Match Maker Monkey

Terms of Use Agreement

By accessing and using the Bloomm website(“Site”)you accept this Agreement and agree to the conditions and terms contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. This Agreement applies whether or not you are a paying user of the site as all visitors to the site, whether paying or not, are considered"Users" of the Services for purposes of this Agreement. This Agreement includes BLOOMM’s Privacy Policy and our Dating Safety Tips,both which are referenced on the Site.This Agreement is a legal binding one which applies to all current features of the Site or modifications therein. At its discretion, BLOOMM reserves the right to cease offering any of its services and it shall not be liable to any user or third party for any changes to such services.

Please print a copy of this agreement for your records. To receive a non-electronic copy of this Agreement, please Contact Us or send a letter and self-addressed stamped envelope with sufficient postage to: BLOOMM, 922 NW Circle Blvd. Suite 160, PMB 135, Corvallis, OR 97330-1410. This Agreement may be modified by BLOOMM from time to time, such modifications to be effective upon posting by BLOOMM on the Site. If you do not accept and agree to be bound by all of the terms of this Agreement, then do not use the services or Site provided by Bloomm. If you have any questions regarding this agreement contact customer service by mail at Bloomm at 922 NW Circle Blvd. Suite 160, PMB 135, Corvallis, OR 97330-1410 or via email at support@bloomm.com

1. USE OF THE SITE Bloomm allows users to register for free. Free use allows the user to access some, but not all of the features of the Site. Free access does not include the ability to message other Usersor send gifts. To access all features of the Site including the ability to communicate with other users, you will need to upgrade to a Premium subscription. In addition, as a paying member, you will be able to communicate with all other paying users but you will be unable to communicate with any free users until if, or when, that user becomes a paying member. A user’s profile, whether paying or nonpaying, may appear on the Site even if that User is not active on the Site. You acknowledge that although a Member’s profile may be viewed, you may not (even as a paying user) be able to communicate with that Member if the user is not actively been using the Site. Eligibility to Use the Site In order to use the Site you certify that
1) you are at least 18 years old;
2) have never been convicted of a felony(or a crime that would be classified as a felony if committed in the United States of America).
3) are not currently court-ordered to complete an anger management program or previously court-ordered but failed to complete such program.
4) never been convicted of any sexual offence.
5) you are not required to register as a sex offender;
6) you have not previously been suspended or removed from the Site.
7) you are not using the Services for reasons as a competitor.
8) you are able and have the capacity to enter into this Agreement and to abide by the terms of this Agreement and
9) you are not under the control of, or a national or resident of any country which the United States has identified as a "Specially Designated National,” embargoed, or placed on the Commerce Department's Table of Deny Orders. In addition, if you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory or country from which you access or use the Site. YOU UNDERSTAND THAT BLOOMM DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS OR INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. BLOOMM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. Although BLOOMM does not routinely conduct criminal screenings of its users, you agree that BLOOMM has the right to do so at its sole discretion, and you consent to such screening and agree to provide to BLOOMM, upon request, complete, accurate and current information confirming your eligibility for use of the Services. You understand and agree that if BLOOMM believes that you have violated the terms of this Agreement or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, BLOOMM may, among other things, investigate, take legal action against you and/or terminate your account and cancel your subscription and/or membership.

2. LANGUAGE OF THE AGREEMENT

The language of this Agreement is in English. If BLOOMM has provided a translation of the English version of this Agreement to a different language, you agree that the translation is provided for your convenience only and that the English language version of this Agreement takes precedence if there is any questions regarding the different versions of the agreement.

ARBITRATION

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN BY JURY TRIALS OR CLASS ACTIONS.

User Account. Each User may create only profile for use of the Services. You understand that anyone may be able to view any information you choose to make publically available in the “First Peel” of the Site. You may not post any telephone numbers, street addresses, last names, URLs or email addresses in areas of your Member profile that may be viewed by other Users. You may be required to supply certain information and post a photo to use the Site.

Account Security/Interaction with other Users. As a User, you understand that you are responsible for maintaining the confidentiality of the username and password of your account, and you are fully responsible for all activities that occur under your username and password including any upgrades to premium service and purchase of any points. You agree to immediately notify BLOOMM if you believe there has been any unauthorized use of your username or password and that you will log out from the site. In addition, you agree to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You acknowledge that BLOOMM is not responsible for any loss or damage arising from the misappropriation of your username or password. We recommend that you use a strong password for your account andchange your password frequently.

3. RULES REGARDING INFORMATION POSTED BY OTHER USERS

Interactions with Other Users; Criminal Background Screenings. BLOOMM does not take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is BLOOMM responsible for any objectionable or inaccurate material posted that you may encounter. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK, including but not limited to all risks associated with any online or offline interactions with others, including dating. BLOOMM is not responsible for the conduct of any Member and User and under no circumstances shall BLOOMM (directly or indirectly) be liable for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site including, without limitation, emotional distress, death, bodily injury and/or any other damages resulting from communications or meetings with other Users or persons you meet through the Service. Bloomm does not make any representations, warranties or guarantees as to the conduct of its users, information provided by users, or their compatibility with you. You agree to take all necessary precautions when meeting other users, especially if you decide to communicate off the Site through email or if you decide to meet other Users or Members in person. IN ADDITION, YOU AGREE TO READ THE ONLINE DATING SAFETY TIPS Site before using and communicating with other Users and Members of this Site. These tips provide general advice aimed at online dating practices, such as not providing your last name, home address, place of work, financial information (such as your credit card number or your bank account number) to other users and terminating communications with Users who ask you for personal or financial information. There is no substitute for acting with caution when communicating with other Users who want to meet in person. You acknowledge that, currently, BLOOMM does not routinely screen its users, inquire into the background of its users, and attempt to verify information provided by its users or conduct criminal screenings of its users.Bloomm reserves the right, in its sole discretion, to conduct such inquiries or screenings (including the search of any sex offender registries). You further acknowledge that Bloomm is under no obligation to conduct any such investigations. You acknowledge that BLOOMM does not either expressly or impliedly guaranty, your ultimate compatibility with individuals you meet through this Site or that all members will be fun ones. Furthermore, you understand that you should not provide your financial information whether bank or credit card information to other Users or Members or wire or otherwise send money to any other Users of this Site. You acknowledge that not all users are available for matching and that BLOOMM may create test profiles or accounts to monitor the operation of the Services.

4. INFORMATION CONTAINED ON SITE

RULES REGARDING INFORMATION POSTED BY YOU ON THIS SITE You are solely responsible for all content and information that you post or otherwise communicate in any form on the Service or transmit to other Users, including but not limited to profile information, photographs, emails, whether publicly posted or privately transmitted. You represent and warrant that all information that you submit is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate or misleading.

DISCLAIMERS You acknowledge and agree that neither BLOOMM nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (I) any incorrect or inaccurate Content posted on the Site or provided in connection with the Service, whether caused by Users or any of the equipment or programming associated with or utilized in the Site or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, BLOOMM PROVIDES THE SITE AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BLOOMM DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE SITE OR IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU SHOULD NOT ACCESS THIS SITE.

Third Party Information From time to time, BLOOMM may make third party statements, advice or other third party information or content available on the Site and/or through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Bloomm does not: guarantee the accuracy of any third party content on the site or adopt, endorse or accept responsibility for the accuracy of any opinion or advice made. Bloomm shall not be responsible or liable for any loss resulting from your reliance on information or other content posted on the site or service. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Site or through the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. BLOOMM makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site or Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified expert.

REVIEW OF USER CONTENT BY BLOOMM

Although you understand and acknowledge that BLOOMM has no duty to monitor or edit the Content posted by other users and is not liable for content that is provided by others, you agree that BLOOMM may edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at yourexpense. This includes BLOOMM’s right to modify or crop any photos you submit to comply with BLOOMM’s policies, practices and procedures.In addition, BLOOMM may, but is not obligated to, monitor or review any Content posted by Users on the Site. BLOOMM may delete any Content, in whole or in part, that in the sole judgment of BLOOMM violates this Agreement or may harm the reputation of the Site

USER PROHIBITED CONTENT. The following is a non-exclusive of the kind of Content that is prohibited on the Site.

You may not post, upload, display or otherwise make available Content that:
  • 1) is false or misleading,

  • 2) is obscene, pornographic, defamatory, abusive, offensive, indecent, sexually oriented, harassing, inflammatory.

  • 3) is intended to, or does, harass, or intimidate any other user or third party.

  • 4) promotes or supports racism, bigotry, hatred of any kind against any person or group.

  • 5) contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian)or otherwise violates anyone's right of privacy or publicity.

  • 6) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page).

  • 7) provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18

  • 8) provides instructional information about illegal activities such as making or buying illegal weapons or drugs.


  • 9) contains viruses or other harmful or disruptive codes, or devices or encourages dissemination of such items.

  • 10) misrepresents connection or association withany person or entity;

  • 11) provides information or data you do not have a right to make post on the Sitethat may infringe or violate any intellectual or proprietary right of any party, including User Content that contains others' copyrighted content without obtaining proper permission first;

PROHIBITED ACTIVITIES

You agree that you will only use the Services, including the posting of any content through the Services, in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. The following is a list of prohibited activities that you the user may not do:
1)Collecting or sending unauthorized or illegal copies of another person’s copyrighted work or Advertising or soliciting commercial activities not authorized by BLOOMM.
2) Collecting user-names and/or email addresses of users for the purpose of sending unsolicited email or any unsolicited bulk e-mail or communications;
3) You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters, junk or spam email to other users.
4) Impersonating any person or entity;
5) Misleading other users as to your marital and/or divorced status;
6) Soliciting money from any users of the site or defrauding or deceiving other Users;
7) Engaging in any unlawful, harassing, obscene, intimidating, threatening, predatory or stalking conduct;
8) Expressing or implying that any statements you make are endorsed by BLOOMM without our specific prior written consent.
9)Asking or using member profiles to conceal the identity, source, or destination of any illegally gained money or products.
10) Using any manual or automatic device or process to in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
11) Emailing or otherwise transmitting any material that 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.
12) Collecting or soliciting personal information about anyone under 18;
13) Using the Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Services or interfere with or attempt to interfere with any other user's use of the Services;
14) Forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted to or through the Site or Service (either directly or indirectly through use of third party software) or"framing" or "mirroring" any part of the Service or the Site, without BLOOMM's prior written authorization.
15) Using meta tags or code or other devices containing any reference to BLOOMM, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of BLOOMM) to direct any person to any other Site for any purpose.
16) modifying adapting, sub-licensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so.
17) Posting, using, transmitting or distributing, directly or indirectly in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
18) Promoting or enabling illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
19) Violating someone's data privacy or data protection rights including disseminating another person's personal information without his or her permission, or collecting or soliciting another person's personal information for commercial or unlawful purposes;
20) Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
21) Impersonating any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
21) Making any commercial use of the Services or promote or solicit involvement in or support of a political platform, religion, cult, or sect;
22) Soliciting or engaging in gambling or any similar activity or any illegal or unlawful activity; use the Service to redirect users to other sites or encourage users to visit other sites;
23) Attempting to access any Services or area of the Sites that you are not authorized to access; or
24) Permitting or allow other people or third parties to access and use the Services via your account.
25) Posting, transmitting or delivering to any other user, either directly or indirectly, any User Content that violates any third-party rights or any applicable law, rule or regulations. 5. PERMISSION TO USE BLOOMM HYPERLINK You are granted a limited, freely revocable, non-exclusive right to create a text hyper-link to the BLOOMM Sites for non-commercial purposes, provided such link does not portray BLOOMM or its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site is not directed at children and does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use BLOOMM's logo or proprietary graphics to link to any BLOOMM Site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any BLOOMM trademark, logo or other proprietary information, including the images found in the Services, the content of any text or the layout/design of any page or form contained in the Services without BLOOMM's express written consent.
5. THIRD PARTY HYPERLINKS WITHIN BLOOMM SITE BLOOMM makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Sites accessible by hyperlink from the Services. Such sites are not under the control of BLOOMM and BLOOMM is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. BLOOMM provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by BLOOMM of any site or any information contained therein. You further acknowledge and agree that BLOOMM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such Site or resource.
6. TERMINATION Termination by BLOOMM. BLOOMM may suspend, deactivate or terminate your account and your right to use the Services and may block or prevent your access to and use of the Services at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation, blocking users or Users from certain IP addresses). In the event that we determine that your access to any of the Services is terminated or suspended for cause, such as due to any breach of this Agreement, flagged conduct or content, third party complaints or the implementation of our repeat infringer policy, you agree that all fees then paid to BLOOMM by you will be nonrefundable, except as otherwise provided by law. All decisions as to the refundability of the fees are in BLOOMM's sole discretion. Notwithstanding the foregoing, you may dispute any refunds of fees pursuant to the Arbitration Section of this Agreement.You agree that BLOOMM may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: comply with legal process; enforce this Agreement; respond to claims that any Content violates the rights of third parties; respond to your requests for customer service or allow you to use the Site in the future; or protect the rights, property or personal safety of BLOOMM or any other person. REPEAT INFRINGER POLICY BLOOMM reserves the right to terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers. BLOOMM may also, in its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Termination by You. You may cancel or modify your user-ship by accessing your account settings online or by sending BLOOMM written notice of cancellation to Bloomm at 922 NW Circle Blvd. Suite 160, PMB 135, Corvallis, OR 97330-1410 or email at support@bloomm.com BLOOMM will need a reasonable amount of time to process your cancellation. Your benefits as a User or Member continues until the end of your current subscription period, (if you have signed up for a subscription) at which time your benefits will expire. However, you will not be eligible for any refund for any portion of the subscription fees already paid for the current subscription period. Cancelling a subscription does not automatically remove your profile on the site and you will continue to be a Member in the Service and others may view your profile. After your usership terminates, the terms of this Agreement continue in full force and effect if applicable.As otherwise provided by law or under this Agreement, you will not be entitled to any refund of the fees you have paid to BLOOMM and all outstanding or pending payments under the terms of your subscription will immediately be due and payable. Survival. After your account is suspended, deactivated or terminated whether by Bloomm or by you, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. If BLOOMM has reason to belief you have breached the terms of this Agreement then the Company may terminate or suspend your usership or right to access the Site at any time without notice Upon such termination or suspension, you will not be entitled to any refund of unused subscription fees and, if applicable, all unpaid subscription amounts and other fees you owe will immediately be due. BLOOMM is not required to disclose, and/or may be legally prohibited from providing the reason for the termination or suspension of your account.
7. SUBMISSIONS TO BLOOMM WEBSITE License of User Content to BLOOMM. BLOOMM claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Services or in a separate agreement. If you choose to submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information relating to BLOOMM, whether posted to the Services or provided to BLOOMM by email or otherwise, are non-confidential and shall become the sole property of BLOOMM. BLOOMM at its sole discretion shall be entitled to the unrestricted use and dissemination of any Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You represent and warrant that the User Content and the public posting and use of your User Content by BLOOMM will not infringe or violate any third-party rights, including without limitation any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate the terms of this Agreement. You further represent and warrant that you have the written consent of each and every identifiable natural person in your User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. By posting User Content, you hereby release BLOOMM and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content. By posting Content on the Site or as part of the Service, you automatically grant to BLOOMM, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (I) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by BLOOMM will not infringe or violate the rights of any third party.
8. Social Networking Sites. When you have enabled the use of our Services through a third-party social networking or similar site or mobile or other application (a "Social Networking Site"), such as Facebook, Google+ or Twitter, you permit Bloomm to access certain information about you that is made available to Bloomm through or from that Social Networking Site. The information obtained by Bloommvaries by Social Networking Site and may be affected by the privacy settings you establish at that Social Networking Site, but can include information such as your name, profile picture, network, gender, username, user ID, age range or birthday, language, location, country, interests, contacts list, friends lists or followers and other information. By accessing or using our Services through a Social Networking Site, you are authorizing the Company to collect, store, retain and use, in accordance with ourPrivacy Policy, any and all of your information that BLOOMM has obtained from the Social Networking Site, including to create a Bloomm profile page and account for you. Depending on the Social Networking Site and your privacy settings, Bloomm may also post information to your Social Networking Site. Your agreement to the foregoing takes place when you "accept" or "allow" or "go to" (or other similar terms) our application on a Social Networking Site or the transfer of information to Bloomm from such site. If there is information about your "friends" or people you are associated with in your Social Networking Site account, the information we obtain about those persons may also depend on the privacy settings such people have with the applicable Social Networking Site. You acknowledge and agree that the Company not responsible for, and has no control over, any applicable privacy settings on any Social Networking Sites (including any settings related to any messages or advertisements about the Company that the Social Networking Site may send to you or your friends). You should always review, and if necessary, adjust your privacy settings on Social Networking Sites before getting or using applications such as ours or linking or connecting your Social Networking Site account to the Services. You may also unlink your Social Networking Site account from the Services by adjusting your settings on the Social Networking Site.
9. Subscriptions; Charges on Your Billing Account. Bloomm bills you through an online account (your "Billing Account") for use of the Service. You agree to pay BLOOMM all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize BLOOMM to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. BLOOMM may correct any billing errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, BLOOMM may in its discretion terminate your account immediately. If BLOOMM successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated. CANCELLATION. Your subscription will continue indefinitely if auto renewal is turned on. After your initial subscription commitment period, and again after any subsequent subscription period. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to "Account Settings" on the Site and follow the directions contained therein. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize BLOOMM to charge your Payment Method now and again at the beginning of any subsequent subscription period as long as autorenewal is on. You also authorize Bloommto charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Bloomm does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that Bloomm may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify BLOOMM if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at "Account Settings" on the Site. If you fail to provide Bloomm any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer. Modifications to Service. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Site or the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site or Service.
10. PROPRIETARY RIGHTS. Bloomm owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Site contains the copyrighted material, trademarks, and other proprietary information of Bloomm and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of Bloommor, if such property is not owned by Bloomm, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, designs, illustrations, Bloommlogos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof and User Content belonging to other users (the “Proprietary Materials”), and all intellectual property rights related thereto, are the exclusive property of Bloomm and its licensors (including other users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of Bloomm. If you become aware of any violation of any intellectual property laws (in particular in respect of User Content) you should report this to us by emailing support@bloomm.com, including your name and address, details of the location of the content in question and details of the unlawful nature of the activity or the content. COPYRIGHT INFORMATION
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site (and such description must be reasonably sufficient to enable BLOOMM to find the alleged infringing material, such as a url);
• your address, telephone number and email address;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notice of claims of copyright infringement should be provided to BLOOMM’s Copyright Agent at the following address: Copyright Agent c/o Bloomm Legal 922 NW Circle Blvd. Suite 160, PMB 135, Corvallis, OR 97330-1410 Corvallis, OR 97330 Or email at support@bloomm.com UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. Please note that this procedure is exclusively for notifying Bloomm that your copyrighted material has been infringed. The preceding requirements are intended to comply with Bloomm’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. TRADEMARKS "Bloomm," its logos and any other trade name or slogan contained in the Services are trademarks or service marks of Bloomm, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of BLOOMM or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BLOOMM and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
11. Indemnity by You. to the fullest extent allowed by applicable law, in no event will Bloomm, its affiliates, business partners, licensors or service providers be liable to you or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if Bloomm has been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, Bloomm's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Bloomm for the service during the term of usership. 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 site or service or the terms of this agreement must be filed within one year after such claim or cause of action arose or be forever barred. You agree to indemnify and hold BLOOMM, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the Site or as a result of the Service, and the violation of any law or regulation by you. BLOOMM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BLOOMM in connection therewith.
12. Notice. EMAILS &ELECTRONIC RECORDS When you register, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners. Please see the Company’s Privacy Policy for more information regarding these communications. From time to time, employees of Bloomm may create test dating profiles for the purpose of testing the functionality of our Service and Site processes to improve service quality for our Users. In addition, telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. Because the Services are provided electronically, you must consent to BLOOMM's providing important information electronically if you wish to use the Services. You consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively "Electronic Records"), rather than in paper form. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that BLOOMM may be required to provide to you. Electronic Records will be provided on our Sites and Services or sent to the email address associated with your account. You may wish to print out all Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us in writing at the address provided above. In order for you to access and retain Electronic Records sent by BLOOMM, you must have the following hardware and software: a computer or other access device capable of reading html and text files, a modem or other means of accessing the Internet, a browser capable of accessing and displaying the BLOOMM Site and the ability to receive and read emails. To print the Electronic Records, you will also need a printer. You may withdraw your consent to receive Electronic Records by contacting us in writing at the address provided above. However, the Services provided by BLOOMM are only available if you agree to receive Electronic Records, and you understand that withdrawing such consent will result in your account being deactivated.
13. Entire Agreement; Other. This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers on the Site, contains the entire agreement between you and BLOOMM regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of BLOOMM to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind BLOOMM in any manner. Amendment. This Agreement is subject to change by BLOOMM at any time. If you are a free User at the time of any change, the revised terms will be effective upon posting on the Site and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a paying Member at the time of any change, the then-existing Agreement will continue to govern your usership. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Arbitration and Governing Law. By using the Site or the Service in any manner,you agree that the exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including anyalleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. BLOOMM any class action, class arbitration, or other representative action or proceeding. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and BLOOMM (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Governing law and arbitration; waiver; indemnification Our goal is to resolve any disputes amicably and quickly and we encourage you to contact us and explain your complaint as soon as it arises. Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Bloomm. For any dispute with Bloomm you agree to first contact us within 30 days of when the dispute arises in writing at 922 NW Circle Blvd. Suite 160, PMB 135, Corvallis, or 97330-1410 and attempt to resolve the dispute with us informally. in the unlikely event that has not been able to informally resolve a dispute it has with you within 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief ) arising out of or in connection with or relating to this agreement, or the breach or alleged breach thereof (collectively, “claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“jams”) under the jams optional expedited procedures then in effect, except as provided herein. Jams may be contacted at www.jamsadr.com. You will have the right to participate in the selection of the arbitrator, who may be selected by mutual agreement of the parties or by the procedures provided by jams if the parties are unable to agree on an arbitrator. Unless the parties agree otherwise, the arbitrator Bloomm shall be an attorney licensed to practice in the location where the arbitration proceedings will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. The arbitration will be conducted in Benton County, Oregon, U.S.A. (or the nearest office to Benton County), unless you request a hearing in your hometown area or you and Bloommagree otherwise. The language to be used in the arbitral proceedings will be English, unless otherwise agreed by the parties. You will be responsible for paying any jams filing fees in accordance with jam’s rules. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorneys’ fees and your reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Bloommsubmit to the arbitrator and, if requested by either party or the arbitrator, a telephonic hearing. Class Action and Jury Trial Waiver. You and Bloommagree that any and all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Bloomm are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action or other representative proceeding. Indemnity. You agree to defend, indemnify and hold Bloomm, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, debts, expenses or demand, including reasonable attorney's fees, due to or arising from (I) your use of or access to the Services, including any data or content transmitted or received by you, or your inability to use the Services; (ii) any claim or damages that arise as a result of any of your User Content or any User Content that is submitted via your account (iii) your conduct in connection with the Services or our users, (iv) your violation of any of the terms of this Agreement, including without limitation your breach of any of the representations and warranties above, (v) your violation of any rights of a third party, including without limitation any right of privacy or intellectual property rights; (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code or (viii) your violation of any applicable laws, rules or regulations. Severability. If any clause within this Section is found to be illegal or unenforceable, that clause will be severed from this section and the remainder of the section will be given full force and effect, except that in the event of unenforceability of the Universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable. Governing Law. This Agreement shall be governed by the internal substantive laws of the State of Oregon, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that any claim or dispute you may have against BLOOMM must be resolved in a federal or state court located in Benton County, Oregon, USA (or the nearest court to this County) or as described in the Arbitration provision below. Both you and BLOOMM retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below including any provisional relief required to prevent irreparable harm. You agree that Benton County, Oregon, USA is the proper forum for any appeals of an arbitration award or in the event that the Arbitration provision below is for any reason held to be unenforceable. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against BLOOMM (except for small-claims court actions) may be commenced only in the federal or state courts located in near Benton County, Oregon. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. USE OF THE SERVICES User Conduct. BLOOMM is not responsible or liable in any manner for the conduct of its users, whether or not such conduct is in connection with the use of the Site or the Services. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK. Reporting Violations. If you wish to report any violation of this Agreement by others, including Users, you may do so by using the "Report This Profile" button or similar button or link on the Services or by contacting us here. PRIVACY Please refer to our Privacy Policy for information about how BLOOMM collects, uses, stores and discloses personally identifiable information from its users. You understand and agree that if you post any content, information or material of a personal or private nature in your profile or in any public areas of BLOOMM or post or provide to BLOOMM any information or content which is intended to be shared with other users, such content, information and materials will be shared with others accordingly, and you hereby consent to such sharing. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States or any other country in which we process your data or make the Services available. You also consent to receive emails from us in connection with the use or promotion of the Services. THIRD PARTY CONTENT Bloomm may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. BLOOMM does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that BLOOMM is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
14. Virtual Currency and Virtual Products. Typically, our virtual currency may be used to purchase certain features or virtual goods in connection with our Services. Virtual currency has no monetary value. Bloomm does not provide any monetary value to any virtual currency including and not limited to virtual points, credits Earned from the Site. General. If you purchase any Services that we offer for a fee (the "Paid Services"), such as a subscription to our Services or virtual Points (as described below), you authorize BLOOMM and our designated payment processors to store your payment information and other related information. You also agree to pay the applicable fees for the Paid Services (including without limitation periodic fees for ongoing subscriptions (the "Subscription Fees") as set forth on the Services) as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are nonrefundable and there are no refunds or credits for any partially used Paid Services (including partially used subscription periods) except (I) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at BLOOMM's sole and absolute discretion. Fees for the Paid Services may be payable in advance, in arrears, per usage or as otherwise described when you initially purchase the Paid Services. All prices for Paid Services are subject to change without notice. Payment Method. BLOOMM may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, by check, by certain mobile payment providers or by using PayPal. You authorize BLOOMM to charge you for Paid Services through any payment method(s) you select when purchasing the Paid Services (the "Payment Method") and you agree to make payment using such Payment Method(s) (we may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the "Payment Method Provider"). If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of the Paid Services reaffirms that we are authorized to charge your Payment Method. Current Information Required. You agree to provide current, complete and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number or credit card expiration date) as necessary for the processing of all payments that are due to Bloomm. You agree to promptly notify the Company if your Payment Method is canceled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your Payment Method. If you fail to provide any of the foregoing information, you acknowledge that your current Payment Method may continue to be charged for Paid Services and you remain responsible for all such charges. Change in Amount Authorized. If the total amount to be charged varies from the amount you authorized when purchasing any Paid Services (other than due to the imposition or change in the amount of taxes, including without limitation sales and use taxes, duties or other governmental taxes or fees), BLOOMM will provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. If you do not cancel your Paid Services before the increased price goes into effect, you agree to pay the increased price for the Paid Services. You agree that BLOOMM may accumulate charges incurred and submit them as one or more aggregate charge during or at the end of each billing cycle. BLOOMM will inform you of any additional charges that are accumulated. Incorrect Payments and Errors. In the event that you submit to us a payment for Paid Services that does not match the price for the Paid Services you selected, the Company shall have the right, in its sole and absolute discretion, to (1) return or refund all or some of the amount of your payment, (2) apply all or some of your payment amount to other similar Paid Services that have a purchase price less than the amount of your payment, (3) apply all or some of the amount of your payment to the purchase of our virtual currency or (4) apply your payment in any combination of the foregoing ways. Bloomm reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
15. MOBILE SERVICES You may access and use certain features of the Services using certain mobile devices, including through our SMS service (the "Mobile Services") once these become available to our Users. Your access and use of the Mobile Services is subject to the terms and conditions of this Agreement, including without limitation the terms and conditions regarding the use and submission of User Content, as well as any Additional Terms presented to you for your acceptance when you sign up to use our Mobile Services. Please note that by accessing or using the Mobile Services, your carrier's normal rates and fees, such as standard message and data rates, still apply and you are solely responsible for the payment of those fees. In the event you change or deactivate your mobile telephone number, you agree to update your account information on BLOOMM within 48 hours to ensure that your messages are not sent to the person who acquires your old number. DOWNLOADABLE APPLICATIONS/MOBILE SOFTWARE Mobile Software. Bloomm.com has not as of August 10, 2015 created any downloadable mobile software for mobile phones or tablets or other mobile devices. Such software when developed will have applicable rules added to these terms of conditions. The User of this site understands that no such software is currently available.
16. VIRTUAL GOODS AND CURRENCY TERMS OF USE Virtual Currency and Virtual Products. Typically, our virtual currency may be used to purchase certain features or virtual goods in connection with our Services. Any virtual currency you receive as a promotion from us will be subject to the terms of our Virtual Goods and Currency Terms of Use. Virtual currency has no monetary value. Bloomm does not provide any monetary value to any virtual currency including and not limited to virtual points, credits Earned from the Site. PLEASE READ THESE VIRTUAL GOODS AND CURRENCY TERMS OF USE CAREFULLY. BY MAKING A PURCHASE OR USING OUR VIRTUAL PRODUCTS, SERVICES OR CURRENCY, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PURCHASE OR USE OUR VIRTUAL PRODUCTS, SERVICES OR CURRENCY. Certain virtual products and services ("Virtual Goods") and virtual currency ("BloommPoints") may be made available to you from time to time by Bloomm, Inc. or its subsidiaries or affiliated companies (collectively, "us", "we" or "Bloomm") through our websites, products, applications, which include mobile applications and applications available on social networking sites and other platforms, and services (collectively, the “Services”). Your purchases and uses of Virtual Goods and BloommPoints through our Services are governed by these Virtual Goods and Currency Terms of Use (“VGC Terms of Use”) and by the Bloomm Terms of Use, which is incorporated herein by reference. These VGC Terms of Use set out the legally binding terms for your purchase and use of our Virtual Goods and BloommPoints and may be modified by us from time to time by posting the revised VGC Terms of Use on the applicable Service. Such changes shall apply to any purchases made after such changes are posted. Therefore, you should review these VGC Terms of Use prior to each purchase so you will understand the terms applicable to such transaction. If you have any questions about these Terms of Use, you may contact us by writing to us at: Bloomm, Inc., Attn: Virtual Gifts, 922 NW Circle Blvd. Suite 160, PMB 135, and Corvallis, OR 97330-1410. PURCHASES To purchase any of our virtual products or services, you must be a registered user of our Services and comply with these Terms of Use. PAYMENT By submitting an order for our Virtual Goods or BloommPoints through our Services, you authorize Bloomm, or its designated payment processors, to charge the account you specify for the purchase amount. All prices we show on our Services are subject to change without notice. When you provide your payment information, including any credit card number, to us or our designated payment processors, you authorize us or our designated payment processors to store payment information and other related information. TAXES You will be responsible for any applicable sales or use taxes, duties, or other governmental taxes or fees payable in connection with your purchase of Virtual Goods or BloommPoints. If you do not pay such sales or other tax or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such purchases, and we reserve the right to collect such taxes or other fees from you at any time. BLOOMMPOINTS In our sole discretion, we may offer you the opportunity to obtain and redeem BloommPoints for use with our Services. We may charge fees for the right to use BloommPoints, or we may distribute the BloommPoints without charge, each in our sole discretion. When you redeem BloommPoints, we will redeem BloommPoints that you have purchased before redeeming BloommPoints that you have obtained on a promotional basis, or otherwise without charge. We have no obligation to continue offering any feature or function through the Services, including any feature or function that enables the use or redemption of BloommPoints. Your BloommPoints will be stored in an account for you. The BloommPoints may be redeemed solely by Bloomm through our Services, cannot be transferred to any other user or third party, cannot be redeemed for cash and are non-refundable except (I) as required by law or (ii) at our sole and absolute discretion. We may further restrict your ability to redeem your BloommPoints based on your place of residence. For clarification, although you may buy BloommPoints via mobile services, the BloommPoints are not redeemable for content or services offered by any carrier. While the BloommPoints you purchase do not expire, you acknowledge and agree that if your account becomes Inactive (as defined below) or is deactivated (as described below), we may, without further notice to you, redeem all paid BloommPoints remaining in your account for any Virtual Goods (as defined below) we select, in our sole discretion, and distribute such Virtual Goods, as applicable, to your "friends" (and, if you have no "friends" to any other users that we may identify, in our sole discretion). For purposes of this Section 4, the term "Inactive" means that, based on our records: (a) for a period of two (2) years, or more, you have not logged into your Bloomm account; or (b) we have been unable to reach you to verify that you intend to continue use of your account. BloommPoints that are obtained on a promotional basis, or otherwise without charge, may expire, be redeemed or removed from your account or be subject to other limitations at Bloomm’s sole discretion, including without limitation the actions described above if your account becomes inactive or is deactivated. If you deactivate your Bloomm account pursuant to the Bloomm Terms of Use, your ability to redeem BloommPoints may be terminated, without any right to refund or any other compensation for you. When we cancel or terminate access to your BloommPoints account balance for violating these VGC Terms of Use or the Bloomm Terms of Use, your right to use your BloommPoints account balance immediately ceases. Further, we may suspend or otherwise limit your access to your BloommPoints if we suspect, in our sole discretion, fraudulent, abusive or unlawful activity associated with your account. When we suspend or limit access to your BloommPoints account balance, your right to use your BloommPoints account balance immediately ceases. We may limit your use of the BloommPoints service by applying limits to: the number of BloommPoints you may have credited to your BloommPoints account balance at one time; the number of BloommPoints you may redeem within a given time period (for example, one day); the number of promotional BloommPoints you may obtain in a single event; and other features and uses determined by us in our sole discretion. If we post BloommPoints to your account for an activity that is subsequently voided or canceled or that involves a returned item, then we will remove those BloommPoints from your account. You must ensure that we properly post your BloommPoints to your BloommPoints account. If you believe that you have validly acquired BloommPoints that we have not posted to your BloommPoints account, you must contact us within one hundred twenty (120) days after the date you claimed to have acquired those BloommPoints. We may require reasonable documentation to support your claim. VIRTUAL GOODS In our sole discretion, we may offer you the opportunity to redeem BloommPoints for access to certain Virtual Goods through our Services. As part of these Services, and subject to the Bloomm Terms of Use we grant you a limited, non-transferable, revocable license to use the Virtual Goods through our Services and send them to other users for use through the Services. Regardless of the use of the terms "purchase," "buy," "sell," "order" or the like on our Services or in these Terms of Use, you do not own any Virtual Goods and acknowledge that the Virtual Goods are a service of Bloomm and that you have only a license to use the Virtual Goods in accordance with these VGC Terms of Use. All use of the Virtual Goods is for personal, non-commercial use only. We will use commercially reasonable efforts to make Virtual Goods you have purchased available for use within a reasonable period of time after purchase. If you violate the Bloomm Terms of Use or deactivate your Bloomm account, our offering of Virtual Goods, and your license to any Virtual Goods, may also be cancelled, without any right to compensation for you. At our discretion, we may revise, discontinue, or modify Virtual Goods at any time without notification to you. We will have no liability of any kind if a product or service that you have ordered is unavailable. If necessary, we reserve the right to substitute items of equal or greater value when an item or service is unavailable or we may cancel your purchase.The length of time you or your recipients may have access to Virtual Goods you purchase will be determined by us in our sole discretion. The images and other content included as part of Virtual Goods is part of our Proprietary Materials (as defined in the Bloomm Terms of Use) and is subject to all terms and conditions regarding such Proprietary Materials as set forth in the Bloomm Terms of Use. In addition, any message or other content that you may include with Virtual Goods must comply with all terms and conditions regarding content as set forth in the Bloomm Terms of Use. Without limiting any of the foregoing, neither you nor any potential recipient of a Virtual Good may reproduce, distribute, transfer, modify or otherwise use Virtual Goods in any manner other than as expressly authorized by Bloomm. ERRORS While we attempt to be as accurate as possible and eliminate errors associated with our Services, we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on our Services, in an order confirmation, in processing an order, delivering a Virtual Good or BloommPoints or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and provide you with a merchandise or service credit (including issuing, at our option, BloommPoints as described above), with a value at least equal to the amount charged to you. We reserve the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a credit as set forth above. To request a credit, click here (make sure you choose the topic “Billing Questions” in the form). You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first occurs. If you do not tell us within this time, we will not be required to correct the error. DISCLAIMERS All products and services made available through the our services, including Bloomm points and virtual goods, are provided "as-is" and Bloomm, on behalf of itself and its licensors and suppliers, disclaims any and all representations and warranties, whether express or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of products or services. we do not represent or warrant that products, services or any part thereof, are accurate, complete, reliable, current or error-free or that products or services that are downloaded through our services are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such content or materials and use industry-recognized software to detect and disinfect viruses. Bloomm provides the sites, the proprietary materials and the services on an "as is" and "as available" basis. to the maximum extent permitted under applicable law, we expressly disclaim any warranties or representations of any kind, whether express, implied, statutory or otherwise with respect to the services (including all proprietary materials and other information and content contained therein), including any implied warranties of merchantability, title, accuracy, fitness for a particular purpose or non-infringement. Bloomm does not represent and warrant that (a) your use of the services will be secure, uninterrupted, complete, always available, and error-free or will meet your requirements, (b) any defects in the services will be corrected or (c) the services are free of viruses or other harmful components. The company disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the services or the delivery of any messages. Bloomm does not have any obligation to verify the identity of or screen the persons subscribing to or using the services, nor does it have any obligation to monitor the use of the services by other users of the community. Therefore, the company disclaims all liability for your interactions with and the conduct of other users and for identity theft or any other misuse of your identity or information. Bloomm does not: (I) adopt, endorse or accept responsibility or liability for the conduct of any users or users or for the accuracy or reliability of any opinion, advice, or statement made by any party other than Bloomm. (ii) guarantee the accuracy, completeness or usefulness of any information on the services, or under no circumstances will the company be responsible for any loss, damage or harm of any kind resulting from any user conduct or from anyone's reliance on information or other content posted on the services, or transmitted to or by any users. Some countries and jurisdictions do not allow the disclaimer of implied warranties and terms in contracts with consumers and as a result the contents of this section may not apply to you. Limitation of liability to the maximum extent permitted by applicable law, in no event will Bloomm or its directors, employees, agents, or licensors and suppliers be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your purchase or use of any virtual goods or Bloomm points, or other products or services, including virtual goods, even if Bloomm is aware or has been advised of the possibility of such damages. Bloomm’s and its licensors’ and suppliers' total cumulative liability in connection with this agreement, whether in contract or tort or otherwise, shall not exceed the amounts you paid for the products or services and shall in no event exceed $100. Some jurisdictions 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 may have additional rights. to the maximum extent permitted by law, in no event shall Bloomm, its affiliates, directors, users, employees or agents be liable for any special, consequential or indirect damages, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or relating to the use of or inability to use the services, or the proprietary materials contained in or accessed through the service, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Bloomm, or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Bloomm's records, programs or services. Under no circumstances will Bloomm's aggregate liability, in any form of action whatsoever in connection with this agreement or the use of the services, exceed the greater of (1) the aggregate amount of fees for paid services paid by you during the immediately preceding six months or (2) $50. to the maximum extent permitted by applicable law, in no event shall Bloomm be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the services, including without limitation, bodily injury, emotional distress, identity theft and/or any other damages resulting from communications, meetings or other interactions with other users of the services. This includes any claims, losses or damages arising from the conduct of users who have registered under false pretenses or who attempt to defraud or harm you. Some countries and jurisdictions do not allow the limitation or exclusion of liability in contracts with consumers and as a result the contents of this section may not apply to you.
17. SPECIAL STATE TERMS The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin: You may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: Bloomm, Attn: Cancellations, 922 NW Circle Blvd. Suite 160, PMB 135, Corvallis, OR 97330-1410. Please include your name, address, telephone number, username and email address in any correspondence or your refund may be delayed. If you cancel, Bloomm will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such three day period, we will refund the full amount of your subscription. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of BLOOMM) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing BLOOMM notice at the same address as listed above. In addition to the cancellation procedure, if you are a BLOOMM paying user in one of the following states (as determined by the zip code you use at the time of your subscription), you have the right to cancel your subscription in accordance with the applicable terms described below for such state. The date of your subscription is the date that you sign up for the subscription through our Services. Upon cancellation of Bloomm your subscription benefits will terminate immediately. Arizona. You have the right to cancel your subscription, without any penalty or obligation, within three business days, excluding Sundays and holidays, following the date you became a subscriber. A signed written notice of cancellation (which includes your name, address, telephone number, username and email address in any correspondence) must be sent by certified mail to Bloomm Attn: Refund Request, 922 NW Circle Blvd. Suite 160, PMB 135, Corvallis, OR 97330-1410, or personally delivered to our offices at that address. Monies paid pursuant to any subscription for dating services shall be refunded within 30 days of receipt of the notice of cancellation. California. You have the right to cancel your subscription, without any penalty or obligation, at any time until midnight of the third business day after the day on which you subscribe to any Paid Services. To cancel your subscription, mail or deliver a signed and dated notice (which includes your name, address, telephone number, username and email address in any correspondence) to Bloomm, Attn: Refund Request, 922 NW Circle Blvd. Suite 160, PMB 135, Corvallis, OR 97330-1410, or send an email which states that you are cancelling your subscription or words of a similar effect. Notice of cancellation if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. All moneys paid pursuant to any subscription for dating services shall be refunded within 10 days of receipt of the notice of cancellation. California. The following additional provisions(s) apply if you are a California subscriber (as determined by the zip code you use at the time of your subscription): If by reason of death or Disability (as defined below) you are unable to receive all services for which you have contracted, you and your estate may elect to be relieved of the obligation to make payments for the Services other than those received before death or the onset of disability. If you have prepaid any amount for Services, so much of the amount prepaid that is allocable to Services that you have not received shall be promptly refunded to you and your representative. "Disability" means a condition which precludes you from physically using the Services specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. The written verification of the physician shall be presented to BLOOMM. If the physician determines that the duration of the disability will be less than six months, we may extend the term of the contract for a period of six months at no additional charge to you in lieu of cancellation. You acknowledge that the Services are accessible online and are offered in many locations internationally and that therefore, there is no physical dating service office. Thus, you acknowledge and agree that for purposes of California Civil Code¬§ 1694.3(b), the term "Dating Service Office" shall mean any location where the Services are available. If you relocate your primary residence further than 50 miles from Bloomm's Dating Service Office and you are unable to transfer the contract to a comparable facility, you may elect to be relieved of the obligation to make payment for services, other than those received prior to that relocation. Upon such election, if you have prepaid any amount for dating services, so much of the amount prepaid that is allocable to services that you have not received shall be promptly refunded to you If you elect to be relieved of further obligation pursuant to this subdivision, Bloomm's may charge you a fee of $100.00 or, if more than half the life of the contract has expired, a fee of $50.00, not to exceed the amount of the refund to which you are entitled. Such fee shall be deducted from any refund which Bloomm required to make to you. Connecticut. NOTICE OF CANCELLATION you may cancel this contract, without any penalty or obligation, within three business days after your receipt of this contract by mailing this signed and dated notice of cancellation by certified or registered united states mail to the seller at the following address: Bloomm, Inc., Attn: Refund Request, 922 NW Circle Blvd. suite 160, PMB 135, Corvallis, or 97330-1410. If you cancel, any payments made by you under the contract will be returned within ten business days following receipt by the seller of your cancellation notice. Include your Bloomm user name and the email address used to register for the services with such notice. Illinois. You have the right to cancel your subscription, without any penalty or obligation, within three business days after the first business day after the date you became a subscriber. A written notice of cancellation (which includes your name, address, telephone number, username and email address in any correspondence) must be sent by certified or registered mail to BLOOMM, Attn: Refund Request922 NW Circle Blvd. Suite 160, PMB 135, and Corvallis, OR 97330-1410. Monies paid pursuant to any subscription for dating services shall be refunded within 30 days of receipt of the notice of cancellation. Illinois. The following additional provision(s) apply if you are an Illinois subscriber (as determined by the zip code you use at the time of your subscription): You acknowledge that the Services are accessible online and are offered in many locations internationally and that therefore, there is no physical dating service office. Thus, you acknowledge and agree that for purposes of the Illinois Dating Referral Services Act, the location of an "enterprise" shall mean any location where the Services are available. If you relocate your primary residence to a location that is more than 25 miles from where our Services are comparably offered, you may cancel this contract and shall be liable only for that portion of the charges allocable to the time before reasonable evidence of the relocation is presented to BLOOMM plus a fee equal to the lesser of (1) 10% of the unused balance or (2) $50. Such fee shall be deducted from any refund which BLOOMM is required to make to you. If by reason of death you are unable to receive all services for which you have contracted, your estate may elect to be relieved of the obligation to make payments for the Services other than those received before death. We shall have the right to require and verify reasonable evidence of the death. Iowa. Notice of Cancellation. You have the right to cancel your subscription, without any penalty or obligation, at any time prior to midnight of the third business day after the date you became a subscriber. A signed and dated written notice of cancellation (which includes your name, address, telephone number, username and email address) must be mailed or delivered to BLOOMM, Inc., Attn: Refund Request, 922 NW Circle Blvd. Suite 160, PMB 135, Corvallis, OR 97330-1410 or send an email. Monies paid pursuant to any subscription for dating services shall be refunded within 10 business days of receipt of the notice of cancellation. Minnesota. USERS' RIGHT TO CANCEL If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to us. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you became a subscriber. The notice must be delivered or mailed to: BLOOMM, Inc., Attn: Refund Request, 922 NW Circle Blvd. Suite 160, PMB 135, and Corvallis, OR 97330-1410. If you cancel, we will return, within ten days of the date on which you give notice of cancellation, any payments you have made. Include your name, address, telephone number, username and email address New York. The following additional provisions(s) apply if you are a New York subscriber (as determined by the zip code you use at the time of your subscription). If you subscribe for any Paid Services, Bloomm will provide a minimum of one match to you each month. In the event we do not provide at least one match for two or more successive months, you shall have the option to cancel this agreement by notifying us in writing at the address stated in this Agreement and to receive a refund of all monies paid pursuant to the cancelled contract; provided, however, that Bloomm shall retain as a cancellation fee 15% of the cash price or a pro rata amount for the number of referrals furnished to you, whichever is greater. This shall be your sole remedy for failure to provide the minimum number of referrals. Except in connection with any merger, sale of company assets, reorganization, financing, change of control or acquisition of all or a portion of Bloomm’s business by another company or third party or in the event of bankruptcy, Bloomm will not without the prior written consent of the purchaser sell, assign or otherwise transfer for business or for any other purpose to any person any information and material of a personal or private nature acquired from a purchaser directly or indirectly including but not limited to answers to tests and questionnaires, photographs or background information. You acknowledge and agree that if you post any information, including photographs, to the Services for posting on your profile or other areas of the Services, such information will be publicly accessible, and you are consenting to the display of such information on the Services. If you permanently relocate your primary residence further than 50 miles from any area in which Bloomm offers the Services, you may elect to terminate your subscription by notifying us in writing at BLOOMM, Inc., Attn: Refund Request, 922 NW Circle Blvd. Suite 160, PMB 135, Corvallis, OR 97330-1410. Upon such election, your subscription benefits will cease and you will receive a prorated refund of the Subscription Fee paid, less a termination fee of $50.00, not to exceed the amount of the refund to which you are entitled. You have the right to place your subscription on hold for a period of up to one year at any time. To do this, you must notify Bloomm in writing (which includes your name, address, telephone number, username and email address at Bloomm ATTN: REFUND REQUEST, 922 NW Circle Blvd. Suite 160, PMB 135, Corvallis, OR 97330-1410. you may cancel this contract, without any penalty or obligation, within three (3) business days after the date of this contract by mailing this signed and dated notice of cancellation by certified or registered united states mail to the seller at Bloomm, Attn: Refund Request, 922 NW Circle Blvd. suite 160, pmb 135, Corvallis, or 97330-1410. If you cancel, any payments made by you under the contract will be returned within ten (10) business days following receipt by the seller of your cancellation notice. Include your name, address, telephone number, username and email address Ohio. The following additional provision(s) apply if you are an Ohio subscriber (as determined by the zip code you use at the time of your subscription). If by reason of death or disability you are unable to receive the benefits from the Services, the contract shall be proportionally divided by all of the days in which the Services were made available to you as part of the contract offering, and you shall be liable for payments only for that portion of the contract that can be attributed to the period prior to your actual death or disability, exclusive of any period of time in which the Services were made available to you free of charge as part of the contract offering, and within 30 days after receiving notice of your death or disability, we shall refund your representative or you the amount paid in excess of the proportional amount. We shall have the right to require and verify reasonable evidence of the death or disability. If you relocate your residence 25 miles or more from any area in which Bloomm offers the Services, you may elect to terminate your subscription by notifying us in writing at Bloomm Attn: Refund Request, 922 NW Circle Blvd. Suite 160, PMB 135, Corvallis, OR 97330-1410 of your intention to relocate and requesting that the contract be terminated. Upon such election, your subscription benefits will cease and you will receive a prorated refund of the Subscription Fee paid. You may cancel your subscription for any reason, without any penalty or obligation, until midnight of the third business day after the date you became a subscriber, or if the Services are not available when you became a subscriber, you may cancel your subscription prior to midnight of the seventh business day after the date on which you receive your first Service. A written notice of cancellation (which includes your name, address, telephone number, username and email address in any correspondence) must be sent by certified mail, return receipt requested, or delivered to BloommAttn: Refund Request, 922 NW Circle Blvd. Suite 160, PMB 135, Corvallis, OR 97330-1410 or send a telegram. Notice of cancellation by certified mail is effective upon the date of post marking. Delivery is effective when delivered to the address above. Rhode Island. NOTICE OF CANCELLATION You may cancel your subscription at any time prior to midnight of the third business day after you became a subscriber by mailing, by certified or registered United States mail, a signed and dated copy of this Notice of Cancellation at Bloomm Attn: Refund Request, 922 NW Circle Blvd. Suite 160, PMB 135, Corvallis, OR 97330-1410. If you cancel under this provision, any payments made by you will be returned within ten (10) business days following receipt by the seller of your cancellation notice. Include your Bloomm user name and the email address used to register for the Services with such notice. Wisconsin. CANCELLATION AND REFUNDS RIGHT TO CANCEL. You are permitted to cancel your subscription until midnight of the 3rd day after the date on which you signed the contract. If within this time period you decide you want to cancel this contract, you may do so by notifying Bloomm by any writing mailed or delivered to Bloomm at the address shown on the contract, within the previously described time period. If you do so cancel, any payments made by you will be refunded within 21 days after notice of cancellation is delivered, and any evidence of any indebtedness executed by you will be canceled by Bloomm and arrangements will be made to relieve you of any further obligation to pay the same. Include your Bloomm user name and the email address used to register for the Services with such notice.

MISCELLANEOUS

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BLOOMM without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. You agree that this Agreement, together with the Privacy Policy and any Additional Terms, contains the entire agreement between you and BLOOMM regarding the use of the Services and supersedes all prior agreements and understandings (including without limitation any prior versions of this Agreement), except to the extent that the parties have entered into a separate written agreement applicable to the Services that expressly governs over this Agreement. If any provision, or any portion thereof, of this Agreement is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect, except that in the event of unenforceable of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable. The failure of BLOOMM to exercise or enforce any right or provision in this Agreement shall not operate as a waiver of such right or provision. Other than any entities that BLOOMM owns a 50% or greater interest in, or as otherwise set forth herein, there are no third-party beneficiaries to this Agreement and no third party who is not a party to this Agreement shall have any right to enforce any term of this Agreement.