Terms of Service

 Last updated June 3rd 2021

Thank you for your interest in the Blooming Health’s Support Service for older adults and for choosing to be a part of our community.   

SCOPE; ACCEPTANCE OF TERMS

Blooming Health is owned by Blooming Health, Inc. a Delaware corporation (“BH”, “we”, “us”, or “our”) and our goal is to strengthen the social connections of older adults at scale. We are here to help connect you to social activities and programs of interest using a simple cellphone-based interface. We are delivering this service in partnership with your designated community organization (“community center” or “community partner”) through whom you will sign up for this service. 

Before using or accessing our website or the text messaging, email, and phone call-based social connection services operated by Blooming Health (the “Services”), please read the following. By accessing or using the Services you agree to these Terms of Service (“Terms of Service”) and our Privacy Policy (“Privacy Policy”; and together with the Terms of Service, “Terms”) described below which govern the use of our Services by you, whether in connection with a paid subscription or a free offering of the Services. These Terms also apply to the third parties who coordinate the delivery of our Services to you, like family, friends and caregivers.  

Our Privacy Policy  describes what information we collect through the Services, and explains how we use, transfer, and store your information after we collect it. The Privacy Policy informs you if and to whom we disclose any of that information, and what choices you have in how we use that information. We hope that knowing how and why we use data will help you make an informed choice about using the Services. We respect your privacy and are committed to protecting your personal information and your right to privacy. 

By accessing or using the Services, or by clicking to accept or agree to the Terms when this option is made available, you agree to be bound by these Terms.  The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

If you have any questions or concerns about these terms, please contact our customer team at team@gobloominghealth.com. If you no longer wish to receive messages from BH, you may opt out at any time by informing the site staff at your community center.

CONSENT; CHANGES TO TERMS

We care about you, and we want to be thoughtful about the Terms and how BH works. So, these terms may be changed from time to time, in our sole discretion. Any changes will be effective immediately upon our posting them to our website at www.gobloominghealth.com  (“Website”). Continuing to use the Services after we have changed the Terms will mean that you accept the revised Terms.

When you initially enroll to receive BH service, you’ll receive an automated welcome text message with a link to our current Terms so you may review them before continuing to use the Services. Using the Services after receiving those text messages will mean that you accept the Terms then in effect.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You should 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.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

NATURE OF THE SERVICES

Our Services are intended to empower you to connect with others and attend social programs and activities that enable you to build strong social connections. However, please remember any content or information provided via this service is for informational purposes only and is not a substitute for legal, financial, professional, or medical advice or diagnosis or treatment. Our Services are not intended to diagnose, treat, cure, or prevent any disease. Using the BH service is not a substitute for professional health care, mental health treatment, psychiatric care, or therapy of any kind. If you are experiencing a clinical or long-term issue, please consult a medical professional. In cases of medical emergency, you should immediately call your doctor or 911. 

INTELLECTUAL PROPERTY RIGHTS

The Services, Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by BH, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials from this site or service.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site or service.
  • You must not access or use for any commercial purposes any part of the Website or materials available through the Website or our Services. 

TRADEMARKS

The “Blooming Health” brand name, the BH logo, and all related names, logos, product and service names, designs, and slogans are trademarks of BH or its affiliates or licensors. You must not use such marks without the prior written permission of BH. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

PHONE, TEXT, EMAIL, AND MOBILE COMMUNICATIONS 

The Service involves recurring mobile messages, emails, or phone calls based on your interaction with Us, and sharing hyperlinks to information or programs via these communications. Please note that messaging, phone call, internet, or data rates may apply to an End User based on their use of our Service. Through the meeting links we share for content, you may be accessing the information or programs on the internet. This could incur additional charges based on your internet service subscription.  

By providing us with your wireless phone number, you confirm and consent to us communicating with you to deliver the Services by SMS, text message and other electronic means, including autodialed text messages containing Service information, even if your phone number is on the do-not-call list. Your carrier’s normal messaging, data and other rates and fees will apply to these communications. You may opt-out of receiving these messages at any time.  In the event you deactivate a mobile phone number provided to us, you agree to update your account information promptly to ensure that messages are not sent to the person who acquires your old number.

RISKS, USE OF SERVICES

You assume all risks for use of the Services. We are not responsible for any health problems that may result from exercise programs or events you learn about through our Service. If you engage in any exercise program you receive or learn about through our Service, you agree that you do so at your own risk and are voluntarily participating in these activities. Neither BH nor any of our employees, agents, service providers, or any other entities with whom BH has contracted shall have any liability for or in connection with (1) actions taken or not taken by you or a third party, during, after, or as a result of your use of the Services, or (2) the unavailability of the Services. You agree to indemnify us and hold us harmless for damages arising out of (A) your use of the Services, (B) your breach of these Terms, (C) your violation of the law, (D) claims asserted by third parties that you are in breach of these Terms or (E) information provided by you to BH. Additionally, in no event will BH be liable for any special, incidental, consequential, exemplary, or indirect damages.

The Services are provided on an “as is” basis and “as available” basis. 

We do the best we can and are constantly improving, but can’t make any guarantees. BH and its service providers expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the above, BH and its service providers make no warranty that BH will (A) meet your requirements; (B) be uninterrupted, timely, secure, or error-free; or (C) meet your expectations. The foregoing disclaimers of liability apply to all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect or delay in operation or transmission, whether for breach of contract, tortious behavior, including negligence, or any other cause of action.

PROHIBITED USES; RIGHT TO TERMINATE ACCESS

You agree to use our Services only for lawful and legitimate purposes and in accordance with these Terms. You agree not to use the Services:

  • in any way that violates any applicable federal, state, local, or international law or regulation;
  • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
  • to threaten, harass, or otherwise inappropriately abuse BH, its employees, partners, agents, contractors, volunteers, or others;
  • to send, knowingly receive, upload, download, use, or re-use any content which does not comply with these Terms;
  • to “spam,” gather or attempt to gather personal information belonging to users or others for the purposes of spamming, marketing, selling to third parties, or otherwise abusing BH, our Services, or our users;
  • to impersonate or attempt to impersonate another person or entity;
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm BH or users of the Services, or expose them to liability;
  • to copy, adapt, decompile, reverse engineer, attempt to discover the source code of or make derivative works of the Services or any portion of the Services; or
  • to otherwise attempt to interfere with the proper working of BH or the Services.

BH reserves the right to terminate your access to the Services if you violate these Terms, including doing anything on the list above.

BH may unilaterally terminate your access to the Services. We also may adjust your access if we determine that you’d be better served by a different kind of support.

BH further reserves the right to terminate the Services or your access to them for any other reason, at our sole discretion.

THIRD PARTY SERVICES

You may contact us through a third-party website, application or service (“Third Party Service”), such as your local phone carrier. If you contact us through a Third Party Service (A) both BH and the third party that runs the Third Party Service may have access to the content of the messages you share and (B) your information. Moreover, these Terms only apply to you and BH. We are not responsible for, and make no representations regarding, the policies or practices of any Third Party Service. If you contact us through a Third Party Service, you are subject to these Terms as well as the terms and policies of the Third Party Service. We encourage you to review the terms and policies of any Third Party Service you use to contact BH. If you do not wish to be subject to a Third Party Service’s terms or policies, please do not sign up for our Services.

LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GOVERNING LAW AND JURISDICTION; INTERNATIONAL USERS

These Terms and the provision of the Services are governed solely by, and shall be interpreted according to, the laws of the State of New York without giving effect to New York’s conflicts of law rules. BH and you both consent to the exclusive jurisdiction of the state and federal courts located in the county of New York for any and all disputes arising out of or concerning these Terms. The Services are primarily operated in the United States. If you are located outside of the United States, please be aware that any information you provide will be collected in or transferred to the United States. By using the Services and/or providing us with your information, you consent to the collection and transfer of your information in or out of the United States as described in our Privacy Policy. 

The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

SEVERABILITY; ENTIRE AGREEMENT

If a court finds any provision of these Terms to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and BH, superseding any other written or oral agreements or understandings. 

DISCLAIMER

Blooming Health seeks to support older adults in strengthening their social connections, and is not a substitute for professional health care, mental health treatment, psychiatric care, or therapy of any kind. All information presented in this service is for informational purposes only and is not intended as professional medical advice, diagnosis, or treatment. Our Services are not intended to diagnose, treat, cure, or prevent any disease. Blooming Health Platform Services is not intended to be used for any purpose or in any manner for communicating or otherwise managing Protected Health Information, as defined by the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”). We do not offer such a product or service at this time. BH disclaims all warranties of any kind, whether express or implied.  We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by BH, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BH. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

CONTACT US

If you have any questions or concerns about our Terms or the BH privacy and security practices, please contact: team@gobloominghealth.com