Policies

 
 

Last updated October 31, 2018

Bloomscape.com (including related domains and mobile sites, the “Site”) is the official website for Bloomscape, Inc. (“Bloomscape”). We encourage you to read the following terms governing your use of and purchase of products from the Site. By using the Site or by providing personally identifiable data about you to us, you agree to be bound by these Terms of Service set forth below (the “Terms”).

site contents

  1. Other than for the purchase of merchandise from our Site, our Site and the contents of our Site (the “Contents”) are intended for personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. We may change, move or delete portions of, or may add to our Site or its Contents from time to time, and these Terms cover any subsequent changes or modifications to our Site and/or its Contents. 

  2. The Site and its Contents are protected by copyright, trademark, trade dress and other laws, and all worldwide right, title, and interest in and to the Site and its Contents are owned by Bloomscape and all other trademarks appearing on the Site are trademarks of Bloomscape or are licensed and/or used with permission. You agree not to display or use such trademarks without Bloomscape’s express permission.

user comments, feedback, and other submissions

  1. Any and all comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered by you to Bloomscape on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain Bloomscape property. Bloomscape is not under any obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. By submitting a Comment, you represent and warrant that any Comment you submit does not violate any right of any third party, including copyright, trademark, privacy, patent or other personal or proprietary rights. You further represent and warrant that any Comment you submit to the Site does not contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you submit. 

  2. You acknowledge that the Site may include access to content created, owned, or controlled by third parties (including you or other members). The Site may also link to third parties’ websites. While we may make these available to you, they are not under our control and we are not responsible for their content, nor do we guarantee their accuracy or availability to you. You may be required to agree to such third parties’ terms and conditions in order to use or access their content or websites. Accordingly, we encourage you to review the terms of use and privacy policies, if any, associated with third-party content or websites.

site transactions

  1. We reserve the right to request further identification for credit card processing on any order you place with us. We reserve the right to change and/or refuse any order you enter on the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order; including multiple orders entered by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we change or cancel an order, we will attempt to notify you by contacting the applicable contact information provided when the order was submitted on the Site.

returns and replacements policy

  1. We have a 30-day replacement policy (please contact us at support@Bloomscape.com to initiate a replacement) on all Bloomscape plants except where noted otherwise. It is at our discretion to determine whether a replacement, refund (partial or full), or store credit will be issued. Bloomscape may request further information and pictures. We do not replace plants if they are left outside in extreme temperatures upon delivery.

  2. At this time Bloomscape does not accept returns. Any order that is canceled after purchase will incur a cancellation fee (10% of the full item price) that will be deducted from your refund.

failed deliveries & returned packages

  1. In the case that the mailing service is unable to deliver a package due to an incorrect address entered by the customer, the customer’s refusal to pay duties, multiple failed attempts to reach the customer at point of delivery, or otherwise, Bloomscape is not responsible for payment of return shipping costs levied by the courier. Similarly, Bloomscape is not responsible for the payment of re-shipping merchandise to the customer. In cases such as these, the customer is responsible for all shipping costs associated with returned packages due to failed delivery.

prohibited conduct

You may not:

  1. MODIFY, ALTER, REVERSE ENGINEER, OR CREATE DERIVATIVE WORKS OF THIS SITE OR ITS CONTENTS;

  2. DISTRIBUTE TO THIRD PARTIES OR PUBLICLY DISPLAY ITS CONTENTS OR USE ANY PORTION THEREOF FOR COMMERCIAL PURPOSES, EXCEPT AS EXPRESSLY AUTHORIZED;

  3. SCRAPE, COPY, DOWNLOAD, USE, OR DISTRIBUTE (WHETHER OR NOT FOR COMMERCIAL PURPOSES) ANY OTHER USER’S PERSONAL INFORMATION;

  4. SEND OTHER USERS OF THE SITE SPAM, SURVEYS, CONTESTS, CHAIN LETTERS, PYRAMID SCHEMES, OR OTHER UNSOLICITED BULK OR JUNK MESSAGES;

  5. REMOVE, MODIFY, OR OBSCURE ANY COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY NOTICE;

  6. ATTEMPT TO (I) GAIN ACCESS TO ANY PORTION OF THIS SITE FOR WHICH YOU DO NOT HAVE AUTHORIZED ACCESS, (II) INTERFERE WITH OR INTERRUPT THE OPERATION OF THIS SITE (INCLUDING WITHOUT LIMITATION THROUGH DENIAL OF SERVICE ATTACKS), OR (III) HARM Bloomscape OR ANY USER OF THIS SITE, THROUGH HACKING, DATA MINING, THE USE OF VIRUSES OR OTHER MALWARE, OR ANY OTHER MEANS; OR

  7. OTHERWISE USE OR ACCESS THIS SITE, ITS CONTENTS, OR ANY CONNECTED NETWORK, SYSTEM, OR DATABASE, IN ANY WAY NOT AUTHORIZED BY THESE TERMS OR IN VIOLATION OF ANY LAW.

  8. Areas of the Site may have different terms of use posted. If there is a conflict between these Terms and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.

indemnification

  1. You agree that you remain responsible for the content that you submit or send using the Site. You agree to defend and hold harmless Bloomscape and its affiliates, and their employees, contractors, directors, managers, officers, and representatives, from and against any damages, losses, or costs (including reasonable attorneys’ fees), arising from, or in connection with any claim, suit, or action relating to: (i) your content; (ii) your use of the Site; (iii) your violation or infringement of any right of a third party or any applicable law in connection with the Site; (iv) any property damage or personal injury caused by you; or (v) your breach of these Terms.

disclaimer of warranty

  1. THE SITE AND ALL CONTENT THEREIN, AND ANY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. BLOOMSCAPE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM AND EXCLUDE TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BLOOMSCAPE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, AVAILABILITY, SUPPORT, TIMELINESS, SAFETY, OR PERFORMANCE WITH RESPECT TO THE USE OF THE SITE OR ITS CONTENT. BLOOMSCAPE MAKES NO WARRANTY THAT THE SITE OR THE PRODUCTS OR SERVICES WILL MEET USER’S NEEDS OR BE ERROR-FREE OR ACCURATE. ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY CONTAINED HEREIN WILL NOT BE ENFORCEABLE.

limitations of liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, BLOOMSCAPE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING FOR LOSS, CORRUPTION, OR INACCURACY OF DATA, LOST PROFITS, LOST BUSINESS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR LIABILITY OR INJURY TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT AND REGARDLESS WHETHER BLOOMSCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BLOOMSCAPE’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

governing law

  1. This Site originates from the State of Michigan. Bloomscape makes no representation that any content will be available or legal in other locations. You agree to comply with all applicable laws governing your use of the Site. You may not access, download, use or export materials posted to the Site in violation of the export laws or regulations applicable to your or our jurisdiction. 

  2. These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to rules or principles regarding conflicts of laws. Any action or proceeding arising out of or relating to these Terms must be brought exclusively in the state or federal courts located in Eastern District of Michigan. Each party irrevocably consents and waives objection to personal jurisdiction and venue in, and agrees to service of process issued by, any such court in any such action or proceeding.

privacy policy

  1. Our privacy policy, which is posted on the Site, is expressly incorporated into these Terms by reference. It is available at https://bloomscape.com/privacy-policy/

modifications to these terms

  1. From time to time, we may change the terms that govern your use of our Site. Your use of our Site following any such changes to these Terms constitutes your agreement to follow and be bound by the terms as changed.

general

  1. These Terms constitute the final, complete, and exclusive agreement of the parties relating to the use of the Site and related services, and supersedes and merges all prior discussions between the parties. The rights and remedies provided to Bloomscape in these Terms are cumulative and in addition to any other rights and remedies available to it at law or in equity. 

  2. You may not assign or delegate your rights or duties under these Terms without Bloomscape’s express prior written consent. Bloomscape may assign or delegate its rights or duties under these Terms in its sole discretion. Subject to the foregoing, these Terms shall inure to the benefit of each party’s permitted successors and assigns. In the event that any provision of these Terms is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that all other provisions shall otherwise remain in full force and effect and enforceable. The parties are independent contractors; nothing herein will be construed to create a partnership, joint venture, or agency relationship between the parties, and neither party by virtue of these Terms will have any right, power, or authority to act or create any obligation, expressed or implied, on behalf of the other party. Headings herein are for convenience of reference only and shall not affect the interpretation of these Terms.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

  1. You agree to be bound by any affirmation, assent, or agreement you transmit through this Site, including but not limited to any consent you give to receive communications from Bloomscape solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.