User Agreement
You must read and agree to these Terms and Conditions before ordering Berry Bloom, . By placing an order for Berry Bloom, You agree to be bound by the following Terms and Conditions:
ATTENTION: This is a binding agreement between You, the person or entity agreeing to the terms contained in this document (“I”, “You”, “Your” or “Customer”), and Berry Bloom, , the owner and administrator of this Website and all content and functionality contained herein (“Our”, “Us”, or “Company”) (collectively, the “Parties” or “We”). These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these “Terms”, “Terms of Use” or this “Agreement”), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the “Website”).
ACCEPTANCE OF TERMS OF USE: By using, visiting, or browsing the Website, as well as placing an order with Berry Bloom, through the Website, You accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of Our Privacy Statement. If You do not agree to be bound by these Terms of Use and Privacy Statement, You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree, and consent to all Terms contained herein.
These Terms of Use constitute the entire agreement between Berry Bloom, and You, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website, the content, products, or services provided by or through the Website, and the subject matter of these Terms of Use. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the Terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words “I Agree”; “Place My Order”; “Submit” or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that You print this form for Your personal records.
You further agree not to use or access the Website if doing so would violate the laws of Your state, province or country. At the bottom of this page appears a “last modified” date. If the “last modified” date remains unchanged, then You may presume that no changes have been made since the “last modified” date. A changed “last modified” dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
PRODUCT DISCLAIMER: I understand the statements regarding these products have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
I understand the information on this Web site or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that Berry Bloom, is not intended or to be used to treat any type of medical condition. WARNING: Not intended for use by persons under 18 years of age. Consult a physician before using this product if You have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications.
Credit Card Descriptor
By ordering Products from Us, You authorize Us to charge Your credit card accordingly. This authority shall remain in effect until and unless You have cancelled future orders of the Products as described in this Agreement, above. Please be aware that the descriptor (or subject line) that appears on Your credit card charge entry will appear as Berry Bloom. If You have any questions about the descriptor on Your credit card statement, You should call Our Customer Service Department.
Berry Bloom Thumb Support Wrist Strap Terms
By placing an order with us you will be charged $29.99 + $0.00 S&H one time for of Berry Bloom Thumb Support Wrist Strap. If you are not completely satisfied with your purchase of Berry Bloom Thumb Support Wrist Strap at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Digital Weight Machine Terms
By placing an order with us you will be charged $39.99 + $0.00 S&H one time for of Berry Bloom Digital Weight Machine. If you are not completely satisfied with your purchase of Berry Bloom Digital Weight Machine at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Medical Stethoscope Terms
By placing an order with us you will be charged $49.99 + $0.00 S&H one time for of Berry Bloom Medical Stethoscope. If you are not completely satisfied with your purchase of Berry Bloom Medical Stethoscope at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Sinus Relief Device Terms
By placing an order with us you will be charged $59.99 + $0.00 S&H one time for of Berry Bloom Sinus Relief Device. If you are not completely satisfied with your purchase of Berry Bloom Sinus Relief Device at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Medical Wipes (1000 Pieces) Terms
By placing an order with us you will be charged $9.99 + $0.00 S&H one time for of Berry Bloom Medical Wipes (1000 Pieces). If you are not completely satisfied with your purchase of Berry Bloom Medical Wipes (1000 Pieces) at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Blood Sugar Test Kit Terms
By placing an order with us you will be charged $79.99 + $0.00 S&H one time for of Berry Bloom Blood Sugar Test Kit. If you are not completely satisfied with your purchase of Berry Bloom Blood Sugar Test Kit at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Medical Supplies Bag Terms
By placing an order with us you will be charged $89.99 + $0.00 S&H one time for of Berry Bloom Medical Supplies Bag. If you are not completely satisfied with your purchase of Berry Bloom Medical Supplies Bag at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Forehead Thermometer Terms
By placing an order with us you will be charged $99.99 + $0.00 S&H one time for of Berry Bloom Forehead Thermometer. If you are not completely satisfied with your purchase of Berry Bloom Forehead Thermometer at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Health Monitor (with Arm Strap) Terms
By placing an order with us you will be charged $129.99 + $0.00 S&H one time for of Berry Bloom Health Monitor (with Arm Strap) . If you are not completely satisfied with your purchase of Berry Bloom Health Monitor (with Arm Strap) at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Back Brace Terms
By placing an order with us you will be charged $129.99 + $0.00 S&H one time for of Berry Bloom Back Brace. If you are not completely satisfied with your purchase of Berry Bloom Back Brace at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Neck Brace Terms
By placing an order with us you will be charged $59.99 + $0.00 S&H one time for of Berry Bloom Neck Brace. If you are not completely satisfied with your purchase of Berry Bloom Neck Brace at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Compression Tape Terms
By placing an order with us you will be charged $19.99 + $0.00 S&H one time for of Berry Bloom Compression Tape. If you are not completely satisfied with your purchase of Berry Bloom Compression Tape at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Keto Gum Terms
By placing an order with us you will be charged $1.00 + $0.00 S&H one time for of Berry Bloom Keto Gum. If you are not completely satisfied with your purchase of Berry Bloom Keto Gum at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Keto (1 Bottle) Terms
By placing an order with us you will be charged $79.99 + $0.00 S&H one time for 1 Bottle of Berry Bloom Keto. If you are not completely satisfied with your purchase of Berry Bloom Keto at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Keto (2 Bottles) Terms
By placing an order with us you will be charged $119.88 + $0.00 S&H one time for 2 Bottles of Berry Bloom Keto. If you are not completely satisfied with your purchase of Berry Bloom Keto at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Keto (3 Bottles) Terms
By placing an order with us you will be charged $159.88 + $0.00 S&H one time for 3 Bottles of Berry Bloom Keto. If you are not completely satisfied with your purchase of Berry Bloom Keto at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Keto (4 Bottles) Terms
By placing an order with us you will be charged $179.88 + $0.00 S&H one time for 4 Bottles of Berry Bloom Keto. If you are not completely satisfied with your purchase of Berry Bloom Keto at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Keto (5 Bottles) Terms
By placing an order with us you will be charged $199.88 + $0.00 S&H one time for 5 Bottles of Berry Bloom Keto. If you are not completely satisfied with your purchase of Berry Bloom Keto at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Blood Sugar (1 Bottle) Terms
By placing an order with us you will be charged $79.99 + $0.00 S&H one time for 1 Bottle of Berry Bloom Blood Sugar. If you are not completely satisfied with your purchase of Berry Bloom Blood Sugar at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Blood Sugar (2 Bottles) Terms
By placing an order with us you will be charged $119.88 + $0.00 S&H one time for 2 Bottles of Berry Bloom Blood Sugar. If you are not completely satisfied with your purchase of Berry Bloom Blood Sugar at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Blood Sugar (3 Bottles) Terms
By placing an order with us you will be charged $159.88 + $0.00 S&H one time for 3 Bottles of Berry Bloom Blood Sugar. If you are not completely satisfied with your purchase of Berry Bloom Blood Sugar at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Blood Sugar (4 Bottles) Terms
By placing an order with us you will be charged $179.88 + $0.00 S&H one time for 4 Bottles of Berry Bloom Blood Sugar. If you are not completely satisfied with your purchase of Berry Bloom Blood Sugar at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Blood Sugar (5 Bottles) Terms
By placing an order with us you will be charged $199.88 + $0.00 S&H one time for 5 Bottles of Berry Bloom Blood Sugar. If you are not completely satisfied with your purchase of Berry Bloom Blood Sugar at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom ACV Gummies (1 Bottle) Terms
By placing an order with us you will be charged $79.99 + $0.00 S&H one time for 1 Bottle of Berry Bloom ACV Gummies. If you are not completely satisfied with your purchase of Berry Bloom ACV Gummies at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom ACV Gummies (2 Bottles) Terms
By placing an order with us you will be charged $119.88 + $0.00 S&H one time for 2 Bottles of Berry Bloom ACV Gummies. If you are not completely satisfied with your purchase of Berry Bloom ACV Gummies at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom ACV Gummies (3 Bottles) Terms
By placing an order with us you will be charged $159.88 + $0.00 S&H one time for 3 Bottles of Berry Bloom ACV Gummies. If you are not completely satisfied with your purchase of Berry Bloom ACV Gummies at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom ACV Gummies (4 Bottles) Terms
By placing an order with us you will be charged $179.88 + $0.00 S&H one time for 4 Bottles of Berry Bloom ACV Gummies. If you are not completely satisfied with your purchase of Berry Bloom ACV Gummies at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom ACV Gummies (5 Bottles) Terms
By placing an order with us you will be charged $199.88 + $0.00 S&H one time for 5 Bottles of Berry Bloom ACV Gummies. If you are not completely satisfied with your purchase of Berry Bloom ACV Gummies at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Detox (1 Bottle) Terms
By placing an order with us you will be charged $29.99 + $0.00 S&H one time for 1 Bottle of Berry Bloom Detox. If you are not completely satisfied with your purchase of Berry Bloom Detox at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Detox (2 Bottles) Terms
By placing an order with us you will be charged $49.68 + $0.00 S&H one time for 2 Bottles of Berry Bloom Detox. If you are not completely satisfied with your purchase of Berry Bloom Detox at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom ACV Gum Terms
By placing an order with us you will be charged $1.05 + $0.00 S&H one time for Berry Bloom ACV Gum. If you are not completely satisfied with your purchase of Berry Bloom ACV Gum at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
Berry Bloom Keto Gum & ACV Gum Combo Terms
By placing an order with us you will be charged $1.10 + $0.00 S&H one time for Berry Bloom Keto Gum & ACV Gum Combo . If you are not completely satisfied with your purchase of Berry Bloom Keto Gum & ACV Gum Combo at any time, please call (844) 200-2449 or email us at [email protected]. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as Berry Bloom.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Berry Bloom, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENT SHALL Berry Bloom, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES,UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECTIVELY, “CLAIMS”) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMER’S USE OF THE WEBSITE OR ANY PRODUCT. Berry Bloom, ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Berry Bloom, WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; Berry Bloom, FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS,MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. Berry Bloom, DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY Berry Bloom, WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. You agree that Berry Bloom, ’ entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to Berry Bloom, in the one (1) month period immediately preceding the incident on which Your alleged claim is based. This limitation of liability shall apply for all CLAIMS, regardless of whether Berry Bloom, was aware of or advised in advance of the possibility of damages or such CLAIMS. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
REPRESENTATIONS; PRODUCT DISCLAIMERS Berry Bloom, is committed to improving the well-being of our customers. You understand, however, that Our Products have not been evaluated by the Food and Drug Administration, and Our Products are not intended to diagnose, treat, cure or prevent any disease. The information on this Website or in emails is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. You understand that You should not use this information to diagnose or treat any health problems or illnesses without consulting Your doctor or physician. You further understand that this Product is not intended for use by persons under 18 years of age. You also understand that the Product is not intended or to be used to treat any type of medical condition such as obesity. You agree that You either have consulted, or will consult, with a physician or doctor before using any of Our Products, particularly if You suffer from any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications, and You agree that you will cease immediately from taking or using Our Products if You experience any ill effects or unintended side effects of any Product. Berry Bloom, endeavors to provide You with accurate information about Our Products. You understand and agree that the informationBerry Bloom, conveys about or Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities (“Third Parties”). Berry Bloom, does not warrant or represent that such information is error-free, and Berry Bloom, does not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data.
Berry Bloom, does not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person, and are dependent on factors including age, weight, diet, and exercise regimen.
By using the Website, You agree to comply with all applicable laws and regulations of the United States. The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Berry Bloom, makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
YOUR REPRESENTATIONS
You hereby represent and warrant that You are age eighteen (18) or older, that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that Berry Bloom, has the right to rely upon all information provided to Berry Bloom, by You, and Berry Bloom, may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
INTELLECTUAL PROPERTY The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, Berry Bloom, s, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Berry Bloom, or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by You without Berry Bloom, ’s prior written permission.
WEBSITE USER CONDUCT AND RESTRICTIONS
You must be 18 years of age or older to access Our Website. As a user of the Website, You agree that in connection with Your use of the Website and the content You will not: Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable; Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website; Use the Website for any unlawful purpose; Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party; Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein; Intentionally or unintentionally violate any applicable local, state, national, or international law. Without the express prior written authorization of Berry Bloom, , You may not: Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law); Create derivative works based on the Website or any of the Intellectual Property; Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein; Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property; Use any meta-tags or any other “hidden text” using the Website’s name or marks; “Deep-link” to any page of the Website; Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website); Use any data mining, bots, or similar data gathering and extraction tools on the Website; Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or, Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure. TERMINATION OF AGREEMENT This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. Berry Bloom, reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who Berry Bloom, believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services Berry Bloom, provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer’s real name, address, or other contact information.
LINKS
The Website may provide links to other World Wide Web sites or resources. Berry Bloom, has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any Berry Bloom, Website. Berry Bloom, cannot ensure that You will be satisfied with any products or services that You purchase from a third-party site that links to or from any Berry Bloom, Website or third-party content on our sites. Berry Bloom, does not endorse any of the merchandise, nor has Berry Bloom, taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. Berry Bloom, does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against Berry Bloom, with respect to such sites and third-party content. Berry Bloom, strongly encourages You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Berry Bloom, nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party dmaterial or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from Berry Bloom .
FORCE MAJEURE
Berry Bloom, shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Berry Bloom, ’s performance.
INDEMNITY
You agree to defend, indemnify, and hold harmless Berry Bloom, , its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are not limited to Denver’s Statewide Uniform Guidelines For Taxation of Costs in Civil Actions, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. Berry Bloom, shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If Berry Bloom, does not hear from You promptly, Berry Bloom, reserves the right to defend such claim or suit and seek full recompense from You.
DISPUTE RESOLUTION BY BINDING ARBITRATION
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution.
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes
We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and conditions in this Agreement, the Terms of Use, and the Privacy Statement, and can award the same damages and relief, including any attorney’s fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We also each agree as follows:
“Disputes” are any claims (including the definition of “claims” contained in the section Limitation of Liability and Disclaimer of Warranty above) or controversies against each other related in any way to this Agreement, the Terms of Use, the Privacy Statement, or Your purchase and use of the Product. This includes claims You bring against Our affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents or other representatives, or that Berry Bloom, brings against You.
If either Berry Bloom, or You wants to arbitrate a dispute, We each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to You will be sent to Your billing address that You provided Us and notice to Us will be sent to: Berry Bloom. We each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate, then We may submit the dispute to formal arbitration. The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
The arbitration will be administered by the National Arbitration Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts with the terms of this Agreement, the terms of this Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com. Unless We each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the state of Your last billing address. The federal or state law that applies to the Agreement will also apply during the Arbitration.
We each agree not to pursue arbitration on a consolidated or class-wide basis. We each agree that any arbitration will be solely between You and Berry Bloom, (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court.
We each are responsible for our own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, Berry Bloom, will cover any arbitration administrative or filing fee above: (a) $25 if You are seeking less than $1,000 from Berry Bloom, ; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us.
No Class Actions TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASS-WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial By Jury TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
GOVERNING LAW
You agree that this Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with Your use of our Website, Intellectual Property, the Terms of Use, the Privacy Statement, or any matter concerning Berry Bloom, shall be governed exclusively by the laws of State of Denver, excluding its conflict of law provisions.
SEVERABILITY
If for any reason a court of competent jurisdiction finds any provision of this Agreement, the Terms of Use, the Privacy Statement, or any portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement, the Terms of Use, and the Privacy Statement will continue in full force and effect.
NO WAIVER
No waiver of or by Berry Bloom, shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
HEADINGS
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
COMPLETE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
MODIFICATIONS OF AGREEMENT
Berry Bloom, reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. Berry Bloom, does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Berry Bloom, in writing, these terms and conditions may not be amended by You.