Terms and Conditions of Use
The World Wide Web site www.bloom-career.com is owned and operated by Bloom Career, a division of Bloom Consulting, LLC, 7600 Burnet Rd, Suite 102, Austin, TX 78757. These terms and conditions (“Terms”) apply to all and any use of the web site and all and any postings, emails and other communications made to or using it or any services run by Bloom Career (“Submissions”).
By using this site, you agree to be bound by these Terms.
If you do not accept these Terms you should not use this site.
If you do not accept these Terms you should not make any Submissions.
Bloom Career may make alterations to these terms and conditions from time to time and these variations shall become effective immediately upon being accessible from www.bloom-career.com/terms-and-conditions-of-use. Third party websites with links from www.bloom-career.com have not been verified or reviewed by Bloom Career and use and access of such third-party websites is made at your own risk.
Bloom Career, a division of Bloom Consulting, LLC, does not provide refunds to Users of their Services due to the nature of its business, the non-refundable nature of the test credits it purchases, and the inability for it to recover its test payment once an assessment package order is processed. The only exception to this policy is when an error, beyond the control of the User or Bloom Career, prevents the User from accessing and using the Services they have purchased. In this case, the User must notify Bloom Career, via email, within 5 business days of purchase to request the refund. All other refund requests, for any other reason, will be denied per this policy. As such, Users are strongly encouraged to confirm the willingness of the User whom they are buying the Services for to participate in services prior to purchase. Any questions or concerns regarding this policy, should be submitted via email to our Chief Operations Officer at firstname.lastname@example.org.
INTELLECTUAL PROPERTY RIGHTS, COPYRIGHT AND TRADE MARKS:
You may download and use www.bloom-career.com for your private, non-commercial, personal use only, provided that you retain all copyright notices and other proprietary notices contained on www.bloom-career.com.
All copyright, design rights, database right, patents, and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor (“Intellectual Property Rights”) in www.bloom-career.com belong to and vest in Bloom Career, a division of Bloom Consulting, LLC, or are licensed to Bloom Career unless otherwise specified. All such rights of Bloom Career are hereby asserted and reserved.
No person other than the rightful owner or licensee of such Intellectual Property Rights may:
distribute, modify, transmit, re-use, re-post, or use any or all of www.bloom-career.com or the information contained therein for any purpose other than as set out above nor for public or commercial purposes without Bloom Career or the relevant licensee’s prior written permission;
provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to www.bloom-career.com without Bloom Career prior written permission;
display, publish, copy, print, post or otherwise use www.bloom-career.com or the information contained therein for the benefit of any other website without Bloom Career or the relevant licensee’s prior written permission;
process or otherwise use the information contained on or within www.bloom-career.com for any illegal or immoral purpose nor use or process the same unfairly.
NO WARRANTIES BY BLOOM CAREER:
THE INFORMATION AND SERVICES PROVIDED THROUGH WWW.BLOOM-CAREER.COM IS PROVIDED ON AN “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE USE OF THE SERVICES IS WITH YOU. BLOOM CAREER, LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF WWW.BLOOM-CAREER.COM. NO WARRANTY IS MADE REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT. BLOOM CAREER, LLC DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, OR OTHER MATERIAL ACCESSIBLE THROUGH WWW.BLOOM-CAREER.COM WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY:
Bloom Career, a division of Bloom Consulting, LLC, provides and maintains www.bloom-career.com for informational purposes only, and is subject to change or withdrawal by Bloom Career at any time without notice.
Subject as aforesaid, to the maximum extent permitted by law, Bloom Career excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to Bloom Career and Bloom Career shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
any incorrect or inaccurate information on www.bloom-career.com.
the infringement by any person of any Intellectual Property Rights of any third party caused by their use of www.bloom-career.com.
any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading www.bloom-career.com, from transmissions via emails or attachments received from Bloom Career or its licensees.
The availability, quality, content or nature of the other sites on the internet that are owned and operated by third parties (“External Sites”) to which www.bloom-career.com links and web site located on or through any External Site nor for any transactions involving External Sites (including as to ‘cookies’, personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
all representations, warranties, conditions and other terms which but for this notice would have effect.
you warrant and agree that in no event unless required by applicable law will Bloom Career be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the www.bloom-career.com web site including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the web sites to operate, even if you or other party has been advised of the possibility of such damages.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit Bloom Career’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Bloom Career, a division of Bloom Consulting, LLC, shall be entitled to terminate this Agreement and immediately remove, cancel or suspend access to and use of www.bloom-career.com upon your breach of any part of these Terms whatsoever.
Termination shall be without prejudice to the accrued rights of either party.
Bloom Career will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.