Superbloom Coworking

 

THIS IS A LEGAL DOCUMENT. TO USE OUR PRODUCTS OR SERVICES, YOU MUST AGREE TO BE BOUND BY THIS DOCUMENT.

ALL FEES, IF ANY, THAT YOU PAY TO SUPERBLOOM COWORKING LLC ARE SOLELY BASED ON THE FAIR MARKET VALUE OF ANY SERVICES THAT SUPERBLOOM COWORKING LLC PROVIDES TO YOU, INCLUDING PROPRIETARY TECHNOLOGY, PLATFORM OFFERINGS, AND SUPPORT. 

SECTIONS 15, 16, AND 17 IN PARTICULAR LIMIT OUR LIABILITY. PLEASE READ THEM CAREFULLY.

Superbloom Coworking Terms and Conditions of Use 

Superbloom Coworking LLC (“Superbloom”) is excited to offer you access to our online platform, Superbloom Coworking (“App,” and “Platform”). Please read these Platform terms and conditions of use (“Terms and Conditions”) carefully, as it sets forth the obligations of your contract with Superbloom, a California limited liability company (“us,” “we,” and “our”). 

Those who register with the Platform (“Users,” “you,” and “your”) will have access to the Platform’s interface. The Platform is intended to help build relationships among individuals with neurodivergent conditions, and those who wish to better understand neurodivergence in its many forms.

When you register with the Platform as a User, you acknowledge and are bound by the Terms and Conditions. 

 

Acceptance and Agreement

 

This Agreement forms a legally binding contract between you and Superbloom for your access to, registration, and use of the Platform. You represent and warrant that you have the right and authority to bind yourself to these Terms and Conditions. You further represent and warrant that you agree that all information you submit to Superbloom for registration is true and accurate.

 

By using the Platform, you agree to allow Superbloom to collect and use your information. Superbloom’s use Superbloom may change these Terms and Conditions without advance notice, and your continued use of the Platform signifies that you agree to be bound by any changes. We will notify you of any changes to the Terms and Conditions.

 

You hereby acknowledge and agree by using this Platform that you grant Superbloom, licensors, affiliates, subsidiaries, or parent companies the irrevocable right to take, use, and publish photographs, audio recordings, video recordings, reviews of Platform and Superbloom of you or created by you in connection with your use of the Platform for lawful promotional, educational, or marketing purposes in any media now known or later developed, including but not limited to social media, printed media, online postings, and other presentations. You also acknowledge and agree that you will receive no compensation for the use of such materials and that you waive any right to approve of or inspect the finished use by Superbloom of the material or the context in which it appears. All rights, titles, and interests in and to the media belong solely to Superbloom.

 

This Agreement governs your access to and use of the Platform. By accessing or using the Platform, you agree to be bound by this Agreement. You may use the Platform only if you can form a binding contract with us and only in compliance with these Terms and Conditions, as well as all applicable local, state, national, and international laws, rules, and regulations.

 

The Platform

 

The Platform enable Users to select coworking spaces, attend coworking sessions, network with other Users, establish an online community, and attend online courses on many topics including but not limited to business coaching, personal development, health education, and wellness activities (including but not limited to yoga) (the offerings in this sentence are collectively referred to as “Content”). 

 

The Platform itself does not provide or render any services or features outside of those described in Section 2(a). Should the Platform change its offerings, it will update these Terms and Conditions and notify Users.

 

Users should not incorporate or share sensitive information, including but not limited to protected health information (“PHI”) as defined in the Health Insurance Portability and Accountability Act of 1996, its amendments, and implementing regulations, as well as the Health Information Technology for Economic and Clinical Health Act (collective referred to as “HIPAA”) in any communications or resources shared on the Platform. Superbloom is not responsible for any inclusions or entry of PHI on the Platform, whether intentional or inadvertent. It is the responsibility of the User to refrain from use of PHI on the Platform.

 

The Platform Does Not Provide Professional or Certified Healthcare Services

 

The Platform maintains and provides tools for Users to network and use its Content to build a community. The Platform does not, in any capacity, dispense, render, or otherwise provide professional or certified healthcare services. The Platform does not encourage or hold any beliefs of any specific treatment modalities, therapeutic techniques, or other approaches held, utilized, even if Superbloom offers wellness services as part of its Platform. 

 

Conduct, Prohibited Countries, and the U.S. States

 

Superbloom created its Platform as a safe space for its Users. By using the Platform, you expressly agree not to deceive, harass, stalk, harm, or exploit any other User on the Platform, including but not limited to engaging in racist, homophobic, transphobic, and ableist actions; distribute spam; collect or record information about Platform users in any capacity; or advertise or solicit others to purchase any product or service on the Platform. Superbloom reserves the right but does not have an obligation to monitor all conduct on the Platform.

 

The Platform is not open to individuals who live in countries prohibited by law, regulation, treaty, or administrative act from entering into trade relations with the U.S. or any U.S. state. It is solely your responsibility to determine if you may lawfully use the Platform in any particular country or jurisdiction. Superbloom makes no guarantees or assurances regarding any User’s authorization to use the Platform or access or manipulate Content. 

 

To access the Platform, Users must reside in the United States or one of its territories. It is solely your responsibility to determine if you satisfy this condition. 

 

License Grant and Permitted Use

 

Unless otherwise expressly stated, Superbloom or its licensors own all the Platform and Platform Content. The United States, worldwide copyright laws, and treaty provisions protect the Platform.

 

So long as you comply with, and are subject to, these Terms and Conditions, Superbloom hereby grants you a limited, personal, non-exclusive, and non-transferable license to use the Platform for as long as your registration remains active (collectively referred to as “License Grant”).

 

Account Registration and Security

 

To access Platform Content and have a profile on the Platform, you must create an account (“Sign-Up”). The Platform will retain Sser-specific information, including but not limited to emails and usernames for account recovery and Platform analytic purposes.

 

When you complete the steps required for Sign-Up, you agree to supply truthful and complete information and update it if it changes. By providing information about yourself, you warrant that you are over 18 years of age and that you may form a binding contract. If you provide any untruthful or incomplete information, or if Superbloom reasonably suspects such, Superbloom reserves the right to suspend or terminate your account and registration and refuse to permit your future use of the Platform or its Content.

 

You are solely responsible for your own account activity and agree to maintain your own secure password and not use anyone other User’s password or login credentials. You further agree not to share or sell your password or login with anyone else.

 

Please immediately alert Superbloom to any unauthorized use of your account, password, username, email, or other breaches of security.

 

Platform Content

 

Access. The Platform provides access to part of its Content for an annual subscription fee. Superbloom does not currently offer monthly or quarterly enrollment options, or any installment plan for payments. Please visit Superbloom’s website for more information relating to subscription services. You agree to all fees associated with your use of the Platform and acknowledge that there is no trial period for use of the Platform. In the event that Superbloom offers an installment plan in the future, you acknowledge and agree that by subscribing, you are committing to paying the full subscription cost.

 

Changes. Superbloom may change, modify, add, remove, suspend, cancel, or discontinue any of Platform’s features, including the availability of any Content at the sole discretion of Superbloom consistent with these Terms and Conditions. Your continued use of the Platform after any such changes, modifications, additions, removals, suspensions, cancellations, or discontinued features or Content demonstrates your acknowledge of and consent to Superbloom’s decision.

 

Billing. BY PURCHASING A PAID SUBSCRIPTION TO THE PLATFORM, YOU AGREE TO PAY THE ASSOCIATED SUBSCRIPTION FEE. SUPERBLOOM WILL CHARGE YOUR PROVIDED PAYMENT METHOD FOR THE SUBSCRIPTION FEE, AND MAY AUTOMATICALLY DEDUCT ANY RECURRING PAYMENTS SHOULD SUPERBLOOM IMPLEMENT AN INSTALLMENT PLAN FOR ANY SUBSCRIPTIONS. BY PROVIDING PAYMENT, YOU AGREE TO SUPERBLOOM AUTOMATICALLY CHARGING THE PROVIDED PAYMENT METHOD FOR THE SUBSCRIPTION FEE AND ANY APPLICABLE TAXES UNTIL YOU CANCEL YOUR SUBSCRIPTION TO THE PLATFORM. IF YOUR PAYMENT METHOD FAILS AND YOU DO NOT PAY YOUR SUBSCRIPTION FEE OR DO NOT PAY YOUR SUBSCRIPTION FEE ON TIME, SUPERBLOOM MAY REMOVE YOUR ACCESS TO CONTENT, CANCEL YOUR PAID SUBSCRIPTION, OR SUSPEND YOUR ACCOUNT.

 

Taxes. You are solely responsible for the payment and compliance with any taxes associated with the purchase of any subscriptions for the Platform paid to Superbloom.

 

Payment Methods. Payment for Platform subscriptions can be made with a credit card through a third-party vendor contracted with Superbloom (“Payment Processor”). Payment processing services for payment of Platform subscriptions are provided by a Payment Processor and are subject to its Third-Party Terms of Service (“Payment Processor Terms of Service”). By agreeing to these terms or continuing use of the Platform or its Content, you agree to be bound by the Payment Processor Terms of Service, as the same may be modified by the Payment Processor from time to time. As a condition of Superbloom enabling payment processing services through the Payment Processor, you agree to provide Superbloom accurate and complete information, and you authorize Superbloom to share transaction information related to your use of the payment processing services provided by the Payment Processor.

 

Authorization. By providing payment information to us, you grant the Payment Processor and us your consent and authorization for your credit card to be charged any subscription fees for use of the Platform. All overdraft, chargebacks, and bank fees are your sole responsibility.

 

Notice of Fee Increase. Superbloom will provide you with notice of a subscription fee increase prior to you being billed. By continuing to use the Platform, accessing or manipulating Content, you agree to be charged the increased subscription fee. When Users subscribe to the Platform, the rate charged at the start of the subscription will remain the rate charged to the User until the User cancels the subscription or is terminated from use of the Platform.

 

Cancellation and No Refund. You can cancel your subscription fee at any time by notifying Superbloom. Superbloom will notify you that your subscription is running out before you are charged for a subsequent subscription period. You will maintain your access to all Platform Content through the end of the subscription period for which you have already paid. However, you will lose access to select Platform Content on the first day following the end of your subscription period. Superbloom does not offer refunds. However, for specific extenuating circumstances, as determined at Superbloom’s sole discretion, Superbloom may consider partial refunds or pausing your subscription. 

 

Termination. Superbloom, at its sole discretion, may terminate your use of the Platform or any Content at any time and for any reason without notice for any conduct, including but not limited to such conduct as expressed in the Terms and Conditions. You agree that if your use of the Platform is terminated under these Terms and Conditions, you will not attempt to use the Platform or access or manipulate its Content under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will, to the fullest extent permitted by law, indemnify and hold Superbloom harmless from any liability that Superbloom may incur, therefor.

 

Acceptable Use 

 

You acknowledge and agree that Superbloom (i) is the owner (or has the rights of an owner) of all worldwide right to, title to, and interest in the Platform, regardless of the format in which it is expressed; and (ii) shall be the exclusive owner of all worldwide right to, title to, and interest in any modifications, customization, variations, or adaptations of the Platform based on or substantially similar to the Platform.

 

You shall use reasonable means to ensure, through proper instructions and enforcement actions, that access to and use of the Platform by you will be under these Terms and Conditions and will be made and used solely for proper and legal purposes and will be conducted in a manner that does not violate any law, rule or regulation, or the rights of any third party. 

 

Use of the Platform is subject to all these Terms and Conditions, including Superbloom’s acceptable use policies. You shall not (i) use, permit the use of, or permit access to the Platform except in accordance with these Terms and Conditions; (ii) modify, translate, reverse engineer, decompile, disassemble, or attempt to derive or alter any source code of the Platform and its Content; (iii) engage in, permit or suffer to continue any unauthorized copying of the Platform; (iv) distribute, sublicense, sell, assign, transfer, rent, lease, pledge, encumber, disclose to any unauthorized third party, or otherwise allow any unauthorized third party to view, the Platform and its Content, or make any attempt to do so; (v) alter, remove, obscure or hinder delivery of any copyright, disclaimer, or proprietary or intellectual property rights notices appearing in the Platform and its Content; (vi) take any action compromising, or that has the possibility of compromising, the enjoyment and use the Platform by any other User; or (vii) take any action compromising, or that has the potential of compromising, Superbloom’s rights in the Platform and Content.

 

Security and Privacy

 

Superbloom is not responsible for any information Users may include on the Platform that is subject to HIPAA. If you use, disclose or transmit PHI in connection with the Platform, or its Content, you agree to indemnify Superbloom against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney’s fees and costs) arising out such use, disclosure, or transmission of PHI. 

 

We have implemented commercially reasonable measures and administrative, technical, and physical safeguards to protect any information stored in the Platform’s database. However, our Platform’s technical offerings are based on several factors that exist outside of Superbloom’s control. As such, Superbloom cannot guarantee the Platform or its Content will be uninterrupted, timely, or secure at all times.

 

Superbloom works to comply with all applicable laws that concern the privacy of online communications. By using the Platform, however, you acknowledge that the Internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services, all of which can be intercepted and otherwise compromised. As a matter of prudence, you are urged to assume that all internet communications are not secure and to not include any sensitive information or PHI on any resources within the Platform. 

 

Consent to Electronic Communications and Information You Provide

 

By providing Superbloom with your contact information, you consent to receive unencrypted and unsecured email communication related to your use of the Platform. You agree that any notices, agreements, disclosures, or other communications that Superbloom provides to you by email satisfy any legal communication requirements. By using the Platform, you agree to us using your personally identifiable information for marketing, communications, messaging, scheduling, feedback, and other related purposes and contacting you through push notifications. 

 

Superbloom has the right, but not the duty, to monitor your use of the Platform, including any information you provide during registration. Any information you send to Superbloom by email may be misdirected or intercepted by unintended recipients. If you have confidentiality and privacy concerns, please consider using an alternative communication mode and do not transmit any sensitive or confidential information to us via email. 

 

By engaging in communication through available Platform communication methods, you agree that Superbloom is not responsible for the privacy of any communication transmission. Superbloom does not warrant the confidentiality or security of any communication transmission and you recognize such messages may not be secure. 

 

You are responsible for all information you send through the Platform. This means that you agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information that violates any law or confidentiality agreement. Superbloom may edit, delete, modify, ban such information, and take necessary legal action.

 

Submissions of Information

 

Do not send Superbloom any ideas, suggestions, materials, concepts, or other information (collectively “Information”) relating to the Platform. If you violate this policy and send Information to Superbloom, that Information will become the property of Superbloom. This means that Superbloom will have unrestricted use of it for its business and commercial purposes. Superbloom will not compensate you and will not be liable to you or any other Information provider.

 

If you send Information to Superbloom, you agree: (i) to waive your rights in any Information; (ii) to warrant that it is original to you; (iii) that you have the right to submit it to Superbloom; and (iv) that you have no recourse against Superbloom for any alleged or actual infringement or misappropriation of any proprietary right in any Information.

 

You further agree not to: (i) transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information; (ii) impose an unreasonably large amount of Information on the Platform or otherwise interfere with or inhibit any other User from using or enjoying the Platform; (iii) transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications; (iv) access, use, or copy any portion of the Platform using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; or (v) impersonate another person or allow any other person or entity to use your identification for interacting on Superbloom’s social media.

 

Intellectual Property

 

Except as provided in the License Grant, you may not copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Platform, including any trademarks, names, or logo, and you may not redeliver or present any of the pages, text, images, or Content using “framing” technology, nor systematically retrieve data, information, or Content to create a collection, compilation, database, or directory. Superbloom reserves all rights not expressly granted.

 

Except as expressly outlined in these Terms and Conditions, you shall not do any of the following: (i) modify, reformat, or translate the Content, (ii) license, sell, rent, lease, transfer, assign, distribute, offer, or otherwise commercially exploit the Content, or any portion thereof; (iii) use the Content in any manner that allows any person to access the Content other than as expressly provided for in these Terms and Conditions; or (iv) continue to use any Content after the termination of these Terms and Conditions.

 

Operation of the Platform

 

Superbloom makes all reasonable efforts to keep the Platform operational and available for access on a 24-hour-a-day, seven-day-a-week basis. This is occasionally subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and systems outages.

 

Superbloom, however, does not provide any assurance or warranty that: (i) access will always be available; (ii) service will be uninterrupted; (iii) its operation will be error-free; (iv) defects will be corrected; or (v) the servers that operate the Platform are free from viruses or other harmful components.

 

You agree to assume the entire cost of all servicing, repair, or correction to your property arising from your use of Platform and its Content.

 

Limitation of Liability

 

Superbloom assumes no responsibility for any act or omission that you or any User engages in while using the Platform. We encourage you to do your own research.

 

Under no circumstances will Superbloom, its employees, officers, representatives, or agents be held liable for any indirect, consequential, or punitive damages related to Content created or used by any User accessed through the Platform greater than $1,000. 

 

ALL INFORMATION IN THIS PLATFORM IS PROVIDED ON AN “AS IS” BASIS FOR ALL USERS. ACCORDINGLY, SUPERBLOOM MAKES NO REPRESENTATIONS, AND NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WITH RESPECT TO THE PLATFORM OR ITS CONTENT OR OTHERWISE REGARDING THE PLATFORM OR ITS CONTENT. TO THE FULL EXTENT PERMITTED BY LAW, SUPERBLOOM DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SUPERBLOOM GIVES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THE PLATFORM OR ITS CONTENT.

 

By using the Platform, you signify that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on the Platform and are not responsible for any errors or omissions in the information provided or available Content.

 

Superbloom is not responsible for User’s damage or loss. You agree that Superbloom is not responsible to you or others for any loss or damages that result from your use (or non-use) of the Platform or its Content. This loss or damage includes, but is not limited to, direct, indirect, special, consequential, compensatory damage, incidental damage, lost profits or data, damages to your computer resulting from viruses, loss of or damage to other property, claims of third parties, or copying or display of the Platform or its Content. Superbloom is not responsible, regardless of whether Superbloom has been advised or knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against Superbloom is to stop using the Platform and accessing any Content.

 

No Warranty or Guarantee of Outcome

 

SUPERBLOOM MAKES NO GUARANTEE AND NO WARRANTY THAT YOU WILL HAVE ANY SPECIFIC BENEFIT FROM USE OF THE PLATFORM OR ITS CONTENT, INCLUDING CONTENT RELATED TO GROWING REVENUE AND WELLNESS SERVICES. FURTHER, SUPERBLOOM MAKES NO GUARANTEE, AND NO WARRANTY THAT THE PLATFORM WILL OPERATE UNINTERRUPTED AND ERROR-FREE.

 

Indemnification for Your Use of the Platform

 

Neither Superbloom, nor any licensors, affiliates, subsidiaries or parent companies, nor any respective officers, members, managers, workforce members, or representatives will be liable for any damages including, but not limited to, indirect; incidental; consequential; special; exemplary; or punitive damages greater than $1,000. Unless otherwise prohibited by law, in no event shall Superbloom nor any licensors, affiliates, subsidiaries or parent companies, nor any respective officers, members, managers, workforce members, or representatives will be liable for any special, indirect, or consequential damages, or damages whatsoever resulting from loss of use or data, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use of the Platform or its Content greater than $1,000. Your sole and exclusive remedy for dissatisfaction with the Platform is to stop using the Platform and accessing any Content. Superbloom provides no indemnification of any kind.

 

You will indemnify Superbloom from any suit or proceeding made or brought against Superbloom by a third-party for claims related to your use of any portion of the Platform or its Content.

 

No Assignment

 

These Terms and Conditions and licenses may not be transferred or assigned by you to anyone but may be assigned by us without restriction.

 

Applicable Law and Enforcement of These Terms and Conditions

 

The laws of the state of California, without affecting its principles of conflicts of law, govern all adversarial proceedings arising out of this Agreement. If a User of the Platform takes legal action against us relating to these Terms and Conditions or relating to the User’s interactions with or relationship to Superbloom relating to the Platform, that User agrees to file such action only in the state and federal courts located in the State of California.

 

By using the Platform, you agree that: (i) if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (ii) that if an unenforceable provision is modified or disregarded under this paragraph, then the rest of these Terms and Conditions will remain in effect as written; and (iii) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

 

No waiver of any privacy policy or these Terms and Conditions shall be effective unless in writing and signed by an authorized representative of Superbloom. No such waiver shall be deemed a further or continuing waiver of such term or any other term or condition of use. 

 

Unless later agreed to between the parties, these Terms and Conditions constitutes the entire agreement between you and Superbloom related to your use of the Platform. It does not create any relationship between you and Superbloom that is not contemplated in these policies.

 

Amendments and Modifications

 

Superbloom may amend or update these Terms and Conditions or its Platform at any time without prior notice. If you use the Platform after any changes, you agree to be bound by the changes then in effect.