Welcome to the Bloom Downtown, LLC ("Bloom") site, which includes but is not limited to bloomdowntown.com (the "Site). The Site is provided as a service to our customers, so please review the following terms and conditions of use that govern the usage of the Site (the "Terms").
Your use of the Site signifies your agreement to follow and be bound by the Terms. We reserve the right to update or modify the Terms at any time without prior notice. For this reason, we will encourage you to review the Terms each time you use the Site, and if you do not agree to cease usage of the Site. We also reserve the right, without prior notice, to modify, change, suspend, or discontinue the Site or any feature or product offered through the Site.
Unless otherwise noted, the Site and all design and content featured on the Site-including navigational buttons and images, artwork, graphics, photography, text, and the like-are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by the Site and protected in entirety by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved.
The contents of the Site and the Site as a whole are intended solely for your personal, noncommercial use. Any use of the Site and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of Bloom. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from the Site. You may, however, download or electronically copy and print any of the page contents displayed on the Site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.
Although we will make every effort to respond quickly to applicable email messages, the Site is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding bloomdowntown.com, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this website or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company through bloomdowntown.com shall become and remain the property of Bloom. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. Should you have any questions concerning a submission, please contact us.
Many Bloom products displayed on the website may be available in store, although certain products may be available exclusively through the Site. Keep in mind, the Site does not reflect the inventory that you would find in store. Please note that the Site and the store may have different pricing or promotional events at different times. Sale prices listed on the Site do not necessarily reflect in store pricing.
These products may have limited quantities and, because of their limited availability, will not and cannot be refreshed. When an item listed on the Site is no longer in stock, we make every attempt to remove that item from the website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us.
We will make every effort to display as accurately as possible the colors of our products that appear on the Site. However, we cannot guarantee that your monitor's display of any color will be accurate.
The Site may contain links to other websites that are not under the control of Bloom. Bloom has no responsibility for the linked sites nor does linking necessarily constitute an endorsement, but rather are provided for the convenience and information to the Site's users.
We try to present the most recent, most accurate, and most reliable information on the Site at all times. Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or missions that may relate to the product descriptions, pricing, promotions, offers, and availability. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. But please be aware that we present our content 'as is' and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice (including after you have submitted your order). The Site shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Bloom shall issue a credit to your credit card account in the amount of the incorrect price.
Given the unpredictability of technology and the online environment, Bloom does not warrant that the function or operation of the Site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of the Site, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of the Site. As a visitor to and a user of the Site, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. Bloom shall not be liable for damages of any kind related to your use of or inability to access this website.
You agree to indemnify, defend, and hold Bloom harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account or your breach of any representation, warranty, or other provision of the Terms.
In order to keep costs of dollars, time, and energy to a minimum, both you and Bloom agree to for following procedure: In the event of a controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of the Terms or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Both you and Bloom agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to alternative resolution options. Notice shall be sent to Bloom, Attn: Kendi Skeen, 104 N. Tennessee St, McKinney, TX 75069.
If the issue is not then resolved the Dispute shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Asserting party will cover the filing fee and arbitrator costs.