Please read these SMS Terms and Conditions carefully. They provide information on your legal rights and obligations. These Terms are a binding agreement between you and BloomTech Inc. and its affiliates (“Bloom Institute of Technology” “BloomTech”, “we,” “us”).
These Terms include the
Privacy Policy and
Terms of Use, each of which is incorporated by reference herein.
Please read these terms and conditions carefully. By checking the box to sign up for one or more text messaging programs or otherwise opting in, you expressly consent to receive admissions, payment, income share agreement & retail installment contract agreement related, non-marketing, and marketing text messages from Bloom Institute of Technology and others texting on its behalf, including text messages made with an autodialer, at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services.
Program Description Bloom Institute of Technology and its service providers may use an automatic telephone dialing system (“autodialer”) to deliver Bloom Institute of Technology text messages to you (the “Program”). Bloom Institute of Technology text messages may include the following: marketing and promotion about Bloom Institute of Technology programs and offerings, information and reminders regarding your Bloom Institute of Technology application, payment information and reminders, product launches, new programs, and similar and related information regarding Bloom Institute of Technology and its affiliates.
Message Frequency The number of Bloom Institute of Technology text messages that you receive will vary and there is no set minimum or maximum number of text messages you will receive.
Cost Message and data rates may apply to each text message sent or received in connection with Bloom Institute of Technology text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Please check with your personal cell phone provider for details.
Supported Carriers Supported carriers may change from time to time, but currently include most major carriers.
How to Opt-In To opt-in to receive text messages from a Bloom Institute of Technology text messaging program(s), please follow the instructions provided to you.
How to Opt-Out To stop receiving text messages from a specific Bloom Institute of Technology text messaging program, text STOP to the five digit short code for the text messaging program from which you no longer wish to receive a message (i.e., the five digit number from which its text messages are being sent). You will then receive confirmation of your opt-out of that text messaging program.
Your Mobile Telephone Number You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Bloom Institute of Technology immediately if you change your mobile telephone number. You may notify Bloom Institute of Technology of a number change by submitting a “contact us” form on the website associated with the specific text messaging program you opted into.
You agree to indemnify Bloom Institute of Technology in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Bloom Institute of Technology if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Access or Delivery to Mobile Network is Not Guaranteed Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Bloom Institute of Technology's control, and Bloom Institute of Technology is not responsible or liable for issues arising from them.
Support/Help To request more information, text HELP to the number provided by Bloom Institute of Technology.
Eligibility To receive Bloom Institute of Technology text messages, you must be a resident of the United States and 18 years of age or older. Bloom Institute of Technology reserves the right to require you to prove that you are at least 18 years of age.
Changes to Terms and Conditions Bloom Institute of Technology may revise, modify, or amend these SMS Terms and Conditions at any time without notice to you. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Bloom Institute of Technology text messages will indicate your acceptance of those changes.
Termination of Text Messaging Bloom Institute of Technology may suspend or terminate your receipt of Bloom Institute of Technology text messages if Bloom Institute of Technology believes you are in breach of these SMS Terms and Conditions. Your receipt of Bloom Institute of Technology text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Bloom Institute of Technology reserves the right to modify or discontinue, temporarily or permanently, all or any part of Bloom Institute of Technology text messages, with or without notice.
Legal Terms and Conditions You acknowledge and agree that any and all disputes, claims, and causes of action arising out of, or in connection with, in whole or in part, the Program shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in San Francisco, California.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, your rights and obligations, or the rights and obligations of Bloom Institute of Technology, shall be governed by, and construed in accordance with, the laws of California without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLOOM INSTITUTE OF TECHNOLOGY, ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, OWNERS, MEMBERS, EMPLOYEES, INSTRUCTORS, AGENTS, SUBSIDIARIES, SERVICE PROVIDERS, PARTNERS, AND LICENSORS (collectively the “RELEASED PARTIES”) WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING, WHETHER FORESEEABLE OR UNFORESEEABLE), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATING TO THE PROGRAM.
TO THE FULLEST EXTENT POSSIBLE BY LAW, BLOOM INSTITUTE OF TECHNOLOGY’S MAXIMUM LIABILITY ARISING OUT OF, IN CONNECTION WITH THE SERVICE, OR YOUR USE OF THE SERVICE OR MATERIALS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY), WILL NOT EXCEED PAYMENTS MADE BY YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THIS EVENT, ONLY THE LIMITATIONS LEGALLY APPLICABLE TO YOU WILL APPLY, AND THE RELEASED PARTIES LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The various provisions contained within these Terms are separate and independent. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the remaining provisions of these Terms shall remain in full force and effect.
As the exclusive means of initiating adversarial proceedings to resolve any dispute arising out of this agreement and/or the Program (other than any proceeding commenced by either party seeking an injunction, a restraining order, or any other equitable remedy or a proceeding commenced by either party in small claims court), either party may demand that the dispute be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules available at www.adr.org. If applicable and upon your consent, Bloom Institute of Technology may move binding arbitration to be administered by FairClaims. If AAA is completely unavailable, and if you and Bloom Institute of Technology cannot agree on a substitute, then either you or Bloom Institute of Technology may request that a court appoint a substitute. The rules in this arbitration agreement will be followed if there is disagreement between the agreement and the arbitration forum’s procedures. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction. This arbitration agreement is governed by the Federal Arbitration Act (FAA). Any such arbitration must be conducted by one arbitrator and must be conducted in San Francisco, California, the county with a major commercial airport nearest to where you live, or another mutually agreed location. If the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator or (2) by means of a hearing conducted by telephone.
YOU AND BLOOM INSTITUTE OF TECHNOLOGY MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME ARBITRATION UNLESS THEY ARISE FROM THE SAME TRANSACTION.
YOU AND BLOOM INSTITUTE OF TECHNOLOGY HEREBY WAIVE YOUR RESPECTIVE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDINGS ARISING OUT OF THIS AGREEMENT, YOUR BLOOM INSTITUTE OF TECHNOLOGY TUITION, OR YOUR PAYMENTS TO BLOOM INSTITUTE OF TECHNOLOGY.
