Welcome to the Bloomers website, operated by Bloomers Intimates LLC (“Bloomers”) and located at www.bloomersintimates.com. The following terms and conditions (“Terms”) govern your use of the Site.
In order to access certain content, material, products or services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Bloomers will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.
When placing an order through the Site, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by Bloomers or its third party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site.
3. General Restrictions on Use
You will not (and will not attempt to):
- Access any of the Services by any means other than through the interface that is provided by Bloomers;
- Gain unauthorized access to Bloomers’ computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Bloomers’ networks and computer systems;
- Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
- Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
- Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
- Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Bloomers in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
As between you and Bloomers, Bloomers owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Site (“Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. As between you and Bloomers, all names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to Bloomers or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.
Certain features of the Site may allow you to contribute feedback and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by Bloomers on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to Bloomers, you grant Bloomers a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever. For avoidance of doubt, Bloomers shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.
5. Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Comments, Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in our sole discretion.
6. Limitation of Liability; Disclaimer of Warranties
8. Links To Other Sites
9. Intellectual Property Complaint Procedure
If you believe that any content or postings on this Site violates your intellectual property rights, please notify Bloomers by email at firstname.lastname@example.org in with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.
10. Dispute Resolution by Binding Arbitration and Class Action Waiver
THIS ARBITRATION AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY PROVIDING THAT DISPUTES BETWEEN YOU AND BLOOMERS, MUST BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN A COURT. PLEASE READ THIS AGREEMENT CAREFULLY.
If you have a claim or dispute against Bloomers, you agree to contact us at email@example.com so that we can try to resolve it informally. If a claim or dispute cannot be resolved informally, you agree that any and all claims or disputes between you and Bloomers arising out of or relating in any way to the Product, your purchase, communications between you and Bloomers, your use of Bloomers’ website(s), or these Terms and Conditions, (other than any claims or disputes filed in small claims court) shall be resolved through final, binding arbitration, and that the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. This arbitration obligation applies regardless of the legal theory upon which the claim or dispute is based. Both you and Bloomers specifically acknowledge and agree to waive the right to bring a lawsuit in court based on such claims or disputes. In arbitration, a neutral arbitrator or panel of arbitrators resolves a claim or dispute, and the arbitration process may be more informal than a lawsuit in court. Any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court. Bloomers will pay the arbitration hearing fee and will promptly reimburse you for any standard filing fee which may have been required by the AAA once you have notified Bloomers in writing and provided a copy of the arbitration claim. Each party shall pay the fees and costs of its own attorneys, experts, and witnesses, and fees and costs may only be reallocated in accordance with applicable law. The arbitration will take place before the American Arbitration Association (“AAA”), using its Consumer Arbitration Rules then in effect at the time of the dispute (see www.adr.org or call (800) 788-7879 for AAA’s rules and procedures). If for any reason AAA is unavailable, you and Bloomers shall mutually select another arbitration forum.
All arbitrations shall be conducted only on an individual (and not a class-wide) basis and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that you may only bring claims against us in an individual capacity and not as a plaintiff, class representative, or class member in any purported class action or representative proceeding. This class action waiver is material and essential to the arbitration of any disputes between you and Bloomers and is non-severable from this agreement to arbitrate. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the agreement to arbitrate shall be null and void.
The Site is controlled and operated from within the United States. Without limiting anything else, Bloomers makes no representation that the Site, Site Content, Comments, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.
Last Updated: 11/22/20