Terms of Service
IMPORTANT – PLEASE REVIEW OUR TERMS OF USE AND CONDITIONS OF SALE THOROUGHLY BEFORE ACCESSING, USING, OR PLACING AN ORDER WITH Bloom Cooking. THESE TERMS INCLUDE DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND PROVISIONS REGARDING CLASS ACTION WAIVER AND MANDATORY ARBITRATION (REFER TO SECTIONS 14, 15, AND 16, RESPECTIVELY). Some offerings are subscriptions with automatic renewal. We will present a clear summary of renewal terms at checkout and require your express consent (via an unchecked checkbox) before enrolling you in any auto-renewing plan.
Welcome to our website. Bloom Cooking is a premier provider of cooking classes, courses, healthy recipes, live cultures, and exclusive membership programs. We are delighted to have you visit our website and are excited for you to explore and enjoy our diverse range of products and services.
Vast Learning, LLC (“Vast Learning,” “we,” or “us”) offers this website, Bloom Cooking, located at www.BloomCooking.com (along with all other websites, mobile applications, and services operated on behalf of Bloom Cooking, collectively referred to as the “Site”), to you, an individual user (“you”) for your personal use, subject to your agreement to and compliance with the terms and conditions set forth herein.
TABLE OF CONTENTS
· Agreement
· Changes to these Terms
· Privacy and Security Disclosure
· Accessibility Statement
· Intellectual Property
· User Conduct
· Account Registration
· Refunds
· Automatic Billing and Cancellation Policy
· Trial Offers
· Payment Methods
· Social Media
· Copyright Notice
· Disclaimer of Warranties
· Disclaimer of Liabilities
· Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
· Health Related Information
· No Resale of Products
· Indemnification
· Third-Party Websites and Links
· Testimonials, Reviews, and Other Submissions
· Electronic Communications
· Assignment
· No Waiver
· No Agency Relationship
· Severability
· Termination
· Entire Agreement
· Questions or Additional Information
TERMS OF USE & CONDITIONS OF SALE
· Agreement
By accessing or using this Site, or placing an order through the Site, you agree to be bound by our Terms of Use & Conditions of Sale (“Terms”) and Bloom Cooking’s Privacy Policy, which is expressly incorporated into these Terms. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Site in any manner or form.
THIS AGREEMENT INCLUDES ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT LIMIT YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE SOLE REMEDY FOR ANY DISPUTES UNLESS OTHERWISE SPECIFIED IN SECTION 16 OR IF YOU OPT-OUT. PLEASE REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 16 CAREFULLY, WHICH ALSO DESCRIBE YOUR RIGHT TO OPT-OUT.
By using the Site and agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence. Using the Site affirms that you have the legal capacity to enter into a binding contract with us, and that you have read, understood, and agreed to these terms.
· Changes to these Terms
Bloom Cooking reserves the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. You can review the most current version of these Terms at any time on this page (https://BloomCooking.com/policies/terms-of-service). It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Site following the posting of any changes constitutes your acceptance of those changes.
· Privacy and Security Disclosure
Bloom Cooking’s Privacy Policy can be viewed at https://BloomCooking.com/policies/privacy-policy. The Privacy Policy is incorporated into these Terms by reference and forms part of this Agreement. Bloom Cooking reserves the right to modify the Privacy Policy at its sole discretion.
Our GDPR Compliance Resources are available at BloomCooking.com/pages/gdpr-compliance and are incorporated into these Terms by reference, forming part of this Agreement. Please review these resources for any GDPR related requests.
Our CCPA Compliance Resources are available at BloomCooking.com/pages/ccpa-compliance and are incorporated into these Terms by reference, forming part of this Agreement. Please review these resources for any CCPA related requests.
Bloom Cooking reserves the right to modify the Privacy Policy, GDPR Compliance Resources, and CCPA Compliance Resources at its sole discretion.
· Accessibility Statement
Our Accessibility Statement is available at https://BloomCooking.com/pages/accessibility-statement and is incorporated into these Terms by reference, forming part of this Agreement. Bloom Cooking reserves the right to modify the Accessibility Statement at its sole discretion.
· Intellectual Property
The Site and the content contained herein, including copyrights, text, documents, articles, products, software, graphics, photos, sounds, videos, services, links, user submissions, third-party apps, and any other content on the Site (“Content”), as well as the trademarks, service marks, and logos contained therein, are the property of Bloom Cooking and its third-party licensors or providers. You may access, use, download, and/or print copies of the Content solely for personal, non-commercial use, retaining all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by using the Site. Bloom Cooking reserves all rights not expressly granted in and to the Site.
The site may reference protected trademarks and service marks of other parties, which are not explicitly identified. Bloom Cooking does not claim ownership of any such marks.
· User Conduct
You agree not to use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute, create derivative works or otherwise exploit Content from the Site in any manner not permitted, including personal, non-commercial use, without our prior written permission. Modification or use of the Content for any unauthorized purpose is a violation of our copyright and proprietary rights, which can result in legal liability.
In connection with using the Site and its services, you agree not to:
· Account Registration
In order to access some of the services of the Site, you will be required to create an account. By creating this account you agree to the following:
Vast Learning has the right, in its sole discretion, to cancel your subscription or suspend your access to the Site.
· Refunds
Our goal is to provide you with a consistently superior customer experience during every interaction which is why Vast Learning stands behind a strong, 60-day, money-back guarantee on all of our products. If you are not satisfied with any of the products that you have purchased from us, you can request a refund within the first 60 days of your order and get your money back. To initiate a refund, simply contact our support team through our live chat widget on the website or by email at info@bloomhealthy.co. Please include your order number and contact information so we can locate your order quickly. Refund requests made within 60 days will be processed promptly once received and verified.
If your order included physical products, you may be asked to return the unused portion of the product to the address provided by our support team. Returns must be shipped prepaid, and once received, we will refund the full purchase price of the product (excluding shipping and handling, if applicable). If your purchase involved a subscription or trial that converted to a subscription, the refund process will follow our Automatic Billing and Cancellation Policy. Subscription charges that have already processed are eligible for refund within the same 60-day window, provided the request is submitted within that period.
Refunds are issued to the original form of payment and typically appear within 5–10 business days after processing.
· Automatic Billing and Cancellation Policy
Some Vast Learning products and services are offered on a subscription basis and will automatically renew until canceled. By enrolling in a subscription (including after any promotional or trial period), you agree that (i) you will be charged the subscription price and taxes shown to you at checkout on a recurring basis at the stated interval (e.g., monthly), (ii) the payment method you provide will be charged automatically at the beginning of each renewal period, and (iii) your subscription will continue until you cancel. Immediately before you submit payment, we will present a concise “Order Review” box that discloses: (a) the amount due today (including any trial price), (b) the renewal amount, (c) the renewal interval and first renewal date, and (d) how to cancel. You must affirmatively consent (via an unchecked checkbox) to enroll in any auto-renewing subscription.
You can cancel at any time, effective at the end of the current billing period, by either (1) visiting your account dashboard and clicking “Cancel Membership,” or (2) emailing support at info@bloomhealthy.co. No phone call is required. After you cancel, we will send a confirmation of cancellation by email.
If we change the price or material subscription terms, we will notify you in advance by email and/or in-product notice. Any change will apply after the then-current billing period and only after we provide notice; continued subscription after the effective date constitutes acceptance.
For subscriptions subject to state renewal-notice laws, we will send a renewal reminder that clearly states the renewal date, amount, and how to cancel (e.g., for annual plans, or as otherwise required in your state).
Refunds for subscription charges, if any, are governed by our Refunds section. This Automatic Billing policy controls for subscription billing; if there is a conflict, this section prevails as to subscription charges and cancellation.
· Trial Offers
From time to time, we may offer promotional trials (for example, $1 for 14 days) that convert automatically to a paid subscription at the end of the trial unless you cancel before the trial ends. The trial terms (price today, trial length, conversion date, renewal price, and how to cancel) will be displayed in the Order Review box at checkout, adjacent to the required consent checkbox. By enrolling in a trial, you authorize us to begin recurring billing at the end of the trial at the then-current rate unless you cancel before the trial ends. You may cancel at any time during the trial through your account dashboard or by emailing info@bloomhealthy.co; no phone call is required.
One trial per customer per product unless otherwise stated. We may determine eligibility for trials and withdraw or modify a trial at any time, consistent with applicable law.
All charges are in U.S. Dollars. We accept U.S. issued credit and debit cards from Visa, MasterCard, American Express, and Discover.
When placing an order online, you will need:
By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) if you choose a subscription-based purchase, that you will pay all payments for your subscriptions by the date due; (iii) all payment information provided is complete and accurate; (iv) you will be responsible for any credit card fees; and (v) that sufficient funds exist to pay us the amount(s) due.
We and our third party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your subscription(s) if you signed up for subscription(s). Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
If you purchase a subscription or a trial that converts to a subscription, you authorize Vast Learning to store your payment method and to automatically charge that payment method the subscription amount and applicable taxes at the frequency disclosed at checkout until you cancel. If your payment method is declined or updated by your card issuer, you authorize us to re-attempt charges and/or use the updated information provided by your issuer to process payments. You may revoke this authorization at any time by canceling your subscription as described in the Automatic Billing and Cancellation Policy.
· Social Media
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, Twitter, YouTube, Google+, LinkedIn, or any of the many other available external third party social media platforms we may utilize (“Social Media Presence”).
Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these Terms nor our Privacy Statement apply to our Social Media Presence. The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Vast Learning. Comments that some would consider inappropriate or offensive may appear on our Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.
· Copyright Notice
The Site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Vast Learning
Attn: Copyright Agent
60 South Park Place
Painesville, Ohio 44077
Telephone: (440) 946-7656
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. Vast Learning does not warrant or make any representations regarding any third-party content, materials, information, or products that may be linked to or referenced on the Site. Access to such third-party sites is provided “as is,” and Vast Learning is not responsible for their accuracy, reliability, or security. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ANY HEALTH, WELLNESS, OR NUTRITIONAL INFORMATION PROVIDED ON THIS SITE IS SUPPLIED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND WITHOUT ANY WARRANTY OR GUARANTEE AS TO ACCURACY OR SUITABILITY FOR YOUR PARTICULAR CIRCUMSTANCES. WE DO NOT WARRANT THAT ANY DATA YOU TRANSMIT TO THE SITE WILL BE SECURE OR FREE FROM UNAUTHORIZED ACCESS, AND YOU ACKNOWLEDGE THAT YOU PROVIDE SUCH INFORMATION AT YOUR OWN RISK, SUBJECT TO OUR PRIVACY POLICY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Some jurisdictions do not allow the exclusion of certain warranties or limitations on implied warranties. In such jurisdictions, this disclaimer shall apply only to the extent permitted by law, and your statutory rights will remain unaffected.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL Vast Learning OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER Vast Learning HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, Vast Learning IS FOUND LIABLE UNDER ANY THEORY, Vast Learning’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER Vast Learning WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Vast Learning AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, YOUR PURCHASE OF ANY PRODUCT, OR THESE TERMS (“CLAIM”) WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
· General
Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, Vast Learning, or any involved third-party relating to your account, your use of the Website, your relationship with Vast Learning, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the products, and any act or omission by Vast Learning or any third-party related to your use or attempted use of the products. You, Vast Learning, or any involved third-party may pursue a Claim. Vast Learning agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against Vast Learning. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1–16, as amended. Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect, which are available at www.adr.org or by calling 1-800-778-7879.
Notwithstanding the foregoing, either party may bring an individual claim in small claims court within the county (or equivalent jurisdiction) where the consumer resides or where Vast Learning has its principal place of business. Either party may also seek temporary, preliminary, or permanent injunctive relief in a court of competent jurisdiction to preserve the status quo or protect intellectual-property or proprietary rights pending arbitration.
To the extent required by applicable law, claims that seek public injunctive or other non-waivable equitable relief intended to benefit the general public may be brought in a court of competent jurisdiction. All other claims must be resolved through binding individual arbitration and may not be brought or maintained on a class, collective, or representative basis.
· Exceptions
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Vast Learning both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Vast Learning will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. Either party may seek temporary, preliminary, or permanent injunctive relief in a court of competent jurisdiction to preserve the status quo or protect intellectual property or proprietary rights pending arbitration. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to personal jurisdiction and venue in a court of competent jurisdiction located in the state where the consumer resides or where Vast Learning has its principal place of business, and agree not to contest jurisdiction or venue for purposes of such actions.
· Required Pre-Dispute Procedures
We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to Vast Learning, Attn: Legal Department, 60 South Park Place, Painesville, Ohio 44077. You may also submit the written notice via email to legal@bloomhealthy.co. Vast Learning will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Vast Learning or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Cuyahoga County, Ohio to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “b” above. Notwithstanding the foregoing, claims seeking public injunctive relief under laws such as California’s Consumer Legal Remedies Act or Unfair Competition Law that cannot be waived shall not be subject to arbitration and may be brought in a court of competent jurisdiction. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
· Commencing Arbitration
You and Vast Learning agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
· Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. For all other claims, the arbitration shall take place in the county (or equivalent jurisdiction) where you reside, or in another location mutually agreed upon by the parties. If you prefer, the arbitration may instead be conducted in Cuyahoga County, Ohio, where Vast Learning has its principal place of business.
· Organization, Rules and the Arbitrator
We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration to the AAA and providing a copy to the other party within the time period set forth above.
The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration.
The AAA’S Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. TThe arbitrator shall also have the exclusive authority to determine whether this arbitration agreement may be enforced against, or invoked by, any non-signatory.
The arbitrator may award any relief available under applicable law that would otherwise be available in court, including equitable relief and attorneys’ fees where authorized by statute. Any award rendered by the arbitrator shall be final and binding, subject only to limited judicial review as provided under the Federal Arbitration Act, 9 U.S.C. §§ 1-16.
To ensure that the arbitration process remains fair and accessible, the arbitration fees and costs shall be allocated in accordance with the AAA Consumer Rules. Vast Learning will pay any filing, administrative, or arbitrator fees that would otherwise exceed the amount you would have incurred to file a lawsuit in court, unless the arbitrator determines that your claim was frivolous or brought in bad faith.
· Fees
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.
· Governing Law and Award
The arbitrator shall follow the substantive law of the State of Ohio without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in these Terms limits any rights you may have under the consumer-protection laws of your state of residence.
· Enforceability
This provision survives termination of your account or relationship with Vast Learning, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
· Miscellaneous
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Vast Learning and shall not be modified except in writing by Vast Learning.
· Amendments
Vast Learning reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Vast Learning product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Vast Learning will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Vast Learning product or service, is affirmation of your consent to such material changes.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT Vast Learning, ATTN: LEGAL DEPARTMENT, 60 SOUTH PARK PLACE, PAINESVILLE, OHIO 44077. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT. SHOULD EITHER PARTY FILE AN ACTION CONTRARY TO THIS PROVISION, THE OTHER PARTY MAY RECOVER ATTORNEY’S FEES AND COSTS UP TO $1000.00.
· Health Related Information
Vast Learning is not a medical organization and does not provide medical advice, diagnosis, or treatment. The Site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through the Site, including information that may be provided on the Site directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options.
The information provided on the Site and linked third party sites, including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. Again, it is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging.
You should not use the information or services on the Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements. Use of our products should be based on your own judgment in consultation with a qualified healthcare professional. Always read labels, warnings, and directions before using or consuming any product. If you have, or suspect that you have, a medical problem, promptly contact your doctor or another qualified health professional. Do not rely on information from this Site for self-diagnosis or as a substitute for professional care.
Vast Learning does not guarantee or represent that any particular product will provide specific health benefits, outcomes, or results. Individual experiences may vary widely depending on health status, lifestyle, and other factors. Any claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease. Results may vary. Dietary supplements are not intended to diagnose, treat, cure or prevent disease. Please consult with a healthcare professional before starting any diet, exercise or supplementation program.
Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here.
IF YOU EXPERIENCE ANY UNEXPECTED OR ADVERSE REACTION TO ONE OF OUR PRODUCTS, DISCONTINUE USE IMMEDIATELY AND SEEK MEDICAL ADVICE.
· No Resale of Products
Products purchased or obtained through the Site are for Members’ personal use only. Members are prohibited from reselling any product acquired through the Site. Should a Member resell any product purchased or otherwise obtained through the Site, Vast Learning reserves its rights to take any and all actions it deems necessary to address such violation, including, but not limited to the remedies outlined in Section 16.
· Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Vast Learning, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
· Third-Party Websites and Links
Our Site may include materials from third-parties or links to third-party websites. Vast Learning is not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
· Testimonials, Reviews, and Other Submissions
Vast Learning may use testimonials and/or product/service reviews, in whole or in part, together with the name and state/country of the person submitting it. Testimonials may be used for any form of advertising relating to Vast Learning’s products or services, in printed and online media, as Vast Learning determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products or services.
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “User Submissions” or simply, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
Additionally, Vast Learning reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Vast Learning shall be under no obligation to use any, or any part of, any testimonial or product/service review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.
· Electronic Communications
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You consent to receive transactional communications related to your orders and subscriptions (including order confirmations, renewal confirmations, renewal reminders where required by law, and cancellation confirmations) by email and/or SMS, subject to your communication preferences and applicable law.
· Assignment
You may not assign any of your rights under these Terms, and any such attempt will be null and void. Vast Learning and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Vast Learning’s business is transferred to another entity by way of merger, sale of its assets or otherwise.
· No Waiver
No waiver by Vast Learning of any term or condition set forth in these Terms 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 Vast Learning to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
· No Agency Relationship
No joint venture, partnership, employment, or agency relationship exists between you and Vast Learning as a result of your receipt of any Vast Learning product, your use of any Vast Learning Service, or use of the Site.
· Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
· Termination
In the event that we terminate this Agreement, Sections 1-29, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
· Entire Agreement
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Bloom Cooking, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
· Questions or Additional Information
If you have any questions regarding your account, subscription services, or these Terms, please email info@bloomcooking.com for assistance.
