THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.  PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

TERMS AND CONDITIONS FOR ONLINE
SALES OF GOODS AND SERVICES

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT, AGREE TO BE, AND ARE BOUND BY THESE TERMS AND CONDITIONS. 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) OF LEGAL AGE TO FORM A BINDING CONTRACT WITH BLOOMBRIDGE UNDER YOUR STATE’S LAWS, OR (C) ARE PROHIBITED BY APPLICABLE LAW FROM ACCESSING OR USING THIS WEBSITE, ANY OF ITS CONTENTS, OR ANY GOODS OR SERVICES SOLD THROUGH THIS WEBSITE. 

1. Applicability of Terms and Conditions.   These Terms and Conditions for Online Sales of Goods and Services (the “Terms“) are a contract between BloomBridge, LLC (referred to as “Company,” “us,” “we,” or “our“) and apply to the purchase and sale of products and services through the bloom-bridge.com website (the “Site“). These Terms are subject to change at any time in our sole discretion without prior notice to you. 

The latest version of these Terms will be posted on the Site.  You should review the posted version of these Terms before purchasing any product or services that are available through this Site.  These Terms are an integral part of the Site’s Terms of Use (https://bloom-bridge.com/terms-of-use/) that apply generally to the use of our Site.

You should also carefully review our Privacy Policy (https://bloom-bridge.com/privacy-policy/) before placing an order for products or services through this Site. Our Privacy Policy governs our collection, use, and disclosure of any personal information you may disclose to us in connection with your use of our Site and any purchase of products or services through this Site.

• Order Acceptance and Cancellation.  

1. 1. 1. Order Acceptance.  You agree that any order you place through the Site for floral arrangements and gravesite delivery services is an offer to buy such products and services listed in your order under the posted version of these Terms in effect at the time your order is placed.  All orders must be accepted by us before we are obligated to sell the specified arrangement(s) or provide gravesite delivery services to you. We may choose in our sole discretion not to accept any order.  After receiving your order, we will send you a confirmation e-mail with your order number and details of the arrangement(s) and gravesite delivery service(s) (each such floral arrangement purchase and associated gravesite delivery hereinafter a “Delivery“) you purchased, including any subscription therefor.  Acceptance of your order and the formation of a contract of sale between Company and you will not take place unless and until you have received the email confirming your order, whether you order is for a single purchase or a subscription. 
      2. Your Responsibilities.  When purchasing Deliveries from Company, including subscriptions therefor, through the Site, you agree that: (i) you are responsible for reading the full descriptions of the floral arrangements available for purchase, the scope and timing of gravesite delivery services, and other terms and information relevant to your purchase, including all disclaimers or limitations, before making a commitment to purchase; (ii) you are responsible for identifying the specific gravesite to which the Delivery or Deliveries will be made (only one gravesite may be specified per subscription), and Company will not be responsible, and no refunds will be given, for Deliveries made to the wrong gravesite because of a misidentification on your part; (iii) you intend to enter into a legally-binding contract to purchase the Delivery, or subscription for multiple Deliveries, when you submit the online order form and complete the check-out payment process; and (iv) if purchasing a subscription, any discount reflected in subscription pricing as compared to the same number of Deliveries purchased at the single Delivery purchase price will be applied at the time of the final Delivery only, and any cancellation of the subscription prior to the final Delivery thereunder will result in the forfeiture of any applicable subscription discount. 
      3. Cancellations.

• Of Orders.  You may cancel your single-purchase order or any subscription at any time before we send the order confirmation email by emailing us at orders@bloom-bridge.com, calling our customer service department at 1-833-BLOOM88 (1-833-256-6688), or using any other cancellation procedure we may provide on the Site or in any associated mobile application, subject to the policy on refunds described below. 

1. 1. 1. Of Deliveries.  Individual deliveries (whether a single purchase order or as part of a subscription) may not be canceled at any time after your floral arrangement has been processed for shipment to our delivery personnel, which processing occurs ten (10) business days prior to your selected date of delivery.  Deliveries that are part of a subscription cannot be canceled without canceling the subscription.
      2. Of Subscriptions. If you purchase a subscription, once you complete the check-out payment process, you may cancel the subscription (including any renewal thereof) at any time, provided, however, that you will be responsible for payment for all Deliveries made under the subscription prior to the date of cancellation, each of which will be charged to you at the single Delivery purchase price in effect at the time the subscription was purchased.  If a subscription is canceled ten (10) or fewer business days prior to a scheduled Delivery under the subscription, you will be charged for (and will receive) that Delivery in addition to all prior Deliveries fulfilled under the subscription. Notwithstanding the foregoing, subscriptions canceled at any time after the final scheduled Delivery has been received will be treated in all cases as non-renewals, and your subscription discount will not be affected.  
   2. Subscription Renewals.  Annual subscriptions will automatically renew following expiration of the then current subscription. If you wish not to renew an annual subscription, you must opt out of automatic renewals in your account settings or inform us by phone at 1-833-BLOOM88 (1-833-256-6688) or in writing to support@bloom-bridge.com prior to the end of your current subscription.  The subscription cancellation policies outlined above, and our refund policies below, will apply independently to each subscription renewal as though the renewal is a new subscription order.
2. Receipt of Delivery; Returns and Refund Policy.  
   1. Receipt of Delivery.  Each Delivery will be evidenced by a digital photograph transmitted to you showing the arrangement you purchased having been placed on the gravesite you specified.  For purposes of these Terms, “receipt” of a Delivery by you occurs at the time the photo evidencing the Delivery is transmitted to the email address or text number you provided to the Company for such purpose. Photographs will be provided to you in digital format only for the sole purpose of evidencing your receipt of each Delivery, and such photographs will be sufficient only for that purpose.  No representation or warranty of any kind is made with respect to the quality of such digital photographs except as expressly provided in the preceding sentence. You are granted hereunder a non-exclusive, fully paid up, non-transferable, limited license that permits you to use, copy, transmit, or publish your digital Delivery photographs for your personal, non-commercial use only. The Company shall retain in our sole name all rights, title, and interests in and to such Delivery photographs other than those granted to you under the limited license herein.

If we need to reschedule any Delivery purchased by you, whether relating to a single order purchase or as part of a subscription, which we may do for any reason or no reason in our sole discretion, we will give you as much advance notice as possible under the circumstances.  

• Returns.  FLORAL ARRANGEMENTS ARE NOT RETURNABLE AT ANY TIME AFTER RECEIPT.

1. Refunds.  Subject to Section 2.c., you will be entitled to a full or partial refund of amounts paid to us as follows:
   1. upon cancellation of a single Delivery purchase more than ten (10) business days prior to your scheduled Delivery date, a full refund will be given;
   2. upon cancellation of a subscription more than ten (10) business days prior to your first scheduled Delivery date, a full refund will be given; or
   3. upon cancellation of a subscription at any time after you have received one or more Deliveries but more than ten (10) business days prior to your next scheduled Delivery, you will receive a partial refund calculated by subtracting for each Delivery you received the single Delivery purchase price offered by us to our customers at the time you purchased your subscription. WHEN PURCHASING A SUBSCRIPTION FOR MORE THAN ONE DELIVERY, ANY DISCOUNT REFLECTED IN THE SUBSCRIPTION PRICING (AS COMPARED TO APPLICATION OF THE SINGLE DELIVERY PURCHASE PRICE TO EACH DELIVERY IN THE SUBSCRIPTION) WILL BE APPLIED ONLY TO THE FINAL DELIVERY UNDER THE SUBSCRIPTION. ANY TERMINATION OF A SUBSCRIPTION PRIOR TO THE LAST SCHEDULED DELIVERY WILL CAUSE YOU TO FORFEIT THE SUBSCRIPTION DISCOUNT AND TO PAY THE SINGLE DELIVERY PURCHASE PRICE FOR EACH DELIVERY YOU RECEIVED PRIOR TO THE TERMINATION.  You will not be entitled to any refund, nor will your subscription discount be affected, for any subscription canceled after you receive the last scheduled Delivery thereunder.
   4.   If we must cancel any Delivery purchased by you, whether as part of a subscription or otherwise, which cancellation we may do for any reason or no reason in our sole discretion, you will be entitled to a full refund of the amount charged for the canceled Delivery.  If the cancellation is of a Delivery under a subscription, the subscription will continue unless otherwise canceled by you, and you will still be entitled to receive the subscription discount on the final Delivery under the subscription.  If our cancellation is of the final Delivery under your subscription, we will refund to you the amount you would have paid for the final Delivery after application of the subscription discount.  

ONCE A DELIVERY HAS BEEN RECEIVED, NO REFUNDS FOR THAT DELIVERY WILL BE GIVEN, whether the Delivery was a single-purchase order or part of a subscription.    

Refunds are typically processed within five (5) to seven (7) business days of any cancellation. While most refunds will be made by issuing a credit to the credit card you used to pay for your purchase, subscription, or renewal, we reserve the right to make refunds in whatever manner and using whatever method we find expedient, in our sole discretion.

1. Prices and Payment Terms.  
   1. Prices.  All prices posted on this Site are subject to change without notice.  The price charged for a product, service, or subscription will be the price in effect at the time the order is placed and will be reflected in your order confirmation email.  We reserve the right to change our prices at any time for any or all products, services, and subscriptions displayed on the Site and to correct pricing errors that may inadvertently occur, including pricing errors reflected in confirmed orders.  Price increases will apply only to orders placed after the increases take effect, provided that price increases for subscriptions will apply only after the then current subscription expires or is canceled.  All orders, including subscriptions, will be subject to applicable taxes.  Taxes are not reflected in the prices posted on the Site and will be added separately to your order total.  All taxes will be itemized in your shopping cart and in your order confirmation email. If there are pricing, typographical or other errors in any offer made by us, we reserve the right to cancel any subscriptions, registrations or orders arising from those errors.
   2. Payment. Terms of payment are within our sole discretion. Payment in full must be received by us before we will accept any order, whether of a single-purchase, a subscription, or otherwise.   We accept all major credit cards and PayPal for all purchases.  You represent and warrant that (i) any credit card or payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card or PayPal to make the purchase, (iii) charges incurred by you will be honored by your credit card company or PayPal, and (iv) you will pay charges incurred by you on or through this Site at the posted prices for the purchases you make, including all applicable taxes, if any. 
2. Delivery; Title and Risk of Loss.
   1. We will arrange for shipment to our delivery personnel of all floral arrangements ordered by you through this Site and accepted by us at no additional cost to you.  Once floral arrangements are received by our delivery personnel, such arrangements will be delivered to the gravesite you specify as part of the single-purchase price or any subscription price.  Photographs evidencing delivery of your floral arrangement(s) to the gravesite(s) you specify will be delivered in digital format only.
   2. Title and risk of loss for each floral arrangement pass to you upon our delivery of the floral arrangement to the gravesite specified in your order as accepted by us.  We will endeavor to meet the delivery date(s) you schedule, but delivery dates are estimates only and cannot be guaranteed.  Deliveries may be made before or after your scheduled delivery date(s). We are not liable for any delays in shipment of floral arrangements to our delivery personnel nor delays in delivery of floral arrangements to gravesites after delivery personnel have received floral arrangements.
3. LIMITED WARRANTY.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

THIS LIMITED WARRANTY CAN ALSO BE FOUND AT WWW.BLOOM-BRIDGE.COM/WARRANTY AND IN THE DOCUMENTATION WE PROVIDE WITH EACH ORDER ACCEPTED BY US.

WE WARRANT THAT, UPON DELIVERY, THE FLORAL ARRANGEMENT(S) YOU PURCHASE FROM THE SITE WILL NOT MATERIALLY DIFFER IN MATERIALS OR WORKMANSHIP FROM THE PHOTO REPRESENTATION OF THE SELECTED ARRANGEMENT(S) POSTED ON THE SITE AT THE TIME OF YOUR ORDER.  FADING OF MATERIALS AND ANY DAMAGE CAUSED BY WEATHER EVENTS (SUCH AS RAIN, SLEET, SNOW, HAIL, WIND, ETC.) AFTER DELIVERY ARE NOT CONSIDERED DEFECTS IN MATERIALS OR WORKMANSHIP.  

WE FURTHER WARRANT THAT GRAVESITE DELIVERY SERVICES PURCHASED THROUGH THE SITE WILL BE PERFORMED AT THE GRAVESITE YOU SPECIFY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED BY THESE TERMS TO THE DURATION OF THIS LIMITED WARRANTY, AND YOU AGREE THAT YOUR ACCEPTANCE OF THESE TERMS CONSTITUTES YOUR EXPRESS ACKNOWLEDGMENT AND AGREEMENT TO THIS LIMITATION OF IMPLIED WARRANTIES; PROVIDED, HOWEVER, THAT SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THIS LIMITATION MAY NOT APPLY TO YOU NOTWITHSTANDING YOUR AGREEMENT TO THE LIMITATION.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND AS SET FORTH IN THIS SECTION 6. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE, OR REFUND AS SET FORTH IN THIS SECTION 6. NEITHER PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT, OR ADVICE PROVIDED BY US OR ANY OF OUR CONTRACTORS, AGENTS, OR EMPLOYEES, WILL CREATE A WARRANTY SEPARATE FROM THE LIMITED WARRANTY DESCRIBED IN THIS SECTION 6 OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY. 

1. Who May Use This Warranty? 

This limited warranty extends only to the original purchaser of products, services, or subscriptions from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service or subscription. 

1. What Does the Warranty Cover? 

This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and defects in performance of services purchased from the Site. 

1. What Does This Warranty Not Cover? 

This limited warranty does not cover any damages due to: 

1. normal wear and tear; 
2. modification of floral arrangements or other products or combination of the same with any other products, materials, services, etc.;
3. failure to perform delivery services on your specified delivery date(s), even if such acceleration or delay in delivery is discretionary on the part of our delivery personnel;
4. delivery to the wrong gravesite if the delivery is made to the gravesite specified in your order and accepted by us; or 
5. external causes of damage to floral arrangements or delay or defects in delivery services caused by accidents, theft, malicious mischief, closures, or other actions or events beyond our reasonable control. 

1. What is the Period of Coverage? 

This limited warranty for floral arrangements applies at the time the arrangement is delivered until such time as the Delivery photograph confirms that the condition of the delivered arrangement meets or exceeds the warranted condition.  The limited warranty for services applies separately to each instance of the services and applies at the time the delivery is made and confirmed by the Delivery photograph. If we replace a defective floral arrangement or re-perform a non-conforming delivery service, the limited warranties provided herein shall apply to the replacement arrangement or re-performed service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive. 

1. What are Your Remedies Under This Warranty? 

With respect to any floral arrangements found to be defective upon delivery, as evidenced by the Delivery photograph, you may choose either: (i) to have us replace the defective arrangement free of charge or (ii) refund the cost of the arrangement (calculated as the remainder after subtracting our delivery fee from the purchase price applicable to that Delivery). If you elect a replacement, we will also pay for shipping and delivery fees to return the replacement arrangement to your specified gravesite.  If a Delivery is made to a gravesite other than the one you specified, we will, at our sole cost and expense, make delivery of your floral arrangement (or a replacement thereof) to your specified gravesite.  ALL WARRANTIES HEREIN EXPIRE AT THE TIME A DELIVERY PHOTOGRAPH CONFIRMS THE CONDITION OF THE “AS DELIVERED” FLORAL ARRANGEMENT IS AS WARRANTED AND THAT THE ARRANGEMENT HAS BEEN DELIVERED TO THE GRAVESITE YOU SPECIFIED.

1. How Do You Obtain Warranty Service?  

To obtain warranty service, you must call 1-833-BLOOM88 (1-833-256-6688), email our Customer Service Department at support@bloom-bridge.com, or use the warranty service request function on the Site.

1. Limitation of Liability. 

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. UNDER NO CIRCUMSTANCES WILL OUR LIABILITY TO YOU EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY COSTS OF REPLACEMENT GOODS OR SERVICES OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

1. What Can You Do in Case of a Dispute with Us?

If you believe that we have not performed our obligations under this limited warranty or these Terms, you may contact us at support@bloom-bridge.com to inform us of the dispute and work with us to informally negotiate a resolution. If the informal dispute resolution negotiations between you and us are not concluded satisfactorily, the formal dispute resolution procedure detailed in Section 11 is available to you. 

1. Intellectual Property Use and Ownership. 

You acknowledge and agree that:

You will not resell, reverse engineer, copy, modify, create derivatives or improvements of, display, or transfer all or any part of the Site or the products or services provided on or through the Site.  

To the extent permitted under applicable law, Bloombridge, LLC, and its licensors are and will remain the sole and exclusive owners of all intellectual property and other rights in and to each product or service made available on this Site and any related specifications, instructions, documentation, or other materials, including all related copyrights, patent rights, trademarks, and other intellectual property rights.  You are not licensed under any such intellectual property rights to use, copy, modify, display, create derivatives or improvements of, or transfer any of the products or services you may purchase on or through the Site, except as provided under these Terms, the Terms of Use, or any doctrine of exhaustion of general applicability that may apply to the products or services.  You do not and will not have or acquire any ownership of the intellectual property rights in or to or relating to the products and services made available on or through this Site. You will not cause, induce, or permit others’ noncompliance with any terms and conditions pertaining to the products or services made available on or through the Site, including, without limitation, the terms and conditions set forth in these Terms.

1. Privacy.  We respect your privacy and are committed to protecting it.  Our Privacy Policy (https://bloom-bridge.com/privacy-policy/) governs our use and disclosure of all personal data collected from you in connection with your purchase of or subscription to products and services through the Site.
2. Force Majeure.  We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including 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, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, internet or other telecommunication interruption or breakdown, or power outage.
3. Governing Law and Jurisdiction.  These Terms and the rights and remedies provided hereunder, all matters arising out of or relating to these Terms, and any dispute, claims, allegations, lawsuits, losses, damages, penalties, judgments, fines, costs, fees, and the like arising therefrom or related thereto (in each case, including non-contractual disputes, claims, allegations, or lawsuits) are governed by and construed in accordance with the internal laws of the State of Mississippi, without giving effect to any choice or conflict of law provision or rule (whether of the State of Mississippi or any other jurisdiction) that would result in the application of the laws of any jurisdiction other than those of the State of Mississippi. 
4. Dispute Resolution and Binding Arbitration.
   1. YOU AND BLOOMBRIDGE, LLC, ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. 

ANY CLAIM, LOSS, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES, OR ANY SUBSCRIPTION THERETO, THROUGH THE SITE THAT HAS NOT BEEN RESOLVED BY NEGOTIATION BETWEEN US WITHIN 30 DAYS OF NOTICE OF THE DISPUTE FROM THE COMPLAINING PARTY TO THE NON-COMPLAINING PARTY, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION IN HINDS COUNTY, MISSISSIPPI.

1. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 11. The AAA rules are available at Consumer-Rules-Web.pdf (adr.org) or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this Section 11. 

The arbitrator(s) will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision, or any other term or condition set forth in these Terms, is void, voidable, or otherwise invalid.  The arbitrator(s) will be empowered to grant whatever relief would be available in a court of law or in equity.  Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you prevail, as determined by the arbitrator, on any claim that affords the prevailing party attorneys’ fees and costs, the arbitrator may award reasonable fees and costs to you under the standards for fee shifting provided by applicable law.

1. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BLOOMBRIDGE, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver, and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. 

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent.  Any purported assignment or delegation in violation of this Section 12 is null and void.  No assignment or delegation relieves you of any of your obligations under these Terms, even if we consent in advance to an assignment of your rights under these Terms.
2. No Waivers. The failure or delay by us to enforce any right or provision of these Terms will not constitute our waiver of future enforcement of that right or provision.  The waiver of any right or provision will be effective only if in writing and signed by a duly-authorized representative of Bloombridge, LLC.
3. No Third-Party Beneficiaries.  These Terms do not and are not intended to confer any rights or remedies upon any person other than you, the purchaser of products, services, or subscriptions from this Site.
4. Notices. 
   1. To You.  We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, or (ii) by posting to the Site.  Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting.  It is your responsibility to keep your email address current and to check your customer account or the Site for postings. 
   2. To Us.  To give us notice under these Terms, you must contact us as follows: (i) by email correspondence to support@bloom-bridge.com with the term “Notice” in the heading of the email; or (ii) by prepaid overnight (signature required), registered or certified mail, return receipt requested, to BloomBridge, LLC, P.O. Box 5291, Brandon, Mississippi 39047.  Notice provided by email will be effective upon our confirmation of receipt.  Notices provided by overnight, registered, or certified mail will be effective upon receipt at the time of signature or issuance of the return receipt.  We may update the methods for giving notice or the Company’s contact information for notices to us by posting a notice on the Site.
5. Severability. If any provision of these Terms is held to be invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
6. Interpretation.  For purposes of these Terms, (i) the words “include”, “includes”, and “including” shall be deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive; and (iii) the words “herein,” “hereof”, “hereby”, “hereto”, and “hereunder” refer to these Terms as a whole.  Unless the context otherwise requires, references herein: (a) to articles, sections, exhibits, schedules, or attachments refer to the articles, sections, exhibits, schedules, or attachments to or attached to these Terms; (b) to an agreement, instrument, or other document means such agreement, instrument, or other document, as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (c) to a law means such law as amended from time to time and includes any successor legislations thereto and any regulations promulgated thereunder.  These Terms shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting the document or causing any document, agreement, or instrument to be drafted.  Any exhibits, schedules, or attachments referred to herein shall be construed with, and as an integral part of, these Terms of Use to the same extent as if they were set forth verbatim herein.
7. Entire Agreement.  These Terms, together with any terms and conditions set forth in any order confirmation or the Site’s Terms of Use (https://bloom-bridge.com/terms-of-use/), Privacy Policy (https://bloom-bridge.com/privacy-policy/), or other posted document relating to the use of the Site or the purchase of goods or services therefrom, will be deemed the final and integrated agreement between you and use on the matters contained in these Terms.
8. Effective Date.  These Terms are effective for all purposes from and after April 1st, 2021.