Terms of Service

Revised: October 23, 2024

These Terms of Service ("Terms") govern your use of the Care Bloom, Inc. (“we,” “us,” “our,” and “Care Bloom”) products and services (“Services").  These Terms apply to all users of the Services.

These Terms provide important information about our Services and devices used with our Services, including details on Service plans we offer, Service charges, fees, taxes, and other charges we bill you, termination of Services, acceptable use of Services, privacy, limitations of liability and our agreement to arbitrate disputes, instead of using class actions or jury trials.

Your use of the Services is subject to your agreement with our Terms, our Privacy Policy, and any other agreements, policies or supplemental terms and conditions that we make available to you at https://carebloom.com/ or via the Care Bloom Application (“Care Bloom App”). We may change our policies and these Terms at our discretion at any time. Please check our website for the most up to date versions of our policies.

If you are signing up for the services for the benefit of another individual, you represent and warrant that (i) you are obtaining such individual’s authorization and consent to collect their personal information through the Services; and (ii) such authorization and consent will be obtained prior to the initial use of the Care Bloom System by that individual.

  1. We Do Not Provide Medical Advice

The Services are intended to provide insight into individual activity levels and overall health. The Services does not constitute an opinion, medical advice, or diagnosis or treatment, and is provided for informational purposes only. Care Bloom does not engage in the practice of medicine or other professional services performed by practitioners of the healing arts. The Services is not intended to constitute or be a substitute for professional medical advice, clinical therapy, psychotherapy, diagnosis, or treatment. Always seek the advice of a qualified health professional with any questions you may have regarding a medical or mental condition and depending on circumstances, you may consider seeking a second opinion.

WHILE CARE BLOOM TRACKS INDIVIDUAL LOCATION AND VITALS, PROVIDES REPORTS AND REMINDERS, AND CAN PROVIDE ALERTS AROUND CHANGES IN BEHAVIOR AND ACTIVITIES OF DAILY LIVING, NO INFORMATION THAT CARE BLOOM COMMUNICATES WITH YOU IS INTENDED TO PROVIDE YOU WITH A DIAGNOSIS OR TREATMENT. THE SERVICES ARE NOT AN EMERGENCY ALERT SYSTEM AND SHOULD NOT BE USED AS A SUBSTITUTE FOR AN EMERGENCY ALERT SYSTEM.

NO INFORMATION PROVIDED BY US IS INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.  IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SERVICES OR OTHERWISE AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.        

  1. No Professional-Patient Relationship

NO LICENSED MEDICAL PROFESSIONAL-PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES. THIS IS TRUE WHETHER SUCH USE IS THROUGH THE USE OF THE SERVICES, DIRECTLY BY YOU THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM US INCLUDING, WITHOUT LIMITATION, ANY BLOG, SOCIAL MEDIA, EMAIL OR TEXT.

  1. Acceptable Use of the Services

You are responsible for your use of the Services, and for any use of the Services made using your account.  When you use the Services, you shall not:

  • violate any law or regulation;
  • violate or infringe other people's intellectual property, privacy, publicity, or other legal rights;
  • use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs or personal contact information of others, without their permission;
  • transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • send unsolicited or unauthorized advertising or commercial communications, such as spam;
  • transmit any malicious code or computer viruses;
  • stalk, harass, or harm another individual;
  • impersonate or misrepresent your affiliation with someone else;
  • use any means to "scrape," "crawl," or "spider" any web pages contained in the Services (although Care Bloom does allow operators of public search engines to use spiders to index materials from the Services for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Care Bloom reserves the right to revoke these exceptions either generally or in specific cases); 
  • use automated methods to use the Services in a manner that sends more requests to the Care Bloom servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
  • interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, malicious code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
  • use, display, mirror, or frame the Services or any individual element within the Services, Care Bloom’s name, any Care Bloom trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Care Bloom’s express written consent;
  • access, tamper with, or use non-public areas of the Services, Care Bloom’s computer systems, or the technical delivery systems of Care Bloom’s providers;
  • attempt to probe, scan, or test the vulnerability of any Care Bloom system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Care Bloom or any of Care Bloom’s providers or any other third party (including another user) to protect the Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

Care Bloom may investigate and prosecute violations of any of the above to the fullest extent of the law. Care Bloom may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Care Bloom has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Care Bloom reserves the right, at any time and without prior notice, to remove or disable access to any content on the Services that Care Bloom, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services.

  1. Ownership

We own or license the content on the Services, including software, text, visual, and audio content (collectively, the "Content") and Care Bloom's trademarks, logos, and brand elements (collectively, the "Marks").  The Content and Marks are protected under U.S. and international laws.  We reserve all rights not expressly granted to you.

  1. Privacy

Care Bloom respects your privacy.  Please read our Privacy Policy to learn how we collect, use, and disclose information about you. All users granted access to an account will have access to the personal information contained within that account, including the care recipient’s data.

  1. User Accounts

When you register as a user on the Services, you must establish a username and password for access to your account and create a personal profile. You may only use this account personally and may not share your account with anyone else. You agree to keep your contact and billing information (including, but not limited to, your email address) up-to-date and to comply with all billing procedures, including providing and maintaining accurate, truthful and lawful billing, credit card and profile information for active accounts.

You will be solely responsible for all acts or omissions that occur under your account. You agree that if you provide your Care Bloom account login information to someone or allow others to use the Services, you will be held responsible for all activity on the Services, whether such activity is undertaken by you or someone else.

  1. Security

You are responsible for ensuring the confidentiality and security of your username and password and agree not to disclose them to any other person. It is your sole responsibility to control the use of your username and password and promptly inform us if you believe your account or password has been compromised. We cannot and do not assume any responsibility or liability for any information you submit or your or any third parties’ use or misuse of information transmitted or received using the Services.

  1. Third Party Content and Interactions

The Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Care Bloom, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general.  Your interactions with organizations found on or through the Services are solely between you and such organizations or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties.  You agree that Care Bloom is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings.  IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:  A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

  1. Payment

The Services are billed in advance on a monthly basis. You agree to pay monthly recurring fees at the beginning of the billing cycle in which you receive the Services until your Service Agreement is cancelled. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all taxes, levies, or duties associated with your purchases hereunder, excluding only United States (federal or state) income taxes.

When you sign up for the Services, you consent and authorize us to automatically collect payments of all fees, charges, and taxes associated with use of the Services as set forth in your Service Agreement from your designated payment method associated with your account until your Service Agreement is cancelled. Your payment date will be your monthly anniversary date of sign up.  We will send your monthly billing statement to the email address associated with your account, which will contain all fees, charges, and taxes for the applicable billing cycle. You may also view your billing statements by logging into your account on https://carebloom.com/. You agree to provide us with accurate and complete payment information and promptly notify us of any changes to your payment information. If you make changes to your payment information less than 24 hours before your next billing date, we may not be able to apply these changes to your next billing cycle. You can make changes to your payment information via your account on https://carebloom.com/ or by contacting Customer Support.

  1. Subscription Cancellation and Refund Policy

After your initial 6-month subscription period, you can cancel your plan at any time through your online account at https://carebloom.com/ or through our customer service line. We reserve the right to terminate any Service plan you purchased from us at our discretion at any time, in accordance with these Terms.

If you cancel before the 6-month subscription period, you will be charged a “cancellation fee” that is comprised of the remaining months left in the 6-month period. You will be charged this fee in one lump sum or may choose to continue the monthly billing until the 6-month subscription period has ended.

You may request a refund on the full purchase price if you cancel your Services within 7 calendar days of activation of the Services. You will be responsible for packing and shipping the devices. Our customer Service operator will provide the shipping address upon confirmation of refund. Except as otherwise noted in this Refund Policy, there will be no refunds or credits for partial months of service or refunds for months unused with an open account after that one week period. To initiate a refund, you must request a refund through our website or customer service line. All refunds will be processed within 60 business days after you submit the refund request and the full Care Bloom kit is returned and reviewed.

You may request to cancel the subscription in the event that the care recipient passes away or enters a long-term care facility prior to the conclusion of the initial 6-month subscription period. In such case, you will not be charged for the remainder of the 6-month period after the Care Bloom devices are returned. You will be responsible for packing and shipping the devices. Our customer Service operator will provide the shipping address upon confirmation of care plan change.

After the 6-month period, you do not need to return any devices associated with your account to complete the cancellation. You must cancel before your monthly anniversary date. If you cancel after, your Services will remain active until the end of the corresponding subscription period and you will not be refunded for the subscription or any additional services you purchased. Except as otherwise required by applicable law and this Refund Policy, you will not receive any refund of amounts paid to us in connection with any Service plan, whether cancelled by you or terminated by us.

  1. Links

The Services may contain links to other websites, or allow others to send you such links.  A link to a third party's website does not mean that we endorse it or that we are affiliated with it.  We are not responsible or liable for any damage or loss related to the use of any third-party website.  You should always read the terms and conditions and privacy policy of a third-party website before using it.  

  1. Access Outside of the United States

The Services are intended for use within the United States and we make no claims that the Services are appropriate to be downloaded and/or used outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

  1. Export Controls

You may not use the Services in or for the benefit of, export, or re-export (a) to any U.S. embargoed countries (collectively, the “Embargoed Countries”) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, any other restricted party lists (existing now or in the future) identified by the Office of Foreign Asset Control, the U.S. Department of Commerce Denied Persons List or Entity List, or any other restricted party lists (collectively, “Restricted Party Lists”). You represent and warrant that you are not located in any Embargoed Countries and not on any such restricted party lists. You must comply with all applicable laws related to Embargoed Countries or Restricted Party Lists.

  1. Termination

We reserve the right not to provide the Services to any user.  We also reserve the right to terminate any user's right to access the Services at any time, in our discretion.  If you violate any of these Terms, your permission to use the Services automatically terminates.

  1. Disclaimer and Limitations on Our Liability

YOU USE THE SERVICES AT YOUR OWN RISK.  THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CARE BLOOM AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). CARE BLOOM DOES NOT GUARANTEE THAT (a) THE PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS, OR (b) THE SERVICES WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS.

IN PARTICULAR, CARE BLOOM AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SERVICES), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SERVICES.  CARE BLOOM AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:  (a) VIOLATIONS OF PRIVACY DUE TO YOUR FAILURE TO OBTAIN PATIENT CONSENT TO BE MONITORED; (b) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (c) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS OR USE OF THE SERVICES; (d) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (e) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (f) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SERVICES; OR (g) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. YOU ACKNOWLEDGE THAT CARE BLOOM DOES NOT CONTROL THE TRANSFER OF DATA OVER THE INTERNET, AND THAT THE SERVICES WILL BE SUBJECT TO LIMITATIONS INHERENT IN THE USE OF THE INTERNET. CARE BLOOM IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RESULTING FROM LIMITATIONS INHERENT IN THE USE OF THE INTERNET.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARE BLOOM OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CARE BLOOM NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations and disclaimers may not apply to you.  To the extent Care Bloom may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Care Bloom's liability will be the minimum permitted under such law.

  1. Indemnification

You agree to indemnify, defend, and hold Care Bloom and its Affiliates harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) the failure to obtain the patient’s consent, or the patient’s authorized representative’s consent on the patient’s behalf, to be monitored by the Services; (b) any information that you or anyone using your account submit, post, or transmit on or through the Services; (c) the use of the Services by you, anyone accessing or using your account; (d) the violation of these Terms by you or anyone accessing or using your account; or (e) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account.  Care Bloom reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  If we do assume the defense of such a matter, you will reasonably cooperate with Care Bloom in such defense.

  1. Dispute Resolution & Arbitration

(a).   Applicable Law. You and Care Bloom agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of the Terms or your use of, or access to, the Services will be resolved in accordance with the provisions set forth in this Section 17. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND CARE BLOOM HAVE AGAINST EACH OTHER ARE RESOLVED.

Care Bloom and you agree that the Terms are governed by the Federal Arbitration Act (“FAA”) and applicable federal law, including, but not limited to, determinations of arbitrability. Without limiting the general applicability of federal law to the Terms (including, but not limited to, any and all determinations of arbitrability as provided for in Section 17, Dispute Resolution and Arbitration, to these Terms) and only to the extent state law may apply to the Terms, the Care Bloom and you agree the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Terms. Foreign laws do not apply.

Legal notices shall be served on the Care Bloom’s national registered agent (in the case of Care Bloom) or your email address on file with us (in your case). Notice by us to you shall be deemed given within twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to any physical address you have on file with us. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.

You and the Care Bloom each agree that any and all disputes or claims that have arisen or may arise between you and the Care Bloom relating in any way to or arising out of the Terms or your use of or access to the Services, shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The FAA governs the interpretation and enforcement of this Agreement to Arbitrate.

In order to ensure the availability of witnesses, unless otherwise prohibited by law, arbitration will be held in Cuyahoga County, Ohio In all cases, arbitration will be held in accordance with this Section 17, Dispute Resolution & Arbitration. Subject to Section 17, Dispute Resolution & Arbitration and to the extent permissible under the Terms, any court proceedings must be initiated in the applicable federal or state court located in Cuyahoga County, Ohio.

(b).   PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF (THE “CLASS ACTION WAIVER”). YOU AND CARE BLOOM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND CARE BLOOM AGREE OTHERWISE IN A SEPARATE WRITING, THE ARBITRATOR MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER CARE BLOOM USERS. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S PROHIBITIONS ON CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTIONS OR PROCEEDINGS AS TO ANY CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND RESOLVED IN COURT, SUBJECT TO YOUR AND CARE BLOOM’S RIGHT TO APPEAL THE COURT’S DECISIONS. ALL OTHER CLAIMS WILL BE ARBITRATED.

Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not award “public injunctive relief” under California law. See, e.g., McGill v. Citibank, N.A., 393 P.3d 85, 90 (Cal. 2017) (“[P]ublic injunctive relief … is relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public.”). Rather, public injunctive relief may be awarded only by a federal or state court.  If either party seeks public injunctive relief, all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for public injunctive relief in federal or state court shall be stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for public injunctive relief  In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

(c).   WAIVER OF JURY TRIAL. IN ALL EVENTS, EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES. THE PARTIES FURTHER AGREE THAT, IF AND TO THE EXTENT THIS AGREEMENT TO ARBITRATE DOES NOT APPLY TO ANY CLAIM, THAT CLAIM WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.

(d).   Arbitration Procedures. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should also apply the Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to the interpretation and enforceability of the CLASS ACTION WAIVER will be resolved by a court of competent jurisdiction. Other than issues related to the CLASS ACTION WAIVER, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising out of or relating to the interpretation, validity, applicability, enforceability, or formation of this Agreement to Arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the Terms are void or voidable.  The FAA and federal arbitration law apply to this Agreement to Arbitrate.

  1. Informal Dispute Resolution. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone conversation between you personally and us. To initiate this good faith effort to informally resolve a dispute, you agree to notify us in writing at Care Bloom, Inc., 3401 Enterprise Parkway, Suite 205, Cleveland, Ohio 44122, of the nature of this dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain sufficient understanding of the dispute. During the 60 days from receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within those 60 days (which can be extended by agreement of the parties), you or we may commence arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completion of this informal dispute resolution process is a condition precedent to filing an arbitration. You and we agree to toll the statute of limitations and any filing fee deadlines while the parties engage in this informal dispute resolution process. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. We will send any dispute related notice to you at the contact information we have for you. If, for some reason, the dispute is not satisfactorily resolved within thirty (30) days after receipt, any further dispute resolution will occur according to the provisions below. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing a formal dispute resolution proceeding, such as an arbitration or small claims court proceeding.

  2. Arbitration with AAA. If we are unable to resolve the dispute through the mandatory informal dispute resolution process described herein, and except as set forth below, you and we agree that we will resolve any controversies, claims, counterclaims, or other disputes between you and us or you and a third-party agent of ours (each a “Claim”) through binding and final arbitration, instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”)(as applicable), as modified by this Agreement to Arbitrate. The AAA Supplementary Rules for Class Arbitrations will not apply. This Agreement to Arbitrate applies to any existing or future Claims that you have not individually filed in a court of law prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be heard and determined by a single arbitrator. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Ohio, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law.  The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law.

  3. Arbitration Initiation. If you or Care Bloom are unable to resolve any Claims informally, you or Care Bloom may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must send a copy of the completed form to the opposing party. You may send a copy to Care Bloom at the following address: 3401 Enterprise Parkway, Suite 205, Cleveland, Ohio 44122]. In the event Care Bloom initiates arbitration against you, it will send a copy of the completed form to any physical address we have on file associated with your account (or your email address if no physical address is on file.

    Any party to the arbitration may, at any time more than ten (10) days before arbitration, serve an offer of compromise in writing upon any other party to the action.

  1. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise stated in this Agreement to Arbitrate. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

(e).    Availability of Other Forms of Relief. This Agreement to Arbitrate does not preclude either party from seeking action by federal, state, or local government agencies. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions and any such request shall not be deemed incompatible with this Agreement to Arbitrate, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement to Arbitrate.

(f).    Severability. With the exception of any of the provisions in the CLASS ACTION WAIVER, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section shall continue in full force and effect. No waiver of any provision of this Agreement to Arbitrate will be effective or enforceable unless recorded in writing and signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Agreement to Arbitrate will survive the termination of your relationship with us.

(g).    Mass Arbitration Process Requirements. If twenty-five (25) or more similar claims are asserted against us by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your dispute might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules: Counsel for the claimants and our counsel shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration, nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge and we will pay the mediator's fee. If the parties are unable to resolve the remaining matters through mediation at this time, then each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration, nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process, unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge and we will pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this section regarding “Disputes” from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against us. Should a court of competent jurisdiction decline to enforce these "Mass Arbitration Process Requirements," you and we agree that you and our counsel shall engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

(h).   Opt-Out Procedure.  If you are a new user of our Services, you can choose to reject this Agreement to Arbitrate by notifying us in writing that you opt out (“Opt-Out Notice”).  Your Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept the Terms for the first time. You must mail your Opt-Out Notice to: Care Bloom, Inc., 3401 Enterprise Parkway, Suite 205, Cleveland, Ohio 44122.

Your Opt-Out Notice should state that you opt out of this Agreement to Arbitrate and provide your name, address (including street number and address, city, state, and zip code), phone number, and the email address(es) used to login to your account(s) to which the opt-out applies. You must sign and date the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

              (1).   Future Amendments to Agreement to Arbitrate.  Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and Care Bloom prior to the effective date of the change. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate by posting the amended terms on our Services at least thirty (30) days before the effective date of the amendments and by sending notice via email to your email address on file with us. If you do not agree to the amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

  1. California Users and Residents

Any and all comments, questions or concerns about the Services can be addressed and sent to us via certified mail to: 3401 Enterprise Parkway, Suite 205, Cleveland, Ohio 44122. California users may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Sacramento, CA 95834 or by phone at (800) 952-5210.

  1. Other Provisions
  1. When you use the Services, you consent to communicating with us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You understand if you do not provide us with and maintain in your account profile, your current and active email address, we may not be able to contact you.
  2. Under no circumstances will Care Bloom be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
  3. These Terms will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any conflict of laws rules or provisions.  
  4. You agree that any action of whatever nature arising from or relating to these Terms or the Services will be filed only in the state or federal courts located in Cuyahoga County, Ohio.  You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
  5. If there is a conflict between an oral or written representation made by Care Bloom or any Care Bloom employee or agent and these Terms, these Terms will prevail. If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.  
  6. The failure of Care Bloom to enforce any right or provision of these Terms will not prevent Care Bloom from enforcing such right or provision in the future.
  7. Headings in the Terms are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.
  8. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets, or by operation of law.
  1. Changes to these Terms

We may change these Terms from time to time.  If we change these Terms, we will inform you by posting the revised Terms on the Services.  Those changes will go into effect on the “Revised” date shown in the revised Terms.  By continuing to access or use the Services, you agree to the revised Terms.