The software, workflow processes, user interface, designs, know-how, other technologies, and content (including photographic images) provided by Bloom Brands LLC as part of this website, its corresponding applications, and technology platform are the property of Bloom Brands LLC and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with Bloom Brands LLC. Bloom Brands LLC reserves all rights unless expressly granted in this agreement.
The intellectual property rights made available to you on or through this website, its corresponding applications, and technology platform remains the property of Bloom Brands LLC or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Bloom Brands LLC and its licensors. You are not permitted to publish, store, download, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website, its corresponding applications, and technology platform nor may you use any such content in connection with any business or commercial enterprise.
Copyright and Copyright Notices
Bloom Brands LLC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Bloom Brands LLC’s Copyright Agent the following information: an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web Site sufficient to allow us to locate the allegedly infringing material; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please contact Bloom Brands LLC’s Copyright Agent for Notice of Claims of copyright infringement at:
Copyright Agent
BLOOM BRANDS LLC
DBA Bido Brands
1101 Brickell Ave,
South Tower, Suite 800
Miami, Fl 33131
Email: hello@itsbido.com
Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the Digital Millennium Copyright Act Counter-Notice.
Your Account
You will need an account to purchase the products available in this website, its corresponding applications, and technology platform. You may be required to be logged in to the account and have a valid payment method associated with it to any purchase. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
Bloom Brands LLC reserves the right to refuse service, terminate accounts, terminate your rights to use www.itsbido.com, its corresponding applications, and technology platform, or cancel purchases in its sole discretion. We may terminate your access or suspend your right to access all or part of the Site, its corresponding applications, and technology platform, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms or is harmful to the interests of other users, associates, or us. In addition, we reserve the right to refuse a purchase order from any user in our sole discretion.
You agree that Bloom Brands LLC may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a Bloom Brands account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Bloom Brands LLC at any time by contacting Bloom Brands LLC (DBA Bido Brands) 1101 Brickell Ave, South Tower, Suite 800, Miami, Fl 33131. Email: hello@itsbido.com. If you do not choose to opt out, Bloom Brands LLC may contact you as outlined in its User Privacy Statement, located at 1101 Brickell Ave, South Tower, Suite 800, Miami, Fl 33131. Email: hello@itsbido.com.
YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR ACCOUNT, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE, ACTIVITIES, OR CHARGES. WE, AND OUR AFFILIATES, ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR ACCOUNT. You must contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen. You will be deemed to have taken any action that occurs under your account. You agree to keep your password secret and not share it with anyone except as expressly allowed under this Agreement. YOUR ACCOUNT IS FOR YOUR USE ONLY. YOU SHALL NOT SHARE YOUR ACCOUNT WITH ANY OTHER INDIVIDUAL OR ENTITY OR SELL, TRANSFER OR SUBLICENSE YOUR ACCOUNT. You also agree not to setup any account pretending to be someone else (or spoof someone’s identity).
Reviews and Comments
You may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Bloom Brands, LLC reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant BLOOM BRANDS, LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BLOOM BRANDS, LLC and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BLOOM BRANDS, LLC for all claims resulting from content you supply. BLOOM BRANDS, LLC has the right but not the obligation to monitor and edit or remove any activity or content. BLOOM BRANDS, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Social Media Integration
BLOOM BRANDS, LLC websites, products, and services may include the option of integration through third party social networking sites and related social media plug-ins or applications. When you integrate or link our websites, products, and services with your social media applications (e.g., Facebook, LinkedIn, MySpace, Google+, etc.), you authorize BLOOM BRANDS, LLC to have access to certain information from your social media profile (e.g., name, e-mail address, photo, gender, birthday, location, your list of friends, comments, etc.) to deliver the content or as part of the operation of the integrated application. We may also obtain non-personally identifiable information (e.g., content viewed, advertising viewed, etc.) from your interaction with our integrated content.
By choosing to integrate BLOOM BRANDS, LLC websites, product, and services with social media applications, you consent to the use of this information in accordance with our privacy policy. When you provide personal information to us through an integrated application it may be publicly viewed by other members of these websites and BLOOM BRANDS, LLC cannot prevent further use of the information by independent third parties. For more information about how social networking sites handle your personal information and available privacy settings, please refer to their privacy policies and terms of use.
Mobile Applications and Location-based Services
BLOOM BRANDS LLC’s website, its corresponding applications, and technology platform are also offered via a mobile application for access via smartphones and tablet devices. These applications are subject to the same information handling practices outlined in this policy.
BLOOM BRANDS LLC mobile application may include the option to provide you with helpful information based on where you are. To provide such location-based services, Bloom Brands LLC may collect, use, and share precise location data, including the real-time geographic location of your mobile device. This location data is collected anonymously in a form that does not personally identify you and is solely used by Bloom Brands LLC to provide and improve location-based products and services. If you wish to deactivate this feature, you can disable the location services on your mobile device.
IP Addresses
Due to the communications standards on the Internet, we automatically receive the uniform resource locator (URL) of the web site from which you came and the web site to which you proceed once you leave the Web Site. We also receive the IP address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, as well as the name of your Internet service provider (ISP). This information is used to analyze overall trends to help us improve the Web Site. The linkage between your IP address and your personally identifiable information is shared with third parties in accordance with this Privacy Policy.
Location data provided by the Bloom Brands LLC Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Bloom Brands LLC, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Bloom Brands LLC’s Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Bloom Brands LLC’s Platform may be accessible to Bloom Brands LLC and certain Users of the Bloom Brands LLC’s Platform.
Web Beacons and Ad Networks
We may allow other companies, called ad networks, to serve advertisements to Users via the Web Site, its corresponding applications, and technology platform. Ad networks include third party ad servers, ad agencies, ad technology vendors, and research firms. Bloom Brands LLC may "target" some ads to Users that fit a certain general profile. To deliver these ads properly, the Web Site may include a file, called a web beacon, from these ad networks within pages served by the Web Site or implement other monitoring technologies so the networks may provide anonymous, aggregated auditing, research and reporting for advertisers as well as to target ads to you while you visit other web sites. These general targets may also be used by ad networks to display targeted ads on other web sites as a substitute for random, irrelevant ads. In addition, the Web Site may use the technology of ad networks to serve ads only when you visit this Web Site. Ad networks may use non-personal information, such as your state or zip code, in request or use of Our Boat Chartering Services to provide advertisements about goods and services that may be of particular interest to you while you visit this Web Site. Because your web browser must request these advertisements and web beacons from the ad network's servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site.
Fees and Payments
The cost of the products being sold depends upon the type of products you have purchased. You will pay us the applicable fees, taxes, and charges for purchasing the products from our website.
If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Payments to manage your payment options.
Suspension
We may suspend your right to access or use any portion or all of “www.itsbido.com” its corresponding application and technology platform immediately upon notice to you if we determine: (a) your use of or registration may subject us, our affiliates, or any third party to liability or may adversely impact the Services or the systems or content of any other Bloom Brands LLC user; or (b) you are in breach of this Agreement. If we suspend your right to access or use any portion or all of “www.itsbido.com” its corresponding application and technology platform you remain responsible for all fees you have incurred through the date of suspension and for any applicable fees for any products you have purchased. Our right to suspend your access or use of “www.itsbido.com” its corresponding application and technology platform is in addition to our right to terminate this Agreement pursuant to the Termination Section.
Termination
We may terminate this Agreement at any time and for any reason, immediately, without notice or liability. We may also terminate this Agreement immediately, without notice or liability, if we determine in our sole discretion that:
(i) you have breached any portion of this Agreement;
(ii) your use of, or access to “www.itsbido.com” its corresponding application and technology platform violates any applicable law, rule or regulation or otherwise inhibits any other user from using or accessing the Service;
(iii) the reasons for suspension in the Suspension Section will not be cured; (iv) our relationship with a third party partner who provides software, content, data, or other technology we use to provide the Services expires, terminates or requires us to change the way we provide part of the Services;
(v) your access to “www.itsbido.com” its corresponding application and technology platform could create a substantial economic or technical burden or material security risk for us; or
(vi) our provision of any of “www.itsbido.com” its corresponding application and technology platform has become impractical or unfeasible for any legal or regulatory reason. Upon termination of this Agreement you remain responsible for all fees you have incurred through the date of termination. We have no obligation to refund to you any prepaid fees.
Terms of Sale
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Shipping times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available, and conditions permit. In these instances, our notification to you that your order has “shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time.
All packages sent have a separate tracking number and may be followed on the Order Status page. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.
All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
In order to contract with “www.itsbido.com” you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. “www.itsbido.com” retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party, which you have contracted with. This will usually be “www.itsbido.com”. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods that you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
While we try and ensure that all details, description and prices that appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
The Company’s Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in Bloom Brands’ privacy policy or as otherwise required by applicable law, Bloom Brands is not responsible for any delays, analysis failures, or other economic damage resulting from such problems. You acknowledge that access to the Service may subject you to third party fees (such as Internet service provider or mobile data fees, or airtime charges). You are responsible for applicable fees, including those fees associated with the display or analysis of advertisements, if applicable. In addition, you must provide and are responsible for all equipment necessary to access Bloom Brands in any medium or via any service.
You are responsible for reading the full description of the products you wish to buy before making a purchase.
PAYMENT SERVICE AUTHORIZATION
When you make a purchase, you will be asked to provide us with a credit card number from a card issuer, or other payment information that we accept, to pay for any fees related to the purchase or booking. We may seek pre-authorization of Your credit card or other payment information prior to a purchase to verify that the credit card or payment information is valid and/or has the necessary funds or credit available to cover Your purchase, order, fee or subscription. These pre-authorizations will reduce Your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact Your card issuer if You have additional questions regarding when an authorization amount will be removed from Your statement.
If at any point Bloom Brands collects credit card billing information from You, said data will be transferred using techniques considered commonplace and “industry standard” by our processing partner(s) and any data that we use, store, process or retain will be handled pursuant to our Privacy Policy and that of your credit card issuer. Credit card information will be treated as ephemeral data by Bloom Brands and will solely be processed and, if applicable, stored by our partner(s) in use at the time of the transaction. Credit card information will be stored at time of a transaction or at any given time if a user makes the decision to associate a payment method with their account.
Your card issuer agreement governs Your use of Your credit or debit card, and You must refer to that agreement and not this Terms of Use to determine Your rights and liabilities as a cardholder. YOU, AND NOT BLOOM BRANDS, ARE RESPONSIBLE FOR ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD OR DEDUCTED VIA YOUR DEBIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with Your purchases and services (including any applicable taxes) at the rates/prices/fees in effect when the charges were incurred. If We do not receive payment from Your credit card issuer or its agent, you agree to pay all amounts due upon request or demand by Bloom Brands or its agents.
Bloom Brands shall have the right to refuse or cancel any orders placed for products, subscriptions and/or Services that are listed at an incorrect price, or incorporate an incorrect coupon, rebate or refund, or containing any other incorrect information or typographical errors or made for purposes of or in connection with fraud. Bloom Brands shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled, Bloom Brands agree to promptly issue a credit to Your credit card account in the amount of the charge.
RETURNS
You have 14 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase. Items that are opened or damaged or do not have a receipt will be denied an exchange.
To initiate a return, go to your user profile that was created on our website and send us and email and attach a copy of the purchase order. Select the products you want to return or change from your order. Print your prepaid shipping label that you will receive by email. Send us all items using the label provided.
Items must be returned unopened and with their original labels and packaging.
These remedies are your exclusive remedies. All other remedies are hereby excluded. All warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose are expressly excluded. The exclusions herein are subject to and may be limited by applicable law and you may have additional rights that vary from state to state.
REFUNDS
Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. In most cases your refund will automatically go back to the original form of payment used for the purchase. In the event you used multiple forms of payment, your refund may be issued across all payment methods used. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer's policies.
Only regular priced items may be refunded. Unfortunately, sale items, items with coupons, and items with discount codes cannot be refunded. All sale items, items with coupons, and items with discount codes are final sale.
Once your item has been received, we will refund you based on the payment method you used. Payment processes can take 14 business days. Returned items will be refunded, excluding the original shipping cost. We will keep you informed throughout the process. Likewise, you can track the return of your package through our courier service, using the tracking number on your return sheet; or you can check the status in "My account", under "Orders and returns".
Prohibited Uses
You are solely responsible for all content or information you publish or display (hereinafter, "post") on the Web Site. You will NOT post on the Web Site any defamatory or illegal material or any material that actually or potentially infringes or violates the intellectual property rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person. You will use the Web Site in a manner consistent with any and all applicable laws, regulations, rulings and orders. By posting information on the Web Site, you warrant and represent that the information is truthful and accurate. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or except as otherwise permitted by law.
BLOOM BRANDS, LLC does not and cannot review each message posted by users of the Web Site and BLOOM BRANDS, LLC is not responsible for the information, message or contents of such Content. BLOOM BRANDS, LLC reserves the right, but is not obligated, to delete or remove (i) profane language, (ii) obscenities, (iii) threats of physical violence, bodily harm or damage to property, and (iv) private financial information such as social security numbers and credit card information.
Additionally, you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Web Site or any part thereof or any User Content that you may post or purchase via the Web Site, which includes, without limitation:
(a) use of the Web Site to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Web Site or any other computer network;
(b) use of the Web Site to post or store viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment;
(c) use of the Web Site to post or store any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation;
(d) use of any manual or automated software, devices or other processes to "crawl" or "spider" any web pages contained in the Web Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Web Site);
(e) use of the Web Site to gain competitive intelligence about BLOOM BRANDS, LLC, the Web Site or any product or service offered via the Web Site or to otherwise compete with BLOOM BRANDS, LLC or its affiliates;
(f) framing or otherwise simulating the appearance or functions of the Web Site or any portion thereof;
(g) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users or
(h) use of the Web Site to engage in any activity that, as determined by BLOOM BRANDS, LLC, may intentionally or unintentionally violate these Terms of Service, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Service.
By accessing the Sites, you agree:
● not to use the Sites or the Services or submit content to the Sites if You are an Age-Barred Individual as defined herein.
● not to use the site to cause nuisance, annoyance or inconvenience.
● not to attempt to impersonate another user, person or business, or a member of the Bloom Brands team, including for purposes of placing false or fake requests or queries
● not to advertise any products or services
● not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Site content including but not limited to the Provided Content.
● not to access the Sites or Services using a third-party's account/registration without the express consent of the account holder.
● not to attempt, through any means, to gain unauthorized access to any part of the Sites and/or any service, other account, computer system and/or network connected to any Bloom Brands server.
● not to use the Sites in any manner that could damage, disable, overburden and/or impair any Bloom Brands server, or the network(s) connected to any Bloom Brands server, and/or interfere with any other party’s use and enjoyment of the Sites.
● not to use any information obtained from the Sites or the Bloom Brands Services in order to contact, advertise to, solicit, or sell to any Bloom Brands service provider or other user
● not to use the Sites or any Provided Content as part of an effort to compete with or negatively impact the business of Bloom Brands.
● not to use the Services or Provided Content for any commercial purposes, including but not limited to, contacting or advertising to, soliciting or selling to, any service provider unless Bloom Brands has given You permission in writing to do so. ● not to delete the copyright or other proprietary rights notice from any Provided Content or any portion of the Sites or other Bloom Brands Services.
● to report any errors, bugs, glitches, unauthorized access methodologies or any breach of IP rights that You uncover in Your use of Software or the Services.
● not to use the Sites for any illegal purposes including but not limited identity fraud or credit card fraud.
● to keep secure and confidential Your account password or any identification that We provide You.
● not to upload or transmit viruses or other harmful, disruptive or destructive files; and
● that you are not based in Cuba, Iran, North Korea, Russia, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law BLOOM BRANDS, LLC and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Bloom Brands’ liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
HEALTH AND SAFETY INFORMATION
Our Site, Products, and Services are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease or illness. These Products and any statements made regarding these Products have not been evaluated or approved by the U.S. Food and Drug Administration (“FDA”) for any indication, including safety and efficacy. By accessing the Site, you acknowledge the information provided on the Site, within any of Company’s social media pages or channels, and all of the documentation and literature included with any Product identified on the Site, is provided for informational and educational purposes only. In no way is any of the information contained in these Terms of Service or elsewhere on the Site intended to be a medical or prescriptive guide or a substitute for informed medical advice or care, nor is it intended to cover all possible uses, directions, precautions, or adverse effects. You should never delay seeking or disregard advice from a medical professional based on something you have read on the Site.
Please consult a licensed healthcare professional about potential interactions or other possible complications before using any product. If you are pregnant, nursing, currently taking medications, diagnosed with a heart condition, allergies, or other medical condition, seek the advice and assistance of a licensed healthcare professional before purchasing and using our Products. If you believe or suspect that you have a medical problem, promptly contact your health care provider. Company shall not be held liable for medical or other claims made by third parties or customer testimonials relating to the safety, use, or efficacy of our Products.
Further, the Site is provided on an “AS IS,” “as available” basis. We do not warrant that your use of the Site will be uninterrupted or error-free. We do not warrant the accuracy, integrity, or completeness of the Content provided on the Site, or the products or services offered for sale on the Site. We make no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. We specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such state liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE WEBSITE, ANY CONTENT AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLOOM BRANDS, LLCEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, ACCURACY, CORRECTNESS AND NON-INFRINGEMENT. WITHOUT LIMITATION, BLOOM BRANDS, LLCMAKES NO WARRANTY THAT THE WEB SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS. UNDER NO CIRCUMSTANCES WILL BLOOM BRANDS, LLCBE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE BLOOM BRANDS, LLCWEB SITE, OR TRANSMITTED TO OR BY ANY USERS. ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE WEB SITE OR ANY PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE. ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLOOM BRANDS, LLCSHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLOOM BRANDS, LLCHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE, ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE ON OR PURCHASED VIA THE WEB SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE CONTENT, PRODUCTS AND SERVICES RESULTING FROM ANY CONTENT, PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEB SITE, ANY CONTENT OR PRODUCTS OR SERVICES. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE WEB SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLOOM BRANDS, LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE, PURCHASING ANY CONTENT OR PURCHASING BLOOM BRANDS, LLC'S PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY BLOOM BRANDS, LLCFOR PROVIDING THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Disclaimer as to ownership of trademarks, images of personalities and third-party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this website, its corresponding applications, and technology platform are in no way associated, linked or affiliated with www.itsbido.com its corresponding applications, and technology platform and you should not rely on the existence of such a connection or affiliation in any way. Any trademarks/names featured on this website, its corresponding applications, and technology platform are owned by the respective trademark owners, unless otherwise stated. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services, is in no way an assertion that such products or services are endorsed by or connected to www.itsbido.com its corresponding applications, and technology platform.
Force Majeure clause:
Bloom Brands shall not be deemed to be in default or otherwise liable hereunder due to its inability to perform its obligations by reason of any fire, earthquake, flood, epidemic, pandemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, act of God, terrorist act, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default hereunder), or any failure or delay of any transportation, power, or communications system or any other similar cause that is beyond Bloom Brands’ control.
Indemnity
You shall indemnify, defend and forever hold Bloom Brands, LLC and its affiliates, and all of their respective present and former directors, officers, Owners, shareholders, employees, representatives, and agents, and all of their successors, heirs and assigns (the "Indemnified Parties") harmless from and against any and all damages from third-party claims, allegations, complaints, petitions, petitions, demands, suits, actions, proceedings, and causes of action of every kind imposed on, incurred by, or asserted against the Indemnified Parties, arising from, in connection with, or occurring as a result of:
(a) any injury to persons (including death) or property as it relates to the Chartering Services;
(b) User's negligence, recklessness or willful misconduct in providing the Chartering Services; and
(c) any and all other claims arising from or in connection with this Agreement or the Chartering Services generally.
Variation
BLOOM BRANDS LLC shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website, its corresponding applications, and technology platform.
Invalidity
The invalidity or unenforceability of any terms or conditions hereof will in no way affect the validity or enforceability of any other term or provision. If any part of this Agreement is determined to be invalid, illegal, unenforceable, or contrary to law or professional ethics, that part will be reformed, if possible, to conform to law and ethics and all other parts of the Agreement will remain fully effective.
Complaints
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Disputes
THE PARTIES MUTUALLY AGREE TO WAIVE ITS RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION. These Terms and Conditions shall be governed, both as to interpretation and enforcement, by the laws of the State of Florida without regard to any principles of conflicts of law. Any dispute relating in any way to your visit to www.itsbido.com or related to services you purchase through www.itsbido.com its corresponding applications, and technology platform shall be submitted to confidential arbitration in the State of Florida, United States, except that, to the extent you have in any manner violated or threatened to violate Bloom Brands LLC’s intellectual property rights, Bloom Brands LLC may seek injunctive or other appropriate relief in any state or federal court in the United States, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You acknowledge and agree that if any legal action or arbitration is brought concerning the enforcement of this Agreement or the Services, the prevailing party shall pay all costs and expenses, including reasonable attorneys' fees and costs, incurred by the prevailing party in connection with any such action or proceeding or enforcement of this agreement or the Services, or with any appeal from such action or proceeding.
Waiver
A waiver of any breach, default or condition under this Agreement will not constitute a waiver, or continuing waiver, of such, or any other subsequent, breach, default or condition. No course of dealing or failure or delay by either party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial excuse by either party of any right, power or privilege preclude any further exercise thereof or any other right, power or privilege. All remedies, rights, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them, nor the exercise or failure to exercise any of them, shall be in limitation of any other remedy, right, undertaking, obligation or agreement of either party, whether pursuant to this Agreement, statutory or available at common law.
Entire Agreement
This agreement constitutes the entire and sole and exclusive statement of the agreement between the parties with respect to the subject matter hereof. All previous discussions and agreements, oral or written, regarding this subject matter are superseded and replaced by this agreement. No waivers, changes, amendments or alterations will be effective unless in writing and signed by the parties.
Notices
Notices hereunder shall be given in writing by personal delivery, certified or registered or overnight or other courier or delivery service, addressed to the appropriate party at its address within this Section. All such notices shall be deemed to have been given and received (a) upon receipt if personally delivered or sent by certified or registered mail, and (b) when delivery is confirmed if sent by overnight or other courier or delivery service.
BLOOM BRANDS LLC
DBA Bido Brands
1101 Brickell Ave,
South Tower, Suite 800
Miami, Fl 33131
Email: hello@itsbido.com
Attn: Legal Notices
With a copy to (which shall not constitute notice):
Simply Legal
20200 W. Dixie Highway Ste G17
Aventura, Fl 33180
Attn: Legal Notices
