Bloom Botanicals, Inc. ( “Bloom Botanicals, Inc.”, “we,” “us,” “our”) provides its services (described below) to you through its website located at www.paincareoutlet.com (the “site” or “website”). Collectively, such services, including any new features and applications, and the site, the “service(s)”, are subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the service. It is your responsibility to regularly check the site to determine if there have been changes to these Terms of Service and to review such changes.
These terms and conditions govern your access to and use of this website, as well as, transactions conducted on or through this site. By accessing this website, you are indicating your acknowledgement and acceptance of these terms and conditions of service. These terms and conditions of service are subject to change by us at any time in its discretion. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please regularly consult these terms and conditions of service. Please also read the following terms and conditions of use carefully before using this website.
Charges to your credit card will appear as “PainCareOutlet”. We gladly accept Visa, Mastercard and AMEX.
Access To This Site
YOU MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER TO ACCESS THIS SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS SITE FOR ANY REASON AND YOU MUST EXIT THIS SITE IMMEDIATELY. ASK YOUR PARENT OR GUARDIAN TO ACCESS THIS SITE FOR YOU.
YOU MUST BE OF LEGAL AGE REQUIRED BY THE STATE YOU ARE IN TO USE OR PURCHASE OUR PRODUCTS. IT IS YOUR RESPONSIBILITY TO KNOW WHETHER YOU ARE LEGALLY ABLE TO PURCHASE OUR PRODUCTS.
If you are of legal age to access this website, by accessing and using this website, you agree that you have a duty to read these Terms of and Conditions, that you have done so, and that you accept these Terms and Conditions in full, including, without limitation the Disclaimer and Limitation of Liability set forth further below. Furthermore, you understand, acknowledge and accept that you are precluded from using lack of reading as a defense against all remedies contained herein.
IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING ALL LIMITATIONS CONTAINED HEREIN, YOU MAY NOT ACCESS OR USE THIS SITE. Your use of this site, purchase or use of any of our products constitutes your agreement to these Terms of Service.
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be your correct, current, and complete information. If our Company believes the information you provide is not correct, current, or complete or is an impersonation of someone else, we have the right to refuse you access to this site or any of its resources, to terminate or suspend your access at any time, and delete any comments you have posted, all without prior notice.
This website contains general information and content about diet, health, nutrition and dietary supplements. The contents of this website are for informational purposes only and are not intended to be substituted for professional medical advice. Always seek the advice of your physician or other qualified healthcare professional with any questions regarding a medical condition.
The general information and content on this website is provided “as is” without any representations or warranties of any kind, expressed or implied. Bloom Botanicals, Inc. makes no representations or warranties whatsoever in relation to any health information on this website. You must not rely on the information on this website as an alternative to professional medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition(s), you should seek medical attention. You should never delay seeking medical advice, disregard medical advice or discontinue medical treatments because of the information in the Company material or from any Company representative; none of which information is intended to be a substitute for medical diagnosis, advice or treatment. If you are considering making any changes to your lifestyle, diet, or nutrition (including the use of nutritional, herbal or dietary or homeopathic supplement) please consult with your doctor or healthcare provider before proceeding.
Any statements on this site or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the site have been approved or endorsed by the FDA or any regulatory agency. The products on the site are not intended to diagnose, treat, cure or prevent any disease. The information on this site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose, treat any health problems or cure any medical conditions or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices we have provided. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We make no warranty, express or implied, that the site or any services, products, or information obtained on or through the site will meet your requirements or will be uninterrupted, timely, secure, or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representation regarding use, or the result of use, of the Content in terms of accuracy, reliability, or otherwise. The Content may include technical inaccuracies or typographical errors, and we may make changes or improvements at any time. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and we do not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
Limitation On Liability
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a.) immediately notify Bloom Botanicals, Inc. of any unauthorized use of your password or account or any other breach of security, and (b.) ensure that you exit from your account at the end of each session when accessing the service. Bloom Botanicals, Inc. will not be liable for any loss or damage arising from your failure to comply with this section.
General Practices Regarding Use and Storage: You acknowledge that Bloom Botanicals, Inc. may establish general practices and limits concerning use of the service, including without limitation the maximum period of time that reviews, product designs, data or other content will be retained by the service and the maximum storage space that will be allotted on Bloom Botanicals, Inc.’s servers on your behalf. You agree that Bloom Botanicals, Inc. has no responsibility or liability for the deletion or failure to store any reviews, product designs, data or other content maintained or transmitted by the service. You acknowledge that Bloom Botanicals, Inc. reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Bloom Botanicals, Inc. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Use: User Conduct: You are solely responsible for all reviews, blog comments or posts, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or email or otherwise transmit or use via the service. The following are examples of the kind of content and/or use that is illegal or prohibited by Bloom Botanicals, Inc. reserves the right to investigate and take appropriate legal action against anyone who, in Bloom Botanicals, Inc. sole discretion, violates this provision, including without limitation, removing the offending content from the service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the service to:
- post, email or otherwise transmit any content that (i.) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (ii.) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii.) poses or creates a privacy or security risk to any person; (iv.) infringes any intellectual property or other proprietary rights of any party; (v.) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi.) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii.) in the sole judgment of Bloom Botanicals, Inc., is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Bloom Botanicals, Inc. or its users to any harm or liability of any type; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18; harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; violate any applicable local, state, national or international law, or any regulations having the force of law; further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Amazon Payments Express Checkout: You can also use Amazon Payment Express checkout on our website to quickly check out. Our store is integrated with this service from Amazon, which will handle all payments if you choose this option. Our store will not keep any records of the information of your payment in that case, since it will be handled by Amazon. Our website will store the information linked to the order processed, but not the payment.
Legal Disclaimer: While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredients lists, change their instructions or update warnings. The actual product packaging and instructional materials may contain additional and/or different information than what appears on our website. It is recommended that you DO NOT rely solely on the information presented and you should always read all labels, warnings and directions before using any products on this website. For additional information about a product, please contact the manufacturer.
Cancellation Policy: Hello. We hope you don’t however, if you wish to discontinue your service you may do so at any time by logging onto “my account” or by calling Bloom Botanicals, Inc. at 530-600-0189.
Taxes: You agree to pay all taxes, duties and other charges that may be incurred by you or on your behalf through the service, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you will remain responsible for any taxes that may be applicable to your purchases made through the service, including any district taxes in your jurisdiction.
Commercial Use: Unless otherwise expressly authorized herein or in the service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the service, use of the service, or access to the service. The service is for your personal use and may not be used for direct commercial endeavors.
Prescription Requirements: The purchase of electrotherapy units and traction units may require a prescription from a healthcare professional (i.e. physician, nurse practitioner, physician assistant, chiropractor, physical therapist, dentist, podiatrist, veterinarian and other licensed medical providers). Please ensure to abide by federal, state and local laws for purchasing a unit. Please email or have your healthcare professional email your prescription to email@example.com or fax your prescription to 707.573.0484.
Licensed Healthcare Professionals (i.e. physician, nurse practitioner, physician assistant, chiropractor, physical therapist, dentist, podiatrist, veterinarian and other licensed medical providers): The purchase of electrotherapy units and traction units does not require a prescription if you have active medical license(s).
Licensed Resellers: The purchase of electrotherapy units and traction units does not require a prescription if you have active resellers license.
Intellectual Property Rights:
Service Content, Software and Trademarks: You acknowledge and agree that the service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Bloom Botanicals, Inc., you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the service. In connection with your use of the service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the site or the service content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the service or distributed in connection therewith is the property of Bloom Botanicals, Inc., our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Bloom Botanicals, Inc.
The Bloom Botanicals, Inc. name and logo are trademarks and service marks of Bloom Botanicals, Inc. Other company, product, and service names and logos used and displayed via the service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Bloom Botanicals, Inc. Nothing in these Terms of Service or the service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Bloom Botanicals, Inc. Trademarks displayed on the service, without our prior written permission in each instance. All goodwill generated from the use of Bloom Botanicals, Inc. Limited Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Bloom Botanicals, Inc. be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the service. You acknowledge that Bloom Botanicals, Inc. does not pre-screen content, but that Bloom Botanicals, Inc. and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the service. Without limiting the foregoing, Bloom Botanicals, Inc. and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Bloom Botanicals, Inc., in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Posted on the Site: You are solely responsible for the content and other materials you post on or through the service or the site or transmit to or share with other users or recipients (collectively, “User Content”). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant Bloom Botanicals, Inc. and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any designs, questions, comments, suggestions, ideas, feedback (including without limitation those related to products) or other information about the site or the service (“submissions”), provided by you to Bloom Botanicals, Inc. are non-confidential and Bloom Botanicals, Inc. will be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Bloom Botanicals, Inc. may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a.) comply with legal process, applicable laws or government requests; (b.) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d.) protect the rights, property, or personal safety of Bloom Botanicals, Inc., its users and the public. You understand that the technical processing and transmission of the service, including your content, may involve (a.) transmissions over various networks; and (b.) changes to conform and adapt to technical requirements of connecting networks or devices.
Third Party Websites:
The service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Bloom Botanicals, Inc. has no control over such sites and resources and Bloom Botanicals, Inc. is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Bloom Botanicals, Inc. will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Bloom Botanicals, Inc. is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release: You agree to release, indemnify and hold Bloom Botanicals, Inc. and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the service, any user content, your connection to the service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties: Your use of this service is at your sole risk. The services provided are on an “as is” and “as available” basis. Bloom Botanicals, Inc. expressly disclaims all warranties of any kind, whether express. Implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Bloom Botanicals, Inc. makes no warranty that (i.) the services, products, boxes or any information therein will meet your requirements, (ii.) the service will be uninterrupted, timely, secure, or error-free, (iii.) the results that may be obtained from the use of the service will be accurate or reliable, or (iv.) the quality of any products, boxes, services, articles, information, or other material purchased or obtained by you through the service will meet your expectations
Limitation of Liability: You expressly understand and agree that Bloom Botanicals, Inc. will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Bloom Botanicals, Inc. has been advised of the possibilities of such damages, whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service, products; (ii) the cost of procurement of substitute goods and services resulting from any goods, subscriptions, offers, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. in no event will Bloom Botanicals, Inc. be liability to you for all damages, losses or causes of action.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the services. Any statements on this site or any materials or products (including ingredients) we distribute or sell have not been evaluated, approved or endorsed by any regulatory agency. The products on the site are not intended to diagnose, treat, cure or prevent any disease. The information on this site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a clinician or physician. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.
Termination: You agree that Bloom Botanicals, Inc., in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the service and remove and discard any content within the service, for any reason, including, without limitation, for lack of use or if Bloom Botanicals, Inc. believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of service, may be referred to appropriate law enforcement authorities. Bloom Botanicals, Inc. may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Bloom Botanicals, Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Bloom Botanicals, Inc. will not be liable to you or any third-party for any termination of your access to the service.
User Disputes: You agree that you are solely responsible for your interactions with any other user in connection with the service and Bloom Botanicals, Inc. will have no liability or responsibility with respect thereto. Bloom Botanicals, Inc.reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the service.
General: These Terms of Service constitute the entire agreement between you and govern your use of the service, superseding any prior agreements between you and Bloom Botanicals, Inc. with respect to the service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Maine without regard to its conflict of law provisions. The failure of Bloom Botanicals, Inc. to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the service.
Notice for California Users: Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210
Questions? Concerns? Suggestions? Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the service.