Terms of Use

Last Revised: April 2, 2016

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE BLOOMWELL SITE AND SERVICE.

By using Bloomwell’s website (www.bloomwell.com) (“Website”) and automated on-line software and information (“Software”), you agree to follow and be bound by these terms of use (“Terms of Service”) and that you are at least eighteen (18) years of age. These Terms of Service are a contract between BW Documents, Inc., d/b/a Bloomwell (”Bloomwell”, “us or “we”) and you (“you” or “user”). We may modify these Terms of Service and our Privacy Policy from time to time, and any such changes will be posted on the Website. These Terms of Service will always indicate the date they were last materially revised. You are deemed to have accepted any such revisions when you use the Website and Software after those changes are posted.

Our Website and Software allow users to create their own legal documents. We also provide general information about the law on common issues. We do not provide any legal advice, which is the application of the law to your particular factual circumstances. Even if there is overlap between the general information we provide and your particular factual circumstances, we are not providing advice that is particular to you. We do not review the answers you provide during the on-line process, nor do we provide legal conclusions or apply the law to your particular circumstances. You may not use the Website or the Software as legal advice. In using the Website and Software you are representing yourself and seeking information to help you. Your use of the Website and Software does not create any attorney-client relationship between you and us. The Website and Software are not a substitute for legal advice from an attorney.

We have used, and will continue to use, a great deal of effort to make sure that our information is accurate, current and helpful. Since the law may change quickly, has varied application in different jurisdictions, and may be interpreted differently by distinct courts, Bloomwell cannot guarantee that all of the information on the Website or in the Software is fully current or correct. We have used, and will continue to use, a great deal of effort to make sure that our information is accurate, current and helpful, but you should consult with a licensed lawyer in your area if you want a professional opinion that our information, and your understanding of it, applies to your particular situation.

1. Privacy

We respect and protect your privacy and will only use your information as provided in our Privacy Policy. We are proud of how ourPrivacy Policy protects you and your information.

You are required to provide complete and accurate information in setting up your account and paying, and we will protect that information under the Privacy Policy. When you provide us with a username and password, you agree to keep your password confidential and not provide it to anyone else, and also to tell us if you suspect there is unauthorized access to your account or password. You are solely responsible for all uses of your password. We will not be liable for anyone else’s use of your password and you may be liable to us if we suffer losses due to such useof your password.

Please note that those under the age of 18 are not eligible to use the Website and Software, and we ask that they do not provide anypersonal information to us.

When you visit our Website or use our service, you may provide us with information. You hereby grant to us a royalty-free, unrestricted, worldwide, non-exclusive and fully sub-licensable license to use such information to provide you with the Website and Software and touse such information as provided in our Privacy Policy.

2. License of Use

Bloomwell grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable license to use our Website, Software and the forms included or generated by the Software (“Forms”) for your personal use; provided, however, that if you are an attorney or professional you may use the Website and Software to generate Forms for each client on an client-by-client basis (e.g., you create and pay for each Form for each individual client). By client, we mean an individual person or multiple persons covered by a single generated Form. You may not distribute or display (other than to relevant persons, such as clients, executors and trustees), post, republish, modify, create derivative works of, alter, enhance, create interfaces to, reverse engineer, sell or commercially use the Website, Software or information included therein (including without limitation the Forms), in whole or in part, in any manner. We reserve the right to terminate your account at our discretion, to refuse service to anyone, and to require that you delete or return information to us. You may terminate your account by emailing us at info@bloomwell.com and including your account user name, associated email address and invoice number for your purchase. Upon your termination of your account, we will delete your account information and documents, other than information needed if there is a dispute or pending legal matter.

Our Website and Software are for use in the United States of America. In using the Website and Software, you agree that you are physically located in the United States of America. We reserve the right to monitor Internet access locations and may block users from outside jurisdictions. In using the Website and Software, you agree to not make or republish any libelous, slanderous or other illegal statements concerning us or any other person.

The Bloomwell Website, Software and Form are solely for your personal use and for your immediate family (spouse / partner and your children).  Accordingly, if you are a subscriber and use an unusually large number of documents, you may reach a maximum cap on the number of documents.  Please remember that, as a subscriber, you can delete your old documents and also edit / update your current documents. Attorneys, we will be launching a portal, with an expanded number of documents allowed, for your use shortly.

3. Pricing and Products

Our prices, product features and product availability may change from time-to-time without notice to you and at our sole discretion. We retain the right to reject or cancel an order placed for a service or product that has an incorrect price. We also retain the right to reject or cancel an order that has been confirmed and that resulted in a credit card charge, provided that we issue a credit to your credit card that is the same as the amount of the charge. If you are not satisfied with your purchase, you may ask for a refund within thirty (30) days from your purchase by emailing us at info@bloomwell.com with your order number and reason for dissatisfaction.

4. Proprietary Software and Information

The Website, Software and information contained in such (including the Forms, logos, and designs) are owned by us, other than certain images or materials licensed to us, and are our proprietary information protected by copyright and other intellectual property laws. Further, the Software and template forms are our confidential information and must be held in confidence and only used pursuant to these Terms of Service. Bloomwell(tm), Get Good Things Done(tm) and the Bloomwell logo are the trademarks of BW Documents, Inc. No title or intellectual property rights are transferred to you and we retain sole and exclusive ownership to such. In accessing or using the Website and Software, you shall not infringe our or anyone else’s proprietary, intellectual or privacy rights.

5. Links to Other Sites

We may include links to other websites or media outside of our Website (“Other Media”). We do not endorse or accept responsibility or liability for Other Media, and you are solely responsible for your use of Other Media.

6. Governing Law; Forum for Disputes

Please read these terms carefully as they affect your rights. Almost all issues can be resolved informally by contacting Customer Service at info@bloomwell.com.

Bloomwell exists solely within the State of California. These Terms of Service are governed by the laws of the State of California, without regard to its conflict or choice of law provisions. Any dispute (including any dispute involving any of our officers, directors, employees or affiliates) arising under or relating to the Terms of Service, the Website, Software or information or content contained therein (“Dispute”) shall be solely and exclusively resolved through the small-claims court of the Superior Court of California within the County of San Francisco, California, except with respect to imminent harm that requires injunctive relief, in which case we may seek such an injunction in any court with jurisdiction a party. You irrevocably consent to the personal jurisdiction of such courts. You understand that we are able to provide the Website and Software at our prices due to your assent to this provision, and your agreement to such is indispensable consideration for your use of the Website and Software.

You acknowledge and agree that with respect to any Dispute: - YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY; AND - YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A PLAINTIFF OR MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

7. Disclaimer of Representations and Warranties

THE WEBSITE, SOFTWARE, AND ALL OTHER SERVICES AND CONTENT CONTAINED THEREIN (INCLUDING, WITHOUT LIMITATION, THE FORMS) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU OR TO ANY THIRD PARTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS TO THE WEBSITE, SOFTWARE, AND ALL OTHER SERVICES AND CONTENT CONTAINED THEREIN (INCLUDING, WITHOUT LIMITATION, THE FORMS). YOU EXPRESSLY AGREE THAT YOUR USE OF SUCH IS AT YOUR SOLE RISK. THE WEBSITE, SOFTWARE, AND ALL OTHER SERVICES AND CONTENT CONTAINED THEREIN (INCLUDING, WITHOUT LIMITATION, THE FORMS) SHOULD NOT BE RELIED UPON FOR MEDICAL, PERSONAL, TAX, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

WE MAKE NO REPRESENTATION OR WARRANTY TO YOU OR TO ANY THIRD PARTY THAT THE WEBSITE, SOFTWARE, AND ALL OTHER SERVICES AND CONTENT CONTAINED THEREIN (INCLUDING, WITHOUT LIMITATION, THE FORMS): (A) WILL MEET YOUR OR ANY THIRD PARTY’S SPECIFIC NEEDS OR REQUIREMENTS; (B) BE AVAILABLE IN AN ERROR-FREE, UNINTERRUPTED, OR TIMELY MANNER; OR (C) MEET YOUR OR ANY THIRD PARTY’S EXPECTATIONS.

USE OF THE WEBSITE, SOFTWARE, AND ALL OTHER SERVICES AND CONTENT CONTAINED THEREIN (INCLUDING, WITHOUT LIMITATION, THE FORMS) IS DONE AT YOUR SOLE DISCRETION AND AT YOUR SOLE RISK. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE TO YOUR COMPUTER OR DATA THAT RESULTS FROM DOWNLOADING MATERIALS, INFORMATION OR CONTENT.

8. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLOOMWELL SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS OR USE OF THE WEBSITE, SOFTWARE, OR ANY OTHER SERVICES AND CONTENT CONTAINED THEREIN (INCLUDING WITHOUT LIMITATION THE FORMS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.AS A FEW STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU; AND IN SUCH CASE, BLOOMWELL’S AGGREGATE LIABILITY TO YOU SHALL BE THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE MATERIALS OR SERVICES THAT GAVE RISE TO THE LIABILITY. ANY LEGAL ACTION AGAINST BLOOMWELL MUST BE BROUGHT WITHIN ONE YEAR AFTER THE CLAIM AROSE OR IT IS FOREVER BARRED.

9. Indemnity

You shall defend, indemnify and hold harmless Bloomwell and its officers, directors, shareholders, and employees from and against all claims, losses, and expenses, including but not limited to attorneys' fees, in whole or in part arising out of, related to, or attributable to (a) your breach of these Terms of Service or (b) your use of the Website and Software (including without limitation the Forms).

10. Copyright Infringement

Bloomwell has in place processes to address allegations of copyright infringement, as required under applicable law (please see U.S. Copyright Act 17 U.S.C. 512(c)(3) for more information). If you believe that your or another person's copyrights have been infringed via the Website or Software, you may notify Bloomwell’s Designated Agent stated below. All such notices must comply with the requirements of U.S. Copyright Act 17 U.S.C. 512(c)(3) and regulations promulgated thereunder, each as amended. Any notices that do not comply with these requirements will be returned unprocessed to the sender. Due to security concerns, please note that attachments cannot be accepted on notices sent via e-mail. If any notification of infringement is submitted electronically with an attachment, it will not be processed. No other notices or questions of any nature, including purchase or technical support questions, notices of infringement of third-party trademark or patent rights, press inquiries, or other inquiries, will be processed under this Designated Agent address. Designated Agent and Address of Agent:
Attn: Legal Department - Copyright Agent
BW Documents, Inc.
524 Union Street, Suite 304
San Francisco, CA 94133
Email: copyright@bloomwell.com

11. General

If any part of these Terms of Service is found or deemed to be unenforceable, unlawful or void by any arbitrator or court of competent jurisdiction, then these Terms of Service as a whole shall not be deemed unenforceable, unlawful or void, but rather only that part of these Terms of Service that is unenforceable, unlawful or void shall be stricken from this Agreement or narrowed as required to conform to applicable law.Our testimonials are from users and testers of our Site and reflect their opinions.

Users located in California are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs can be contacted via telephone at (800) 952-5210 or (916) 445-1254, or in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.

If we do not exercise or enforce any legal right or remedy available to us at law or in equity, this will not be taken to be a waiver of our rights and we retain all such rights and remedies; provided that only an express written waiver signed by an authorized representative of Bloomwell shall have the legal effect of a waiver.

These Terms of Service are binding on you and your successors in interest, representatives and assigns. There are no third-party beneficiaries of these Terms of Service.

This Agreement represents the complete and entire understanding and agreement between us, and supersedes all other previousagreements, whether oral or in writing.

If either you or we terminate your use of the Website and Software, these Terms of Service shall continue to apply and remain in effect

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