These terms of use (“Terms”) govern your access to, and use of, the website at https://www.bloomthrives.com and mobile application (collectively the “Site”).  By accessing or using this Site in any manner, you agree to be bound by these Terms for your access to and use of the Site. This is a legally binding agreement.  Your use of the Site is for the purposes of learning, and perhaps requesting more information, about Medicare through educational services or appointments that Bloom offers, possibly submitting an enrollment application, thereby authorizing the health plan you have chosen to access your personally identifiable health information (“PHI”) through the Site, and possibly applying for employment with us, thereby authorizing at your choice our third party provider that manages applicants on our behalf (the foregoing, collectively, the “Purposes”). 

NOTICE OF ARBITRATION: PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH BLOOM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

User of the Site and Site Ownership

Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited right to access the Site solely for the Purposes. Please note that health plans and our applicant manager are independent of us and not subject to our direction or control; thus, our relationship with them is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like. 

This Site is protected by copyright and other intellectual property laws.  As a condition of your use of this Site, you warrant that you are 18 years of age or older.  You agree to comply with all applicable laws regarding your use of the Site. This Site is not intended for children or any person under the age of 18.  We do not knowingly collect the information of anyone under the age of 18.

Please refer to our Privacy Policy at https://www.bloomthrives.com/privacy-policy/ for information on how we collect, use and disclose information from our users, which policy is incorporated into these Terms by this reference.  

By using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Site may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them.  

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; (d) no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (e) you shall not interfere with or damage the Site, or access, tamper with, or use non-public areas of the Site; (f) you shall not violate any law or regulation, or any order of a court; (f) you shall not “scrape,” “crawl” or “spider” any web pages or other services contained in the Site; (g) you shall not display, mirror or frame the Site, or any individual element within the Site; and (h) attempt to probe, scan, or test the vulnerability of the Site or network.  All copyright and other proprietary notices on the Site must be retained on all copies thereof.

We reserve the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Copyright Policy

We respect the intellectual property of others and ask that users of our Site do the same.  In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights.    If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
• description of the copyrighted work that you claim has been infringed;
• description of the material that you claim is infringing and where it is located on the Services;
• identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
• your address, telephone number, and email address;
• statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at john.eisenhart@fisherbroyles.com or by mail at Copyright Agent, c/o 180 Old Browntown Lane, Huntly, VA 22640  

Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.

Copyright/Trademark Information

Copyright 2022. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these marks without our prior written consent or the consent of such third party which may own the marks.

Warranty and Liability Disclaimer

THIS SITE AND THE INFORMATION ON THIS SITE IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT AND/OR SERVICES CONTAINED OR DESCRIBED ON THIS SITE FOR ANY PURPOSE.  ALL SUCH INFORMATION AND CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND BY US AND OUR LICENSORS AND SUPPLIERS AND WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, OR THAT THIS SITE, ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

Limitation on Damages

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, SHALL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

Limitation on Liability

IN NO EVENT SHALL WE BE LIABLE TO ANY PARTY IN EXCESS OF THE AMOUNT PAID FOR ACCESS TO THIS SITE DURING THE THREE-MONTH PERIOD PRIOR TO THE ACCRUAL OF THE CLAIM.

Indemnification

You agree to defend and indemnify us from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, liabilities, or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees brought by third-parties as a result of your breach of these Terms; your violation of any law or the rights of a third-party; or your use of this Site.

Violation of These Terms

You agree that we may, in our sole discretion, without prior notice and to the extent applicable, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms will cause us irreparable harm for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.  

Governing Law and Dispute Resolution

You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.  

Binding Arbitration. You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with these Terms and the use of the Services (collectively, “Disputes”), shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by these Terms.  There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not extend to Disputes in which either party seeks (i) 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, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).  

No Class Arbitrations, Class Actions or Representative Actions.  Any 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.  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, 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.  

Location.  The location of the arbitration shall be in Dover, Delaware. 

Authority of Arbitrator(s).  As limited by the AAA Rules and these Terms, the arbitrator(s) will have (i) 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 (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms, or to award punitive damages or any other damages that are not compensatory.  The arbitrator(s) 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.  

Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in the State of Delaware for the purpose of litigating all such disputes.  You also waive your rights to a jury trial.

Time Limit for Claims. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.  YOU AGREE THAT NO CLASS ACTION MAY BE PURSUED OR MAINTAINED WITH RESPECT TO ANY DISPUTE REGARDING THESE TERMS.

Severability of Dispute Resolution; Arbitration.  In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.

Users Outside the United States

Although the Site is accessible worldwide, it is directed toward users in the United States. If you choose to access the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Links to other Sites

Our Site may contain links to other websites for your convenience or information, including if you utilize the Health Tools or link to our Careers page.  These websites may be operated by companies unaffiliated with us, and we are not responsible for the content or privacy practices of those websites.  Linked websites may have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit the websites.  

Contact Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

Bloom Insurance Agency LLC
1801 S. Liberty Dr.
Bloomington, IN 47403

Email: privacy@bloominsurance.com

Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will not be affected, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.   

You may preserve these Terms in written form by printing it for your records, and you waive any other requirement that these Terms be evidenced by a written document.

[End of Terms of Use]