AMONG OTHER ACTIVITIES, BLOOM RX SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A LICENSED HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN NOR IS ANY PHYSICIAN-PATIENT RELATIONSHIP CREATED BETWEEN YOU AND BLOOM RX OR ANY EMPLOYEE, CONTRACTOR, OR OTHER REPRESENTATIVE OF BLOOM RX. BLOOM RX DOES NOT PROVIDE MEDICAL SERVICES. MEDICAL SERVICES ARE PROVIDED THROUGH A CONTRACTED NETWORK OF PHYSICIANS LICENSED IN THE STATE WHERE YOU RESIDE.
THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT ACCESS THE SERVICES FOR EMERGENCY OR CRISIS CARE. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH THE SERVICES. BLOOM RX IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OF ANY USER.
Introduction
Bloom Rx and its affiliates (collectively, “Bloom Rx,” “we”, “us”, or “our”) own and operate the website located at www.bloomrx.com (the “Website”). We refer to the Website and other services provided by Bloom Rx together herein as the “Services.” In these Terms of Service, the terms “you” and “yours” refer to the person using the Services.
These terms and conditions of use (“Terms of Service”) describe your rights and responsibilities with regard to the Services. Your access to and use of the Services is subject to these Terms of Service, our Privacy Policy, as well as all applicable laws and regulations. In using certain parts of the Services, you may be presented with additional or supplementary terms regarding the use of those specific Services, and you agree to review and be bound by such additional terms.
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES. YOU UNDERSTAND THAT BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SERVICES. THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.
Table of Contents
• Services Overview, Availability, and Eligibility
• Platform Services
• Registration and Account Creation
• Privacy
• Ownership and License to Use the Services
• User Content and Bloom Rx’s License to Use Such Content
• Copyright Notices
• Restrictions on Use
• Disclaimer of Warranties
• Limitation of Liability
• Indemnification
• Third-Party Links and Features on the Services
• Changes to the Terms of Service and the Services
• Payments
• Refund and Treatment Availability Policy
• Termination
• Communications by Text Message and Email
• Miscellaneous Terms
• Special Advertising Offers
• Contact Us
1. Services Overview, Availability, and Eligibility
Overview of the Services
The Services may include:
•Providing individuals with information on health care and wellness.
•Providing individuals with access to a physician provider network that includes physicians who are licensed in your state of residence.
Providing individuals with access to direct mail pharmacy services.
•Providing individuals with access to technology-oriented tools for addressing certain health issues.
•Development and gathering of health care records and health care information with retention of the same for use in healthcare provider appointments, communications, and pharmacy services, all of which are provided by third-party unaffiliated providers.
•Administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services.
•Telecommunications support for using the Services as a means of direct access to a health care provider for communication, consultations, assessments, and treatment by such health care organizations and their providers.
The Bloom Rx Services should not be considered medical treatment. You should always talk to an appropriately qualified health care professional for final diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. NONE OF THE CONTENT ON THE SERVICES REPRESENTS OR WARRANTS THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. Bloom Rx does not recommend or endorse any specific tests, providers, medications, products, or procedures.
Availability
Bloom Rx is based in the United States. We provide the Services for use only by persons located in the United States. We make no claims or representations that the Services or any material included in the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and you are solely responsible for compliance with local laws, including export laws as applicable.
Eligibility
Our Services are intended for use by you only if you are 18 years of age or over. To qualify to use the Services, the following must be true, and by accessing or using the Services, you represent and warrant that they are true:
• You are age 18 or over, or if you are accessing the Services in violation of the Eligibility requirement related to age, you otherwise have the express consent of your parent or legal guardian. Note, however, that some Services may only be available to individuals over the age of 21, and in such circumstances, you will be notified of this requirement.
• You are located in a state where we operate (depending on the type of Services).
• You agree to be legally bound by and comply with these Terms of Service.
• You understand and agree that satisfying the above requirements does not guarantee that you will receive Services. In addition to the above requirements, Bloom Rx and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.
To access or use the Services, you must have compatible devices, access to the Internet, and certain necessary software. Fees and charges may apply to your use of mobile services and to the Internet.
2. Platform Services
Telehealth Services
We provide a website through which you can obtain an online visit with an independent, licensed health care professional (a “Provider”) and mail order pharmacy services for any medications prescribed to you (collectively, the “Services”). The Services constitute a form of telehealth, which involves the delivery of health care services using electronic communications between a health care provider and a patient who are not in the same physical location. We believe that telehealth has the potential to provide a number of benefits, including convenient, discreet, and affordable care.
Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:
• Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider.
• Interactions between a patient and health care provider via audio, video, and/or data communications.
• Use of output data from medical devices, sound, and video files.
The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information, and will include measures to safeguard your data to ensure its integrity against intentional or unintentional corruption or unlawful access.
By accepting the Terms of Service, you agree and consent to Bloom Rx, the Provider, and any other health care organization(s) or provider(s) with whom we contract to provide the Services to you sending you disclosures, notices, messages, reports, and other communications either in writing or electronically including without limitation through your account or by email. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us, any Provider, or any other health care organization(s) or health care provider with whom we contract to offer the Services to you liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.
Moreover, you acknowledge and agree that no means of electronic transmission can be guaranteed to be 100% secure. By accessing or using the Services, you agree to us transmitting health and other information to you electronically and that any information sent to or signed by you or us electronically shall be deemed equivalent to as if such information was provided or signed in writing.
Your Provider will obtain your consent to receive telehealth services when you begin your telehealth visit.
Your Relationship With Bloom Rx
Bloom Rx does not provide any medical services, including via the Services. Rather, Bloom Rx provides a technology platform for you to access a Provider who is employed or contracted with a network of physician practices and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Services are for informational purposes only and are not a substitute for direct in-person health care services in all cases; nor are they an indicator of specific results. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and consulting with an affiliated physician practice or its health care providers through the Services, you are not entering into a physician-patient relationship with Bloom Rx.
Except for specific communications received from your Provider, none of the information you receive through the Services should be considered medical advice.
Bloom Rx does not make any representations or warranties about the training or skill of any Providers. You are ultimately responsible for choosing whether to seek treatment from a Provider through the Services. Bloom Rx takes certain limited steps to verify Providers hold certain licenses, certifications, or registrations required by law. Bloom Rx may exclude a Provider, at Bloom Rx’s sole discretion, if Bloom Rx believes a Provider has engaged inappropriate conduct, misused the Services, or for any other reason whatsoever.
You hereby certify that you are physically located in the State you have entered as your current location on the Services. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that Bloom Rx and the Providers and Pharmacy Network you access through the Services are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify Bloom Rx and the Providers and Pharmacy Network you interact with from any resulting damages, costs, or claims.
No Insurance Accepted; Notice of Your Financial Responsibility
Bloom Rx and the Providers do not accept commercial health insurance plans, are not in-network with any commercial health insurance plans, and are not enrolled with federal or state health care programs, such as Medicare and Medicaid. By choosing to use the Services, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program. Thus, you are solely responsible for the costs of any services or products provided to you.
If you are a federal health program beneficiary, you agree that neither you, Bloom Rx, the Provider, or any of the health care organization(s) or provider(s) with whom we partner to provide health care and pharmacy services to you will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services. Please also see Section 14 below for additional terms applicable to your payment obligations.
Pharmacy Services
If you receive a prescription as a result of your use of the Services, you may select one of the pharmacies we contract with (the “Pharmacy Network”) to ship your prescription. You may also choose to have your prescription fulfilled through the pharmacy of your choice when prompted during your use of the Services. You give us consent to send and disclose to the Pharmacy Network or the pharmacy of your choice all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location, and demographic information) so that you may receive pharmacy services.
3. Registration and Account Creation
Although certain parts of the Services are accessible without creating an account, you may be required to create an account to access and use certain parts of the Services. If you create an account, you agree to provide information that is accurate, complete, and correct, and to accurately maintain and update any information about yourself that you have provided to Bloom Rx. If you do not maintain such information, or Bloom Rx has reasonable grounds to suspect as much, Bloom Rx has the right to suspend or terminate your account and your use of the Services.
You agree to keep confidential your username and password and to exit from your account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You also agree to immediately notify Bloom Rx of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Services by emailing Bloom Rx at [email protected]. Bloom Rx may take any and all actions it deems necessary or reasonable to maintain the security of the Services.
You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. Bloom
Bloom Rx explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
4. Privacy
Bloom Rx understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy for information about how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms of Service by reference and constitutes a part of these Terms of Service.
5. Ownership and License to Use the Services
Ownership
As between Bloom Rx and you, Bloom Rx is the sole and exclusive owner of all right, title, and interest in and to the Services and their content, features, and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel) (“Services Content”). You are not permitted to reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the Services or Services Content except as permitted by these Terms of Service or otherwise by Bloom Rx expressly in writing. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Services or Services Content shall be owned solely and exclusively by Bloom Rx or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Services or Services Content.
Certain names, logos, and other materials displayed in and through the Services may constitute trademarks, trade names, service marks, or logos (“Marks”) of Bloom Rx or its affiliates. You are not authorized to use any such Marks without the express written permission of Bloom Rx. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
Your License
Subject to your compliance with these Terms of Service, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Services and Services Content solely for your personal and non-commercial use and only as permitted under these Terms of Service and the Privacy Policy. No other right, title, or interest in or to the Services or Services Content is transferred to you, and all rights not expressly granted are reserved by Bloom Rx or its licensors.
6. Content & Bloom Rx’s License to Use Such Conten
Except as provided in our Privacy Policy, or information governed by applicable federal and state-specific privacy laws and regulations, you understand and agree that any information you provide through the Services, whether by direct entry, submission, email, or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions/feedback, will be treated as non-confidential and non-proprietary and will become the property of Bloom Rx and/or (i) the affiliated physician practices, or (ii) individual health providers utilizing the Services (“User Content”).
Except as provided in our Privacy Policy or subject to any applicable laws, User Content may be used by Bloom Rx for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting, and Bloom Rx shall be free to use such User Content for any purpose whatsoever, including, without limitation, developing and marketing products using such information, without any compensation owed to you. You hereby grant Bloom Rx, our service providers, our successors and assigns, our affiliated health care providers, and their affiliated physician practices, the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Services for the purposes of providing Services to you; marketing Services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying, and/or improving new, current, or future features, products, and services of Bloom Rx using such data.
You understand that any User Content you publish in public forums will be viewable and copyable by other users of the forum and potentially the public at large.
WITHOUT LIMITATION OF THE FOREGOING, BLOOM RX DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE USER CONTENT FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES, OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE USER CONTENT CONTAINED THEREIN.
You acknowledge, consent, and agree that we may access, monitor, preserve, and disclose your information and/or any User Content you submit or make available for inclusion on the Services if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by law or reasonably necessary or appropriate for any of the following reasons:
• To comply with legal process.
• To enforce these Terms of Service, our Privacy Policy, or other contracts with you, including investigation of potential violations thereof.
• To respond to claims that any content violates the rights of third parties.
• To respond to your requests for customer service.
• To protect the rights, property, or personal safety of Bloom Rx, its agents and affiliates, its users, and the public. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.
7. Copyright Notices
Bloom Rx reserves the right to remove any content or any other material or information available on or through our Services, at any time, for any reason. Bloom Rx otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement.
Notification of Claimed Copyright Infringement
If you have objections to copyrighted content or material made available on or through our Services, you may submit a notification to our Designated Agent at the following address:
1007 N Orange St., 4th Fl, Ste 2985, Wilmington, DE 19801
Any notification to BloomRx under 17 U.S.C. § 512(c) alleging copyright infringement must include all of the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed.
• An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
• An identification of the content or material that you claim is infringing and where it is located on our Services.
• Information sufficient for Bloom Rx to contact you, such as your address, telephone number, and/or email address.
• A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law.
• A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
8. Restrictions on Use
You agree that in using or accessing the Services, you will not, and will not attempt to:
• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
• Violate any local, state, national, or international law (including export laws).
• Reverse engineer, disassemble, decompile, or translate any software or other components of the Services.
• Distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or the Services, or any other system, device, or property.
• Access or use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party.
• Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.
• License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services, Service Content, or User Content other than as expressly permitted herein.
• Create or develop competing products or services or for any other purpose that is to Bloom Rx’s detriment or commercial disadvantage.
Damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner the Services, Service Content, or User Content, in whole or in part.
• Use framing techniques to enclose any trademark, logo, or the Services without our express prior written consent.
• Post, transmit, or otherwise disseminate any content that, as we determine at our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, violent, demeaning, intimidating, discriminatory, or racially, ethnically, or otherwise objectionable; (ii) is derogatory or harmful to our reputation; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner; or (v) attempts to obtain the personal information of other users.
• Harm, harass, threaten, abuse, defame, demean, discriminate against, or intimidate any affiliated health care provider who provides health care services related to the Services.
• Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the Services or any computer network.
• Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Bloom Rx or any of our service providers to protect the Services.
• Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services or any Service Content or User Content.
• Use any manual process or automated device to monitor or copy any content made available on or through the Services for any unauthorized purpose except as permitted herein.
• Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• Copy, duplicate, download, store in a retrieval system, publish, transmit, or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Bloom Rx or third-party content from the Services.
• Otherwise use the Services in any manner that exceeds the scope of use granted herein.
• Encourage or enable any other individual to do any of the foregoing.
9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLOOM RX AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
BLOOM RX MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL PROVIDER OR PHARMACY NETWORK LISTED OR ACCESSIBLE THROUGH THE SERVICES. WHILE WE HOPE CONTENT FROM OUR SERVICES IS USEFUL, IT IS INTENDED FOR INFORMATIONAL PURPOSES AND FOR CONNECTING YOU WITH PROVIDERS AND PHARMACY NETWORKS AVAILABLE IN YOUR AREA. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER, UNDER ANY CIRCUMSTANCE.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER BLOOM RX NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SERVICES, SERVICES CONTENT, AND USER CONTENT. FURTHERMORE, BLOOM RX DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND BLOOM RX DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL, AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL, AND/OR INFORMATION, OR YOUR RELIANCE ON ANY SUCH CONTENT, MATERIAL, AND/OR INFORMATION.
10. Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL BLOOM RX , ITS RELATED PERSONS, OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SERVICES OR ANY SERVICES CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. THIS IS TRUE EVEN IF BLOOM RX OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL BLOOM RX OR ITS RELATED PERSONS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED IN THE AGGREGATE, THE GREATER OF (I) ONE HUNDRED DOLLARS ($100), OR (II) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.
If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as in this section. Accordingly, some of these limitations may not apply to you. If you are a New Jersey resident, or a resident of another U.S. state that permits the exclusion of these warranties and liabilities, then the limitations in this section specifically do apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless Bloom Rx, its affiliates, its subsidiaries, and all of their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, (i) your use of the Services, or your use of the materials or features available on the Services, in an unauthorized manner, (ii) your fraud, violation of law, negligence, or willful misconduct, or (iii) any breach by you of these Terms of Service.
12. Third-Party Links and Features on the Services
The Services may contain hyperlinks, plug-ins, products, or features operated by third parties (“Third-Party Services”). Such Third-Party Services are not under our control; therefore, we are not responsible for the information, products, or services described by, or for the content or features of any such Third-Party Services. We are providing these Third-Party Services to you only as a convenience, and the inclusion of any Third-Party Services does not necessarily imply endorsement of the Third-Party Services or any association with its operators. Your use of these Third-Party Services is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to Third-Party Services.
You may have arrived at the Services through a Third-Party Service, and you understand and agree that we are not responsible for the information, products, or services described on those Third-Party Services and only these Terms of Service will apply to your use of or access to the Services.
No agency relationship is created between Bloom Rx and any user or third party. As such, we will not be involved in resolving any disputes between any user and another user or third party relating to or arising out of any transaction between such parties. We urge users and third parties to cooperate with one another to resolve any such disputes. In the event that you have a dispute with one or more other users or third parties through your use of the Services, you release Bloom Rx, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
13. Changes to the Terms of Service & the Services
The Services are continually under development, and Bloom Rx reserves the right to review or remove any part of these Terms of Service in its sole discretion at any time and without prior notice to you. You should check the Terms of Service from time to time when you use the Services to determine if any changes have been made. Any changes to these Terms of Service are effective upon posting to the Services, unless applicable law requires us to provide additional notice or take other actions before such changes can become effective. If you disagree with these Terms of Service, your sole and exclusive remedy is to discontinue your use of the Services. Your continued use after a change has been posted constitutes your acceptance of the changes.
You acknowledge and agree that:
• All or any part of the Services may not be accessible at any time, for any period, or for any reason.
• Bloom Rx will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. Bloom Rx reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Services or any portion thereof, with or without notice. You agree that Bloom Rx shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
14. Payments
You agree to pay all fees due for services requested at the fees and pursuant to all payment terms presented to you when engaging in transactions. Prices are subject to change at any point in our sole discretion. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due, including recurring fees associated with Subscription Services (as defined below).
You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s) that provide services to you in connection with the Services. Your payments to Bloom Rx may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which Bloom Rx collects on their behalf. Any health care services or pharmacy services not provided by us, a Provider, or the Pharmacy Network, or otherwise made available through the Services are not included in the payments collected by Bloom Rx and you may be separately charged by the applicable health care organization(s) and/or provider(s) for such services. In the event that your credit card expires or Bloom Rx, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Bloom Rx and/or the Provider or Pharmacy Network have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified. You are responsible for keeping your payment information (such as credit card number and billing address) accurate and up to date at all times.
Certain products or services offered on the Services may be offered on a subscription basis (“Subscription Services”). For Subscription Services, your payment method will be automatically charged at regular intervals as described during the checkout process for the applicable Subscription Services. You may cancel a subscription at any time before the cancellation cutoff date as indicated to you at the time you purchase a Subscription Service. You will also be informed about how you can cancel these Subscription Services.
EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN OR REFUND POLICY PROVIDED TO YOU ON THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE SERVICES ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
15. Refund and Treatment Availability Policy
Members acknowledge that all plans are subject to the availability of treatments, supply factors, and external circumstances beyond Bloom Rx’s control and of its network providers and pharmacies. If a member’s prescribed treatment becomes unavailable, Bloom Rx-network physicians may recommend suitable alternative treatments. Members may choose to accept an alternative treatment or request a refund in accordance with the following terms:
Refunds for Unavailable Products
If Bloom Rx, through its network pharmacies, cannot fulfill a treatment plan due to supply shortages, FDA regulations, or other factors outside its control, customers are eligible for a prorated refund. The refund will be calculated based on the unshipped portion of the listed monthly price of the prepaid plan, with deductions only for the monthly cost of any treatments already provided.
Switching to an Alternative Treatment
Members may choose to request a credit in lieu of refund to their Bloom Rx account to switch to another available and eligible treatment plan if their preferred option is unavailable.
Bloom Rx is committed to providing clear, fair, and transparent refund processes. Refunds will be processed within 30 days of an approved request.
Customer Notifications
Members agree to receive notifications regarding plan changes or alternative options via email and must respond promptly to avoid treatment interruptions. By purchasing a plan, Member confirms that they understand and accept the terms.
16. Termination
The Terms of Service will remain in full force and effect as long as you continue to access or use the Services. You may terminate the Terms of Service at any time by discontinuing use of the Services. Your permission to use the Services automatically terminates if you violate these Terms of Service.
Bloom Rx may terminate or suspend any of the rights granted by these Terms of Service and your access to and use of the Services with or without prior notice, for any reason, and at any time, including for violations of these Terms of Service. The following provisions survive the expiration or termination of these Terms of Service for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; No Waiver; and Assignment.
Subject to applicable law, Bloom Rx reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Services pursuant to its internal record retention and/or content destruction policies. After such termination, Bloom Rx will have no further obligation to provide the Services, except to the extent Provider or Pharmacy Network is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical, and professional obligations to you. You agree that if your use of the Services is terminated pursuant to these Terms of Service, you will not attempt to use the Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold Bloom Rx harmless from any and all liability that Bloom Rx may incur therefore.
17. Communications by Text Message and Email
By opting-in to receive text (SMS) messages from Bloom Rx or by sending Bloom Rx an initial text message (an “SMS Enrollment”), you consent to receiving text messages regarding your Bloom Rx account and use of the Services. These text messages may include order confirmations, shipping notifications, messages from your healthcare provider, and other transactional messages, as well as promotional and marketing notifications, to the extent you have opted-in to receive such messages from Bloom Rx.
With your SMS Enrollment, you represent and understand that:
• You are the owner or authorized user of the mobile device you used in order to initiate the SMS Enrollment.
• You are authorized to approve any applicable charges in connection with the text messages you send to and receive from Bloom Rx.
• You will be responsible for all messaging and other data charges that may apply for any text messages sent to you from Bloom Rx, or from Bloom Rx to you.
• Neither Bloom Rx, nor your or Bloom Rx’s mobile carriers, will be liable for delayed or undelivered messages.
Note that access to the Services is not conditioned upon your consent to receive marketing or promotional text messages from Bloom Rx, and you can opt-out of any of Bloom Rx’s SMS services at any time by texting “STOP” to the message received, from the mobile device that is subscribed to receive the SMS messages. After you send the text message “STOP” to us, we may send you one final text message to confirm that you have been unsubscribed. If you have opted-in to receive more than one type of text message from Bloom Rx, you will need to opt-out of each Bloom Rx SMS service to which you are subscribed. Until you have done so, you may continue to receive the types of text messages from Bloom Rx that you have opted-in to receive but have not unsubscribed from.
You also understand that while Bloom Rx takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from Bloom Rx are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. By initiating an SMS Enrollment, you consent to sending text messages to Bloom Rx, and receiving text messages from Bloom Rx, which are not encrypted. Likewise, by emailing Bloom Rx or giving Bloom Rx your email, you consent to receiving unencrypted emails messages from Bloom Rx.
If you are experiencing any issues with Bloom Rx’s text messaging or email services, or if you have any concerns about sending or receiving any sensitive information through text or email, please contact us directly at [email protected]. If you have questions specific to your text or data plan, please contact your wireless provider.
18. Miscellaneous Terms
No Waiver
No waiver by Bloom Rx of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Bloom Rx to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
No Agency Relationship
Neither these Terms of Service, nor any Services Content, materials, or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
Remedies
You agree that any violation, or threatened violation, by you of these Terms of Service constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Assignment
You may not assign any of your rights under these Terms of Service, and any such attempt will be null and void. Bloom Rx and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Service if some or all of the business of Bloom Rx is transferred to another entity by way of merger, sale of its assets, or otherwise.
Headings
The heading references herein are for convenience purposes only, and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement
This is the entire agreement between you and Bloom Rx relating to the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with Bloom Rx.
20. Contact Us
If you have any questions about these Terms of Service, please contact us at:
Bloom Rx — [email protected]