BloomTech Inc. and its affiliates (“Bloom Institute of Technology,” “BloomTech”, “we,” “us”) provide online classes, seminars, collaboration spaces, platforms, programs, products, tools, systems, services and other offerings through which among other things, users can learn, teach, develop, communicate, and connect (collectively, the “Service”).
You agree to these Terms whenever you visit, view, attend, use or access our Service, website bloomtech.com and/or any Bloom Institute of Technology controlled websites, software, applications, functionalities, content, materials, or other online services provided by Bloom Institute of Technology, whether partial, mobile, or otherwise.
You may express an interest in and, if admitted, sign up for a program using the Service. We do not promise admission to nor ongoing availability of any particular program, or warrant its content. We determine scheduling, rescheduling, and cancellation policies and apply them at our discretion.
Bloom Institute of Technology may change, suspend, or evolve any aspect of the Service over time or any feature of the Service, how the Service is delivered (in a particular app, software, or otherwise) or who may access it, without notice or liability. For example, we may condition access to our Service on good standing or compliance with these Terms and your agreements with us.
By using or accessing the Service, you (a) acknowledge that you have read and understand these Terms; (b) represent that you are at least 18 years of age and capable of agreeing to the Terms, or if you are under 18, that your parent or guardian has provided consent for you to access and use the Services; and (c) agree that you are legally bound by them. Your use of the Service is subject to your ongoing compliance with these Terms and any other written agreements between us.
The Service is not directed to or for anyone under the age of 13.
Revisions to Terms. We reserve the right to modify, update or change these Terms at any time, and we’ll give you notice by posting an updated version here. Your use of the Service is subject to the most current version of these Terms available at the time of your use. Your continued use of the Service after a change to these Terms constitutes your binding acceptance of them.
Cancelation/Withdrawal. We are aligned for your success and support you, but we understand in some cases you may not be able to continue, and may want to withdraw from Bloom Institute of Technology or otherwise stop using the Service.
For some programs, you may be responsible for a pro-rata portion of tuition under agreement(s) with us. These Terms do not relieve your responsibilities under those agreement(s), including for applicable amounts owed. We may determine that your material breach of these Terms means you are not in good standing as a student.
Third Party Services. The Service may include links or access to third-party tools, websites, systems or applications such as messaging platforms, content systems, or webinar software. We use third-party software, applications, systems, tools and services to help us communicate with you and to provide the Service, including email and Slack.
Some of these third-party websites may use Bloom Institute of Technology Content (defined below) under license from Bloom Institute of Technology. Some third-party services use links that exit the Service.
Featuring an instructor or program. We may feature, advertise or recommend a program or instructor, but that doesn’t mean we represent that they will be your instructor, or assure their individual quality or any learning you may achieve as a result of taking that instructor’s courses or our Service overall. Different learners have different styles and learn at different paces, however it is ultimately the learner’s responsibility to take an active role in their learning and understanding, alongside the structure and support provided by Bloom Institute of Technology.
Program Fees. We may vary the cost of our services, including tuition, payment methods and deferred tuition programs, or fees from time to time by region, in our sole discretion, and availability is not guaranteed and other Terms may apply based on your program or individual agreement(s) you may have. Please review the Terms in your Enrollment Agreement or other agreement(s) applicable to your program for additional information.
You agree to pay us for your purchases. Your use of the Service may be part of a program you’ve agreed to pay us for, for example in the form of tuition listed in an Enrollment Agreement. You agree and understand that your continued use of the Service constitutes your continued agreement to pay for all applicable programs as outlined in any and all incorporated instruments, documents, agreements, or notices. Payment method and availability, and refund or proration policies for payments made, may vary by location or based on regulation and may be updated from time to time. If you have an issue with payments for any aspect of the Service or to Bloom Institute of Technology, you agree to submit disputes via the appropriate channels in a timely fashion.
Your Account. You may be required to create an account to use parts of the Service. You agree to provide true, accurate, and correct information, and to update that information if it changes. You recognize that providing false information violates this and other agreements you may have with Bloom Institute of Technology.
Communications; Electronic Notices. You agree to receive communications from or on behalf of Bloom Institute of Technology at any email address, phone number, or other point of contact you provide us pursuant to our policies.
You further agree that all Terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were provided to you in writing.
Content; license; and ownership. The contents of the Service include but are not limited to curriculum, pedagogy, information, data, designs, text, graphics, pictures, images, video, logos, button icons, software, audio or sound files, computer code, materials and other work (collectively, “Content”).
All Content and the selection, assembly, compilation, and/or arrangement thereof are the property of Bloom Institute of Technology or its licensors and are protected under copyright, trademark, and other laws.
There are no implied licenses granted in these Terms.
License to You. We authorize you, subject to these Terms, to access and use the Service and the Content solely for your personal, non-commercial use of our Service, in our sole discretion. All other use is expressly prohibited.
No material made available on or through the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner unless such Content is specifically made available for and authorized to be downloaded from the Service, in which case you are authorized to download a single copy of such Content for your own personal use. You agree to immediately return any and all Bloom Institute of Technology property in your possession or control if you leave, withdraw or are withdrawn.
Certain Content made available for download from or through the Service may also be subject to additional or different license Terms and conditions. Any such Terms and conditions shall be identified in advance for such Content, and by downloading or using any Content governed by any other license Terms and conditions, you hereby agree to be bound by and comply with such Terms and conditions.
Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. The modification of Content and other materials obtained from the Service, including, but not limited to, User Content (defined below), for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of Bloom Institute of Technology or its licensors, unless you have obtained express written authorization to the contrary. You must preserve all applicable copyright, trademarks, service marks, and other proprietary notices.
This license is revocable by Bloom Institute of Technology at any time without notice and with or without cause.
Trademarks. Bloom Institute of Technology, BloomTech Inc., Bloom Institute of Technology Labs, Bloom Institute of Technology Fellows, Bloom Institute of Technology Codex, and other references are trademarks of BloomTech Inc., and we reserve all rights in them.
User Content. The Service may provide you with the ability to create, draft, post, or share content, like messages in Slack (“User Content”). You or a third-party licensor, as appropriate, retain all intellectual property rights to your User Content. You are responsible for protecting those rights.
Our Service is accessible to a variety of users. While certain aspects of the Service may be more visible to fewer other users, we make no representations and warranties with respect to the confidentiality of any User Content you post or submit through the Service.
User Content within our school and externally for any purpose including promotional purposes without compensation to you. You waive any rights you may have regarding your User Content being altered, edited or changed. We reserve the right to refuse to accept, post, display, or transmit any User Content in our sole discretion.
You may contact us via email at email@example.com at any time to remove User Content, and we will endeavor to meet your request.
You acquire No Ownership of others’ content. You understand and agree that you will not obtain, through use of the Service, any right, title, or interest (including intellectual property rights) in Content delivered via the Service.
The Service contains content from users and other Bloom Institute of Technology licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Service.
You must have rights to the content you post. You represent and warrant that: (i) you own or have the right to post any content you post; (ii) the posting and use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of your User Content on the Service does not result in a breach of contract between you and a third party.
Copyright Policy. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send Bloom Institute of Technology a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
• Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Service;
• Your name, address, telephone number, and email address (if available);
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any copyright owner or its agent may provide written submissions of alleged infringements of alleged infringements to firstname.lastname@example.org or 548 Market St Ste 69148 San Francisco, CA 94104-5401. A notice may not be valid if it fails to comply with all of the above-listed requirements.
Suggestions and Submissions. We love hearing from our students and users and welcome your comments regarding our Service and programs. However, please be advised that if you raise or send us suggestions, comments, ideas, improvements, inventions, or other materials (“User Suggestions”), we will:
• own, exclusively, all now known or later discovered rights to the User Suggestions;
• not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any User Suggestions; and
• be entitled to unrestricted use of the User Suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
To submit any feedback or suggestions, please reach out to us via email at email@example.com.
Consequences of Violating these Terms. Bloom Institute of Technology can suspend access to the Service, terminate your account, and/or withdraw you and prevent access to the Service for any reason, and refuse to provide the Service to you in the future at our sole discretion, inline with these Terms and subject to any other agreements we may have with you at that time.
If you are withdrawn from Bloom Institute of Technology, the tuition proration policy may apply based on when you are withdrawn. You agree to pay for applicable Services you have used, and that you are responsible for repaying under agreement(s) you may have with us, such as an Income Share Agreement (ISA) or Enrollment Agreement. Please note that depending on the reason for withdrawal, you may not be eligible for re-admission.
We may review and remove any User Content at any time for any reason, including activity that violates these Terms, our Code of Conduct, or applicable law; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety or wellbeing of others or the Bloom Institute of Technology community. We are not obligated to review User Content, however, if a potential violation is brought to our attention, we reserve the right to further investigation and possibly remove a student for offenses that violate our community norms and/or policies.
Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY LAW, Bloom Institute of Technology, ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, OWNERS, MEMBERS, EMPLOYEES, INSTRUCTORS, AGENTS, SUBSIDIARIES, SERVICE PROVIDERS, PARTNERS, AND LICENSORS (collectively the “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.
(B) THE RELEASED PARTIES MAKE NO WARRANTY THAT:
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY GOOD, SERVICE, CONTENT OR MATERIAL WILL MEET YOUR NEEDS OR EXPECTATION; AND/OR
(v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND
(C) ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING, WHETHER FORESEEABLE OR UNFORESEEABLE), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATING TO:
(i) THESE TERMS OF SERVICE;
(ii) THE USE OR THE INABILITY TO USE THE SERVICE;
(iiI) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, CONTENT, MATERIALS, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE;
(iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(v) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE;
(vi) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US OR ON OR THROUGH THE SITE; OR
(vii) ANY OTHER MATTER RELATING TO THE SERVICE.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF, IN CONNECTION WITH THE SERVICE, OR YOUR USE OF THE SERVICE OR MATERIALS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY), WILL NOT EXCEED TOTAL UPFRONT PAYMENTS MADE BY YOU.
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 OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THIS EVENT, ONLY THE LIMITATIONS LEGALLY APPLICABLE TO YOU WILL APPLY, AND THE RELEASED PARTIES LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW
Indemnification. You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, liabilities, actions, expenses, or demands, including without limitation reasonable legal fee arising from or relating to your use of the Services. Your obligation to defend and indemnify the Released Parties shall survive the termination of your use of the Services.
Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising out of these Terms, use of the Service, any Agreements you have with us, your Bloom Institute of Technology tuition, or your payments to Bloom Institute of Technology (other than any proceeding commenced by either party seeking an injunction, a restraining order, or any other equitable remedy or a proceeding commenced by either party in small claims court), either party may demand that the dispute be resolved by binding arbitration administered by National Arbitration and Mediation (NAM) in accordance with its Comprehensive Dispute Resolution Rules and Procedures currently available at https://www.namadr.com/resources/rules-fees-forms/. If NAM is completely unavailable, and if you and BloomTech cannot agree on a substitute, then either you or BloomTech may request that a court appoint a substitute. The rules in this arbitration agreement will be followed if there is disagreement between the agreement and the arbitration forum’s procedures. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction. This arbitration agreement is governed by the Federal Arbitration Act (FAA). Any such arbitration must be conducted by one arbitrator. If the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator or (2) through a non-personal appearance remote hearing based telephone or virtual hearing.
Class Waiver and Waiver of Jury Trial. YOU AND Bloom Institute of Technology MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME ARBITRATION UNLESS THEY ARISE FROM THE SAME TRANSACTION.
YOU AND Bloom Institute of Technology HEREBY WAIVE YOUR RESPECTIVE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDINGS ARISING OUT OF THIS AGREEMENT, YOUR Bloom Institute of Technology TUITION, OR YOUR PAYMENTS TO Bloom Institute of Technology.
Applicable Laws Jurisdiction. You acknowledge and agree that any and all disputes, claims, and causes of action arising out of, or in connection with, in whole or in part, your use of the Website shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in San Francisco, California. This does not affect rights that you may have based on the state you live in to bring a complaint with your state’s education regulatory bureau.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, your rights and obligations, or the rights and obligations of Bloom Institute of Technology, shall be governed by, and construed in accordance with, the laws of California without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
User Content Disclaimers, Limitations, and Prohibitions. You agree to abide by these Terms and our community norms and policies, including but not limited to those outlined in our Student Guide and agree to use the Service only for its intended use and in compliance with all Terms, relevant privacy, data protection, intellectual property, and other applicable laws.
You are responsible for your content and actions when using and relying on the Service or content available on the Service. We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users or User Content. You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You may expose yourself to liability if, for example, your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
We own and/or license all Content. Bloom Institute of Technology Content is copyrighted and/or trademarked, and any unauthorized use of the Content may violate copyright, trademark, and/or other laws. You may view, access, download or print hard copies of the Content or your personal, educational, and non-commercial use only. You may not change the Content in any way or reproduce, publicly display, distribute, or otherwise use them for any public or commercial purpose. We strictly prohibit any use of the Content for any purpose not specifically identified or authorized in these Terms or expressly permitted in writing by Bloom Institute of Technology.
You further agree that you will not:
• use the Service or website in any unlawful or inappropriate manner or commit an illegal act in relation to the Service as determined by Bloom Institute of Technology in their sole discretion, or in any other manner that could damage, disable, overburden, or impair the Services or website or that would otherwise result in fines, penalties, and other liability to Bloom Institute of Technology or others;
• misuse, improperly share, or pirate property or violate privacy rights;
• attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Service, user accounts, or the technology and equipment supporting the Service;
• use automated scripts, data mining, robots or other data gathering services on, through or to otherwise interact with the Services or website;
• frame or link to the Service without permission;
• harass, abuse or post objectionable materials;
• post incomplete, false, or misleading information, impersonate another person;
• sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent;
• post advertising or marketing links or content, except as specifically allowed by these Terms or via prior written approval from Bloom Institute of Technology;
• use the Service after your account has been terminated, without our consent;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your qualifications, and/or your affiliation with any person or entity;
• disclose, copy, repost, transfer, publish, upload, display, or transmit or otherwise make publicly available on the Website any information obtained or learned through the Service, including any private information of any third party;
or access the Service from a jurisdiction where it is illegal or unauthorized.
Website Accessibility Notice. While we strive to adhere to the accepted guidelines and standards for accessibility and usability, some of our pages may not be compliant with Web Content Accessibility Guidelines (WCAG) as published by the Web Accessibility Initiative (WAI) of the World Wide Web Consortium (W3C).
If, because of a disability, you are unable to access our Service, have questions related to the accessibility of our Service, and/or would like to report barriers to accessing our Service or request a transcribed copy or assistance reading it, please email firstname.lastname@example.org
Regulatory Information. Where applicable, we are authorized by state regulators. Regulations in your state may control certain applicable policies, including ones regarding finances and withdrawal. You can find additional regulatory information on our Regulatory Information page.
General Terms. Bloom Institute of Technology’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
The various provisions contained within these Terms are separate and independent. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the remaining provisions of these Terms shall remain in full force and effect.
Contact/Feedback. If you have any questions or comments, please email us at email@example.com.
Date of publication: November 16, 2021