BLOSSOM GROUP TERMS AND CONDITIONS
These Terms and Conditions describe the services offered by us and form a contract between you, the user, and Blossom Group, LLC. These Terms and Conditions must be accepted in order to use the Site and purchase our Products.
BY USING THIS SITE OR PURCHASING A PRODUCT VIA THE SITE OR THROUGH ANOTHER METHOD OF COMMUNICATION WITH US, USERS AGREE TO BE BOUND BY THE TERMS OF THESE TERMS AND CONDITIONS, INCLUDING ANY MANDATORY ARBITRATION PROVISIONS HEREOF. ANY USERS WHO DO NOT AGREE WITH THESE TERMS SHOULD NOT USE THIS SITE OR PURCHASE OUR PRODUCTS.
SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND
References to “Dispute”meanany claim, conflict, controversy, disagreement between the parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms or any Terms contemplated by the Terms.
References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching party would wish to immediately terminate these Terms because of that breach.
References to the “Product” mean any and all products offered by us, including but not limited to retail cosmetic and bulk cosmetic ingredients.
References to the “Site” mean the Web site bearing the URL www.blossombulk.com and its Interactive Areas (as defined herein) as well as any other Sites owned and/or operated by us under the Blossom Bulk Ingredients brand, including but not limited to its social media accounts.
References to the “Terms” and/or “Agreement,” mean this, these Terms and Conditions as set forth herein.
References to “us,” “we,” “our,” and/or “Blossom Bulk,” mean Blossom Group, LLC, d/b/a Blossom Bulk Ingredients an Illinois limited liability company.
References to “you,” “your” and/or “User” mean the User of the Site and/or purchaser of a Product, whether as a direct customer for personal use or a business in the form of raw materials.
1.2. Agreement to be Bound.
The following Terms and Conditions, together with the relevant information set out on this Site, including any features and services available, such as RSS feeds, podcasts, video and photographs, publications, and other materials are subject to the Terms and Conditions set forth below. Please read them carefully as any of use of this Site constitutes an agreement, without acceptance, to be bound thereby by the User. By using the Site or otherwise purchasing a Product, you represent that you are at least eighteen (18) years old, have read and understand the Terms and Conditions, and that you agree to be bound by these Terms and Conditions as set forth below.
SECTION II: GENERAL PROVISIONS
2.1. Accuracy, Completeness, and Timeliness of Information Provided via the Site.
We are not responsible if information made available on the Site is not accurate, complete, or current. You acknowledge that the Site, including but not limited to User feedback, and the Products are 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 includes but is not limited to financial, healthcare, and/or legal decisions, actions, or failures to act, or any other undertakings. Information on the Site has not been evaluated by Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease or health condition. Any reliance on the Site and/or the Products is at your own risk.
2.2. Errors in Web Site or Products.
We do not warrant that any errors in the Site or the Products will be corrected.
2.3. Modifications and Changes to Terms and Conditions.
We may modify, add to, suspend, or delete these Terms and Conditions or other agreements, in whole or in part, in our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Site. Your use of the Site after modification, addition or deletion of these Terms and Conditions shall be deemed to constitute acceptance by you of the modification, addition, or deletion.
2.4. Modifications and Changes to the Web Site, Product Offered.
We may modify, add to, suspend, or delete any aspect of this Site or any Products offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.
2.5. Access to Site.
Though we try to make the Site available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Site will be available at all times.
We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Site.
2.6. Right of Refusal, Limitation, Discontinuation, and Termination.
We reserve the right to refuse to provide access to the Site or purchase of a Product for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel a User Account (as defined below) for any reason whatsoever, as allowable by law. In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the e-mail provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account termination.
2.7. Prohibited Uses of Site.
In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Site: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Site; (c) to violate any international, governmental, 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; (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. We reserve the right to terminate your use of the Site for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.
2.8. Product Safety.
User acknowledges that it has reviewed the applicable Safety Data Sheet (SDS) prior to use of any Product. Safety Data Sheets for all Products are available from us on request via email.
Please be advised that some Products may be flammable. We cannot be held responsible for any fire caused or aggravated by the use of the Products.
In addition, some Products may contain ingredients likely to stain clothes. In the instance of staining, we recommend washing the affected material several times in cold water and then hanging to dry. The use of a drying machine may cause spontaneous combustion or permanent setting of the stain. We cannot be held responsible for any stains that may arise as a result of the use of the Products.
SECTION III: ACCOUNTS
3.1. Online Accounts.
3.2. Transfer Prohibited.
You agree you shall not sell, trade or transfer that Account to any other person or entity.
3.3. Right to Monitor.
We shall have the right to monitor your Account in our sole and exclusive discretion.
3.4. Account Guidelines.
The Site may contain the ability for Users to interact with each other via comment and discussion areas or through the submission of blog posts or Product reviews ("Interactive Area”) or by interacting with our social media accounts.By participating in an Interactive Area, all Users agree and acknowledge that they:
Shall not upload, distribute, or otherwise publish to the Site any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; and
Shall not threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam”; and
Shall not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Interactive Area and use of the Site; and
Shall not personally attack another User. Personal attacks are a direct violation of these Terms and Conditions and are grounds for immediate and permanent suspension of access to all or part of the Interactive Area and use of the Site; and
Shall not use the Interactive Area to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services except for the sale of goods in the scope envisioned by the express purpose of the Site; and
Shall not upload, post or otherwise transmit any content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability; and
Shall not post unauthorized commercial communications (such as spam); and
Shall not upload, post or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; and
Shall not upload, post or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area; and
Shall not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with any person or entity; and
Shall not interfere with any other User's right to privacy, including by harvesting or collecting personally-identifiable information about other Users of our Interactive Area or posting private information about a third-party; and
Shall not engage in unlawful multi-level marketing, such as a pyramid scheme; and
Shall not upload, post or otherwise transmit any content, software or other materials which contain a virus or other harmful or disruptive component; and
Shall not interfere with or disrupt the Site and/or the Interactive Area or the servers or networks connected to the same, or disobey any requirements, procedures, policies or regulations of networks connected to the Site and/or the Interactive Area; and
Shall not facilitate or encourage any violations of these Terms and Conditions or our policies.
Users agree further and acknowledge that any profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them.
3.5. Rights in Submissions.
Should you submit, display, publish or otherwise post any content to an Interactive Area, ( “Submissions,”) you agree to grant to us and our partners and affiliates a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any third party.
You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
3.6. Right to Monitor.
We shall have the right to monitor your Account and any Submissions in our sole and exclusive discretion.
3.7. Customer Support.
Customer support regarding your Account or any Product purchase may be reached via our customer support chat on our Site. Alternatively, Users may contact us via email at firstname.lastname@example.org or via phone at +1 312-379-5210 between the hours of 8 a.m. and 5 p.m. U.S. Central Time. We strive to return support requests within forty-eight business hours, excluding U.S. federal holidays.
SECTION IV: TERMS OF SALE
4.1. Sales Price.
The sale price for our Products is as set forth on the checkout page and at the point of sale. Taxes and shipping costs shall be included at the point of sale. Sales prices are subject to change at any time in our sole and exclusive discretion.
In the event a sale has been made under a sale price set forth in error, we reserve the right to notify you of the error and request payment for the corrected amount. In the event you do not wish to pay any such additional amounts, we reserve the right to cancel the order in our sole and exclusive discretion.
4.2. Payment Method.
Payment shall be made electronically via the User’s selected payment method via our Site. We accept a variety of payment methods, including major debit/credit card and PayPal. We may allow, at our discretion, payment by check, wire transfer and/or ACH.
4.3. Refunds, Exchanges.
If you are not satisfied with your purchase, you may request a full refund or exchange (excluding shipping costs) for any reason within fifteen (15) calendar days of delivery of your Product or within sixty (60) days of delivery of your Product for store credit by contacting our customer support. Exclusions apply. Please see our Return Policy for more information at https://www.blossombulk.com/return-policy/.
4.4. Right of Refusal, Limitation, Change and Discontinuation.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail provided at the time the order was made.
We reserve the right to discontinue or otherwise limit the sale and/or provision of any and all Products provided by us for any reason at any time in our sole and exclusive discretion.
Any offer for the sale of any and all Products provided by us is void where prohibited.
Products generally leave our warehouse within one to three business days unless otherwise noted or in the event a Product purchase relates to a pre-order. In the event a delay in dispatch is anticipated, you will be notified via email at the email address associated with your Account.
Shipping times may vary based on your location and shipping method selected at the time of shipment. In no event do we promise or represent to you that a shipment will be delivered by a certain date. Any and all shipping dates that are provided to you are estimates only, and we shall have no liability to you for failure to complete delivery of an order by the date indicated or for any of your incidental, indirect or consequential damages arising from a delay.
We ship Products F.O.B. Origin, with packaging and carriers as designated by us. This means that title to the Product passes to you upon delivery of the Product to the carrier for shipment, with carrier acting as your agent. You assume the risk of loss for any Product in transit and shall be responsible for obtaining insurance, if desired or required.
4.6. International Shipments.
International customers shall be solely responsible for the additional payment of any import fees or sales taxes related to their purchased Products. We do not represent or warrant that any Product will pass customs.
4.7. Shipping Rates.
Shipping rates are based on the actual carrier rate and may vary depending on the Product purchased and the delivery destination.
SECTION V: INTELLECTUAL PROPERTY
5.1. Intellectual Property Rights Not Waived.
This is an Agreement for access to and use of the Site and Products, and you are not granted a license to any software or intellectual property by these Terms and Conditions. The Site and Products are protected by U.S. and, where applicable, international intellectual property laws. The Site and Products belong to us and are the property of us or our licensors (if any). We retain all ownership rights in the Site and Products.
Furthermore, all material displayed or transmitted on this Site and via the Products, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics, (“Materials,”) are owned by us and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws, and treaties.
Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on the Site or via the Products, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.
You may make a single print copy of any Materials provided by us on this Site or via a Product purchase for personal, non-commercial use only, provided that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Materials. You may not archive or retain any of the Materials accessed on this Site without our express written permission. All requests for archiving, republication, or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to email@example.com.
You acquire no rights or licenses whatsoever in the Materials other than the limited rights to use the Site in accordance with these Terms and Conditions. Any of the Materials accessed or downloaded from this site must be accessed or downloaded in accordance with the Terms and Conditions specified in this Agreement. We reserve any rights not expressly granted under these Terms and Conditions.
You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes, without limitation, the right for us or any third-party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other User to access, view, store or reproduce the content for that User's personal use.
Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions and the like relating to Blossom Bulkor its initiatives, (your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback, provided to us by third-parties, or independently-developed or considered by us, shall be without obligation to you.
SECTION VI: Third-Party Advertisements, Promotions, and Links
6.1. Third Party Advertisements and Promotions.
We may, from time to time, run advertisements and promotions from third-parties on the Site. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
6.2. Use of Third-Party Tools.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
6.3. Third-Party Links.
Certain content, products, and services available via our Site may include materials from third-parties.
Third-party links on the Site may direct you to third-party Sites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or Sites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party with whom you connect via the Site. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION VII: DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION
7.1. Disclaimer of Warranty; Limitation of Liability.
(A) YOU AGREE THAT USE OF THE SITE AND PRODUCTS IS AT YOUR SOLE RISK. NEITHER US nor our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE use of the Site OR THE PRODUCTS SHALL BE UNINTERRUPTED OR ERROR-FREE; NOR DO we MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR PRODUCTS OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED.
(B) ANY INFORMATION PROVIDED VIA THE SITE OR PRODUCTS, DOWNLOADABLE SOFTWARE, PRODUCTS, OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS.
(C) IN NO EVENT SHALL WE or our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PROFESSIONAL LIABILITY DAMAGES, MALPRACTICE LOSSES AND DAMAGES, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, personal injury or death, property damage, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE OR PRODUCTS.
(D) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY utilizing THE SITE AND/OR PRODUCTS YOU ACKNOWLEDGE AND AGREe TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE Utilize THE SITE OR PURCHASE THE PRODUCTS.
(E) OUR LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE PURCHASE PRICE OF THE APPLICABLE PRODUCT GIVING RISE TO LIABILITY.
(F) Any action by either Party for breach of this agreement OR OTHERWISE RELATED TO THE PURCHASE OR USE OF A PRODUCT must be brought within one (1) year after the event(s) giving rise to the cause of action; both Parties hereby waive the right to invoke any different limitation on the bringing of actions provided under state law.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
The above limitations shall survive these Terms and inure to the benefit of us and our affiliates, directors, officers, members, employees, contractors, parents, subsidiaries, agents, third-party content providers, licensors, and any purchasing person or entity in the event that we are sold, in whole or in part, and/or restructured.
You agree to defend, indemnify, and hold us harmless, as well as our AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS from and against all claims, SUITS, and expenses, including attorneys' fees, arising out of OR RELATED TO (a) YOUR USE OF THE SITE AND/OR PRODUCTS; (B) your noncompliance with or breach of this Agreement; (C) your use of third-Party SERVICES, products, links, advertisements, and/or tools; (D) YOUR VIOLATIONS OF ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; (E) the unauthorized use of the Site OR PRODUCTS by any other person using your information; AND/OR (F) THE FAILURE OF A USER TO COMPLY WITH HIPAA OR ANY OTHER RULE OR REGULATION.
SECTION VIII: GOVERNING LAW; ARBITRATION
8.1. Governing Law.
These Terms and Conditions shall be governed and construed in accordance with the laws of Illinois without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in Cook County, Illinois, and any cause of action that relates to or arises from these Terms and Conditions, the Products and/or the Site must be filed therein unless subject to the binding arbitration provisions of Section 8.2, infra.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE USER AND BLOSSOM BULK TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. THIS IS A WAIVER OF ANY CLASS ACTION RIGHTS.
User and Blossom Bulk agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the purchase or use of a Product that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that User and Blossom Bulk are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between the Parties before the effective date of these Terms.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the Chicago JAMS Resolution Center and shall be governed by the JAMS Rules, as of the date of these Terms. If the Chicago JAMS Resolution Center is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
The arbitration will be conducted pursuant to the laws of the State of Illinois. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon User and Blossom Bulk.
USER AND BLOSSOM BULK WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. User and Blossom Bulk are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between User and Blossom Bulk over whether to vacate or enforce an arbitration award, User and Blossom Bulk WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONEUSER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither User nor Blossom Bulk are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in above.
Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
User may opt out of this arbitration agreement. If User does so, neither User nor Blossom Bulk can force the other to arbitrate. To opt out, User must notify Blossom Bulk in writing no later than thirty (30) calendar days after the date of the purchase that this Agreement governs. User’s notice must include User's name, email, order number, and address and an unequivocal statement that User want to opt out of this arbitration agreement. User must send opt-out notice by first class mail to this address: to Blossom Group, LLC, 500 N Michigan Avenue, Suite 600, Chicago, Illinois 60611.
Notwithstanding the foregoing, either User or Blossom Bulk may bring an individual action in small claims court or for preliminary injunctive relief.
This arbitration agreement will survive the termination of User’s relationship with Blossom Bulk.
SECTION IX: MISCELLANEOUS
9.1. Affiliate Disclosure.
We may have an affiliate relationship with third-parties and affiliates to whose products and services we link and promote through the Site, our mailing list, and/or the Products. Because of this relationship, we may earn a commission on products purchased by a User from a third-party affiliate.
9.2. Different and Conflicting Terms.
We reserve the right, but assume no obligation, to agree to different or conflicting terms and conditions with respect to any User. Any such terms and conditions will not be enforceable unless specifically agreed to by us.
Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its Terms.
Any waiver of a right under these Terms and Conditions shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a party from exercising that right in the future. The rights and remediesherein provided are cumulative and not exclusive of any rights and remedies provided by law.
9.5. Force Majeure.
We shall not be bound to meet any obligation if prevented from doing so as a consequence of Acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane,fire,flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions,embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
We shall have the right to assign and/or transfer these Terms and Conditions and our rights and obligations hereunder to any third-party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer its rights or sub-contract or delegate the performance of any of its obligations under these Terms and Conditions without our prior written consent in our sole and exclusive discretion.
9.7. Rights of Third Parties.
These Terms do not give any right to any third-party unless explicitly stated herein.
9.8. Relationship of the Parties.
The parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither party has authority to enter into Terms of any kind in the name of the other party.
If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
9.10. Additional Services, Contests.
We reserve the right, in our sole discretion and from time to time, to offer contests, programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such contest, program, product, or service.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Blossom Group, LLC, 500 N Michigan Avenue, Suite 600, Chicago, Illinois 60611, and, in the case of any User, to the email address you provide to us (either during the registration process or when your email address changes). Notice shall be deemed given twenty-four (24) hours after such email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon Account registration. In such case, notice shall be deemed given three days after the date of mailing.
From time to time, we may update these Terms and Conditions by prominently posting a notice of update to the Site, so we encourage you to review them often.