Last updated: July 8, 2021
These Terms of Service (“Terms”) cover your use of and access to this website located at https://bloomandgrowradio.com/, our mobile application and community platform located at community.bloomandgrowradio.com (the "App"), and any other associated websites, applications, products and software (together with the App, the “Site”) and the services available through the Site, as well as all other online and offline interactions with us, including electronic communications between you and Bloom & Grow (collectively, the “Services”). The Site and the Services are owned and controlled by Bloom & Grow Radio LLC and its affiliates (collectively, “Bloom & Grow”, “we”, “us”, or “our”).
Please read these Terms carefully and in their entirety, as these Terms include important information about your legal rights, remedies, and obligations. Feel free to contact us if you have any questions about these Terms.
1. Your Account
Registration. These Terms will remain in full force and effect for as long as you use the Site and any of the Services. In order to access and use certain features of the Site and the Services, you may need to create a user account (“Account”) via the App and provide certain information. You represent and warrant that all registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information at all times.
You agree that you are solely responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security by emailing us at firstname.lastname@example.org. Bloom & Grow cannot and will not be liable for any loss or damage arising from your failure to comply with the requirements in this section.
We may suspend or terminate access to your Account in our sole and absolute discretion. In the case that your Account is terminated, these Terms shall remain, to the extent applicable, in full force and effect.
2. User Conduct and Responsibilities
You are required to comply with all applicable federal, state, and local laws in connection with your use of the Site and the Services. As a condition of your use of the Site and the Services, you agree that you will not use the Site or the Services for any purpose that is unlawful or prohibited by these Terms. You agree that you will only provide information in connection with any and all other uses of the Site and the Services that is true and accurate, identifies only you, and is not false, misleading, or otherwise an impersonation of any person or entity.
Additionally, you agree not to, without limitation:
• Authorized Purposes Only. Use any content or information available on the Site for any unauthorized purpose;
• Follow the Rules. Interfere with or damage the Site or servers or networks connected to the Site or disobey any requirements, procedures, policies, or regulations of networks connected to the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing of electronic mail address information, or similar methods or technology;
• No Virus Transmission. Upload, post, e-mail, 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;
• No Advertising. Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
• Only Post What’s Allowed. Upload, post, e-mail, or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
• No Reverse Engineering. Attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by the Site;
• No Infringement. Infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including, but not limited to, such rights of third parties; or
• No Aiding or Abetting Rulebreaking. Assist any third party in engaging in any activity prohibited by these Terms.
• Violate Community Guidelines. Use the App in any manner that violates the Community Guidelines.
You represent, warrant, and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, termination of your Account.
Certain portions of the Site may have additional Terms. When these portions are used, you agree to be further bound by the associated additional Terms.
3. Site Content and Intellectual Property Rights
The Site and the Services may contain text, images, software (including images or files incorporated in or generated by the software or data accompanying such software), photographs, video, graphics, audio, features, data, designs, computer programs, source and object code, documentation, illustrations, animations, databases, logos, domain names, trade names, trade identities, and other such similar content (collectively, “Content”). Unless otherwise expressly identified, Content is owned by us or by our third-party licensors. Content may be protected by United States and international copyright, trademark, and other laws. You may browse the Site and download Content solely for your personal use, provided you keep intact all copyright and other proprietary notices. Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Content from the Site, including code and software underlying the Site, nor may you sell, transfer, or otherwise use the Site or Content in commerce or for any public or commercial endeavor without our prior and express written consent. We may in our sole discretion make changes to Content at any time without notice.
4. Your Submissions
6. Third-Party Content and Website
The Site may contain links, references, and other forms of connectivity to website, platforms, and applications maintained and controlled by third parties (“Third Party Site”). Inclusion of any link to Third Party Site does not imply an endorsement or recommendation of any material, substance, information, practice, or the owner or proprietor of such Third Party Site by Bloom & Grow. Bloom & Grow makes no representations or warranties of any kind as to the accuracy, currency, or completeness of any content or information contained in Third Party Site and shall have no liability for any damages or injuries of any kind arising from such content or information contained in Third Party Site. If you decide to access any Third Party Site linked to by the Site, you do so entirely at your own risk. You should refer to the terms and policies of any Third Party Site you use to determine your rights and responsibilities.
7. Using the Site at Your Own Risk
Bloom & Grow has the right, but not the obligation, to review and/or edit the Site, Services, and Content for legal issues. We do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the Site and Services.
By using the Site and Services, you may be exposed to content that you consider offensive, indecent, or objectionable. Bloom & Grow has no responsibility to keep such content from you and no liability for your access to any content on the Site, to the extent permissible under applicable law. You assume full responsibility for the choices you make before, during, and after your access to the Site.
We are not responsible or liable for any interactions involved between you and other users of the Site or Services. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of other users.
9. Disclaimer of Warranties
THE SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, CONTENT, AND INFORMATION, IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BLOOM & GROW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT. BLOOM & GROW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE CONTENT ON THE SITE OR ANY OTHER WEBSITE LINKED TO THE SITE. CONTENT AND ANY OTHER MATERIALS OF THE SITE MAY BE OUT OF DATE, AND BLOOM & GROW MAKES NO COMMITMENT TO UPDATE CONTENT ON THE SITE. BLOOM & GROW DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. BLOOM & GROW DOES NOT WARRANT THAT THE SITE OR ANY ASSOCIATED SOFTWARE, MATERIALS, CONTENT, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE OR ANY ASSOCIATED SOFTWARE, MATERIALS, CONTENT, OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLOOM & GROW OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
10. Limitation of Liability
IN NO EVENT SHALL BLOOM & GROW BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, DAMAGES ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THE SITE OR THE SERVICES, OR DAMAGES ARISING OUT OF OR RELATING TO ANY WEBSITE LINKED TO THE SITE, CONTENT, SOFTWARE, OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH WEBSITE, INCLUDING WITHOUT LIMITATION, ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES, OUR CONTENT, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of New York excluding its conflict of law rules.
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the Arbitration, the appointment shall be made by the AAA in accordance with the Commercial Arbitration Rules. The place, or legal seat of arbitration, shall be New York, and the language of the arbitration shall be English.
YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO ARBITRATION YOU COMMENCE HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY CLAIMS BY ANY OTHER PERSONS.
The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs or to proceed ex aequo et bono. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.
12. No Third Party Rights
Unless expressly stated in these Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Bloom & Grow, and our successors and assigns. Nothing in these Terms is intended to relieve or discharge the obligation or liability of any third persons to you and Bloom & Grow and our successors and assigns, nor shall any provision give any third parties any right of subrogation or action over against you, Bloom & Grow, and our successors and assigns.
Bloom & Grow shall have the right to assign these Terms in whole or in part to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Bloom & Grow.
14. Entire Agreement
15. Force Majeure
Bloom & Grow reserves the right to modify these Terms from time to time in its sole discretion, effective upon posting. In the event of such changes, we will post the changes on the Site and/or notify you via email. Any use of the Site after such changes shall be deemed an acceptance of those changes. You should periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound.
If you have any questions regarding these Terms, please contact us at:
Bloom & Grow Radio, Inc.
PO Box 493 Shokan, NY 12481