Welcome to Bloom Tax & Estate Group, LLC (hereinafter referred to as "Bloom!) We are a service platform aiming to provide easy access to the tax and estate planning tools of the wealthy. By using Bloom, you acknowledge, first, that you have read, agreed to be bound by, and are legally able to enter into a contract to be bound by these Terms of Service, and, second, that you agree to be bound by all applicable laws and regulations. Please do not use this website if you do not agree with the Terms of Service. The materials contained in this website are protected by applicable copyright and trademark law.
- Terms
Definitions. The following meanings shall apply in these Terms of Service: “Site” refers to any website made available by Bloom. “Services” refers to the Site and all services, self-help documents, forms, and templates provided by Bloom. “Bloom, “we,” “us,” and “our” refer to Bloom, Inc. (the owner and operator of www.taxfreeplan.com) and our affiliates (including officers, directors, employees, consultants, agents, and representatives. “You,” “your,” and “Customer” refer to each customer, visitor, or user of any Services. Collectively, you and Bloom are the “Parties.” If you access or use the Services on behalf of a company, organization, or other entity, then “you” and “your” also refer to that entity, you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and you agree to these Terms of Service on the entity’s behalf.
Modifications to Terms of Service. We may modify these Terms of Service from time to time. If we make a modification that materially affects your rights or obligations, we will either post the modification on the Site or otherwise provide you with notice of the modification. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If at any time you find that these Terms of Service are unacceptable or if you do not agree to these Terms, please do not use the Services.
Additional Terms and Policies. Your use of the Site, the Services, and any other Bloom offering may also be subject to additional terms or policies, including our Privacy Policy. We may offer Services that are subject to additional terms and policies specific to those Services. By using such Services, you acknowledge that you have read and agreed to be bound by any such additional terms and policies in addition to these Terms of Service.
- Scope
These Terms of Service governs your use of the Services provided by Bloom, including Bloom’s facilitating the delivery of tax and legal services to Customer by approved Partners that may include Accountants, CPA’s, EA’s, CFP’s, Attorneys, by providing software, technology support, and billing services. Bloom will send you an invoice for both Bloom’s Services and on behalf of the Partner(s) for work performed for you as described in these Terms.
- Not a Law Firm
Bloom is a services company. Bloom is not an accounting or law firm or a substitute for an CPA or attorney, it does not provide tax or legal advice. While Bloom strives to ensure that its services are complete, they are meant purely as self-help, self-service and resources to subject matter expers, and Bloom's support and service should not be confused with tax or legal advice. Using the Services does not create an attorney-client relationship between you and Bloom. BLOOM DOES NOT OVERSEE, REVIEW, OR OTHERWISE INFLUENCE ANY CPA OR ATTORNEY’S PROVISION OF TAX OR LEGAL SERVICES; BLOOM’S SERVICES ARE OFFERED ON A BEST EFFORT BASIS, BUT IF YOU HAVE QUESTIONS REGARDING TAX OR LEGAL MATTERS OR NEED TAX OR LEGAL ADVICE, YOU ARE HEREBY ADVISED TO CONSULT YOUR CPA, ATTORNEY OR ANOTHER LICENSED ATTORNEY.
- No Tax Advice
Bloom does not provide tax advice of any type or for any purpose. Any information regarding taxes in any communication from Bloom is intended only for general education and is not to be construed or relied on as tax advice. Although Bloom does not provide any tax advice, we do provide this disclosure to comply with requirements imposed by the Internal Revenue Service under Circular 230:
We inform you that any U.S. federal tax advice contained in any communication from Bloom is not intended or written to be used, and cannot be used, for purposes of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing, or recommending to another person any matters addressed therein.
- Customer-Attorney Relationship
Retention Agreement & Statement of Work. If you choose to enter into a relationship with an Attorney as part of your use of Bloom’s Services, that relationship will be governed by separate agreements covering the terms and conditions of the Attorney’s legal services, advice, and representation (the “Retention Agreement” and “Statement of Work”). You shall have the right to communicate with any prospective Attorney to confirm the Attorney’s qualifications and suitability prior to retaining the Attorney. You, not Bloom, are solely responsible for determining whether a prospective Attorney is suitable for your needs, and you have sole discretion to accept or reject any proposed Attorney. You shall indicate acceptance of an Attorney by signing the separate Retention Agreement.
Attorney Suitability. You and the Attorney shall determine, in your sole judgment and independent of Bloom, whether Attorney’s representation of you violates any law, rule, regulation, or professional standard, including Attorney’s obligation to avoid conflicts of interest.
Conflicts. You agree that it is not a conflict of interest for other attorneys affiliated with Bloom, but not affiliated with Attorneys or their firms, to provide legal services, advice, and/or representation to persons other than you, even if such would constitute a conflict if such services were provided by Attorney or a member of Attorney’s firm. In addition, you agree that it is not a conflict of interest for Attorneys to represent you and to perform other work for Bloom, including the provision of legal, strategic, policy, operations, or other advice, whether on a full-time, contract, or any other basis.
- No Agency
Neither you nor Bloom is an agent of the other, and neither shall enter into any agreements on behalf of the other without prior written consent to do so.
- Confidentiality
In performing the Services, Bloom may have access to Customer information not generally known to the public that Customer wishes to be kept confidential. (“Confidential Information”). Bloom will make Confidential Information available to its employees and associates only for the purpose of providing Services. Bloom agrees to take precautions to maintain the confidentiality of Confidential Information using at least the same degree of care that Bloom uses for its own Confidential Information of a similar kind, but in no case less than commercially reasonable precautions. Confidential Information shall not include information that: (a) was known by Bloom prior to its receipt from Customer; (b) is or becomes public knowledge without the fault of Bloom, (c) is rightfully received by Bloom from a source other than a Party to these Terms, or (d) Bloom is required to disclose in response to a subpoena or court order, provided that Bloom provides advance notice of the disclosure to Customer. Bloom’s obligations with respect to Confidential Information will continue for three years from the date of termination of these Terms. If Attorney determines that certain Confidential Information is, or may be, protected by the attorney-client or other privilege and provide Value written notice, Bloom’s obligations shall remain in place as long as the privilege may exist.
- Ownership and Intellectual Property Rights
All materials, including text, images, videos, illustrations, designs, icons, photographs, software, programs and written and other materials that are part of the Services, other than content created by Customer (collectively, “Bloom Content”), is the property of Bloom or its licensors. Bloom Content is intended solely for personal, non-commercial use. No right, title or interest in any Bloom Content is transferred to you by way of these Terms or otherwise. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Bloom Content. Bloom and the Bloom Logo are trademarks of Bloom, Inc.
- Payment
Agreement. You agree to pay us in accordance with our terms of sale. Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the terms of sale, pricing, payment, billing policies, and refund policies applicable to such fees and charges.
Rates. Unless otherwise agreed in a writing signed by both parties, Customer shall pay Bloom the per document, per service, per page, and/or hourly rates described in their separate Individual Services Agreement with respect to a particular Attorney or project.
- Change of Services
We retain the right to change or stop providing Services and features. We may, without prior notice, change the Services; stop providing the Services or features of the Services; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service. Any data, account history and account content resident on the servers running the Services may be deleted, altered, moved, or transferred at any time for any reason at Bloom’s sole discretion, with or without notice and with no liability of any kind. Bloom does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on the servers running the Services.
- Risk and Consent
You provide us your data at your own risk and consent to have it processed in the United States. We care about the privacy of our Customers. You can view our Privacy Policy at www.Bloom.com/privacy. You consent to have your personal data collected, used, transferred to and processed in the United States. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You agree that you provide your personal information and other data provided to Bloom at your own risk.
- DISCLAIMER OF WARRANTY
THE SERVICES ARE PROVIDED BY BLOOM ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLOOM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES OR INFORMATION, CONTENT, OR MATERIALS OFFERED THROUGH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BLOOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND YOU ACKNOWLEDGE THAT BLOOM WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITH YOU WITHOUT YOUR AGREEMENT TO THE TERMS OF THIS DISCLAIMER.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BLOOM, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE TO CUSTOMER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF BLOOM, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT WILL BLOOM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF THE SERVICES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- INDEMNIFICATION
You agree to defend, indemnify and hold harmless Bloom, its affiliates, and their respective directors, officers and employees from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your breach of this Agreement, your improper use of the Services, or your breach of any applicable law or infringement of the rights of a third party. Bloom shall have the right to participate in the defense of any such claim, at its own cost. You may not settle or negotiate any claim that results in liability to, or imposes any obligation upon, Bloom, financial or otherwise, without the written consent of Bloom.
- DISPUTE RESOLUTION.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Arbitration Agreement. You agree that any dispute between you and Bloom arising out of or relating to this Agreement or the Services, or any other Bloom products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law. This Agreement and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict of laws principles.
Informal Dispute Resolution. We want to address your concerns without needing a formal legal case. Before filing a claim against Bloom, you agree to try to resolve the Dispute informally by contacting us at [email protected]. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Bloom may bring a formal proceeding.
We Both Agree To Arbitrate. You and Bloom agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting us here within 30 days of first accepting this Agreement and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Delaware, or any other location we agree to.
Exceptions to Agreement to Arbitrate. Without first engaging in arbitration or the informal dispute resolution process described above, either you or Bloom (1) may assert claims, if they qualify, in small claims court in Delaware, or any United States county where you live or work and seek an amount up to the jurisdictional limit for individuals in such small claims court (notwithstanding any limitation on such damages set forth herein), or (2) may bring a lawsuit solely for injunctive relief (including, in the case of Bloom, to stop unauthorized use or abuse of Bloom products or the Bloom Service), or for infringement or material breach of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights).
No Class Actions. You may only resolve Disputes with Bloom on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.
Judicial Forum for Disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Bloom agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of the State of Delaware. Both you and Bloom consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of Bloom products or the Bloom Service must be filed within one year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
- Severability
If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from the Agreement and will not affect the validity and enforceability of any remaining provisions. Bloom’s failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. No waiver of any of this Agreement will be deemed a further or continuing waiver of such term or condition or any other term or condition.
- Entire Agreement
This Agreement contains the entire agreement between the Parties. It is binding upon the respective assigns and successors of Customer and Bloom and may not be modified or amended except in a signed writing. This Agreement incorporates and includes any Exhibits and attachments, as appropriate.
