TERMS OF SERVICE
Effective Date: 01-01-21
To review material modifications and their effective dates scroll to the bottom of the page.
1. Parties. The parties to these Terms of Use are you, and the owner of this blosm.online website business, Maria Fernanda Lujan ("MFL"). All references to "we", "us", "our", this "website" or this "site" shall be construed to mean this website business and MFL.
2. Use and Restrictions. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. Our Site is not intended for children under 18 years of age, and you may not use the Site or any of our Services if you are under 18. You hereby represent and warrant that you are at least 18 years of age. You agree not to access (or attempt to access) this site by any means other than through the interface we provide unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You may access some Services without having to register or pay a fee. To access any Programs, you are required to register on the Site and create an account. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) "frame" or "mirror" the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors. You agree that any registration information you provide will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws.
3. Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site's home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
4. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site's home page.
5. Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
6. Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
7. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. . THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE CONTENT INCLUDES MATTERS RELATED TO EARLY INTERVENTION, BEHAVIOURAL THERAPY, AUTISM, AND ESDM. ALL SUCH INFORMATION IS PRESENTED FOR DISCUSSION PURPOSES ONLY AND IS NOT ADVICE AND SHOULD NOT BE TREATED AS MEDICAL OR THERAPEUTIC ADVICE. ALL INFORMATION PRESENTED ON BEHAVIOURAL THERAPY, AUTISM, AND ESDM IS GENERAL IN NATURE AND HAS NOT BEEN PERSONALIZED FOR YOU OR ANY INDIVIDUALS IN YOUR CARE.
THE BEHAVIOURAL THERAPY INFORMATION PROVIDED IN THE CONTENT IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. EACH INDIVIDUAL MAY REACT DIFFERENTLY TO BEHAVIOURAL THERAPY OR ESDM. INDIVIDUAL RESULTS MAY VARY. FROM TIME TO TIME, EXISTING BEHAVIOURS MAY WORSEN PRIOR TO IMPROVING. EXISTING BEHAVIOURS MAY WORSEN BY APPLYING THE INFORMATION PROVIDED IN THE CONTENT. THE COMPANY DOES NOT GUARANTEE THE RESULTS OF ANY INFORMATION PROVIDED IN THE CONTENT, AND YOU MUST NOT RELY ON SUCH INFORMATION AS AN ALTERNATIVE TO INDIVIDUALISED ADVICE FROM A BEHAVIOUR ANALYST, MEDICAL PROFESSIONAL, OR HEALTHCARE PROVIDER. YOU SHOULD NEVER DELAY SEEKING BEHAVIOURAL OR MEDICAL ADVICE, DISREGARD MEDICAL ADVICE, OR DISCONTINUE BEHAVIOURAL OR MEDICAL TREATMENT FOR YOURSELF OR AN INDIVIDUAL IN YOUR CARE AS A RESULT OF ANY INFORMATION PROVIDED IN THE CONTENT. NO MEDICAL ADVICE IS GIVEN, FERNANDA LUJAN IS NOT A MEDICAL DOCTOR. ANY SITE OR PROGRAM CONTENT THAT PERTAINS TO OR DISCUSSES MEDICAL MATTERS IS NOT MEDICAL ADVICE, NOR SHOULD IT BE TREATED AS SUCH.
SUCH CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES CONCERNING ITS ACCURACY, EXPRESS OR IMPLIED. YOU MUST NOT RELY ON ANY MEDICAL INFORMATION INCLUDED IN THE CONTENT AS AN ALTERNATIVE TO ADVICE FROM A MEDICAL DOCTOR OR OTHER HEALTH CARE SERVICE PROVIDER. ANY ACTIONS TAKEN IN RELIANCE UPON ANY LEGAL INFORMATION INCLUDED IN THE CONTENT IS AT YOUR OWN RISK. YOU SHOULD NEVER DELAY SEEKING MEDICAL ADVICE, DISREGARD MEDICAL ADVICE, OR DISCONTINUE MEDICAL SERVICES AS A RESULT OF ANY PROGRAM OR SITE CONTENT.
9. Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic images in the link without our prior written consent. The Site offers access to autism-related information for review and physical and digital materials for sale. Materials accessible via the Site include (a) fee-based online educational programs (“Programs”) created and owned by the Company comprised of written, audio, and video content (“Program Content”); and (b) blog posts, podcast episodes, user testimonials, and other written, audio or video content (“Site Content”). All items available on Site, including Programs and Site Content, may be referred to collectively as our “Services.”
11. Links to Third-Party Websites. We do not review or control third-party websites that link to or from this site, and we are not responsible for their content and do not represent that their content is accurate or appropriate. Your use of any third-party site is on your own initiative and at your own risk and may be subject to the other sites' terms of use and privacy policy. This Site, our Facebook page, and Facebook groups, blog page and YouTube channel contains user profiles, comments, testimonials, chat functionality, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site or Facebook, you grant us and our affiliates and service providers, a license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for promotional or any other purpose. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
12. Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services, or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services, or content, are solely between you and each such advertiser.
13. Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Maria Fernanda Lujan
1 Winkfield Street, Winkfield
Windsor, UK
Contact: [email protected]
Telephone:07568989097
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
14. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Windsor, Berkshire, UK., and may be conducted by telephone or online. The arbitrator shall apply the laws of Windsor, UK. to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
15. Jurisdiction and Venue. The courts of Windsor Courts, The United Kingdom. shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.
16. Controlling Law. This Agreement shall be construed under the laws of Windsor, UK., excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
17. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
18. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
19. Privacy. Please review this site's Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site's home page.
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»Material Modifications« Since January 1, 2021__: none.
Notice: This document is Copyright © Chip Cooper of the law firm of Jones & Haley, P.C., and licensed for use by the owner of this website under distribution rights granted to FTCGuardian.com. All rights reserved worldwide. No part of this document may be copied, reprinted, reproduced, or transmitted in any form or by any means without the prior written permission of the copyright owner.