Last Updated: 2022.07.13
1. COLLECTION OF INFORMATION
When you visit our Website, Blossom Children’s Center receives and may collect certain types of information. For example, we may collect information when you fill out a form, request customer support, or otherwise communicate with us. The types of information we may collect from you include:
- Personal Information: We may ask to collect personal information that you provide directly to us. Personal information includes information that identifies you as an individual or relates to an identifiable person, which may include, for example, your name, email address, login credentials in combination with a password, phone number, and date of birth. Personal information does not include publicly available information which is lawfully made available to the general public from federal, state, or local governments. We may also collect anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests, and favorites.
- Protected Health Information: We may collect Protected Health Information (PHI) from you. Protected Health Information includes all “individually identifiable health information” held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. Individually identifiable health information is information, including demographic data, that relates to: the individual’s past, present or future physical or mental health or condition; the provision of health care to the individual, or; the past, present, or future payment for the provision of health care to the individual; and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual. Individually identifiable health information includes common identifiers such as name, address, birth date, and Social Security Number.
- Device-Specific Information: Information about your computer’s hardware and software may be automatically collected by this Website. This information can include your IP address, browser type, domain names, access times, and the page you visited before navigating to our Website. This information is used for the operation of the Website, to maintain the quality of the Website, and to provide general statistics regarding the use of this Website.
- Transaction Information: We may collect and store limited payment information from you, such as payment method and payment card information such as account number, credit or debit card number, in combination with any required security code access code, password, or other information that would permit access to a financial account.
- Information About Others:This may include information such as your emergency contacts, caregivers, or any dependents under your care.
- Social Media Information. Information you make available to us on social media platforms (such as by clicking on a social media icon listed on our Website), including your account ID, username, or other information included in your posts.
- Cookies & Tracking Technologies: Our Website may use various technologies to collect information, including “cookies,” “log files,” “web beacons,” “tags,” and “pixels.” Cookies are small data files stored on your hard drive or in device memory that help us improve our Website and your experience. They allow us to see which areas and features of our Website are popular, and count visits. Log files track actions occurring on the Website, and collect data including your IP address, browser type, internet service provider, referring and exit pages, as well as date and time stamps. Web beacons, tags, and pixels are files used to record information about how you browse the Website.
Blossom Children’s Center may place a unique cookie or other tracking technology on your browser. Our cookies collect general information that enhances our ability to serve you, improves your use of our Website, communicates special offers and featured items, and helps us respond to your questions and suggestions. For more information about cookies, and how to disable them, please see “Your Choices” below.
- Other Information You Choose to Provide: We collect the information you provide when you participate in a survey, promotion, or interactive area of the Website (such as using our messaging features or posting a review) or when you request technical, compliance, or customer support.
- Usage Information: We automatically collect information about your activity on our Website. Information, such as, how you interact with the Website while using the Website.
- Mobile Device Information: We automatically collect information about the mobile device you use to access or use our Website, including the hardware model, operating system and version, unique device identifiers, mobile network information, and information about your use of our Website. With your consent, we may also access and collect information from certain native applications on your device (such as your device’s phonebook applications) to facilitate your use of certain features of the Website. For more information about how you can control the collection of location information and/or our access to other applications on your device, please see “Your Choices” below.
- Log Information: We may collect log information about your use of the Website, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before navigating to our Website.
- Information We Collect from Other Sources: We may obtain information from other sources and use it as contemplated herein, including to provide Online Store products (“Products”) and Services to you or otherwise communicate with you. We may also collect information about you when you post content to our pages or feeds on third-party social media sites, or if you use credentials (e.g., username and password) from a third-party site to purchase Products.
2. USE OF INFORMATION
We may use information about you for various purposes, including to:
- provide, maintain and improve our Website;
- process your payment information, arrange for shipping, and provide invoices and/or order confirmations;
- provide and deliver the Products you request, and send you related information;
- send you technical notices, updates, security alerts, and support and administrative messages;
- respond to your comments, questions, and requests and provide customer service;
- communicate with you and to potential clients and users about Products, Services, offers, promotions, rewards, and events offered by Blossom Children’s Center, its affiliated entities, and others, and provide information we think will be of interest to you and such potential clients or users;
- monitor and analyze trends, usage, and activities in connection with our Website;
- conduct research and measurement activities;
- detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Blossom Children’s Center, its affiliated entities, and others;
- carry out legal responsibilities, such as those required to comply with legal or regulatory requirements; respond to law enforcement agencies, courts, or other government authorities; or to protect the rights, safety, and property of Blossom Children’s Center and affiliated entities, you, or others; and
- carry out any other purpose for which the information was collected.
3. SHARING OF INFORMATION
We may use the anonymized information we collect through cookies (e.g., anonymized web browser, operating systems, pages visited) to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
- with vendors, consultants, or medical providers who need access to such information to carry out work on our behalf;
- in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation, or legal process;
- when you participate in the interactive areas of the Website or interact with us on third- party social media sites, certain information that you provide may be displayed publicly, such as your name, photos, and other information you choose to provide;
- with individuals involved in your care, such as parents, guardians, emergency contacts, and other caregivers who you designate to receive access to your account;
- if we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property, and safety of Blossom Children’s Center, its affiliated entities, or others;
- in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company;
- between and among Blossom Children’s Center and its affiliated entities, its current and future parents, affiliates, subsidiaries, and other companies under common control and ownership; and
- with your consent or at your direction.
Testimonials, Reviews, and Contests
Blossom Children’s Center cannot guarantee that the information discussed in testimonials, reviews, or during contests will remain private as Blossom cannot control or predict the disclosure of your information by others outside of the Website. You should think carefully before sharing any Personal Information, or any other information that you intend to keep private.
We use Shopify and InkPressions to power our online store. You can read more about how Shopify and InkPressions use your Personal Information at https://www.shopify.com/legal/privacy and https://inkpressions.com/privacy.
Links to Third-party Sites
Our Website may contain links to other websites. Other websites may also reference or link to our Website, Online Store, Products, or Services. These other websites are not controlled by Blossom Children’s Center or its affiliated entities. We encourage our users to be aware when they leave our Website and to read the privacy policies of every website that collects personally identifiable information. We do not endorse, screen, or approve, and are not responsible for the privacy practices or content of such other websites or mobile applications. Visiting these other websites is at your own risk.
4. CHILDREN’S INFORMATION
Blossom Children’s Center does not knowingly collect any information from persons under the age of thirteen (13), or from persons between the age of thirteen (13) and eighteen (18) without appropriate authorization. If we discover that we have inadvertently collected information from anyone younger than the age of eighteen (18), we will delete that information. If you are a parent or guardian of an individual under the age of eighteen (18) and believe your child has disclosed personal information to Blossom without your authorization, please contact us at email@example.com.
5. PERSONAL INFORMATION SECURITY AND STORAGE
Blossom Children’s Center takes reasonable measures to help protect information about you from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction.
We implement and maintain organizational, technical, and administrative security measures designed to safeguard the information we process within our organization against unauthorized access, destruction, loss, alteration, or misuse. These measures are aimed at providing ongoing integrity and confidentiality for your personal information. We evaluate and update these measures on an ongoing basis. Your information is only accessible to personnel who need access to the information to perform their duties. However, while we take precautions to safeguard your information, we cannot guarantee the security of the networks, systems, servers, devices, and databases we operate or that are operated on our behalf.
We retain your personal information for as long as we have a relationship with you, subject to applicable law and regulation. When deciding how long to keep your personal information, we consider our legal and regulatory obligations and internal personal information management policies. For example, we retain records to investigate or defend against potential legal claims or where required by law. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.
6. YOUR CHOICES
Blossom Children’s Center shall use all reasonable endeavors to give you free access to your personal information in an appropriate scope.
You may update, correct, or delete information about you at any time by logging into youronline account or emailing us at firstname.lastname@example.org. If you wish to delete or deactivate your account you may do so via your account; however, please note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
You may opt-out of having information used for purposes not directly related to Services by emailing a clear notice to email@example.com. By using the Website or purchasing Products, you affirmatively consent to receiving Blossom Children’s Center and its affiliated entities’ promotional and marketing material. Should you opt-out of having information used for purposes directly related to Services, it may prevent you from receiving Services.
Notice Concerning Do Not Track
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes, and that is why we provide the opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals.
7. CALIFORNIA RESIDENTS: California Consumer Privacy Act of 2018 (CCPA)
If you are a California resident, you have the following rights subject to certain exceptions:
- The right to know about what personal information in the last twelve (12) months was collected, how it is used, and whether it is disclosed for a business purpose or sold to third parties;
- The right to request deletion of personal information;
- The right to opt-out of the sale of personal information; and
- The right to non-discrimination for the exercise of privacy rights.
If you opt-out of the sale of your personal information, we will wait at least twelve (12) months before asking you if we may sell your personal information. You have the right to opt-in to the sale of your personal information after you have opted out. If you would like to opt-in to the sale of your personal information, you can email us at firstname.lastname@example.org. We will not discriminate against you for exercising your rights under the CCPA.
You may submit a request to access or delete your personal information by emailing email@example.com. Before we approve your request(s), we may ask you to verify certain Personal Information that we have on file. Please note that requests pursuant to the CCPA are limited to non-medical personal information as the CCPA does not apply to health information governed by the Confidentiality of Medical Information Act (CMIA).
You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent, you or your authorized agent must provide written proof to firstname.lastname@example.org that the agent has a valid power of attorney pursuant to California Probate Code sections 4000-4465 or by submitting a signed, notarized authorization form.
The list below summarizes the categories of personal information categories, as identified by the CCPA that Blossom Children’s Center has collected in the last twelve months, and the third parties with whom we may share your information for a business purpose as described in the Section above entitled “Sharing of Information.” The sources from which we collect personal information can be found in the Section above entitled “Collection of Information.” For purposes of this Section only, “personal information” has the meaning given in the CCPA, but excludes information exempted from the scope of the CCPA, such as health information that is exempt from the CCPA, as noted above.
Business or Commercial Purposes for Which Blossom Children’s Center May Have Collected or Sold Personal Information in the Preceding twelve (12) Months
- Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, and providing marketing services;
- Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, auditing compliance;
- Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
- Debugging to identify and repair errors that impair existing intended functionality;
- Undertaking internal research for technological development and demonstration; and
- Undertaking activities to verify or maintain the quality or safety of a service or device that
is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.
Categories of Sources from Which Blossom Children’s Center Has Collected Personal Information About Users
- From client or customer directly
- Government Entities
- Social networks
Categories of Personal Information Sold
- Internet or other electronic network activity (e.g., “cookies” or other tracking tags)
- Identifiers (e.g., name, mailing address, email address, phone number, credit/debit card number)
- Commercial Information (e.g., products purchased, purchase history)
Categories of Third Parties to Whom Personal Information was Sold
- Merchant Partners
Categories of Personal Information Disclosed for a Business Purpose
- Identifiers (e.g., name, mailing address, email address, phone number, credit/debit card number)
- Commercial information (e.g., products purchased, purchase history)
- Geolocation data (e.g., latitude or longitude)
Categories of third parties to whom Personal Information has been disclosed for a business purpose
- Internet Service Providers
- Government Entities
- Operating Systems and Platforms
- Social Networks
“Shine the Light” Law (California Civil Code § 1798.83)
California law permits California residents to request certain details about how their information is disclosed to third parties for third-party direct marketing purposes. We do not share your information with third parties for their direct marketing purposes.
Privacy Rights for California Minors in the Digital World Act
If you are a California resident under the age of eighteen (18) and are a user of the Website then you may request that we remove the information you posted. Please be aware that applicable state or federal law may prevent Blossom Children’s Center from deleting certain categories of information such as health information. Request for removals should include a description of the specific posted information (including information that will allow us to confirm it was created and posted by you) and should be sent to email@example.com.
Do Not Track
Certain web and mobile browsers allow you to send a signal to inform websites that you do not want your online activities tracked. At this time, we do not currently respond to “Do Not Track” signals or similar mechanisms.
Do Not Sell
You may opt-out of having your information shared. Please note that if you opt out, Blossom Children’s Center will attempt to block further sharing of these identifiers with the third parties we engage by placing a cookie on your browser to automatically prevent the sharing from happening when you visit our website. You will need to submit a separate opt-out of sale request on each device and browser you use to visit our website. After you submit an opt-out of sale request, you may still see advertising regarding our products and services. This advertising may be general audience advertising or may be delivered by service providers in ways that do not involve sales of your personal information.
If you would like to opt out, please contact us at firstname.lastname@example.org. If you have submitted an opt-out of sale request and would like to opt back in, please contact us at email@example.com.
8. INTERNATIONAL TRANSFERS AND PRIVACY RIGHTS
If you are an international resident, we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Online Store), or otherwise to pursue our legitimate business interests listed above.
Your information may be transferred to, and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including personal information, to the United States and process it there. If you do not want your information transferred to or processed or maintained outside of the country or jurisdiction where you are located, you should not use our Website or purchase Products through our Online Store.
You have the right to access the personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the “Contact Us” information below.
9. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA)
10. CONTACT US
Address: Blossom Children’s Center; 44225 W 12 Mile Rd, Suite C106; Novi, Michigan 48377
Last Updated: 2022.07.13
NOTE THAT SECTION 29 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
By accessing, using, or purchasing anything from our Website, you agree to these Terms. Failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. If we make changes, we will notify you by revising the date at the top of the Terms and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an electronic notification). It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If you do not agree with these Terms, including the mandatory arbitration provision and class action waiver in Section 29, you are not authorized to access or use the Website for any purpose.
General browsing of our Website is not intended for users under the age of thirteen (13). Persons between the ages of thirteen (13) and eighteen (18) may only browse our Website with the legal authorization of their parent or legal guardian.
The Blossom Children’s Center’s Online Store is not intended for users under the age of eighteen (18). Persons between the ages of thirteen (13) and eighteen (18) may only use the Online Store under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
2.1. Online Store Representations
By using the Online Store, you represent and warrant that you (a) are eighteen (18) years of age or older, (b) can lawfully enter into and form contracts under applicable law. (c) have not been previously suspended or removed from the Website or engaged in any activity that could result in suspension or removal from the Website, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you are accessing or using our Website on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you, or the other person, or entity violates these Terms.
Blossom Children’s Center’s Website provides a platform that offers clients, potential clients, and Users the opportunity to learn about and request quality individualized therapy in a collaborative environment for the optimal development of children with autism and other challenges. Therapy is to be carried out by specialized Board-Certified Behavior Analysts, Speech-Language Pathologists, Occupational Therapists, Licensed Counselors, and other professionals to provide the best individualized treatment for your child and family. With Blossom, families are offered an interdisciplinary approach utilizing specialized Services which include: Applied Behavior Analysis, Speech-language therapy, Occupational therapy, as well as Counseling and Support Services (“Services”). As further detailed below, Information found on this Website should not be taken as medical advice.
4. NO MEDICAL ADVICE
BLOSSOM CHILDREN’S CENTER’S WEBSITE AND SERVICES ARE NOT FOR USE IN MEDICAL EMERGENCIES OR OTHER URGENT SITUATIONS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 9-1-1.
You should not and must not rely on Blossom Children’s Center’s Website as a tool for determining whether and when to follow certain courses of treatment. The information obtained through the use of the Website may not disclose potential adverse effects related to courses of treatment and is not intended to cover all possible uses, directions, precautions, warnings, interactions, allergic reactions, or adverse effects. You are solely responsible for ensuring that you follow recommended courses of treatment correctly. If you have questions about the medications you are taking or about a recommended course of treatment, check with your pharmacist or primary treating provider. If you are experiencing a medical emergency, you should dial “9-1-1” immediately. Individuals using the Website assume full responsibility for the use of the Website and agree that we are not responsible or liable for any claim, loss, or damage arising from the use of the Website.
5. RESERVING CONSULTATIONS
Consultations are reserved on the Blossom Children’s Center Website by filling out a Client Consultation Form. The Form is not binding. It allows us to get the preliminary information we need, so we can best assist you during our intake process. All information provided is secure and will not be used for any purpose other than serving your family. As part of the reservation process, you will be required to provide accurate information in the fillable areas of the Consultation Form.
6. ONLINE STORE PRODUCTS
Blossom Children’s Center’s Website provides an Online Store, hosted by Shopify Inc., which offers Users the ability to purchase merchandise and clothing manufactured by InkPressions (“Products”). The Website may make available listings, descriptions, and images of goods related coupons, discounts, or trials of goods, as well as references and links to Products. The availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. It is your responsibility to ascertain and obey all applicable local, state, and federal laws (including minimum age requirements) regarding the purchase, possession, and use of any Product. Any discount, coupon, promotion, trial, and/or other modification to subscription pricing is non-transferable and not redeemable for cash or cash equivalent.
We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Product that we offer. Any offer for any Product made on this site is void where prohibited. We do not warrant that the quality of any Product, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Product will be corrected.
7. PRODUCT AND SERVICE PRICING INFORMATION
Blossom Children’s Center offers competitive pricing for Services and Products. Please note that prices, Services, Products, offers, and specials are subject to change at any time without notice. For Service purchases, we bill insurance and also accept credit cards, debit cards, cash, and checks. Services may be covered by private, employer, or self-bought insurance plans including, but not limited to, Blue Cross Blue Shield, Blue Care Network of Michigan, UnitedHealthcare, Health Alliance Plan, and Aetna. The covered insurance plans may change depending on the Blossom Children’s Center location. For Product purchases, we accept credit cards, debit cards, cash, and checks. Prices and availability of Services and Products detailed in Section 3 and Section 6 are subject to change without notice. The prices for Services and Products are quoted in U.S. Dollars and are valid and effective only in the United States.
While Blossom Children’s Center strives to provide accurate pricing information, pricing or typographical errors may occur. In the event a Service or Product is listed at an incorrect price due to typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such Service or Product at the incorrect price, even if the order has been confirmed and/or your credit or debit card has been charged. In the event that an item is misplaced, Blossom may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit or debit card has already been charged for the purchase and your order is canceled, Blossom shall promptly issue a credit to your credit or debit card account in the amount of the correct price.
Blossom Children’s Center and its affiliates do not advertise or solicit for patronage that which is not in the public interest or in violation of any State or Federal laws. Any advertising of fixed prices, or a stated range of prices, for specified routine professional services, is permitted provided that if there is an additional charge for related services which are an integral part of the overall service being provided, the advertisement shall so state, and provided further that the advertisement indicates the period of time for which the advertised practices shall be in effect.
BLOSSOM CHILDREN’S CENTER AND ITS AFFILIATES AND LICENSED PROFESSIONALS DO NOT PAY, RECEIVE, OR SOLICIT, ANY REMUNERATION IN RETURN FOR REFERRALS, DIRECTLY OR INDIRECTLY OFFER, GIVE, SOLICIT, OR RECEIVE OR AGREE TO RECEIVE, ANY FEE OR OTHER CONSIDERATION TO OR FROM A THIRD PARTY FOR THE REFERRAL
OF A CLIENT OR IN CONNECTION WITH THE PERFORMANCE OF SERVICES, NOR ARE ANY OF THE ENTITIES OR PERSONS PERMITTED TO SHARE IN THE FEES FOR SERVICES, INCLUDING ANY ARRANGEMENT OR AGREEMENT WHEREBY THE AMOUNT RECEIVED IN PAYMENT FOR FURNISHING SPACES, FACILITIES, EQUIPMENT OR PERSONNEL SERVICES USED BY A LICENSEE CONSTITUTING A PERCENTAGE OF, OR OTHERWISE DEPENDENT UPON, THE INCOME OR RECEIPTS OF THE LICENSEE FROM SUCH PRACTICE SUBJECT TO CERTAIN EXCEPTIONS PERMITTED BY LAW. FOR FURTHER INFORMATION REGARDING FEE-SPLITTING, STARK, ANTI-KICKBACK, OR EKRA LAWS, PLEASE VISIT THE FOLLOWING WEBSITE:
8. SERVICE PAYMENT, LATE FEES, CANCELLATIONS, AND REFUNDS
For Service payment dues, if you are using insurance, you will be sent an invoice for the remaining amount of payment after Blossom has submitted the bill to your insurance company. If you are a cash-pay client, you will be charged for Services the week after Services are rendered. By paying with a credit card, debit card, or check you hereby certify that you are (1) an authorized user of the credit card, debit card, or check, or have been granted authorization to use the credit card, debit card, or check; (2) you authorize Blossom Children’s Center to charge the amount agreed upon to the credit card, debit card, or associated check bank; and (3) if the charge is declined or reversed by the credit card issuer, network, or bank, you agree to reimburse Blossom for all reasonable costs of collection. You understand that you are still responsible for the full payment of Services. Presenting any form of payment in which you are not an authorized user may be considered fraud and subject to law enforcement notification and prosecution. You also understand that you may not settle amounts you owe to Blossom by writing “Paid in Full,” “Full and Final Payment,” “In Full Satisfaction,” or any other message on your bill or check.
Late appointment arrivals and late retrievals of children are both subject to a late fee. You are considered late if you arrive fifteen (15) minutes after the appointment time. Retrieval of your child is considered late if you arrive ten (10) minutes after the appointment dismissal time. Any late fees will be charged to the credit card, debit card, or account on file the following day.
To cancel an appointment, you must provide at least two (2) hours’ notice. If you do not cancel your appointment within two (2) hours of the appointment time, you will be subject to a late fee. The late fee will be charged to the credit card, debit card, or account on file the following day. Payment for an unrendered canceled service will not be charged to your account or billed to your insurance.
Blossom Children’s Center does not offer refunds on services rendered even if you are disappointed in the result or unhappy with the outcome.
9. PLACING ONLINE STORE ORDERS
Orders for Products can be placed on https://shop.blossomchildrenscenter.com/. To place an order for Products, you must submit your contact email, name, telephone number (optional), shipping address, billing address, credit, or debit card number, and choose your shipping method. When you submit an order, we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the Products are shipped to you. We will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point, a contract comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Service and the relevant Order Confirmation for future reference. If we are unable to supply you with a product, Shopify will inform you of this in writing and will not process the order.
Fulfillment of all orders on the Website is subject to availability. We explicitly reserve the right not to accept your order for any reason.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
We also reserve the right to cancel a Contract in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we canceled:
- the Product is not available / in stock;
- your billing information is not correct or not verifiable;
- your order is flagged up by our security systems
- you are under the age of eighteen (18);
- there was an error in the price displayed on the Online Store;
- we could not deliver to the address provided by you;
- due to an Event Outside Our Control (defined in Section 13); or
- in the event of misspelling, pricing, or other errors or mistakes in the Product or Service
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made.
9.2. No Purchase for Resale Allowed
We sell our products direct to You (“End Consumers”) through the Website. Purchase of products for resale (to other consumers, businesses, or third parties) is strictly prohibited. If we believe you are involved in purchase for resale, we reserve the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your User Account.
10. PRODUCT PAYMENT AND BILLING
By paying with a credit card, debit card, or check you hereby certify that you are (1) an authorized user of the credit card, debit card, or check, or have been granted authorization to use the credit card, debit card, or check; (2) you authorize Blossom Children’s Center to charge the amount agreed upon to the credit card, debit card, or associated check bank; and (3) if the charge is declined or reversed by the credit card issuer, network, or bank, you agree to reimburse Blossom for all reasonable costs of collection. You understand that you are still responsible for the full payment of Services. Presenting any form of payment in which you are not an authorized user may be considered fraud and subject to law enforcement notification and prosecution. You also understand that you may not settle amounts you owe to Blossom by writing “Paid in Full,” “Full and Final Payment,” “In Full Satisfaction,” or any other message on your bill or check.
In addition, you agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
All payment information is encrypted during transfer over networks.
11. ONLINE STORE PROCESSING, SHIPPING, AND DELIVERY
Blossom Online Store Products are processed and shipped by InkPressions. Orders typically take 5 to 7 business days to be processed. After items are processed, you will receive a shipping email confirmation with tracking info. Shipping time is in addition to processing time. InkPressions ships via USPS or FedEx. Shipping speeds and methods can be selected during Product checkout. Delivery takes two (2) to five (5) business days and may vary based upon the type of service you select and the delivery location in the Continental United States.
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. The title and risk of loss for products purchased from Blossom Children’s Center Online Store pass to you upon our delivery to the carrier.
12. PRODUCT RETURNS, REFUNDS, EXCHANGES, AND CANCELLATIONS
12.1. Returns and Exchanges
Blossom Online Store Products are Manufactured by InkPressions. InkPressions’ return and exchange policy lasts 30 days. The return or exchange policy applies only to Products, not to Services. To be eligible for a return or exchange, your item must be in the original packaging and in the same condition that you received it. Gift cards and sale items are not returnable or exchangeable.
To ship back a return or exchange, you must first request a Return Merchandise Authorization (RMA). To obtain an RMA number email InkPressions at firstname.lastname@example.org and request an RMA number. In your email, please write the date of your purchase, what you would like to return, why you want to return it, and if you want a replacement or a refund. The RMA number, once received, must be written in a conspicuous place on the outside of the return parcel. Send the package to: InkPressions – Returns; 3175 B Martin Parkway; Commerce Twp; Michigan 48390; United States. All shipping charges for returning products to us must be paid by the returnee. We do not reimburse shipping charges.
If applicable, a refund will be issued based on the original form of payment. It may take up to three weeks for refunds to be processed and posted with your bank. If, after sufficient time has passed, your refund has not been received, please contact us at email@example.com.
You may cancel any order provided it has not yet been shipped or is not in the process of being shipped. If you wish to cancel your order, please contact us at firstname.lastname@example.org. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the return policy stated above.
13. EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights at the “Cancellations” subsection above.
14. USER ACCOUNTS AND ACCOUNT SECURITY
You may need to register for a Blossom Children’s Center Account (“Account(s)”) to access parts of our Website. As part of this process, you must provide accurate Account information and promptly update this information if it changes. You should maintain the security of your Account(s) and promptly notify us if you discover or suspect that someone has accessed your Account without your permission.
You may buy Products as Website guest. However, a Website Account is automatically made for you upon purchase of your product. Products purchased can be viewed via your Account.
By purchasing Products or Services you may receive communications from us, which may include emails, chat messages, text messages, and voice calls (the “Communications”). Your agreement to receive Communications is not a condition of any purchase. Communications from or on behalf of Blossom Children’s Center may include but are not limited to: the use of Products or Services; informational communications concerning the Online Store, messages from your therapist, marketing content such as updates concerning new and existing products; and communications concerning promotions run by us or our third-party affiliates.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
Additionally, you agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
16. TESTIMONIALS, REVIEWS, AND CONTESTS
Blossom Children’s Center and its affiliated entities may feature testimonials and reviews from clients in order to provide Users with additional information about others’ experiences with the Services offered. While all information, photos, and quotes used are from actual Users sharingtheir honest opinions of the Services, these testimonials or reviews are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a featured testimonial or review on our Website, you do not expect the same results, and understand this information is not a guarantee.
Blossom Children’s Center and its affiliated entities may also provide the opportunity to participate in contests on our Website and/or third-party social media platforms. If you participate, we will request certain personal information. Participation in these contests is voluntary and you, therefore, have a choice whether or not to disclose this information. We may announce the names of contest winners on our Website and/or on social media platforms.
17. USER SUPPLIED MATERIAL
Our Website may allow you to upload and store content, including messages, text, and other materials (collectively, “User Content“). Except for the license you grant below, as between you and Blossom Children’s Center, you retain all rights in and to your User Content.
If you supply or transmit any User Content via the Website, you represent and warrant to us that you have the legal right necessary to grant us the license described above and that such material will not violate any law or the rights of any person or entity (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).
In the event you choose to provide Blossom Children’s Center with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential, and nonproprietary. You hereby grant Blossom a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.
Any User Content posted publicly or sent privately is the sole responsibility of the person that submitted it. Although Blossom reserves the right to review or remove all User Content on the Website, we do not necessarily review all of it. As such, we do not take responsibility for any User Content provided through the Website.
18. APPROPRIATE USE OF THE WEBSITE
You agree to use the Website in accordance with all applicable local, state, national and foreign laws, treaties, and regulations. You will not violate any contract, intellectual property, or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Website.
In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Website:
- engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
- use or attempt to use another User’s third-party appointment scheduling account without authorization from that User;
- use our Website in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying our Website or that could damage, disable, overburden or impair the functioning of our Website in any manner;
- reverse engineer any aspect of our Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Website;
- infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Website that you are not authorized to access;
- develop or use any third-party applications that interact with our Website without our prior written consent, including any scripts designed to scrape or extract data from our Website;
- misrepresent your identity or provide Blossom with any false information in any
information-collection portion of our Website;
- directly or indirectly authorize anyone else to take actions prohibited in these Terms of Service; or
- use our Website for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only upload or otherwise share User Content that you have all necessary rights to disclose. You may not upload, store, or share any User Content that:
- is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
- would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;
- may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
- impersonates, or misrepresents your affiliation with, any person or entity;
- contains any private or personal information of a third party without such third party’s consent;
- contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
- is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Website, or that may expose Blossom or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
19. MODIFICATION, ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We reserve the right to change the Website and the Blossom Children’s Center Content (defined below) at any time. However, we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. We are not responsible if information made available on this site contains typographical errors, is not accurate, is not complete, or is not current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information may not be current and is provided for your reference only.
20. TERMINATION; CANCELLATION
We may discontinue our Website, and we may suspend or terminate your right to use our Website at any time, in the event that you breach these Terms, for any other reason, or for no reason at all, in our sole discretion, and without prior notice to you.
All licenses and other rights granted to you by these Terms will immediately terminate upon termination of your right to use our Website or our termination of the Website. These Terms will survive and continue to apply after any suspension, termination, or cancellation, except that your access rights and other rights as a user will be suspended, terminated, or canceled, respectively.
21. INTELLECTUAL PROPERTY; LIMITED LICENSE
The Website, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content contained therein (collectively, the “Blossom Content”) are owned by or licensed to Blossom Children’s Center and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Blossom and our licensors reserve all rights in and to our Website and the Blossom Content.
Blossom Children’s Center hereby grants you a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use our Website and the Blossom Content; provided, however, that such license is subject to these Terms and does not include any right to (a) sell, resell our Website, or the Blossom Content; (b) copy, reproduce, distribute, publicly perform or publicly display Blossom Content, except as expressly permitted by us or our licensors; (c) modify the Blossom Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Website and the Blossom Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Website or the Blossom Content other than for their intended purposes. Any use of our Website or the Blossom Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
22. LINKS TO THIRD PARTIES
The Website may include links to third-party Websites, resources, and advertisements (collectively, “Third-Party Sites”). We are not responsible or liable for the availability or accuracy of, and Blossom Children’s Center does not endorse, sponsor, or recommend any Third-Party Sites or the content, products, or services on or available from such Third-Party Sites. Your use of Third-Party Sites is at your own risk, and Blossom and its affiliates will not be liable for any losses arising out of or relating to Third-Party Sites.
In addition, Blossom Children’s Center makes no representation that such Third-Party Sites are appropriate or available for use in any particular location. To the extent you choose to access such Third-Party Sites, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Blossom reserves the right to change, suspend, remove, or disable access to any Third-Party Sites at any time without notice. In no event will Blossom be liable for the removal of or disabling of access to any such Third-Party Sites. Blossom may also impose limits on the use of or access to certain Third-Party Sites in any case and without notice or liability.
23. WEBSITE UPDATES
Blossom Children’s Center may from time to time, in its sole discretion (without obligation), develop and provide updates for our Website, which may include error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Blossom has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. For clarity, all Updates are part of the Website and subject to these Terms.
24. COPYRIGHT COMPLAINTS
We will limit access to the Website against Users who infringe the intellectual property rights of others. If you believe that anything on our Website infringes any copyright that you own or control, you may notify Blossom’s Designated Agent as follows:
- Designated Agent: Ziad Koza
- Address: 44225 W. Twelve Mile Road, Suite C106, Novi, Michigan 48377.
- E-Mail Address: email@example.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Website is infringing, you may be liable to Blossom for certain costs and damages.
25. DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE AND THE BLOSSOM CONTENT INCLUDED IN THIS WEBSITE IS AT YOUR SOLE DISCRETION AND RISK. THE WEBSITE AND THE BLOSSOM CONTENT INCLUDED IN THIS WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.
BLOSSOM AND ITS LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE WEBSITE AND THE BLOSSOM CONTENT INCLUDED IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY OUR WEBSITE.
WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, (A) THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEBSITE AND THE BLOSSOM CONTENT INCLUDED IN THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY BLOSSOM CONTENT OR ITS APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES, OR (B) THAT THE WEBSITE AND THE BLOSSOM CONTENT INCLUDED IN THIS WEBSITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. OUR WEBSITE AND THE BLOSSOM CONTENT INCLUDED IN THIS WEBSITE ARE DEVELOPED FOR USE IN THE UNITED STATES AND BLOSSOM AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE WEBSITE AND THE BLOSSOM CONTENT INCLUDED IN THIS WEBSITE WHEN THEY ARE USED IN ANY OTHER COUNTRY.
NO ADVICE OR INFORMATION PROVIDED TO YOU BY BLOSSOM WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
26. LIMITATION OF LIABILITY
IN NO EVENT WILL BLOSSOM, BLOSSOM’S LICENSORS, AFFILIATES, AND OUR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES, (COLLECTIVELY, “BLOSSOM PARTIES”) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DATA OR LOST PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE OR FROM THE CONDUCT OF YOU OR ANYONE ELSE (INCLUDING BUT NOT LIMITED TO BODILY INJURY, DEATH OR PROPERTY DAMAGE), WHETHER ONLINE OR OFFLINE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR BLOSSOM CONTENT INCLUDED IN THIS WEBSITE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT BLOSSOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE BLOSSOM CONTENT INCLUDED IN THIS WEBSITE, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. IF THE FOREGOING IS NOT ENFORCEABLE AGAINST YOU, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF THE BLOSSOM PARTIES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (I) THE AGGREGATE AMOUNT YOU PAID BLOSSOM TO ACCESS OR USE THE WEBSITE IN THE MOST RECENT TWELVE-MONTH PERIOD, OR (II) $50.
SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH AN EVENT THE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
You will indemnify, defend, and hold harmless the Blossom Parties from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
- your access to or use of the Website, or the Blossom Content included in the Website;
- your User Content;
- your violation of any of the provisions of these Terms;
- your conduct in connection with our Website; or
- your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
Blossom Children’s Center reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
To the fullest extent permitted by applicable law, you release Blossom Children’s Center and the other Blossom Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 AS WELL AS ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
29. DISPUTE RESOLUTION; BINDING ARBITRATION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH BLOSSOM CHILDREN’S CENTER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
29.1. Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 18 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Blossom agree (a) to waive your and Blossom’s respective rights to have any and all Disputes arising from or related to these Terms, or the Website, resolved in a court, and (b) to waive your and Blossom’s respective rights to a jury trial. Instead, you and Blossom agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
29.2. No Class Arbitrations, Class Actions, or Representative Actions
You and Blossom Children’s Center agree that any Dispute arising out of or related to these Terms or the Website is personal to you and Blossom and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and Blossom agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Blossom agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. The arbitrator does not have the power to vary these class action waiver provisions.
29.3. Federal Arbitration Act
You and Blossom Children’s Center agree that these Terms affect interstate commerce and that the enforceability of this Section 29 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
29.4. Notice; Informal Dispute Resolution
You and Blossom Children’s Center agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Blossom shall be sent by certified mail or courier to 44225 W. Twelve Mile Road, Suite C106, Novi, Michigan 48377. Your notice must include (a) your name, postal address, telephone number, and an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 15 and will include (d) our name, postal address, telephone number, and an email address at which we can be contacted with respect to the Dispute, (e) a description in reasonable detail of the nature or basis of the Dispute, and (f) the specific relief that we are seeking. If you and Blossom cannot agree on how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Blossom may, as appropriate and in accordance with this Section 29, commence an arbitration proceeding or, to the extent specifically provided for in Section 29.1, file a claim in court.
EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 18 OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND BLOSSOM AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR BLOSSOM WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND BLOSSOM WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Blossom agree that (a) any arbitration will occur in the State of Michigan, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Michigan and the United States, respectively, sitting in the State of Michigan, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
29.6. Authority of Arbitrator
As limited by the FAA, these Terms, and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. Notwithstanding any other provision of this Section 29, any and all issues relating to the scope, interpretation, and enforceability of the class action waiver provisions contained in this Section 29, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.
29.7. Rules of JAMS
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
If any term, clause, or provision of this Section 29 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section 29 will remain valid and enforceable. Further, the waivers set forth in Section 29.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
29.9. Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by writing to: firstname.lastname@example.org. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 29.
30. GOVERNING LAW; VENUE
These Terms and our relationship with you will be governed by the laws of the State of Michigan, excluding its choice of laws rules. You and Blossom Children’s Center each irrevocably agree that any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved on an individual basis exclusively in the state courts located in Oakland County Michigan. You and Blossom each irrevocably consent to the personal jurisdiction of these courts and waives any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you and Blossom agree that Blossom may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
The Website may contain typographical errors or other inaccuracies and may not be complete or current. Blossom Children’s Center reserves the right, but does not have the obligation, to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. Blossom may refuse to provide services that are based on inaccurate or erroneous information on the Website, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.
These Terms, along with any additional terms and conditions incorporated herein, constitute the entire agreement between you and us relating to our Website and the Blossom Content, replacing any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Website or the Blossom Content. If there is any conflict between the Terms and a separate signed written agreement between you and us relating to our Website or the Blossom Content, the signed written agreement will control.
We reserve the right to change our Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted on our Website. Your continued use of our Website will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the top of these Terms.
The failure by you or us to enforce any provision of the Terms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of the Terms is invalid or unenforceable, then the invalid or unenforceable provision will be removed from the Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of the Terms will continue to be valid and enforceable. Nothing contained in these Terms will limit the ability of a party to seek an injunction or other equitable relief without posting any bond. The titles of the Sections of these Terms are for convenience only and will have no legal or contractual effect.
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Website, Products, and Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website, Products, and Services (or any part thereof).
34. CONTACT US
We encourage you to contact us if you have any questions, comments, or complaints concerning our Terms of Service.
Address: Blossom Children’s Center; 44225 W 12 Mile Rd, Suite C106; Novi, Michigan 48377