Terms of Use

Introduction

Bloom Pharmacy and its affiliates (collectively, “Bloom Pharmacy,” “we,” “us,” or “our”) own and operate the website located at bloomrx.health (the “Website”). In these Terms of Use, “you” and “your” refer to the person accessing or using the Website.

These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities with regard to the Website. Your access to and use of the Website is subject to these Terms of Use, our Privacy Policy, and all applicable laws and regulations.

These Terms of Use govern the Website only. They do not govern the dispensing of any medication. Medications are dispensed only pursuant to a valid prescription and are subject to applicable federal and state pharmacy law, the terms of the prescription itself, and any separate written agreement between Bloom Pharmacy and a prescriber, practice, or platform.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE WEBSITE. THESE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

1. Who We Are and What This Website Is

Bloom Pharmacy is a licensed compounding pharmacy. We hold active pharmacy licenses and registrations in the states in which we are authorized to operate, and we dispense only pursuant to a valid prescription issued by a licensed prescriber for an identified patient.

The Website is an informational and promotional resource. It describes our pharmacy, our compounding capabilities, our services for prescribers, telehealth platforms, medspas, and clinics, and general information about categories of medications we prepare. The Website is not a pharmacy counter, a patient portal, a prescribing service, or a telehealth service. We do not diagnose, treat, prescribe, or provide medical advice through the Website, and we do not employ or contract with prescribers to do so on your behalf.

Compounded preparations described on the Website are prepared pursuant to a valid, patient-specific prescription. Compounded medications are not approved by the U.S. Food and Drug Administration for safety, effectiveness, or manufacturing quality. Whether any medication, compounded or otherwise, is appropriate for a given patient is a determination for that patient’s prescriber.

Descriptions of medications, formulations, services, or capabilities on the Website are general in nature and are not a representation that any particular medication or formulation is safe, appropriate, effective, or available for you or for any particular patient. Availability of any medication or service varies by state, by prescriber, and by supply conditions.

2. Not for Emergencies or Medical Advice

The Website is not for use in a medical emergency. If you think you may have a medical emergency, call your doctor or 911 immediately, or go to the nearest emergency room.

Nothing on the Website is medical or pharmaceutical advice, and nothing on the Website establishes a pharmacist-patient relationship, a provider-patient relationship, or any professional relationship between you and Bloom Pharmacy. Always consult your prescriber or pharmacist regarding any medication, condition, symptom, side effect, or treatment decision. Do not disregard, avoid, or delay obtaining advice from a qualified health care professional because of anything you read on the Website.

If you are a patient and have a question about a medication we have dispensed to you, contact us directly using the information in Section 27 rather than relying on the Website.

3. User Age and Eligibility

The Website is intended for use only by individuals who are 18 years of age or older. By accessing or using the Website, you represent and warrant that you are at least 18 years old.

The Website is intended for use by persons located in the United States. We make no claim or representation that the Website or any material on it is appropriate or available for use outside the United States. If you access the Website from outside the United States, you do so on your own initiative and are solely responsible for compliance with local law.

If you register for an account or submit information through the Website, you agree to provide information that is accurate, current, and complete, and to comply with all applicable federal and state laws in doing so.

4. Your Permission to Use the Website

Subject to your compliance with these Terms of Use, we grant you a personal, limited, revocable, non-exclusive, and non-transferable permission to access and use the Website for your own informational and non-commercial purposes, or, if you are a health care professional or the representative of a practice, platform, or clinic, for the purpose of evaluating and communicating with us about our pharmacy services.

You may not transmit any content through the Website that you do not have the right to transmit, and you may not use the Website in violation of any applicable law or regulation.

5. Proprietary Rights

As between Bloom Pharmacy and you, Bloom Pharmacy is the sole and exclusive owner of all right, title, and interest in and to the Website and its content, features, and functionality, including all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel (“Website Content”). The Website Content is protected by United States and international copyright, trademark, and other intellectual property laws.

Certain names, logos, and other materials displayed on the Website may constitute trademarks, trade names, service marks, or logos of Bloom Pharmacy or its affiliates (“Marks”). You are not authorized to use any Marks without our express written permission. Ownership of all Marks and the goodwill associated with them remains with us or our affiliates.

Names and marks of third parties, including manufacturers of brand-name medications, that appear on the Website are the property of their respective owners. Their appearance does not imply any affiliation with, endorsement by, or sponsorship by those owners.

Except as expressly stated in these Terms of Use, no right, title, or interest in or to the Website or Website Content is transferred to you, and all rights not expressly granted are reserved.

6. Your Account

Certain parts of the Website may require you to create an account. If you create an account, you are responsible for maintaining the confidentiality of your username and password and for all activity that occurs under your account.

We recommend selecting a password of at least eight characters that combines letters and numbers, and that you do not reuse a password you use elsewhere. You may not transfer or share your password with anyone, use anyone else’s account, or create more than one account.

You agree to notify us immediately at info@bloomrx.health of any unauthorized use of your account or any other breach of security you become aware of relating to the Website, and to change your password promptly if you believe it may have been compromised. We may take any actions we deem reasonable or necessary to maintain the security of the Website, including suspending or terminating an account. We disclaim liability for losses and damages arising from your failure to comply with this section.

7. Information You Submit Through the Website

The Website includes forms through which you may contact us, ask about our services, or request that we follow up with you. Information you submit through those forms is used to respond to you and to evaluate and provide our services, as described in our Privacy Policy.

Please do not submit protected health information, clinical details, or other sensitive personal information through the Website’s general contact forms. Those forms are not a secure channel for health information and are not monitored for clinical or urgent matters. If you need to send us health information, contact us using the information in Section 27 so we can provide an appropriate channel.

Any suggestion, idea, comment, or other feedback you send us about the Website or our services is provided on a non-confidential and non-proprietary basis, and we may use it for any purpose without obligation or compensation to you.

8. Your Privacy

We understand the importance of confidentiality and privacy. Please see our Privacy Policy for information about how we collect, use, and disclose information. The Privacy Policy is incorporated into these Terms of Use by reference and forms a part of them.

9. Information Sent by Your Device

When you use the Website, we and our service providers may collect information sent by your computer, mobile device, tablet, or other device, including device identifiers, browser type, operating system, referring pages, and approximate location derived from your IP address.

Your device may also allow us to collect more precise location information. You can generally disable location sharing through your device or browser settings, though doing so may limit some functionality of the Website. Our Privacy Policy describes this collection in more detail.

10. Email and SMS Communications; Opt-Out

By providing your email address or mobile telephone number through the Website, you consent to our contacting you at that address or number in response to your inquiry and regarding our services.

If you opt in to receive text (SMS) messages from us, you represent that you are the owner or authorized user of the device used to opt in, and that you are authorized to approve any resulting charges. You are responsible for all message and data charges that may apply. Neither we nor any mobile carrier will be liable for delayed or undelivered messages. Message frequency varies.

You may opt out of marketing emails at any time using the unsubscribe link in those emails, and you may opt out of SMS messages at any time by replying “STOP” to a message received from the applicable number. We may send one final message confirming that you have been unsubscribed. Opting out of marketing communications does not stop communications that are necessary to respond to you or to service a matter you have raised with us.

Email and SMS are not encrypted and are not secure channels. Messages you send to or receive from us by email or text may be intercepted by third parties. If you choose to send or receive health or other sensitive information by email or text, you do so at your own risk. If you have concerns about this, contact us using the information in Section 27.

11. Security

We take reasonable measures to protect the Website and information transmitted through it. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee the absolute security or confidentiality of any information transmitted to or from the Website.

12. Accuracy and Integrity of Information

We make reasonable efforts to keep the Website accurate and current, but we do not guarantee the accuracy, completeness, or timeliness of any information on it. Content on the Website may be updated, corrected, or removed at any time without notice.

Information on the Website about licensure, certifications, states served, formulations, or services reflects our understanding at the time of posting and is subject to change. If you believe information we hold about you is inaccurate, you may request a correction as described in our Privacy Policy.

13. Website Availability

We cannot guarantee that the Website will be accessible at any particular time or for any particular period. The Website may be unavailable due to maintenance, technical problems, or causes outside our control, and advance notice is not always possible. We reserve the right to modify, suspend, or discontinue the Website or any part of it at any time, with or without notice, and we will not be liable to you or any third party for doing so.

14. License and Restrictions

Subject to these Terms of Use, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to view and download Website Content for your personal, non-commercial use, or for the internal business purpose of evaluating our services. This license does not include any right to resell, redistribute, or commercially exploit the Website or Website Content.

You agree that, in accessing or using the Website, you will not, and will not attempt to:

• Impersonate any person or entity, or misrepresent your affiliation with a person or entity.
• Violate any local, state, national, or international law, including export laws.
• Reverse engineer, disassemble, decompile, or translate any software or other component of the Website.
• Introduce or propagate any virus, Trojan horse, or other harmful code, or otherwise damage, disable, overburden, or impair the Website.
• Access or use the Website in any manner that infringes, misappropriates, or violates any intellectual property right or other right of any third party.
• Use any robot, spider, scraper, or other automated means to access the Website, or bypass any robot exclusion header or other measure we use to restrict access, without our express prior written permission.
• Mine, harvest, or extract data from the Website, including for the purpose of training or developing any machine learning or artificial intelligence model, without our express prior written permission.
• License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Website or Website Content.
• Use the Website to create or develop a competing product or service.
• Use framing techniques to enclose any Mark or portion of the Website without our express prior written consent.
• Post or transmit any content that is unlawful, harmful, harassing, fraudulent, threatening, abusive, defamatory, obscene, hateful, discriminatory, or otherwise objectionable, or that infringes the rights of any third party.
• Disrupt, interfere with, or violate the security of the Website, or attempt to gain unauthorized access to the Website or any related system or network.
• Circumvent any security device, protection, or technological measure implemented to protect the Website.
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on the Website or Website Content.
• Transmit any advertising or promotional material, including junk mail, chain letters, or spam, without our prior written consent.
• Encourage or enable any other person to do any of the foregoing.

15. Links to Other Sites and Third-Party Content

The Website may contain links to, or content from, websites and services operated by third parties. Those third-party sites and services are not under our control. We provide these links only as a convenience, and their inclusion does not imply endorsement of, or association with, the operators of those sites or services.

We are not responsible for the content, products, services, privacy practices, or availability of any third-party site or service, and we are not liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any third-party site or service. Your use of any third-party site or service is at your own risk and is governed by that third party’s own terms and privacy policy.

You may have arrived at the Website through a third-party site or advertisement. We are not responsible for the information, products, or services described on that site, and only these Terms of Use apply to your use of the Website.

16. Warranties and Disclaimers

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Bloom Pharmacy AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, RELIABILITY, OR SPEED OF DELIVERY. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, DEFECT, DELAY, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO GUARANTEE, REPRESENTATION, OR WARRANTY, EXPRESS OR IMPLIED, THAT ANY MEDICATION, FORMULATION, OR TREATMENT DESCRIBED ON THE WEBSITE IS SAFE, APPROPRIATE, EFFECTIVE, OR AVAILABLE FOR ANY PARTICULAR PERSON. CONTENT ON THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL UNDER ANY CIRCUMSTANCE.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER Bloom Pharmacy NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, AND USEFULNESS OF THE WEBSITE AND WEBSITE CONTENT.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

17. Limitation of Liability; Indemnity

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Bloom Pharmacy, ITS RELATED PERSONS, OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE, OR OTHERWISE, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, OR DATA, SERVICE INTERRUPTION, DEVICE DAMAGE, OR SYSTEM FAILURE, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY WEBSITE CONTENT. THIS IS TRUE EVEN IF Bloom Pharmacy OR ITS RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF Bloom Pharmacy AND ITS RELATED PERSONS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100).

Nothing in these Terms of Use limits or excludes any liability that cannot lawfully be limited or excluded, and nothing in these Terms of Use limits, waives, or affects any right or remedy you may have arising from the dispensing of a medication, which is governed by applicable pharmacy law and not by these Terms of Use.

You agree to indemnify, defend, and hold harmless Bloom Pharmacy, its affiliates and subsidiaries, and their respective directors, officers, employees, contractors, licensors, suppliers, representatives, partners, shareholders, agents, successors, and assigns from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) relating to or arising from (i) your use of the Website in an unauthorized manner, (ii) your fraud, violation of law, negligence, or willful misconduct, or (iii) any breach by you of these Terms of Use.

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

18. Waiver of Right to Participate in a Class Action

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND Bloom Pharmacy EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS OF USE. ANY CLAIM MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY.

19. Choice of Law; Forum Selection; Use Outside the United States

These Terms of Use and any dispute arising out of or relating to them or to the Website are governed by the laws of the State of Florida, without regard to its conflict of laws principles.

You agree that any action or proceeding arising out of or relating to these Terms of Use or the Website shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of, and venue in, those courts.

The Website is controlled and operated from the United States and is intended for users located in the United States. We make no representation that the Website is appropriate or available for use in other locations. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws.

20. Termination of Access

These Terms of Use remain in effect for as long as you access or use the Website. You may terminate them at any time by discontinuing your use of the Website. Your permission to use the Website terminates automatically if you violate these Terms of Use.

We may suspend or revoke your access to the Website, in whole or in part, at any time and without prior notice, for any reason, including misuse or abuse of the Website of any kind. Following termination, we have no further obligation to make the Website available to you.

Termination of your access to the Website does not affect any obligation we have under applicable law with respect to your pharmacy records or the dispensing of any medication.

21. Communication Preferences

You agree that we may provide notices and other communications to you by email, by mail, or by posting them on the Website. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, and that any information sent to or signed by you or us electronically is the equivalent of a writing.

It is your responsibility to monitor communications we send you, and to keep your contact information current.

22. Modifications or Changes to These Terms

We may revise these Terms of Use at any time in our sole discretion. Any changes are effective upon posting to the Website, unless applicable law requires additional notice. The “Date of last revision” at the top of this page indicates when these Terms of Use were most recently updated.

You should review these Terms of Use from time to time. Your continued use of the Website after a change is posted constitutes your acceptance of the change. If you do not agree to a change, your sole and exclusive remedy is to discontinue your use of the Website.

23. Copyright Complaints

We respect the intellectual property rights of others and comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to service providers (17 U.S.C. § 512, as amended). We reserve the right to remove any content from the Website at any time, for any reason.

If you believe that content on the Website infringes your copyright, you may submit a notification to our Designated Agent at:

Bloom Pharmacy — DMCA Designated Agent
info@bloomrx.health

Any notification under 17 U.S.C. § 512(c) must include all of the following:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed.
• Identification of the copyrighted work you claim has been infringed, or, if multiple works are covered by a single notification, a representative list of those works.
• Identification of the content you claim is infringing and where it is located on the Website.
• Information sufficient for us to contact you, such as your address, telephone number, and email address.
• A statement that you have a good-faith belief that the use of the content complained of is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

24. General

No Waiver

No waiver by Bloom Pharmacy of any term or condition of these Terms of Use is a further or continuing waiver of that term or condition or of any other term or condition, and our failure to assert a right or provision under these Terms of Use does not constitute a waiver of that right or provision.

Severability

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

No Agency Relationship

Nothing in these Terms of Use, and nothing on the Website, creates any partnership, joint venture, employment, or agency relationship between you and us. You may not enter into any contract on our behalf or bind us in any way. The parties are independent contractors.

Remedies

You agree that any violation, or threatened violation, by you of these Terms of Use may cause us irreparable harm for which monetary damages would be inadequate, and you consent to our seeking injunctive or equitable relief in addition to any other remedies available to us at law or in equity.

Assignment

You may not assign any of your rights under these Terms of Use, and any attempt to do so is null and void. We may transfer our rights and obligations under these Terms of Use without notice, including in connection with a merger, acquisition, or sale of assets.

Force Majeure

We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, epidemics, labor disputes, utility or telecommunications failures, cyber attacks, supply interruptions, or governmental action.

Headings

Section headings are for convenience only and do not limit or affect the provisions of these Terms of Use.

Entire Agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and Bloom Pharmacy with respect to the Website, and supersede all prior communications, representations, understandings, and agreements, oral or written, with respect to that subject matter. They do not supersede any separate written agreement between Bloom Pharmacy and a prescriber, practice, or platform.

25. Survival of Terms

The following sections survive any termination or expiration of these Terms of Use: Proprietary Rights; Warranties and Disclaimers; Limitation of Liability; Indemnity; Waiver of Right to Participate in a Class Action; Choice of Law, Forum Selection, and Use Outside the United States; and General.

26. All Rights Reserved

All rights not expressly granted in these Terms of Use are reserved to Bloom Pharmacy.

27. Questions, Complaints, or Opt-Out Requests

If you have any questions or complaints about these Terms of Use or the Website, or wish to make an opt-out request, please contact us at:

Bloom Pharmacy
info@bloomrx.health