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Terms & Conditions
Please read carefully. This is a legal document.
I, the “Participant”, have agreed to be a voluntary beta user of the BLOOM By Botanicare. (“BLOOM”) beta team.
Participant’s selection as a BLOOM tester allows Participant the opportunity to evaluate BLOOM’s newest indoor growing devices and consumables (collectively, the “Products”).
In exchange for being provided access to the Products and acting as a beta tester, including related activities and any continuation thereof (collectively, the “Beta Program”),
and Participant’s participation in the Beta Program, BLOOM requires that Participant agree to the terms of this Beta Program Agreement. In consideration for the opportunity to participate
in the Beta Program Participant, hereby irrevocably and unconditionally warrants and agrees for itself and its heirs, estate, insurers, successors and assigns, as follows:
Confidentiality. In the course of the Beta Program, I may have access to information that is confidential and proprietary to BLOOM or to BLOOM’s affiliates,
partners, suppliers, customers or other participants in the Beta Program (collectively, the “BLOOM Group”) including, but not limited to, the designs, materials, marketing plans,
tests, data and evaluations (collectively, “Confidential Information”). Any comments, suggestions, materials or ideas I provide to BLOOM Group in connection with this Beta Program is also Confidential Information.
I will keep confidential all Confidential Information, not disclose it to any person (other than to BLOOM Group) and use it only as expressly permitted by BLOOM in writing. Information (i) that is generally known to the public through no fault of mine,
(ii) that I can demonstrate was in my possession before I received it from BLOOM or created it using Confidential Information or (iii) that I obtained from a non-restricted source, is not considered Confidential Information. I agree that BLOOM retains sole
rights in all Confidential Information, and no rights are granted to me by virtue of my participating in the Beta Program or otherwise.
I acknowledge that a violation of the sections of this agreement concerning Confidential Information and protection of Products will cause irreparable injury to BLOOM,
the amount of which will be impossible to estimate or determine and which cannot be adequately compensated. Therefore, I agree that if I breach those sections, BLOOM is entitled,
in addition to all other rights and remedies available under applicable law, to an injunction from any court of competent jurisdiction, enjoining any violation or threatened violation
of those sections in this agreement.
Ownership of the Products. I understand that, unless otherwise agreed, all experimental products I use during the Beta Program phase are and remain
the property of BLOOM before, during and after the Beta Program. I will not loan, re-sell or give the products to anyone. After the Beta Program, or whenever a BLOOM representative
analyst requests their return, I will promptly return the products to BLOOM, unless I have paid for the Products. I will provide detailed information about the experimental products when requested by BLOOM.
Competitor Relationships. I do not have, and will not have at any time during my engagement with BLOOM under this Beta Program Agreement, any material relationship with any BLOOM competitor.
If I develop any such relationship during my engagement with BLOOM, I agree to (i) promptly notify BLOOM in writing as to the nature of such relationship and (ii) discuss it with my direct contacts at BLOOM. For purposes of this paragraph, (i) “BLOOM competitor” means any person, entity or organization that designs, develops, manufactures, distributes, markets, licenses or sells products or services that are similar to BLOOM’ products and services and (ii) “material relationship” means any relationship that a reasonable person would believe potentially harmful to the BLOOM Group or that may present any threat or potential threat to the BLOOM Group, including, for example, any BLOOM competitor’s engaging or employing me or any of my family members or friends.
Authorization to Use, Recording, and Feedback. BLOOM may be photographing or filming the Beta Program for product development, research, or other purposes, which shall not include advertising, promotional,
or other commercial purposes. I hereby grant to BLOOM, its affiliates, subsidiaries, successors, assigns and licensees permission to film, photograph, video record and otherwise record my image,
voice, avatar, name, biographical data, silhouette, body dimension, shape, posture, or any other aspect of the recording in connection with the Beta Program (collectively the “Recording”) and the
right, throughout the world, in perpetuity, to register for copyright, to use and to assign and/or license others to use all or any portion of the results thereof (or a reproduction thereof), in all
media and in any manner now known or hereafter developed, in connection with the Beta Program or otherwise without any additional consideration. I shall have no right of approval and no legal claim
arising out of any use or editing of the Recording or my name. BLOOM shall have no obligation to use any of the rights I grant. BLOOM shall have the right at all times to use my name, likeness, and
other identifying information for product development, research, and other internal purposes. I represent that it is not necessary for BLOOM to obtain permission from or to pay any third party in
connection with the rights granted in this paragraph.
Release of Liability and Waiver. I understand that I may be using previously untested products, or products that have been used and tested by others, and that there may be an inherent risk of potential accident
and injury to myself and others. Consequently, I acknowledge that the Beta Program involves the inherent risks of injury and damage to property, and I assume all responsibility for and agree
to release, defend and hold the BLOOM Group and its officers, directors, employees, shareholders, agents, and all their respective successors and assigns (collectively, the “Released Parties”) harmless from all liabilities, costs, expenses and damages relating to all such risks, including as may arise or result from the negligence of the Released Parties or my participation in the Beta Program. I also agree to release, defend and hold the Released Parties harmless from all liabilities, costs, expenses and damages relating to (i) my breach of any terms of this Beta Program Agreement or any other written agreement between BLOOM and me and (ii) the impact of my signing this Beta Program Agreement and participating in this Beta Program. I also agree to never institute any claim, suit or action against any of the Released Parties, in any court or agency, related to or arising out of me being a tester. As a tester, I further acknowledge that no employee/employer relationship is established by this agreement or relationship.
I understand that my agreeing to this Release of Liability and Waiver section is a condition to my joining and continued participation in the Beta Program and that, in permitting me to participate in the Beta
Program, BLOOM is relying on this section’s continued effectiveness.
Indemnity. I will hold harmless, indemnify, and reimburse the Released Parties from and for any sums, costs, or expenses (including attorney fees) incurred by any of the Released Parties or paid by them
to any person (including me or my insurers) in connection with any accident, injury (including death), loss, or damage sustained by me or others in connection with my attendance at or participation
in the Beta Program, including transportation related to the Beta Program. This means that I will reimburse the Released Parties if anyone makes a claim against them based on injuries, losses,
or damages I may suffer in connection with the Beta Program. If I am a California resident or could otherwise claim the protections of California law, I further expressly waive the provisions
of Section 1542 of the California Civil Code, which reads as follows: "A general release does not extend to the claims which the creditor does not know or suspect to exist in his favor at the
time of executing the release which, if known by him, must have materially affected his settlement with the debtor."
No Insurance. I understand that BLOOM does NOT provide me with any insurance for any loss or damage that may arise in connection with my participation in the Beta Program.
If I want insurance of any kind, I must obtain my own.
Feedback. I will faithfully follow any instructions given to me by BLOOM in the course of the Beta Program. In addition, during the Beta Program, I may provide comments,
suggestions, materials or ideas (collectively, "Feedback") to BLOOM or its representatives. The Feedback will be a true reflection of my beliefs, findings and opinions. I hereby irrevocably grant, assign and transfer to BLOOM all of my right, title and interest in and to the Feedback. BLOOM shall have the sole and exclusive right throughout the world and in perpetuity to use and exploit the Feedback, in any format or version, by any means and in any media. I warrant that my Feedback is not subject to any confidentiality, nondisclosure or use restriction that might prevent BLOOM from using my Feedback. I acknowledge that BLOOM is under no obligation to use the Feedback.
Without limiting the above, Participant is responsible for ensuring that the physical environment, including necessary hardware equipment, is available for operation and testing of the Products. For a minimum of ninety (90) days after commencement of the Beta Program and at least once every week (1 week) Participant will post an update with photography to the BLOOM Forum at www.BLOOMforum.com. At least twice during such period, Participant will provide BLOOM with Feedback regarding the Product, its usability and features, errors, and any other data requested by BLOOM or identified by Participant through use and testing of the Product by Participant via a digital survey or questionnaire sent to the Participant by the BLOOM. Participant will also provide troubleshooting and debugging assistance, if requested and instructed in such assistance by BLOOM.
Miscellaneous. I acknowledge that BLOOM may remove me from the Beta Program at any time and for any reason.
I acknowledge that I may terminate this agreement only in a signed writing delivered to the person at BLOOM who has direct oversight of the Beta Program.
Upon any such termination, I acknowledge that BLOOM may terminate my participation in the Beta Program and that I forfeit all compensation relating to any post-termination time period. This document is the entire agreement between the parties with respect to the matters addressed in it, and it may not be changed without BLOOM’ written consent. The rights and obligations in this Beta Program Agreement survive the end of the Beta Program and the termination of this Beta Program Agreement. If any portion of this Beta Program Agreement is held to be unenforceable, that portion will be ineffective only to the extent it is unenforceable, and all the other provisions shall be given full force and effect. Ohio law governs the terms of this Beta Program Agreement (irrespective of its conflicts of laws provision), and exclusive venue for any litigation related in any way to it shall be in Franklin County, Ohio. I hereby consent to the jurisdiction of any state or federal court in Franklin County.
Privacy Notice; Other Terms. I understand and acknowledge that my participation in the Beta Program data is subject to BLOOM’s Privacy Notice which can be found at this link:
https://www.scottsmiraclegro.com/privacy. I further agree that my participation in the Beta Program is subject to BLOOM’s Conditions of Use, Terms of Service, EULA,
and Terms of Sale which can be found at this link: https://www.bloomgrows.com.