coBlossom Inc.'s Terms of Use

Last Updated: May 3, 2021

 

These Terms of Use (“Terms”) constitute an agreement between you (“you” or the “user”) and coBlossom Inc. and its affiliates or assigns (collectively, “coBlossom,” “we,” “us” or “our”).  By accessing our online platforms through which services may be provided (the “Platform”), you signify that you have read, understand, and agree to be bound by these Terms.  The Platform may be accessible via websites or applications, whether owned and/or operated by us or third parties, including without limitation, through our website at https://www.coblossom.com and any of our related applications.  Please read these Terms carefully.  You should print a copy of these Terms for your records.

 

Your Information and Disclosure to Third Parties

coBlossom has made a commitment to protecting the privacy of those who use the Platform.  Please review the Platform’s Privacy Policy.  The Platform’s Privacy Policy is incorporated by reference in these Terms.  By using the Platform, you are consenting to the Privacy Policy.

 

Platform Services

When you use the Platform, you consent to receive communications from us electronically via the Platform.  You agree to provide accurate, current, and complete information about yourself when you use the Platform and to update such information while you continue to use the Platform.  

 

Mobile Devices and Mobile Applications

If you use a mobile device to access the Platform optimized for mobile-viewing, opt in to receive SMS (text messages) from coBlossom (as/when available), or use a mobile application, the following additional terms and conditions ("Mobile Terms") also apply to you.  Your access to the Platforms via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms.  By opting in, you agree to receive promotional SMS text messages on your mobile device.  Your consent is not required as a condition of purchasing any goods or services from us.   

 

Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages and other information you provide to coBlossom as part of this service.  coBlossom may use this information to contact you and provide services you request from coBlossom.

 

coBlossom will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.  You understand that wireless service through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise.  You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Platform or use of a mobile application.  All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.  

 

Eligibility

You represent and warrant that you: (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from the Platform; (c) do not have more than one account at any given time for the Platform; (d) will only provide us with true, accurate, current and complete information if you register for an account–if we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Platform (or any portion thereof); and (e) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.

 

Payment Policies and Procedures

We have contracted with a third-party payment processor to facilitate purchases made on the Platform.  When you make a purchase through the Platform, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor.  You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information.  Please note, it is possible that your card issuer may charge you an online handling fee or processing fee.  We are not responsible for this.

 

We strive to provide accurate pricing information regarding the services available on the Platform.  We cannot, however, insure against pricing errors.  We reserve the right, at our sole discretion, to not process your purchase and/or to cancel your access to the Platform’s services as a result of an error.  If this occurs, we will notify you by email.

 

Your Health

coBlossom cares about your safety.  You should consult with your healthcare provider(s) and consider the associated risks before using the Platform.  The information provided through the Platform is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, therapist, mental health practitioner, or any other licensed or registered health care professional.  Always seek the advice of your physician, mental health provider, or other health care professional regarding any questions or concerns you have about your specific health situation, including but not limited to either physical or mental health issues.  Everyone’s conditions and abilities are different. Use of the Platform is at your own risk.

 

You expressly agree that athletic activities carry certain inherent risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities. 

 

Fitness and nutritional advice is subject to constantly evolving knowledge.  Although we base our tips on our research efforts and knowledge, we do not guarantee that the services reflect the most up to date research findings or knowledge.  

 

Intellectual Property

The Platform, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Platform (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by coBlossom or third parties; all rights, title, and interest will remain the property of coBlossom and/or such third-party owner, as applicable.  All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.

You are authorized to view and retain a copy of pages of the Platform only for your own personal, non-commercial use.  You may also view and make copies of relevant documents, pages, images, or other materials on the Platform for the purpose of transacting business with coBlossom.  You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, or in any way distribute or exploit the Platform, or any portion of the Platform, for any public or commercial use, without the express written consent of coBlossom.  Additionally, you agree that you: (a) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Platform (or printed pages produced from the Platform), and (b) will not make any other modifications to any documents obtained from the Platform other than in connection with completing information required to transact business with coBlossom.

 

Use of Information and Materials

The information and materials contained on the Platform, and these Terms, policies, and descriptions on the Platform, are subject to change.  You accept sole responsibility for all of your activities using the Platform.  Your use of the Platform is limited to the intended function of the Platform.  Unauthorized use of the Platform and systems, including but not limited to unauthorized entry into coBlossom’s systems or misuse of any information posted on the Platform, is strictly prohibited.  You may not use the Platform in a manner that:

 

  1. harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party (including but not limited to rights of publicity or other proprietary rights);

  2. is unlawful, fraudulent, or deceptive;

  3. uses technology or other means to access content or systems of coBlossom in a manner that is not authorized by coBlossom;

  4. uses or launches any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of coBlossom;

  5. attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

  6. attempts to gain unauthorized access to coBlossom’s computer network or user accounts;

  7. encourages conduct that would constitute a criminal offense or that gives rise to civil liability;

  8. violates these Terms or any other coBlossom policies;

  9. attempts to damage, disable, overburden, or impair coBlossom servers or networks;

  10. fails to comply with applicable third-party terms; or

  11. constitutes any other inappropriate conduct, as determined by us in our sole discretion.

 

System Outages, Slowdowns, and Capacity Limitations

At times you may experience difficulty accessing the Platform or communicating with coBlossom through the Internet, or other electronic wireless services, as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems.  Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or coBlossom’s, can experience unanticipated outages or slowdowns or have capacity limitations.  coBlossom is not responsible for failure or delay of performance caused by such problems.

 

Security

coBlossom makes no warranty whatsoever to you, express or implied, regarding the security of the Platform, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Platform.  You acknowledge and agree that you are solely responsible for maintaining the security of your devices.  coBlossom is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access.  You are required to notify us of any unauthorized use of the Platform by using the contact information in the “Contact Us” section below.

 

To protect the security of your information, coBlossom may require you to authenticate your identity (i.e., prove that you are who you say you are) when you use the Platform. 

 

Links to Other Websites and Services

The Platform may contain links to outside services and resources, the availability and content of which coBlossom does not control.  We are not responsible for examining or evaluating, and we do not warrant the offering of these services and resources or the content of these websites.  coBlossom does not assume any responsibility or liability for the actions, products, and content of these and any other websites.  Any concerns regarding any such services or resources should be directed to the service or resource.

 

Severability/No Waiver

If any provision of these Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.  coBlossom’s failure to enforce the strict performance of any provision of these Terms or the additional terms and conditions for any product or service will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms or the additional terms and conditions.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY INJURY OR ILLNESS THAT MAY ARISE IN CONNECTION WITH THE PLATFORM, OR FROM YOUR USE OF OR INABILITY TO USE THIS PLATFORM; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.  

 

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages.  In such jurisdictions, our liability is limited to the greatest extent permitted by law.

 

Disclaimers

THE PLATFORM IS PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  COBLOSSOM MAKES NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THAT OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE. COBLOSSOM UNDERTAKES NO OBLIGATION TO UPDATE THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COBLOSSOM, OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY REGARDING THE PLATFORM NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE PLATFORM AND ITS CONTENT AND DATA MAY BE PROVIDED BY COBLOSSOM FROM TIME TO TIME WITHIN THE PLATFORM.

 

WE DO NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR THAT THE PLATFORM AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT.  IF YOUR USE OF THE PLATFORM, THE MATERIAL, OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

 

Indemnification

You will defend, indemnify, and hold us harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to your conduct with respect to the Platform or violation (or alleged violation) of these Terms.  Under no circumstance will coBlossom be liable for damages of any kind that result from your use of, or the inability to use, the Platform.  

 

Termination

We may terminate or suspend your access to the Platform, delete your profile and any content or information or prohibit you from using or accessing the Platform (or any portion, aspect or feature of the Platform) if you violate these Terms, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Platform.  If you wish to terminate your account, you may do so by following the instructions on the Platform. Any fees paid hereunder are non-refundable.  In the event of termination, you will still be bound by your obligations under these Terms.

 

Changes

You are responsible for reviewing these Terms regularly.  coBlossom reserves the right, at any time, without notice to you, and in its sole discretion, to modify or discontinue the Platform, these Terms, or any coBlossom policies related to use of the Platform.  Revisions to these Terms or coBlossom’s policies may be provided through the Platform, including by posting the revisions on the Platform and updating the “Last Updated” date.  Such revisions will go into immediate effect once posted to the Platform.  Continued use of the Platform following such modifications to the Platform, these Terms, additional terms and conditions for any service, or other coBlossom policies will constitute your acceptance of such modifications and revisions.

 

Legal Disputes

YOU AND COBLOSSOM AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

 

Any dispute between you and coBlossom arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”), will be settled by binding arbitration.

 

Prior to initiating any arbitration, the initiating party will give the other party at least 60 days advanced written notice of its intent to file for arbitration.  coBlossom will provide such notice by either email to your e-mail address on file with coBlossom or by mail to your mailing address on file with coBlossom and you must provide such notice to coBlossom by email to support@coblossom.com

 

During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes.  Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.  The arbitrator will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by you or coBlossom and approved by the arbitrator.  Any in-person appearances will be held at a location mutually agreed upon by you and coBlossom, or, in the absence of such agreement, at a location determined by the arbitrator.  The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.  The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. 

 

coBlossom and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only.  Neither coBlossom nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis.  If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration).  These Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 and, where otherwise applicable, by the laws of the Commonwealth of Pennsylvania.

 

Unless you and coBlossom agree otherwise, in the event that it is determined or these Terms provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the Eastern District of Pennsylvania, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the Eastern District of Pennsylvania for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Pennsylvania      , and you submit to the personal jurisdiction of that court.

 

Miscellaneous Provisions

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  The section headings used herein are for convenience only and shall not be given any legal import.

 

coBlossom’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.

coBlossom may assign its rights and duties under these Terms to any party at any time without notice to you.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force. 

Contact Us

 

If you have any questions regarding the Platform, please feel free to send us an email at support@coblossom.com.