NECTAR AND BLOOM LLC

TERMS OF SERVICE

REVISION DATE: FEBRUARY 20TH, 2024

The following is a summary of our Terms of Service. Please read the entire Terms of Service included below.

TERMS OF SERVICE

These Terms of Service were last updated on February 20th, 2024.

PLEASE READ THESE TERMS OF SERVICE (the “Terms” or “Agreement”) CAREFULLY BEFORE PURCHASING ONE OR MORE OF THE NECTAR AND BLOOM ONLINE COURSES OR ONLINE MEMBERSHIP ON THE RELEVANT, COMPANY-IDENTIFIED WEBSITE (the “Site”), AS SUCH TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS RELATED TO THE SITE AND ITS PROVIDED SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR WAIVER OF RIGHTS, LIMITATIONS OF LIABILITY, AND YOUR INDEMNITY TO COMPANY. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

These Terms shall constitute a full, complete and legally binding agreement between you and Nectar and Bloom, LLC, a California limited liability company (“Company”), regarding its services in providing access to various online instructional courses and related materials (“Courses”) which may include certain downloadable or live videos and materials, to be purchased individually or by way of the purchasing of an online subscription (the “Content”).

The Site, and any Content accessed through the Site, is solely for your personal and non-commercial use. With your purchase of any Content, Company grants you a limited, non-exclusive, non-transferable, license to access the Content and view your Courses through the Site. Except for the foregoing limited license, no right, title or interest shall be transferred to you. Company may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the Site, as well as all copies of such materials, whether made in accordance with these Terms of Service or otherwise. By purchasing a license in and to the Content, you agree to be bound by, and comply with, all of the terms and conditions hereof. Such terms and conditions are set forth below as follows:

Terms of Sale

The following terms apply to your purchase of a personal, non-exclusive, non-transferable license to access the Content from Company.

(A) Content Description. Company makes every effort to make the Site thorough, accurate, and helpful to Company customers such as yourself. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, or inaccurate, or appear inaccurate because of the browser, hardware, software, or other technology that you use. Company reserves the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your purchase or subscription of the Content, in Company’s sole discretion) or to update the Content at any time without notice. Descriptions or images of, or references to, the Content on the Site do not imply Company’s endorsement of the same. Company reserves the right, with or without prior notice, to: change descriptions of, or references to, some or all of the Content; limit the availability of some or all of the Content; honor, or refuse to honor, any coupon code, promotional code or other similar promotion related to the Content; and/or refuse to provide any visitor to, or use of the Site with the Content, or any other product or service.

(B) Availability and Pricing. Availability of the Content may be limited and may not always be guaranteed. If the Content becomes unavailable for any reason other than as a result of Company’s termination of your right to access the same, Company will attempt to remove such items from the Site in a timely manner but makes no guarantees in this regard. The Content’s price is determined in Company’s sole discretion and is quoted on the Site in U.S. dollars. Company may occasionally make errors in the stated price on the Site or in advertisements. If the Content’s correct price is higher than the listed price, Company will, in its sole discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation. In any event, the price applicable to any Content will be the price at the time you complete your purchase thereof.

(C) Purchasing the Content. Your purchase of the Content constitutes your acceptance thereof. You will have one (1) year from purchase of the Content to create a username and password to login, enroll and access the Content. Any failure on your part to create a username and password to login, enroll and access the Content within one (1) year from the purchase thereof will not entitle you to any refund or credit for such purchase.

(D) Account and Access. You need an account in order to purchase Courses or enroll in the online studio subscription, or otherwise access the Content. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including your name and a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to Company or anyone else) caused by someone using your account with or without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide Company with the information that Company needs to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.

You may not share your account login credentials with anyone else. You are responsible for what happens with your account and Company will not intervene in disputes between users who have shared account login credentials. You must notify Company immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.

You must be at least 18 years of age to create an account on the Site and use the Content. If you are younger than 18, you may not create an account, and Company will immediately terminate your account if Company discovers that any account violates these rules.

You can terminate your account at any time by emailing us at [email protected]. You should also view our Privacy Policy to see what happens when you terminate your account.

(E) Orders. Company has the right to refuse any effort to purchase the Content. Company will not be liable if the Content on the Site is unavailable or if delivery is delayed. All orders are non-cancelable and non-refundable. Notwithstanding the foregoing, Company may grant or deny cancellation requests, and/or may issue a refund either to your Payment Method (as defined below) or Site credit (which may expire in Company’s discretion), in its sole and absolute discretion.

(F) Payment. Company uses a third-party payment processor (the “Payment Processor”) to bill you for purchase of the Content. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Company is not responsible for error by the Payment Processor. By choosing to purchase the Content, you agree to pay Company, through the Payment Processor, all charges at the prices then in effect for such purchase in accordance with the applicable payment terms and you authorize Company, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. Company reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If Company, through the Payment Processor, does not receive payment from you, you agree to pay all amounts due immediately upon demand, or Company may cancel your access to the Content. Completion of a payment transaction is contingent upon: (a) your providing complete transaction and any other information needed, (b) authorization of the payment by your Payment Method, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to Company. Company may, in its sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. Company may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Site in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Site in breach of these Terms; (iii) if Company suspects fraudulent, unlawful or improper activity regarding a payment; or (iv) if Company detects, in its sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses.

(G) Subscription Fee. If you have purchased an online subscription, the subscription fee will be billed upon commencing your subscription and automatically each month or year thereafter unless and until you cancel your subscription on or before fifteen (15) days prior to the time for your subscription to be automatically billed for the subsequent billing period. If you have selected the monthly billing option, we automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription. If you have selected the yearly billing option, we automatically bill your Payment Method each year on the calendar day corresponding to the commencement of your subscription. We reserve the right to change the timing of our billing, in particular, as indicated herein, if your Payment Method has not successfully settled. In the event your subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your subscription or became a paying member on March 31st, your next payment date is likely to be April 30th, and your Payment Method would be billed that date. To the extent permitted by applicable law, any purchased subscription will automatically renew for the subscription period until you cancel as set forth herein.

(H) Taxes. The Content’s stated price does not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. Company has the right to charge you for any taxes that Company is required to pay or in fact collect related to your purchase.

Acceptable Use

You may only create an account or access or use the Site for lawful purposes, and in conformity with these Terms. You will not make any inappropriate communication through the community forum page of the Site, or otherwise take any other action over the Site that threatens, encourages or causes any harm, or that would assist any other person or group in threatening, encouraging or causing any harm, to any other person. Company shall make the sole determination of what is considered “inappropriate.” You will not collector or store, or attempt to collect or store, any personally identifiable information of any other person or entity utilizing the Site or viewing the Content. You will not infringe any copyright, trademark, patent, trade secret or other proprietary rights of Company or any other third party, including without limitation the unauthorized copying, digitization and/or distribution of any copyrighted material via the forum page of the Site or otherwise. Your use of the Site must comply with all applicable local and national laws or regulations, and you are solely responsible for your knowledge and compliance with all applicable laws and regulations. Additionally, you may not do any of the following while accessing or using the Site to view Content: (a) access, tamper with, or use non-public areas of the Site or Company’s systems; (b) disable, interfere with, or try to circumvent any of the features of the Site, or probe, scan or test the vulnerability of any of Company’s systems; (c) copy, modify, create a derivative work of, reverse engineer, archive, reverse assemble, or attempt to discover any source code of or on the Site; (d) access or search or attempt to access or search, including to scrape, spider, use a robot, or other automated means of any kind, the Site or Company’s systems by any means (automated or otherwise) other than through Company’s currently available search functionalities that are provided via the Site (if any); (e) or take any other actions to manipulate, interfere with, or damage the Site and/or Content.

Company has the sole and exclusive discretion to enforce these Terms, and may suspend or terminate your permission to use the Site and/or access the Content, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or any government agency, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you have engaged or are engaging in fraudulent or illegal activity, or for any other reason in Company’s sole discretion. Upon any such termination, Company may delete your account, and Company may prevent you from further access to the Site and/or access to the Content. You agree that Company will have no liability to you or any third party for termination of your account, or blocking of your access the Site and/or Content.

The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and/or other elements of the Content. You may not modify, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may download copyrighted material, to the extent possible, for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material, or any other material found on the Site, will be permitted without the express written permission of Company or any other owner thereof. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or otherwise obtaining any access to the Content or any other copyrighted material.

You may print and download portions of any corresponding materials provided in conjunction with your purchase of the Content solely for your own non-commercial use provided that you agree to the terms contained herein.

You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Site in a manner not authorized by Company in writing. You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain any Content, lists of users, portions of a database, or other lists or information from the Site, in any manner and any quantities not authorized by Company in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Company or its affiliates without express written consent. You may not use meta tags or any other “hidden text” utilizing the Company name or trademarks without the express written consent of Company.

Third Party Content

To the extent any Content is supplied by third parties for distribution, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third party content are those of the respective author(s) or distributor(s) and not of Company. Neither Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Company is not responsible for any actions or inaction on your part based on the information that is presented via any Content supplied by third parties. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available via the Content. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Disclaimer of Warranty; Limitation of Liability and Time Limitation for Claims

(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE AND/OR PURCHASE OF THE CONTENT IS AT YOUR SOLE RISK. NEITHER COMPANY, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE AND/OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE AND/OR CONTENT, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE AND/OR CONTENT.

(B) THE SITE, INCLUDING, WITHOUT LIMITATION, ANY ASSETS AVAILABLE THROUGH IT SUCH AS THE CONTENT, ARE PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES REGARDING SPECIFIC RESULTS, OR OF SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, LACK OF ERRORS OR ACCURACY, OR ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.

(C) THE SITE AND/OR CONTENT MAY PROVIDE INFORMATION THAT IS DESIGNED FOR EDUCATIONAL AND/OR INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO CONVEY ANY PROFESSIONAL ADVICE OR ANY PROFESSIONAL CERTIFICATIONS. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL ADVICE. COMPANY IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON YOUR OR ANY THIRD PARTY’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE SITE.

(D) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA OR MISUSE OF PERSONAL INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITE AND/OR PURCHASE OF THE CONTENT, OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITE AND/OR CONTENT, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF COMPANY OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT COMPANY AND/OR ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF PURCHASERS OF THE CONTENT OR ANY OTHER THIRD PARTIES.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

(E) COMPANY DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE AND/OR PURCHASING THE CONTENT, YOU ACKNOWLEDGE AND AGREE TO COMPANY’S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS THE SITE OR PURCHASE THE CONTENT.

(F) TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE SITE AND/OR PURCHASE OF THE CONTENT, THESE TERMS OF USE, OR THE RELATIONSHIP BETWEEN COMPANY AND YOU, MUST BE COMMENCED WITHIN ONE YEAR OF THE RELEVANT EVENTS. A DISPUTE IS COMMENCED IF IT IS FILED IN AN ARBITRATION OR, IF THE DISPUTE IS NON-ARBITRABLE, A COURT WITH JURISDICTION, DURING THE ONE-YEAR PERIOD. IF YOU OR COMPANY PROVIDE NOTICE OF A DISPUTE PURSUANT TO THE TERMS HEREUNDER, THE ONE-YEAR PERIOD IS TOLLED FOR 60 DAYS FOLLOWING RECEIPT OF THE NOTICE OF DISPUTE. YOU AND COMPANY EACH WAIVE—THAT IS, GIVE UP—THE RIGHT TO PURSUE ANY DISPUTE, CLAIM OR CONTROVERSY THAT IS NOT FILED WITHIN ONE YEAR AND ANY RIGHT YOU OR COMPANY MAY HAVE HAD TO PURSUE SUCH DISPUTE, CLAIM OR CONTROVERSY IN ANY FORUM IS PERMANENTLY BARRED.

Indemnification

You agree to defend, indemnify and hold harmless Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including costs and attorneys’ fees, arising out of (a) your use of the Site and/or purchase of the Content, (b) your violation of any of these Terms, or (c) your violation of any rights of any third party. Company reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification hereunder. In such event, you shall provide Company with such cooperation as is reasonably requested by Company.

Termination

Company may terminate or suspend these Terms and/or your access to and use of the Site and/or Content at any time without notice to you. Without limiting the foregoing, your access to and use of the Content shall immediately terminate in the event that you share your access information regarding your copy of the Content with any third party, or you otherwise breach any of these Terms. All of the provisions of these Terms intended to survive termination shall survive termination of these Terms

Trademarks

Company, its parent, subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site and/or the Content. All other logos and trademarks appearing on the Site and/or Content are the property of their respective owners.

Governing Law; Venue

The materials, data, video, and all other material and features on the Site, as well as the Content, are presented for the purpose of providing information that is or may become available in the United States, its territories, possessions, and protectorates.

Any and all disputes, claims and controversies arising out of or in connection with your access to, use of the Site and/or the provision of content, services, and/or technology on or through the Site, and/or your purchase and/or use of the Content, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of California, without giving effect to its conflict of law provisions, except to the extent that law is inconsistent with or preempted by federal law. To the extent that a dispute is not subject to arbitration hereunder, such action shall be brought in the appropriate state or federal court located in Los Angeles County, California; and both parties hereto irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Los Angeles County, California for the adjudication of all non-arbitral claims. EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.

Severability

Except as otherwise specified herein, if any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions hereof.

Dispute Resolution

Any controversy or claim arising out of or relating to these Terms shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, and regardless of the type of claim or legal theory involved. The Parties select expedited arbitration using one arbitrator as the sole forum for the resolution of any dispute between them. The venue for arbitration shall be Los Angeles, California. The arbitrator may make any interim order, decision, determination, or award he or she deems necessary to preserve the status quo until he or she is able to render a final, order, decision, determination or award. The determination of the arbitrator in such a proceeding shall be final, binding and non-appealable. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to reimbursement for costs and reasonable attorneys’ fees.

Notice

Any notice given to Company under these Terms shall be given by you via email to [email protected] during Company’s regular business hours of 9:00 a.m. to 5:00 p.m. Pacific Standard Time and is effective only upon receipt by Company. Any notices of a legal nature may also be sent to us at:

Nectar and Bloom, LLC

Attn.: Legal Department

12100 Wilshire Blvd., Suite 800

Los Angeles, CA 90025

Phone: (310) 230-5580

Fax: (562) 275-8954

Email: [email protected]

Miscellaneous

These Terms and any operating rules for the Site established by Company constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of Company, its parent, subsidiaries, other affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. If you access the Site and/or purchase the Content from any location other than the United States, you accept full responsibility for compliance with all local laws. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Except as explicitly provided herein, if any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties. These Terms are personal to you and may not be assigned either in whole or in part by you without Company’s express written consent. Company may assign these Terms at any time for any reason. These Terms shall not be interpreted or construed to create any association, agency, joint venture or partnership between Company and you or to impose any liability attributable to such a relationship upon Company. The section headings used herein are for convenience only and shall not be given any legal import.

Neither Company nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion, pandemic, or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Personal Information

Any information that you provide to Company, as well as any information that Company otherwise collects via the Site and your use thereof, is subject to our Privacy Policy, which governs our collection and use of such information and is incorporated herein by this reference. You understand that through your use of the Site you consent to the collection and use (as set forth in the Privacy Policy) of this information. As part of providing you the Service, Company may need to provide you with certain communications, such as announcements regarding the Site and administrative messages. These communications are necessary for your use of the Content, and you may not be able to opt out from receiving such communications.

Copyrights and Copyright Agent

Company respects the rights of all copyright holders and in this regard, Company has adopted and implemented a policy that provides for the removal of content that infringes the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party;

A statement that the complaining party has 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.

For copyright inquiries under the Digital Millennium Copyright Act please contact:

12100 Wilshire Blvd., Suite 800

Los Angeles, CA 90025

Phone: (310) 230-5580

Fax: (562) 275-8954

Email: [email protected]

Updating These Terms

Company reserves the right in its sole and exclusive discretion to modify, update and/or otherwise change these Terms at any time for any reason by posting a revised version of the Terms on the Site. Any modifications, updates and/or other changes to these Terms shall become effective on the day they are posted unless stated otherwise. Your continued access to the Site and/or Content after any changes become effective shall constitute your acceptance of any changes to these Terms. Any revised Terms shall supersede all previous Terms.

© 2024 Nectar and Bloom LLC. All rights reserved. No portion of this Website may be copied, reproduced, duplicated, retransmitted, or otherwise used without the express written permission of Nectar and Bloom, LLC.

NECTAR AND BLOOM LLC

TERMS OF SERVICE

TERMS OF SERVICE

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