Terms of service
THE EFFECTIVE DATE OF THESE TERMS OF SERVICE/USE IS JAN, 2025
These Terms of Service (“Terms”) govern your access to and use of the websites, applications, and online services operated by Flawless Bloom, LLC (“Flawless Bloom”) that link to these Terms (collectively, the “Platform”). By accessing or using the Platform, you agree to comply with these Terms. If you do not agree, please refrain from using the Platform.
Additional Terms and Conditions
Certain features or services on the Platform may have additional terms that apply alongside these Terms. In case of a conflict, those additional terms will govern to the extent specified.
Arbitration Notice
Except for specific disputes outlined below, all disagreements between you and Flawless Bloom regarding these Terms or the use of the Platform will be resolved through binding arbitration on an individual basis. You waive your right to participate in a class action lawsuit or class-wide arbitration.
Table of Contents
- 1. No Medical Advice Disclaimer
- 2. Ownership of Platform Content
- 3. Your License to Use the Platform
- 4. Viral Distribution
- 5. Widgets
- 6. Reporting Copyright And Other Intellectual Property Violations
- 7. Information And Content You Submit
- 8. Unsolicited Ideas
- 9. User Interactions And Disputes
- 10. User Content Policy
- 11. Membership And Registration
- 12. Sweepstakes, Contests & Promotions
- 13. Third-party Links, Content and Applications
- 14. Social Features
- 15. Linking Policy
- 16. Mobile Features
- 17. Disclaimer of Warranties
- 18. Limitation of Liability; Waiver
- 19. Indemnification
- 20. Termination of Use
- 21. Geographic Restrictions
- 22. Disputes and Arbitration
- 23. Miscellaneous
- 24. Updates to These Terms
- 25. Contact Information
1. No Medical Advice Disclaimer
The information on Flawless Bloom’s Platform is provided solely for general informational purposes. It is not a substitute for medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider regarding your health concerns or before starting any supplements.
We do not guarantee the accuracy or completeness of the content and will not be liable for any decisions made based on this information. Any claims regarding supplements on the Platform have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent disease.
2. Ownership of Platform Content
All materials, including designs, logos, trademarks, text, images, and code (collectively “Platform Content”), are owned or licensed by Flawless Bloom. Unauthorized use, reproduction, or distribution of Platform Content is prohibited.
3. Your License to Use the Platform
Subject to your full compliance with these Terms and any Additional Terms, Flawless Bloom grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable license to access, view, and download (if expressly permitted by Flawless Bloom) the Platform Content. This license excludes access to source or object code, except as provided for standard web browser use.
When accessing or viewing the Platform Content, you must:
(a) Retain all copyright and proprietary notices intact.
(b) Refrain from modifying the Platform Content.
(c) Avoid copying, adapting, reverse-engineering, modifying, or attempting to uncover any source code associated with the Platform. You must not allow or assist others in doing so.
Additionally, you agree not to use any automated tools, including robots, scrapers, or other data extraction technologies, to frame, mask, extract, copy, or distribute the Platform Content. This prohibition applies except when such actions are a result of normal search engine or browser operations.
Unless explicitly stated in these Terms, you may not copy, reproduce, republish, modify, create derivative works from, upload, download, perform, display, post, transmit, distribute, or otherwise use the Platform Content without prior written permission from an authorized Flawless Bloom representative.
You agree to comply with all copyright notices, information, and restrictions associated with the Platform Content. Unauthorized use may violate applicable federal and state laws and could result in both civil and criminal penalties.
4. Viral Distribution
Flawless Bloom grants you a limited, revocable permission, subject to the restrictions outlined in these Terms, to share portions of the Platform Content with others through specific methods when such sharing is explicitly enabled by a feature on the Platform (“Viral Distribution”):
(a) sending Platform Content to friends or acquaintances free of charge;
(b) posting and displaying a copy of Platform Content on a personal website; or
(c) posting and displaying a copy of the Platform Content on a third-party website that permits user-submitted content, provided the posting adheres to the third-party site’s terms and policies and does not charge for access to the shared materials or associate them with products, services, or advertising.
If you engage in Viral Distribution, you agree not to make any performance-related claims about Flawless Bloom or its products. For example, you must not state that a Flawless Bloom product cures a specific condition or functions in a particular way. However, it is acceptable to share general opinions, such as, “I love Flawless Bloom supplements!” or “Flawless Bloom products work great for me!” You acknowledge that only Flawless Bloom is authorized to make claims, guarantees, or statements about its products. Additionally, you agree not to imply any affiliation with Flawless Bloom or suggest that the company endorses or approves your comments.
5. Widgets
The Platform may offer specific content that you can embed on your webpage, blog, third-party website, social media profile, or similar platforms by pasting the HTML or other code provided by Flawless Bloom (referred to as “Widget”). Widgets are part of the Platform Content and are subject to the limited, revocable license outlined in these Terms.
You agree not to place a Widget on any webpage or site that contains content deemed inappropriate, unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of privacy, or otherwise objectionable, as determined solely by Flawless Bloom. Additionally, Widgets must not be used on platforms promoting hate, violence, or discriminatory behavior of any kind.
As noted in the “Disclaimer of Warranties” section of these Terms, Flawless Bloom does not guarantee the performance or availability of Widgets. Flawless Bloom reserves the right to discontinue the services or features necessary for Widgets to function at any time, without notice or liability.
Your use of Widgets does not grant you or any third-party ownership of the intellectual property contained within the Widget or its associated content. Flawless Bloom retains the right to disable or revoke the use of Widgets on any webpage, at its sole discretion, and for any reason, including a breach of these Terms, without prior notice or liability.
You also agree not to alter or use Widgets to display any content other than what Flawless Bloom expressly provides or intends for the Widget. Any attempt to manipulate the Widget or its associated content for unauthorized purposes is strictly prohibited.
6. Reporting Copyright and Intellectual Property Violations
Flawless Bloom does not permit the use of its Platform in any manner that infringes upon the rights of third parties. If you believe that any content on the Platform violates your intellectual property rights, we encourage you to report it. Only the rightful owner of the intellectual property or an authorized representative may file such a report. If you have a good-faith belief that your copyright, trademark, or other intellectual property rights have been infringed, please follow the outlined process.
In compliance with the Digital Millennium Copyright Act of 1998 (DMCA), Flawless Bloom has designated an agent to receive notices of copyright infringement and follows the DMCA’s notice-and-takedown procedures. To file a notice, provide the following details to Flawless Bloom’s designated agent:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property that has allegedly been infringed.
- Identification of the copyrighted work or a representative list of works you claim to have been infringed.
- Identification of the material that is claimed to be infringing, along with information reasonably sufficient to allow us to locate the material on the Platform.
- Contact details sufficient to allow us to reach you, such as your address, phone number, and email address.
- A statement asserting your good-faith belief that the use of the material is unauthorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the intellectual property owner.
If you believe content on the Platform infringes rights other than copyrights, please provide at least the following:
- A physical or electronic signature of the individual authorized to act on behalf of the rights owner.
- Identification of the infringing material and enough detail to help us locate it.
- A clear explanation of the rights you own and why you believe they are being infringed.
- Accurate contact details for follow-up communication.
Submit Your Notice To:
Questions about the Terms of Service can be sent here
NOTE: This contact information is exclusively for reporting potential copyright or intellectual property violations.
Flawless Bloom enforces a policy to terminate accounts of users who are repeat infringers as determined in our sole discretion.
Determining whether intellectual property rights have been violated can be complex. Flawless Bloom may request additional information to validate your claim. If a dispute arises regarding ownership of the rights in question, we reserve the right to remove the disputed content from the Platform until the issue is resolved.
If your content is removed due to a third-party claim of infringement, we will notify you accordingly.
7. Information and Content You Submit
The Platform may allow you to participate and share content publicly through forums, interactive features, or other communication tools (collectively referred to as "Community Forums"). By using these features, you may submit or post images, videos, writings, questions, comments, suggestions, or other material (collectively, "User Content").
You agree that any User Content you provide will be treated as non-confidential and non-proprietary, and you will not receive it back. By submitting User Content, you confirm that either: (i) You own the rights to the User Content and have the authority to grant all the rights and licenses described in these Terms; or (ii) You have obtained all necessary permissions from the rightful owner(s) to comply with these Terms and grant Flawless Bloom the rights specified herein.
Upon request, you agree to provide Flawless Bloom with documentation or evidence to verify your compliance with these Terms.
You acknowledge that the Internet is not entirely secure, and any User Content or other information you submit may be subject to breaches of security. Please consider this before sharing information on the Platform.
Although you retain ownership of your User Content, you agree to grant Flawless Bloom, its affiliates, subsidiaries, successors, licensees, and assigns (collectively, “Flawless Bloom Parties”) a perpetual, worldwide, irrevocable, transferable, royalty-free license to use, host, copy, modify, translate, display, distribute, perform, store, and otherwise exploit your User Content in any form, through any media or technology now known or later developed, for any purpose. This license also includes the right to create derivative works and use your User Content in promotional materials or articles, without compensation to you.
Additionally, you agree that Flawless Bloom may use any ideas or concepts contained within your User Content for any purpose, including the development, manufacture, and marketing of products or services. Your User Content may be published in a searchable format accessible to Platform users and the broader Internet. Except as prohibited by law, you waive any moral rights you may hold in the User Content, even if it is modified or altered in ways you may not agree with.
Flawless Bloom is not obligated to monitor or enforce your intellectual property rights to your User Content but reserves the right to protect its rights or those of its licensees. Flawless Bloom may or may not review, display, or accept User Content and reserves the right to remove it at any time, for any reason.
8. Unsolicited Ideas
Flawless Bloom requests that you refrain from sending unsolicited ideas, including but not limited to ideas for products, services, or website features, through the Platform, email, or other channels. This policy is in place to prevent misunderstandings if Flawless Bloom develops similar ideas independently.
However, if you decide to submit unsolicited User Content, you agree to grant Flawless Bloom the same rights to that content as outlined in the section “Information and Content You Submit.”
By using the Platform and submitting User Content, you agree to the terms outlined above.
9. User Interactions And Disputes
You are solely responsible for your interactions with other users on Flawless Bloom’s Platform, whether those interactions occur online or offline. Flawless Bloom is not liable for the conduct of any user. While we reserve the right, we are not obligated to monitor or intervene in disputes between you and other users. Please exercise caution and good judgment when interacting with others, especially when sharing personal or sensitive information through the Platform.
10. User Content Policy
When you upload, contribute, or otherwise provide content (“User Content”) to Flawless Bloom’s Platform, you agree to adhere to the following guidelines:
- Content Ownership:All User Content must be your original work, owned by you, or in the public domain. If others contributed to or appear in your User Content, you must have their explicit permission to share and distribute it. Upon request, you agree to provide documentation or releases to confirm compliance with these Terms.
- Images of Real People:Any images or videos featuring individuals must be of you, your family, or friends with their explicit consent for sharing.
- No Third-Party Materials: Your User Content may not include third-party logos, trademarks, copyrighted materials, or content belonging to others unless you have obtained proper authorization.
- Music Restrictions: User Content may not include music unless it is entirely original and created by you. Content with copyrighted music, jingles, or samples is prohibited.
- Stay Relevant: Ensure your User Content is pertinent to the discussions or content on the Platform. Irrelevant or off-topic submissions may be removed.
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Social Decency Standards: Express yourself respectfully and avoid offensive language or behavior. The following are strictly prohibited:
- Personal attacks, harassment, or stalking.
- Content containing slurs or insults related to race, national origin, gender, sexual orientation, or disability.
- Obscene, pornographic, or otherwise inappropriate material. If there’s a chance your content may offend others, it likely does not belong on the Platform.
- No Commercial Activity:User Content cannot be used to advertise, promote, or solicit for products, services, or fundraising campaigns unless explicitly authorized by Flawless Bloom. Pyramid schemes and multi-tiered marketing content are not permitted.
- Illegal or Violent Content:User Content must not violate laws, promote illegal activities, or encourage violence. Content that describes or glorifies violent acts will be removed, and Flawless Bloom may report such content to law enforcement as necessary.
- Honesty and Authenticity: Represent yourself truthfully. Do not impersonate others, submit false or misleading content, or misrepresent your affiliation with Flawless Bloom or any other entity.
- Privacy Matters: Remember that anything shared on the Platform may be visible to the public. Never post private information, such as passwords, phone numbers, street addresses, credit card details, or other sensitive data belonging to yourself or others.
- Caution with Interactions: You are responsible for your engagements with other users. Flawless Bloom is not responsible for conflicts or outcomes resulting from such interactions. Use common sense and discretion when communicating or sharing information.
- Avoid Harmful Technologies: User Content must not include malicious code, such as viruses, spyware, or other technologies that could harm the Platform or other users’ devices.
11. Membership & Registration
Certain sections of the Flawless Bloom Platform may require you to register or provide specific information to participate. By providing information, you agree to ensure that it is truthful, accurate, current, and complete.
When you create an account with us, you accept responsibility for all activities that occur under your account or password. You also agree not to transfer, sell, or assign your membership or any associated rights. Flawless Bloom reserves the right to suspend or terminate your account at its discretion without prior notice or liability.
You must keep your password confidential and refrain from sharing it with others or allowing others to access your account. Similarly, you are prohibited from using another person’s password or account. If you suspect unauthorized access or usage of your account or password, you must notify us immediately. Flawless Bloom is not liable for any harm or loss resulting from your failure to maintain password confidentiality, allowing others to use your account, or delays in reporting unauthorized access.
You are solely responsible for obtaining and maintaining any equipment, such as phones or computers, required to access and use the Platform. You must also comply with all applicable laws, rules, and regulations governing the use of our Platform, including those related to the transmission or use of data and software.
By providing your contact information, you consent to receive communications from us using that information. You are not required to agree to receive text messages to purchase products or services. However, if you provide a mobile number, you consent to receive messages, including those sent via automated systems, from Flawless Bloom or its third-party service providers. Standard message and data rates may apply.
12. Sweepstakes, Contests & Promotions
Flawless Bloom may feature sweepstakes, contests, or other promotional offers on its Platform. Each of these may be governed by a separate set of official rules and include eligibility criteria, such as age or geographic restrictions. It is your responsibility to review the relevant rules to confirm whether your participation, registration, or entry is permitted and to understand any requirements imposed by the sponsor for the respective sweepstakes, contest, or promotion.
13. Third-Party Links, Content, and Applications
The Platform may include links to third-party websites, services, and features, including those offering products associated with Flawless Bloom. Additionally, third-party content may appear on the Platform, which Flawless Bloom neither controls nor endorses. You acknowledge and agree that Flawless Bloom is not responsible for the content, practices, or functionality of any third-party websites or features you access through our Platform.
Your interactions with third-party websites, including but not limited to payment processing, product delivery, or other transactions, are solely between you and the third party. Any terms, warranties, or representations associated with such dealings are the responsibility of the respective third party. Flawless Bloom assumes no liability for issues arising from your interactions with these third-party services.
14. Social Features
The Platform may offer integrations with third-party applications that enable interactions, such as linking your Platform profile with a third-party website, “liking” products, or sharing content on other websites. These applications may exchange data between the Platform and third-party services, potentially sharing your account information.
By using these features, you acknowledge and agree to the following:
- When you connect or share information through an application, you consent to the exchange of data between the Platform and the third-party service.
- The use of these applications may result in personally identifiable information being publicly disclosed or associated with your profile, even if Flawless Bloom has not provided this data directly.
- Your use of such applications is entirely at your own risk, and Flawless Bloom is not liable for any issues arising from the sharing of information through these services.
It is your responsibility to review all prompts, log-in boxes, and notifications before consenting to share your account details with any application. Use these features with caution and at your own discretion.
15. Linking Policy
Flawless Bloom grants you revocable permission to link to our Platform under the following conditions
(a) Your link must not frame or create a border environment around any content on the Platform or replicate any part of the Platform.
(b) Your link must not create a false impression of endorsement or sponsorship by Flawless Bloom or its products unless explicitly authorized in writing.
(c) Your link must not present misleading or harmful information about Flawless Bloom, its products, or services.
(d) You must not use Flawless Bloom trademarks without prior written permission.
(e) The linked content must not be offensive, distasteful, controversial, or objectionable as determined by Flawless Bloom.
(f) You must own or control the linking website or have explicit permission to place the link.
By linking to our Platform, you agree to comply with these requirements. Flawless Bloom reserves the right to revoke linking permissions for any reason, at its sole discretion.
16. Mobile Features
Our Platform may include services accessible via mobile devices, such as viewing content, uploading material, receiving messages, downloading applications, or accessing other features (collectively referred to as “Mobile Features”). Flawless Bloom may charge fees for these Mobile Features, which will be disclosed before you complete registration. Standard messaging, data rates, and other fees may also apply as per your carrier agreement. Some Mobile Features may not be available or compatible with certain devices or carriers. Please contact your carrier for details on restrictions or additional fees.
By using Mobile Features, you consent to receive communications related to Flawless Bloom products and services. If your mobile number changes, you agree to update your account information to reflect this change promptly.
17. Disclaimer of Warranties
The Platform and its content are provided on an “as-is,” “as-available,” and “with all faults” basis. Flawless Bloom disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that:
- Your use of the Platform will be uninterrupted, secure, or error-free.
- Defects will be corrected.
- The Platform or its servers are free from harmful components like viruses.
- The content provided is accurate, complete, or useful.
You acknowledge that using the Platform is at your sole risk and responsibility. You are responsible for maintaining the necessary hardware, internet connection, and any associated costs to access and use the Platform. Flawless Bloom assumes no liability for issues arising from your use of the Platform.
We are not liable for third-party content, advice, or user-submitted material displayed on the Platform. It is your responsibility to evaluate the accuracy and reliability of any content or advice presented. While we strive for accuracy, unauthorized alterations or errors may occur, and we make no guarantees regarding the integrity of the Platform.
By using the Platform, you understand and accept the risks and agree to comply with all applicable laws in your jurisdiction.
18. Limitation Of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL FLAWLESS BLOOM, ITS AFFILIATES, OR PARTNERS (“FLAWLESS BLOOM PARTIES”) BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES) ARISING OUT OF OR RELATED TO:
(A) THE PLATFORM (INCLUDING ALL CONTENT AND SERVICES PROVIDED);
(B) USER-GENERATED CONTENT;
(C) YOUR USE OF, OR INABILITY TO USE, THE PLATFORM;
(D) ANY ACTION TAKEN DURING AN INVESTIGATION BY FLAWLESS BLOOM OR LAW ENFORCEMENT INTO YOUR PLATFORM USAGE;
(E) ACTIONS INVOLVING COPYRIGHT OR INTELLECTUAL PROPERTY DISPUTES;
(F) ERRORS, OMISSIONS, OR INTERRUPTIONS IN THE PLATFORM’S TECHNICAL OPERATIONS;
(G) ANY DAMAGE TO YOUR DEVICES OR TECHNOLOGY, INCLUDING FROM SECURITY BREACHES, VIRUSES, BUGS, OR MALFUNCTIONS, EVEN IF FORESEEABLE OR FLAWLESS BLOOM WAS ADVISED OF SUCH POTENTIAL DAMAGES.
IN NO EVENT WILL THE FLAWLESS BLOOM PARTIES BE LIABLE FOR PERSONAL INJURY, INCLUDING DEATH, ARISING FROM YOUR USE OF THE PLATFORM. CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY ASPECT OF THE PLATFORM IS TO STOP USING IT. THE MAXIMUM LIABILITY OF THE FLAWLESS BLOOM PARTIES FOR ALL CLAIMS SHALL BE THE GREATER OF TEN DOLLARS ($10.00) OR THE TOTAL AMOUNT YOU HAVE PAID TO ACCESS THE PLATFORM.
YOU AGREE THAT DAMAGES ARISING FROM ANY ACTS OR OMISSIONS OF FLAWLESS BLOOM WILL NOT ENTITLE YOU TO INJUNCTIVE RELIEF OR PREVENT FLAWLESS BLOOM FROM OPERATING OR DEVELOPING ITS PLATFORM, SERVICES, OR CONTENT.
BY USING THE PLATFORM, YOU UNDERSTAND AND AGREE THAT YOU MAY BE WAIVING UNKNOWN OR UNSUSPECTED CLAIMS, AND YOU EXPRESSLY WAIVE ANY RIGHTS UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE OR SIMILAR LAWS IN OTHER JURISDICTIONS, WHICH STATE:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
19. Indemnification
You agree to defend, indemnify, and hold harmless Flawless Bloom, its affiliates, and their respective officers, employees, and partners (the “Flawless Bloom Parties”) from any claims, damages, or expenses (including attorney’s fees) arising from or related to:
(A) Your violation of these Terms or any additional terms;
(B) Your use of the Platform, including User Content you provide;
(C) Your breach of any applicable laws, rules, or regulations;
(D) Any claims alleging that content or information submitted by you infringes third-party rights, including intellectual property, privacy, or publicity rights;
(E) Misrepresentations made by you; or
(F) Flawless Bloom’s use of information as permitted under these Terms or other agreements.
You agree to cooperate fully with Flawless Bloom in the defense of any claims. Flawless Bloom reserves the right to assume exclusive control over the defense or settlement of any matter subject to indemnification, and you may not settle any claim without Flawless Bloom’s prior written consent.
20. Termination Of Use
Flawless Bloom reserves the right, at its sole discretion, to suspend, terminate, or block your access to the Platform at any time, without prior notice or liability, if we believe you have violated these Terms or for any other reason we deem necessary.
We may investigate violations of these Terms and refer any such violations to law enforcement where necessary. All provisions of these Terms that should survive termination will remain in effect, including but not limited to limitations of liability, indemnification, and dispute resolution.
21. Location of Platform and Territorial Restrictions
Unless otherwise noted, the Flawless Bloom Platform is intended solely for use by residents of the United States, U.S. Virgin Islands, Puerto Rico, and Guam. Any promotions, discounts, or special offers are valid only within these regions.
The content and information provided on the Platform are not intended for distribution or use in jurisdictions or countries where such actions would conflict with applicable laws or regulations or require Flawless Bloom to register or comply with additional legal requirements. Flawless Bloom operates its Platform from offices within the United States and makes no representations or warranties regarding the appropriateness or accessibility of the Platform from other regions. If you choose to access the Platform from outside these territories, you do so at your own risk and are responsible for compliance with local laws.
Flawless Bloom reserves the right to restrict access to the Platform or portions thereof to specific users, geographic areas, or jurisdictions at any time, at its sole discretion. This includes limiting the availability of products, services, promotions, or features based on location or other criteria.
Additionally, any software made available through the Platform may be subject to U.S. export laws. No software may be downloaded, exported, or re-exported into any country subject to a U.S. embargo or anyone listed on the U.S. Treasury Department’s Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, you confirm that you are not located in or a resident of such restricted areas or on any restricted list.
22. Disputes and Arbitration
If you have a dispute with Flawless Bloom, you must first contact our Customer Support Team at [Insert Contact Information] within thirty (30) days of the incident giving rise to the dispute. This allows us an opportunity to address and resolve your concerns before further action.
Except for certain disputes related to intellectual property or where injunctive relief is sought (“Excluded Disputes”), all disputes between you and Flawless Bloom related to these Terms, your use of the Platform, or your purchase of Flawless Bloom products will be resolved through binding individual arbitration. By agreeing to these Terms, you waive your right to a trial by jury or participation in any class action lawsuit or class-wide arbitration.
The arbitration process will be conducted under the rules of the American Arbitration Association (AAA) in the English language. Unless otherwise agreed, arbitration will occur in [Insert Location]. If the AAA is unavailable to facilitate the arbitration, the Judicial Arbitration and Mediation Services (JAMS) may administer the proceedings. For claims under $10,000, you may choose desktop or telephone arbitration if available. For in-person arbitration, hearings will be held at your place of residence.
Flawless Bloom will cover arbitration costs (excluding attorney’s fees) for claims under $5,000 if the arbitration ruling is in your favor. For all other claims, you will bear half of the arbitration costs and are solely responsible for your legal fees. Arbitrators are not authorized to award punitive or exemplary damages.
These Terms and any related disputes are governed by the substantive laws of the state of [Insert State], excluding its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any Excluded Disputes will be resolved in the state or federal courts located in [Insert Location], and you consent to the personal jurisdiction of these courts for such purposes.
If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect. This arbitration agreement will survive the termination of your use of the Platform or transactions with Flawless Bloom.
Flawless Bloom reserves the right to amend these dispute resolution terms, but such changes will not apply to disputes arising before the effective date of the amendment.
23. Miscellaneous
The failure of Flawless Bloom to enforce or insist on strict adherence to any provision of these Terms, or to take action regarding a breach of these Terms by you or others, does not constitute a waiver of our rights. Such inaction does not limit our ability to enforce any provision or address any similar or subsequent breaches. Any waiver of a provision of these Terms will only be effective if it is provided in writing and signed by an authorized representative of Flawless Bloom. Furthermore, no waiver will be considered as a continuing waiver of that provision or any other provision. The relationship or conduct between the parties, as well as industry practices, shall not modify these Terms in any way.
Flawless Bloom may transfer or assign its rights and responsibilities under these Terms to another party at any time without notice. However, you may not transfer, assign, or sublicense your rights under these Terms without prior written approval from Flawless Bloom. Section titles and headings are included for convenience only and should not be used to interpret the meaning of these Terms. You also agree that these Terms will not be interpreted against Flawless Bloom simply because we drafted them.
24. Our Right to Update These Terms
Flawless Bloom reserves the right to revise or add to these Terms at any time without prior notification (“Updated Terms”). Updated Terms will be made accessible through a link on the home page of the Platform. By continuing to use the Platform after the Updated Terms are posted or by engaging in activities specified in the Updated Terms, you agree to be bound by them. It is your responsibility to review these Terms regularly. The Updated Terms will take effect from the date they are posted, or any later date specified within the Updated Terms.
25. Contact Information
If you have any questions, concerns, or feedback regarding these Terms, you can reach out to us here
Alternatively, visit our “Contact Us” section on the Platform for more options.