly authorized in these Terms or your use of any information obtained from the Products.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Idaho, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state or federal court located in Ada County, Idaho for any actions not subject to the section regarding Arbitration below.
For any dispute you have with Nourish + Bloom, you agree to first contact us and attempt to resolve the dispute with us informally. If Nourish + Bloom has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Nourish + Bloom agree otherwise, the arbitration will be conducted in Boise, Idaho. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security or intellectual property. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY USING THE PRODUCTS, YOU AND NOURISH + BLOOM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
To the extent any claim, dispute, or controversy regarding Nourish + Bloom or our Products isn’t arbitrable under applicable laws or otherwise: you and Nourish + Bloom both agree that any claim or dispute regarding Nourish + Bloom will be resolved exclusively in accordance with the Governing Law and Jurisdiction clause above.
Transparency in Supply Chain Disclosure
The state of California requires the following disclosure statement as of January 1, 2012, pursuant to the “Transparency in Supply Chain Act of 2010”.
Nutritional supplements sold by Nourish + Bloom are manufactured in the U.S., in accordance with applicable U.S. labor laws. Some ingredients may be sourced from foreign countries but U.S. manufacturers are required (per Good Manufacturing Practices outlined at 21 C.F.R. 111.260) to test ingredients for purity prior to use in nutritional supplements.
Nourish + Bloom is committed to conducting business in compliance with applicable law. Nourish + Bloom exhibits and promotes the highest standards of honest and ethical conduct in our dealings. Nourish + Bloom employees are expected to conduct themselves with honesty and integrity, and we recognize the important role manufacturers, ingredient suppliers, and business partners play in helping us fulfill our commitment to ethical and responsible retailing. Nourish + Bloom is aware of the importance of ethical sourcing, and if Nourish + Bloom identifies a product manufacturer who does not meet its expectations (including avoiding ingredients manufactured with trafficked labor), Nourish + Bloom will work with them to take corrective action or discontinue selling products manufactured by them.
Waiver and Severability
No waiver by Nourish + Bloom 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, and any failure of Nourish + Bloom to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Your Questions and Concerns
This website (including associated mobile applications) is operated by Nourish + Bloom located at 5777 N. Meeker Ave., Suite 300, Boise, Idaho 83713.
All notices of copyright infringement claims should be sent to the copyright agent designated in the Copyright Infringement clause above in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Products should be directed to: email@example.com.