Introduction. Welcome to com(the “Blum Digital Site”), the website of Blum Digital LLC (“Blum Digital” or “we”). Through the Blum Digital Site, you can participate in various programs (each, a “Program”) that follow or derive from books written by Dr. Susan Blum, including The Immune System Recovery Plan and Healing Arthritis (each, a “Book”) and shop for the Books, supplements (“Supplements”) and other products. All Programs come with instruction guides, recipe books, nutrition guides, and/or other materials (collectively, “Program Materials”).
Participation in Programs. Each Program has its own duration, features and pricing. Some Programs include live coaching and/or Facebook® support groups. You are responsible for reading the information on the Blum Digital Site and deciding which Program is appropriate for you.
Supplement Kits. For each Program, in addition to the Program Materials, we offer a kit that contains the Supplements that you need to follow that Program (a “Kit”). The doses of Supplements included in any Kit may vary from the doses of those Supplements that are recommended in the Book on which that Program is based, if that Program is based on a Book. Also, depending on your personal tolerance for and reaction to different Supplements, as you proceed through the Program, you may need to buy additional quantities of certain Supplements to last for the entire duration of that Program. The instruction guide that comes with each Kit, which you can read online before ordering that Kit, explains these differences. When you sign up for a Program, it is up to you whether to order a Kit or order the Supplements for that Program on your own.
How we may communicate with you through the Blum Digital Site
- We may contact you in different ways. We may provide notifications to you via email notice, “push” notifications (“Messages”) on your Mobile Device, or through posting of such notices on the Blum Digital Site, as determined by us in our sole discretion.
- Make sure you can get our emails. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add firstname.lastname@example.org to your email address book to help ensure that you receive email notifications from us.
- User-Generated Content. If you submit a question for Ask Us Anything, or send us any other content (collectively, “User-Generated Content”), you grant, and you represent and warrant that you have the right to grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to reproduce, publicly display, and distribute copies of that User-Generated Content, and both to edit that User-Generated Content and to incorporate that User-Generated Content into the Blum Digital Site as Blum Digital may see fit.
DISCLAIMER OF WARRANTIES/ LIMITATIONS OF LIABILITY
- NO BOOK OR ANY INFORMATION ON THE BLUM DIGITAL SITE, OR ANY INFORMATION OR ADVICE THAT YOU MAY RECEIVE VIA EMAIL, IN PRINTED MATERIAL, IN ANY PROGRAM CHATROOM OR LIVE COACHING SESSION, OR OTHERWISE BY PARTICIPATING IN ANY PROGRAM, HAS BEEN ASSESSED BY THE FOOD AND DRUG ADMINISTRATION.
- NO BOOK OR ANY INFORMATION ON THE BLUM DIGITAL SITE, OR ANY INFORMATION OR ADVICE THAT YOU MAY RECEIVE VIA EMAIL, IN PRINTED MATERIAL, IN ANY PROGRAM CHATROOM OR LIVE COACHING SESSION OR OTHERWISE BY PARTICIPATING IN ANY PROGRAM, IS IN ANY WAY A SUBSTITUTE FOR THE ADVICE OF YOUR OWN PHYSICIAN OR OTHER MEDICAL PROFESSIONALS BASED ON YOUR OWN INDIVIDUAL CONDITIONS, SYMPTOMS, OR CONCERNS. THE HEALTHCARE PROFESSIONALS WHO RESPOND TO “ASK ME ANYTHING” EMAILS AND WHO PARTICIPATE IN PROGRAM CHAT ROOMS OR LIVE COACHING SESSIONS, INCLUDING DR. BLUM, WILL NOT KNOW ANYTHING ABOUT YOUR PERSONAL CONDITION. IF YOU NEED PERSONAL MEDICAL, HEALTH, DIETARY, EXERCISE, OR OTHER ASSISTANCE OR ADVICE, YOU SHOULD CONSULT A COMPETENT PHYSICIAN AND/OR OTHER QUALIFIED HEALTHCARE PROFESSIONALS.
- Supplements have different effects on different people. Any Supplement, including any herbal Supplement, may cause side effects such as stomach upset, nausea and diarrhea, even if you take it according to the directions on the package. Some people are particularly sensitive to certain Supplements. Certain Supplements may adversely affect the effectiveness of birth-control pills. Some Supplements may not have any negative impact on you, but they may not relieve your symptoms. YOU SHOULD CONSULT YOUR OWN PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL BEFORE TAKING ANY SUPPLEMENT. A meal prepared from a particular recipe in one of our nutrition or recipe guides also may not agree with you.
- PARTICIPATING IN ANY VERSION OF ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, TAKING ANY SUPPLEMENTS OR OTHER PRODUCTS OR COMMUNICATING BY EMAIL OR IN A CHAT ROOM OR A LIVE COACHING SESSION, WILL NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND DR. BLUM OR ANY OF THE OTHER HEALTHCARE PROFESSIONALS WHO PROVIDE SERVICES AS PART OF THAT PROGRAM.
- BLUM DIGITAL AND DR. BLUM SPECIFICALLY DISCLAIM ALL RESPONSIBILITY FOR ANY INJURY, DAMAGE OR LOSS THAT YOU MAY INCUR AS A DIRECT OR INDIRECT CONSEQUENCE OF PARTICIPATING IN ANY PROGRAM, FOLLOWING ANY DIRECTIONS OR SUGGESTIONS OFFERED ON THE BLUM DIGITAL SITE OR BY EMAIL OR IN A CHAT ROOM OR A LIVE COACHING SESSION OR OTHERWISE, TAKING ANY SUPPLEMENT OR OTHER PRODUCT, OR EATING FOOD PREPARED FROM ANY RECIPE THAT IS PROVIDED TO YOU THROUGH THE BLUM DIGITAL SITE, OR FOR THE FAILURE OF ANY SUPPLEMENT OR ANY VERSION OF ANY PROGRAM AS A WHOLE TO ALLEVIATE YOUR SYMPTOMS, IMPROVE YOUR CONDITION, OR MEET YOUR OTHER INDIVIDUAL GOALS.
- BLUM DIGITAL AND DR. BLUM ALSO DISCLAIM ANY WARRANTY OF ANY KIND RELATING TO THE TECHNICAL RESULTS OF YOUR USE OF OR INTERACTION WITH THE BLUM DIGITAL SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE BLUM DIGITAL SITE WILL OPERATE CONTINUOUSLY OR ERROR-FREE ON YOUR OPERATING SYSTEM OR THAT ANY USER CONTENT ON THE BLUM DIGITAL SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation on Disclaimers of Warranty. Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Termination of Access to Site. We may block your access to the Blum Digital Site, terminate your subscription to any newsletter, email, or other communication from the Blum Digital Site, and/or terminate your access to or participation in any Program, in our sole discretion.
Indemnity. You will indemnify and hold harmless Blum Digital and/or Dr. Blum, as applicable, and their affiliates, partners, directors, employees, agents and representatives from any loss, liability, claim, demand, fees, and expenses, including reasonable attorney’s fees (collectively, “Claims“) made by any third party (which means anyone other than you) due to or arising out of your use of the Blum Digital Site, including, without limitation, any Claim arising from your participating in any Program or providing any third party with any products that you have bought through the Blum Digital Site.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL BLUM DIGITAL OR DR. BLUM OR ANY OF THEIR RESPECTIVE AFFILIATES, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE BLUM DIGITAL SITE, ANY SUPPLEMENTS OR OTHER PRODUCTS, ANY GUIDE OR OTHER WRITTEN MATERIAL, YOUR PARTICIPATION IN ANY PROGRAM, OR FROM YOUR INABILITY TO USE THE BLUM DIGITAL SITE OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BLUM DIGITAL SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.
- Before initiating any arbitration proceeding, you will first discuss the matter informally with us in good faith for at least 30 (thirty) days. To initiate such a discussion, please send your full name and contact information, your concern and your proposed solution by mail to us at email@example.com.
- You must begin any arbitration WITHIN ONE YEAR after your claim arose; otherwise, your claim will be waived.
- You may arbitrate with us only in your individual capacity, not as a representative or member of a class (i.e., a group of people). That means that your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
- Arbitration will be exclusively held in White Plains, New York. Each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. There will be a single arbitrator. In order to select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter. Each party may strike one of the names on the other party’s list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
- Both you and we will keep all information about the arbitration and any arbitration award CONFIDENTIAL, except as may be necessary to prepare for or conduct the arbitration on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
- In arbitration, (i) the arbitrator will not be authorized or empowered to award indirect or consequential damages, (ii) neither you nor we will seek punitive or exemplary damages, and (ii) the arbitrator may award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by such party in connection with the arbitration (“Prevailing Party’s Costs”). If the arbitrators determine one party to be the prevailing party under circumstances where the prevailing party prevailed on some but not all of the claims and counterclaims (if any), the arbitrator may award the prevailing party an appropriate percentage of the Prevailing Party’s Costs.
- You acknowledge that by agreeing to arbitrate, YOU AND WE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. In any litigation between you and us over whether to vacate or enforce an arbitration award, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute resolved by a judge.
- If you have a claim that qualifies for resolution in small claims court, you may assert that claim in small claims court in White Plains, New York, on an individual basis only (i.e., not as part of a class action and not as a member of any class).
- If you’re not sure what all of this means, please feel free to ask an attorney.