The following Terms and Conditions are entered into by and between You (“Client” or
“You”) and You Bloome, LLC (“Company”, “we”, or “us”).
Program
The Company agrees to provide you with access to the Program, You Bloome
(“Program”). As a condition of participating in the Program, you agree to be bound by
and to abide by all policies and procedures set out in this Agreement, including those
incorporated by reference.
Terms of Use, Privacy Policy, & Disclaimer
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by
reference into this agreement. Except as modified by this Agreement, each of those
agreements and policies shall apply fully to your participation in the Program. In the
event of a conflict between any of those policies and this Agreement, this Agreement
shall govern.
Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture,
employment, or agency relationship. The Company is agreeing only to provide Client
with access to the Program, which provides education and information. The information
contained in the Program, including any interactions with the instructors, is not intended
as, and shall not be understood or construed as, professional advice.
Fees
In consideration of Your access to the Program, you agree to pay the following fees.
You may choose between monthly payments of:
Seeds Level $2.99
Blossom Level $24.99
Flourish Level $49.99
Or annual payment of:
Blossom Annual Level $249.90 (which results in savings of $49.98 per year), with the first payment due immediately. If you opt for monthly payments, you shall be automatically charged every month thereafter until you cancel your subscription to the Program according to the Program’s Cancellation Policy set forth below. If you opt for annual payments, you shall be automatically charged every year thereafter until you cancel your subscription to the Program according to the Program’s Cancellation Policy set forth below.
From time to time, the Program will go on sale. These terms apply to all future sale
prices.
Payment Plan Authorization
You hereby authorize the Company to charge your credit card or debit card automatically
according to the terms set forth in the Fees section above.
Cancellation Policy
The Program is offered on an ongoing basis with a monthly or yearly subscription. You
may cancel subscriptions at any time by emailing info@youbloome.com .
Your subscription shall continue until the end of the existing subscription period and shall
terminate at the completion of that period. You shall not be charged after a cancellation.
No Refunds
All sales are final, and the Company does not offer any money-back guarantees. You
recognize and agree that you shall not be entitled to a refund for any purchase under any
circumstances.
The Program
As part of the Program, the Company shall provide the following to Client.
Access To Program Area – Blossom and Flourish members will have access to the private
program area. The Company shall maintain a Program Area that may include lessons,
forms, worksheets, checklists, and other information. You shall have access to this Program Area as long as you are a member.
Video Sessions – As a Blossom and Flourish member of the Program, you will have
access to weekly short form motivational videos. Flourish members will also receive
access to monthly live webinars. The Company shall provide you with details about how
to participate in these live sessions.
Weekly SMS – All levels will receive two (2) weekly motivational SMS messages
Bonuses – From time to time, the Company will offer bonuses to individuals who sign up
for the Program. You shall be entitled to any bonuses offered to you at the time of
registration.
Ownership Of All Intellectual Property
All content included as part of the Program, such as text, graphics, logos, images, as well
as the compilation thereof, and any software used in the Program, is the property of the
Company or its suppliers and protected by copyright and other laws that protect
intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names,
logos, product and service names, designs, and slogans are trademarks of the Company or
its affiliates or licensors. You must not use such marks without the prior written
permission of the Company. All other names, logos, product and service names, designs
and slogans in the Program are the trademarks of their respective owners.
Your participation in the Program does not result in a transfer of any intellectual property
to You, and, as a condition of participation in the Program, You agree to observe and
abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access
and use the Program content and resources. You hereby agree that You will not modify,
publish, transmit, reverse engineer, participate in the transfer or sale, create derivative
works, or in any way exploit any of the content, in whole or in part, found in the Program.
The Company content is not for resale. Your participation in the Program does not entitle
you to make any unauthorized use of any protected content, and in particular you will not
delete or alter any proprietary rights or attribution notices in any content. You will use
protected content solely for your individual use, and will make no other use of the content
without the express written permission of the Company and the copyright owner. You
agree that you do not acquire any ownership rights in any protected content. We do not
grant you any licenses, express or implied, to the intellectual property of the Company or
our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall
result in an immediate termination of the license granted hereunder. To be clear, if you
violate the Company’s intellectual property rights, your access to the Program will be
terminated immediately, and you shall not be entitled to a refund of any portion of the
fees.
Confidentiality
The Company respects the privacy of its clients and will not disclose any information
You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to
respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Program participants
outside of the bounds of the Program unless you receive express written permission from
such other participant’s to share the information. Similarly, the content of the Program
contains the Company’s proprietary methods, processes, forms, templates, and other
information. You hereby agree not to share the information provided to You in the
Program with anyone other than the Company, it’s owners and employees, and other
Program participants.
Personal Responsibility
By participating in the Program, you accept personal responsibility for the results of your
actions. You agree that the Company has not made any guarantees about the results of
taking any action, whether recommended in the Program or not. The Company provides
educational and informational resources that are intended to help participants in the
Program succeed. You nevertheless recognize that your ultimate success or failure will be
the result of your own efforts, your particular situation, and innumerable other
circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the
results obtained by others - whether clients of the Company or otherwise - applying the
principles included in the Program are no guarantee that you or any other person or entity
will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the
use, or non-use, of the information available in the Program. You agree to use judgment
and conduct due diligence before taking any actions or implementing any plans or policy
suggested or recommended in the Program.
Materials Provided By You During The Program
The Company does not claim ownership of the information or materials You may provide
during the Program (including feedback and suggestions) or post, upload, input, or
submit to any Website or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting your Submission you
are granting the Company, our affiliated companies, and necessary sub-licensees
permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate, and reformat your Submission; and
to publish your name in connection with your Submission.
In other words, the Company has the right to include your Submissions – including any
audio or video recordings of You participating in any sessions as part of the Program – in
the Program and other marketing material going forward.
No compensation will be paid with respect to the use of your Submission, as provided
herein. The Company is under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission as
described in this section including, without limitation, all the rights necessary for you to
provide, post, upload, input, or submit the Submissions.
No Warranties
The Company makes no warranties regarding the performance or operation of the
Program, including any technological aspects of the program. The Company further
makes no representations or warranties of any kind, express or implied, as to the
information, contents, materials, documents, programs, products, books, or services
included in or through the Program. To the fullest extent permissible under the law, the
Company disclaims all warranties, express or implied, including implied warranties of
merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss
that you or any person or entity associated with you may suffer or incur as a result of use
of the Program and/or any information and resources contained in the Program. You
agree that the Company shall not be liable to you for any type of damages, including
direct, indirect, special, incidental, equitable, or consequential loss or damages for use of
the Program.
The information, software, products, and service included or available through the
Program may include inaccuracies or typographical errors. Changes are periodically
added to the information in the Program. The Company and/or its suppliers may make
improvements and/or changes in the Program at any time.
The Company and/or its suppliers make no representations about the suitability,
reliability, availability, timeliness, and accuracy of the information, software, products,
services, and related graphics contained in the Program for any purpose. To the maximum
extent permitted by applicable law, all such information, software, products, services, and
related graphics are provided “as is” without warranty or condition of any kind. The
Company and/or its suppliers hereby disclaim all warranties and conditions with regard to
this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and
non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company
and/or its suppliers be liable for any direct, indirect, punitive, incidental, special,
consequential damages or any damages whatsoever including, without limitation,
damages for loss of use, data, or profits arising out of or in any way connected with the
use or performance of the Program, with the delay or inability to use the Program or
related service, the provision of or failure to provide services, or for any information,
software, products, services, and related graphics obtained through the Program, or
otherwise arising out of the use of the Program, whether based on contract, tort,
negligence, strict liability, or otherwise, even if the Company or any of its suppliers has
been advised of the possibility of damages. Because some States or other jurisdictions do
not allow the exclusion or limitation of liability for consequential or incidental damages,
the above limitations may not apply to You. If you are dissatisfied with the Program or
any portion of it, your sole and exclusive remedy is to discontinue using the Program.
Arbitration
You hereby expressly waive any and all claims you may have, now or in the future,
arising out of or relating to the Program.
To the extent that you attempt to assert any such claim, you hereby expressly agree to
present such claim only through binding arbitration to occur in Los Angeles, California.
You further agree to and do hereby waive any right to class arbitration and agree, instead,
to conduct an arbitration related solely to any individual claims you and/or any entity
related to you asserts against the Company. To the fullest extent permissible by law, you
further agree that you shall be responsible for all costs associated with initiating the
arbitration and for the administration of the arbitration.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors,
employees, agents, and third parties for any losses, costs, liabilities, and expenses
(including reasonable attorneys’ fees) relating to or arising out of your use of or inability
to use the Program and related services, any user postings made by you, your violation of
any terms of this Agreement or your violation of any rights of a third party, or your
violation of any applicable laws, rules or regulations. The Company reserves the right, at
its own cost, to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the
Program and the related services or any portion thereof at any time, if You become
disruptive to the Company or other Program participants, if You fail to follow the
Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled
to a refund of any portion of the fees and shall not be excused from any remaining
payments under a payment plan in the event of such termination.
Entire Agreement
This Agreement, along with the Company’s Terms of Use, Privacy Policy, and
Disclaimer, constitutes the entire agreement between You and the Company with respect
to the Program, and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between You and the Company with
respect to the Program. A printed version of this Agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon
or relating to this agreement to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in printed
form.
Severability
If any term or provision of this Agreement is found by a court of competent jurisdiction
to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or
unenforceability shall not affect any other term or provision of this Agreement or
invalidate or render unenforceable such term or provision in any other jurisdiction.
Waiver
No waiver by any Party of any of the provisions of this Agreement shall be effective
unless explicitly set forth in writing and signed by the Party so waiving. Except as
otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any
right, remedy, power, or privilege arising from this Agreement shall operate or be
construed as a waiver thereof, nor shall any single or partial exercise of any right,
remedy, power, or privilege hereunder preclude any other or further exercise thereof or
the exercise of any other right, remedy, power, or privilege.
Force Majeure
The Company shall not be liable or responsible to You, nor be deemed to have defaulted
or breached this Agreement, for any failure or delay in fulfilling or performing any term
of this Agreement when and to the extent such failure or delay is caused by or results
from acts or circumstances beyond the reasonable control of the Company including,
without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions,
war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs,
strikes or other labor disputes (whether or not relating to either party's workforce), or
restraints or delays affecting carriers or inability or delay in obtaining supplies of
adequate or suitable materials, materials or telecommunication breakdown or power
outage.
Effective Date
This Agreement shall commence and be enforceable with respect to each Program
participant upon the date that the participant initially registers for the Program.
