Welcome to bloomingaprons.com, a website operated by BloomingAprons Inc (the "Company").
The Content Consumers are charged for access to the Content by the Business Customers only when they choose to pay using the Platform's micropayments feature. All micropayment transactions within a month are consolidated and, if they meet the minimum payment limit imposed by the Payment Gateways, are charged to the Content Consumers as one transaction to the associated payment option.
The Content Consumers are charged via the web sites or web applications for the Business Customers using the payment option specified on the Business Customer's web site or web application, which may have its own legal terms.
During the first 5 (five) days of the month following the month in which funds from the Content Consumers were received, the Company will consolidate all amounts collected from the Content Consumers in the previous month. Unless otherwise specified in a separate agreement, the Company will retain 30% (thirty percent) of each transaction collected from the Content Consumers (the "Fee") and transfer the remaining balance to the Business Customers.
You can terminate your use of the Service, change your password, and otherwise manage your account using the Site.
We reserve the right to change the Company's Fee. If the Company does change its Fee, the Company will provide notice of the change on the Site or in email to you, at the Companyss option, at least 14 (fourteen) days before the change is to take effect. Your continued use of the Service after the Fee change becomes effective constitutes your agreement to the changed amount.
The Company is not responsible for any public display or misuse of the Content. The Company does not, and cannot, pre-screen or monitor all the Content. However, at our discretion, technology we use may monitor and/or record the use of the Service in conjunction with the Content.
You hereby affirm we have the right to terminate your account for any reason, with or without prior notice.
You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Site or the Service (except for the Content), including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms.
You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Site or the Service in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) your publication or sharing of Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
The Company takes no responsibility and assumes no liability for any Content that appears in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone's reliance on information or other Content posted or transmitted in connection with the Service.
For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the Site or the Service; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
The Company may also use your email address to send you other messages, including information about the Company and Site or the Service and special offers. You may opt out of such email by changing your account settings, using a link in the email, or sending an email to firstname.lastname@example.org.
THE SITE AND SERVICE ARE PROVIDED "AS IS,"" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE SITE OR THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICE; (C) THE SITE OR THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AND SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL COMPANY'S LIABILITY TO YOU EXCEED $10. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
The Company can amend these Terms at any time. It's your responsibility to check the Site from time to time to view any such changes. If you continue to use the Site or the Service, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within 1 (one) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms and your use of the Site and Service are governed by the federal laws of the United States of America and the laws of the State of New Jersey, without regard to conflict of law provisions.
You agree to resolve any claims relating to these Terms or the Site or the Service through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in Woodcliff Lake, New Jersey.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If you attempt to bring any legal action against the Company based in any way on the Site or the Service you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys' fees associated with its defense of the action.
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Current rates for the Service are at http://www.bloomingaprons.com/contact. You may contact us at email@example.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd, Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.