Content may change or be updated. Notification is sent to all subscribed partners and users. This page was last updated on 09/08/2023.
Despite our efforts to make all pages and content on our site fully accessible, some aspects may need to be improved.
Accessibility support can be obtained by phone on +1 650 427-9358. You can also text our phone number to request that we call you back. You can leave us a message on our answering machine if we are not in the office and we will call you back. Also: You can reach Ardan Michael Blum, Webmaster by using this link to a secure contact form.
TERMS OF SERVICE, DISCLAIMER AND MORE
Defined circumstances may allow you the following data protection rights: The right to access, update, or to delete the information we have about you. The right of rectification of this information. You have the right to have your information rectified if that information is inaccurate or incomplete. The right to object. You have the right to object to our processing of your personal data. The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of your personal data in a structured, machine-readable and commonly used format. The right to withdraw consent. You also have the right to withdraw your consent at any time where Ardan Michael Blum relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests. You have the right to complain to a Data Protection Authority about our collection and use of your personal data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
TERMS OF SERVICE (GLOBAL)
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Ardan Michael Blum located at 345 Forest Avenue, Suite 204, Palo Alto, California 94301 and our subsidiaries and affiliates. Incorporated by reference in these Terms is our site (the “Website”) where you can find content provided by Ardan Michael Blum for informational purposes and may in the future have products available (the “Products”). (The Website and the Products collectively the “Service”), and form a legally binding agreement between Ardan Michael Blum (“we”, “our” or “us”), and users of the Service (“you”, “your”, “yours” or “User”), and describe the terms under which you agree to use the Service, any successor website and any other service or product which may be made available to you by us.
We are not responsible for inaccuracies, typographical errors, omissions, product information or advertising. We aim to ensure that the contents of this website are accurate and reliable. However, errors and/or omissions may sometimes occur.
As a result, this website and its contents are provided on an “as-is” basis. We make no representations or warranties of any kind regarding this website, the content and/or the results that may be obtained from the use of this website. Hereby we disclaim any and all warranties, including without limitation, warranties of merchantability and fitness for a particular purpose, warranties against infringement and title, and warranties that this website and the content will be uninterrupted, timely, secure or free of errors of viruses. We are not responsible for the correctness, accuracy, completeness or reliability of this website or any of its content. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected. Information on our web pages is not intended to serve as a guarantee, warranty, or prediction regarding the outcome of events past or present or future.
In no event shall we or any of our respective team, staff, webmaster, officers, directors, licensors, employees or agents be liable, whether in contract, tort, strict liability or otherwise, for any direct, indirect, punitive, special, incidental, consequential or indirect loss, injury or damages (including, without limitation, lost profits) arising out of or in connection with the use of this Website or its content. Unless otherwise noted, all content contained on this Website is protected by copyrights, trademarks, and/or other intellectual properties laws. In no event shall this site or its maker be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence, or other action relating to the use or performance of this information.
This site and/or Ardan Michael Blum does not make any express or implied warranties, endorsements or representations whatsoever as to the information, content, materials, or products on our pages or related content online. No content may be reproduced, copied, republished, uploaded, posted, transmitted or distributed in any way, except you have a limited right to download, display and print one copy of the materials presented on this website on a single computer for your personal and non-commercial use only. The use of any content from this Website on any other internet, application, intranet, web or other site or computer environment is prohibited. This site may make improvements and/or changes in the products, pricing and/or the programs described in this information at any time without notice.
BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Ardan Michael Blum (where applied) Services, Affiliate Services, third-party content or third-party software.
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE. BY ACCESSING OR USING THE SERVICE YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICE. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
ACCEPTANCE OF TERMS
By using or accessing the Service, you: (i) acknowledge that you have read, understand, and agree to be bound by these Terms; (ii) represent that you have the authority to enter into these Terms, including all of the terms and conditions specified or reference below; (iii) represent that you are eligible to enter into these Terms pursuant to the eligibility requirements set forth below in Section 1.2; and (iv) agree that you are entering into these Terms, including all of the terms and conditions specified or reference below, with Ardan Michael Blum. In addition, when using particular services or materials through or in connection with the Service, you shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions or other operating rules, policies and procedures in addition to those in the Terms (“Additional Terms”). All such Additional Terms are hereby incorporated by reference into this Agreement.
You may use the Service if you are at least eighteen (16) years of age. By accessing or using the Service you affirm that you are at least sixteen (16) and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If for any reason, we, in our sole discretion, believe you do not meet the eligibility requirements set forth above, we reserve the right, without provision of any notice to you to terminate your access to the Service, and these Terms. If you do not meet the eligibility requirements as set forth in this Section, do not use the Service.
ACCESS TO THE SERVICE
Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, limited and revocable right to access and use, solely over the internet, the Service in connection with your personal [and/or commercial] purposes; provided, that such use is at all times lawful. Registering Your Account With The Service. To purchase Products in the Service, you may have to create an account and meet the other requirements established in these Terms. By creating an account, you agree that all of your account information is true and complete, and you will keep your account information current. When you establish a Ardan Michael Blum account, a password will also be created to enable you to access and use certain portions of the Service.
You agree to keep your username and password confidential, that you are solely responsible for maintaining the confidentiality of your username and password, and that you are solely responsible for restricting access to your computer(s) or mobile device(s). You agree to access the Website from devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent these Terms. Each time a valid password is used with your account, you will be deemed to be authorized to access and use the Service in a manner consistent with the Terms, and we have no obligation to investigate the authorization or source of any such access or use of the Service. You agree that you will be responsible for all activities that occur under your account or password, including, without limitation, purchases of Products made, and anything else that occurs, through your account, whether or not such access to and use of the Service is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation, financial obligations) incurred through such access or use.
YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED, OR OTHERWISE IMPROPER USE OF YOUR ACCOUNT AND PASSWORD USED TO ACCESS YOUR ACCOUNT. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.
You should carefully read this page before using the Service as it governs our treatment of any personal information you submit to us in connection with registering your account or that we otherwise collect about you.
As a condition for your access to the Service, you agree that, unless otherwise expressly authorized by these Terms or in writing by Ardan Michael Blum, you will not: License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Website; modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; access the Website in order to build a similar or competitive website, product, or service. The use of any automated devices, such as scripts, spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute content from the Website or to manipulate the Website; take any action to interfere with, interrupt, destroy or limit the functionality of the Website; not use the Website in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to any of our servers, or interfere with any other party’s use and enjoyment of the Website; attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to any Ardan Michael Blum server, through hacking, distribution of counterfeit software, password mining or any other means; obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website; use information obtained from the Website to transmit any commercial, advertising or promotional materials, harass, offend, threaten, embarrass, or invade the privacy of any individual or entity, or violate any applicable law, regulation or rule; use the Website: (a) in violation of any applicable foreign or domestic laws, statutes, rules, regulations or judicial decrees; (b) for purposes of identity theft, financial, email, or other fraud and/or in a manner that does or is intended to cause emotional or physical harm, to discriminate against, or “stalk” or otherwise harass, mass-market, robo-dial, robo-text, or mass email any other person; (c) to violate the Intellectual Property Rights (as defined below) or other proprietary rights of any third parties; or (d) otherwise use the Website in connection with activity that (including by posting, publishing or transmitting any text, comments and/or other material that): (i) is defamatory; (ii) is obscene, pornographic or offensive; (iii) invades another’s privacy; (iv) is false or misleading; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any Intellectual Property Rights (as defined below); (vii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil or criminal liability; (viii) accesses, tampers with, or otherwise uses non-public areas of the Website; (ix) is in connection with sending unsolicited email, junk mail, “spam” or chain letters, promotions or advertisements for products or services or altered, deceptive or false source-identifying information; and/or (x) impersonates or misrepresents your affiliation with any person or entity. All copyright and other proprietary notices on the Website (or on any content displayed on the Website) must be retained on all copies thereof.
Ardan Michael Blum reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that Ardan Michael Blum will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof.
You acknowledge and agree that Ardan Michael Blum will have no obligation to provide you with any support or maintenance in connection with the Service.
COMMUNICATIONS BETWEEN US
By accessing the Website you consent to having these Terms provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You expressly consent to our communicating with you about the Website using the contact information you provided to us.
By submitting Your Content to us, you represent and warrant that Your Content and Ardan Michael Blum’ use of Your Content do not and will not breach any agreement to which you are a party, violate any law, or infringe any right of any third party (including, but not limited to, privacy and Intellectual Property Rights (as defined below), and that Your Content is accurate. You represent and warrant that you have all the rights necessary to grant the licenses granted herein to Ardan Michael Blum in and to Your Content.
Indemnification. You will defend at your own expense any claim or action against Ardan Michael Blum or its officers, directors, employees or contractors (each a “Ardan Michael Blum Indemnified Party”) brought by a third party, and will indemnify and hold harmless each Ardan Michael Blum Indemnified Party from and against all costs (including reasonable attorneys’ fees) and damages incurred by such Ardan Michael Blum Indemnified Party in any such claim or action, to the extent that the action is based on: (i) allegations that any of your activity or Your Content violates any applicable law or any rights (including Intellectual Property Rights (as defined below) or privacy rights) of any third party; or (ii) your breach of any warranties made by you hereunder or your violation of any other provision of this Agreement or any Additional Terms.
The foregoing obligations are conditioned on Ardan Michael Blum notifying you promptly in writing of such action, giving you sole control of the defense thereof and any related settlement negotiations, and at your reasonable request and expense, cooperating and assisting in such defense. Under no circumstances shall you enter into any settlement that involves an admission of liability, negligence or other culpability of Ardan Michael Blum or any Ardan Michael Blum Indemnified Party or requires Ardan Michael Blum or any Ardan Michael Blum Indemnified Party to contribute to the settlement without Ardan Michael Blum’ prior written consent.
We may include descriptions of Products in the Service. We do not, however, represent or warrant that any such Product descriptions, including weight and size, or other such statements or content are accurate, complete, reliable, current, or error-free. Product images used on the Website are intended to represent brands or types of products and may not represent the exact size, flavor, type, quantity, or other specific details about the product you are purchasing. If you believe a product offered on the Website, or through the Service, is not as described, your only remedy is to return it in unused condition.
LINKS TO THIRD PARTY SERVICES.
The Website may include links to other websites operated by one or more third-parties (collectively, “Third-Party Services” or “Third-Party Service”). You acknowledge and agree that the Third-Party Services may have different terms and conditions and/or business practices than we do, and you further acknowledge and agree that your use of Third-Party Services is governed by that Third-Party Service’s terms and conditions, if any. We may provide you with links to the Third-Party Services as a convenience, but we do not verify, make any representations or take responsibility for such Third-Party Services, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Services.
Further: Articles on this site may include embedded content (e.g. videos, images, articles, etc.).
YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SERVICES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Ardan Michael Blum and his suppliers retain all right, title and interest in and to all (a) patents, utility models, copyrights, database rights and rights in trademarks, trade names, designs, knowhow, and invention disclosures (whether registered or unregistered); (b) applications, reissues, confirmations, renewals, extensions, divisions or continuations for any of these rights; and (c) all other intellectual property rights and similar forms of worldwide protection (“Intellectual Property Rights”) in and to the Service, and all other materials provided or made available to you in connection with the services provided by Ardan Michael Blum, and any and all modifications, updates, and enhancements to the foregoing items. Ardan Michael Blum shall be entitled to unrestricted use of any and all communications, comments, questions, suggestions, or related materials provided by you to us, whether by letter, email, telephone, or otherwise, suggesting or recommending changes to the Service including, without limitation, new features or functionality relating thereto (collectively, “Feedback”). All such Feedback is, and will be treated as, non-confidential and non-proprietary.
You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other Intellectual Property Rights and other proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever.
DISCLAIMERS: NOTHING SAID, REQUOTED, HINTED AT, SUGGESTED, PROPOSED, LINKED TO, OR OTHERWISE PRESENTED IN ANY FORMAT OR MANNER ON THIS SITE SHOULD BE ACCEPTED, UNDERSTOOD OR SEEN AS A FINAL STATEMENT. NOTHING SAID, SUGGESTED OR OTHERWISE SHARED IS TO BE ATTEMPTED, PUT INTO ACTION, SEEN AS GUIDANCE, OR USED WITHOUT CONFIRMATION FROM A THIRD PARTY QUALIFIED EXPERT. THE SERVICE IS PROVIDED ON AN “AS-IS”, “AS AVAILABLE”, AND “WHERE AVAILABLE” BASIS, AND ARDAN MICHAEL BLUM (AND OUR LICENSORS AND SUPPLIERS) EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THE SERVICE IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THESE TERMS.
TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES MADE AVAILABLE OR ACCESSED THROUGH THE SERVICE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. ARDAN MICHAEL BLUM DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABILITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE WEBSITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL ARDAN MICHAEL BLUM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SERVICE.
LIMITATION OF LIABILITY: YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ARDAN MICHAEL BLUM (WHERE APPLIED) AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: THE USE OR INABILITY TO USE OUR SERVICE; THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARDAN MICHAEL BLUM BE LIABLE UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OR DAMAGE TO DATA, COST OF COVER, LOSS OF ANTICIPATED REVENUE OR PROFITS, LOSS OF PRODUCTS, LOSS OF ENJOYMENT, WORK STOPPAGE OR IMPAIRMENT OF OTHER ASSETS, ARISING FROM OR IN CONNECTION WITH THESE TERMS OR ARDAN MICHAEL BLUM’S PERFORMANCE HEREUNDER OR THE USE, MISUSE, OR INABILITY TO USE, IN WHOLE OR IN PART, THE SERVICE, THE PRODUCTS, OR OTHER MATERIALS OR SERVICES PROVIDED BY ARDAN MICHAEL BLUM, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT ARDAN MICHAEL BLUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ARDAN MICHAEL BLUM (WHERE APPLIED) SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. ARDAN MICHAEL BLUM (WHERE APPLIED) AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ARDAN MICHAEL BLUM (WHERE APPLIED) AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) ARDAN MICHAEL BLUM SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) ARDAN MICHAEL BLUM (WHERE APPLIED) SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE ARDAN MICHAEL BLUM (WHERE APPLIED) SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF ARDAN MICHAEL BLUM (WHERE APPLIED) SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM ARDAN MICHAEL BLUM (WHERE APPLIED) OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. CONTENT IS MADE FOR THE PURPOSE OF PROMOTING INTERNET MARKETING, AND/OR SHARING GENERAL VIEWS BY THE WEBMASTER. THE BASIC FORMAT OF ALL SHARING ON THIS SITE IS SIMPLY ‘INFORMATIONAL’ AND REQUIRES VERIFICATION FROM A QUALIFIED EXPERT IN THE GIVEN AREA BEING DISCUSSED.
As a member of this site, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request. As a member, you agree that Ardan Michael Blum (where applied) may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services.
The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to: any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline; by way of requests from law enforcement or any other governmental agencies; the discontinuance, alteration and/or material modification to our Services, or any part thereof; unexpected technical or security issues and/or problems; any extended periods of inactivity; any engagement by you in any fraudulent or illegal activities; and/or the nonpayment of any associated fees that may be owed by you in connection with your account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuance, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party in regard to the termination of your account, associated email address and/or access to any of our Services. The termination of your account with this site shall include any and/or all the following: the removal of any access to all or part of the Services offered within this site; the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and the barring of any further use of all or part of our Services.
Notwithstanding anything in these Terms to the contrary, Ardan Michael Blum will have no responsibility or liability of any kind under these Terms, arising or resulting from: (i) problems caused by failed Internet connections or other hardware, software or equipment which is not owned, controlled or operated by Ardan Michael Blum; or (ii) any other factor outside of Ardan Michael Blum’ reasonable control.
ASSIGNMENT, WAIVER AND SEVERABILITY
Ardan Michael Blum’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found invalid or unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Ardan Michael Blum may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service.
These Terms shall be governed by and construed in accordance with the laws of the State of California without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act.
Before filing a claim against Ardan Michael Blum, you agree to try to resolve the dispute informally by sending a notice of dispute You can also reach us by using our contact form (link is found at the base of this page) and/or our other contact options found in this page's footer.
MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Ardan Michael Blum that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.
Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Ardan Michael Blum, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Ardan Michael Blum should be sent to: Ardan Michael Blum by using our contact form. After the Notice is received, you and Ardan Michael Blum may attempt to resolve the claim or dispute informally. If you and Ardan Michael Blum do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non- appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Ardan Michael Blum made to you prior to the initiation of arbitration, Ardan Michael Blum will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
(e) Time Limits. If you or Ardan Michael Blum pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Ardan Michael Blum, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Ardan Michael Blum.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Ardan Michael Blum in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise.
YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the agreement shall continue in full force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Ardan Michael Blum.
(m) Small Claims Court. Notwithstanding the foregoing, either you or Ardan Michael Blum may bring an individual action in small claims court.
(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.
A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California, for such purpose.
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We do not collect payment card information in connection with product purchases. Payment card information is processed by a third party vendor. You have no obligation to provide the Personal Information described above, but if you don’t provide such Personal Information, we may not be able to process your product order, set up an account, or send a newsletter to you. Please note that you have the right to opt out of receiving electronic direct marketing communications, such as newsletters, from us.
All electronic direct marketing communications that you may receive from us, such as emails and text messages (if any), give you an option of opting out of receiving such communications from us in the future.
When you communicate with us in and through the Website, e-mail us, or otherwise communicate with us, we collect the following identifiers that may, alone or in combination with other information, constitute Personal Information:
Contact information such as email address and a street address; and
Content of communications sent to us.
You have no obligation to provide the Personal Information described above, but if you don’t provide such Personal Information, we may not be able to respond to your communications to us.
When you use the “Contact” function on the Website, we collect the following identifiers that may, alone or in combination with other information, constitute Personal Information:
Contact information such as e-mail address; and
Content of communications sent to us.
You have no obligation to provide the Personal Information described above, but if you don’t provide such Personal Information, we may not be able to respond to your requests.
Software, such as pixel tags and cookies, used on the website collects Internet or other electronic network activity information that may, alone or in combination with other information, constitute Personal Information:
The domain from which you access the Website;
The type of browser and operating system used in the device you use to access the Website;
Internet Protocol (IP) address;
The date and time you visited the Website (time stamp);
The pages browsed on the Website;
The website used to link to the Website from;
Any search terms used to navigate the Website;
Products purchased and viewed on the Website;
A browsing session ID ; and
Whether you are a first time visitor to the Website.
By using cookies, Google Analytics collects and stores data such as time of visit, pages visited, time spent on each page of the Website, the Internet Protocol address, and the type of operating system used in the devices used to access the Website.
By using a browser plugin available at google.com/ads/preferences/plugin/, you can opt out of Google Analytics.
SOURCE OF PERSONAL INFORMATION
In the last 12 months, we have collected Personal Information from the following categories of sources:
You: When you voluntarily provide Personal Information to us;
Software: Information automatically collected via cookies, web logs, web beacons, and other software-based analytics tools.
To operate and improve our Website, including through analytics to help us understand how you use the Website, so that we can present content in the best manner;
To provide the products to you and administer your account with us;
To provide you with any information that you request from us;
To notify you about changes to the Website;
To enable us to issue a notice, administrative, or corrective action to you in relation to the Website, if required; To send you direct marketing messages that you have consented to receive;
To protect against, identify and prevent fraud and other unlawful activity, claims and other liabilities; To comply with applicable legal requirements, industry standards, and our own policies;
Where permitted by law, to provide you with information about other products and services we offer that are similar to those that you have already subscribed to or enquired about and we feel may interest you.
In the past twelve (12) months cookies set by third parties on our site may have tracked:
· Internet activity information
We use services providers such as website hosting and management companies, data storage and data analysis companies and marketing technology companies. Such service providers can only use Personal Information to provide such services to us and for no other purpose.
· Internet activity information
Parties to a corporate transaction or proceeding: In the event of a corporate sale, merger, reorganization, bankruptcy, dissolution or similar event, Personal Information may be part of the transferred assets.
PUBLIC AUTHORITIES AND LEGAL PROCEEDINGS
Ardan Michael Blum may disclose Personal Information about you to government or law enforcement officials or private parties as required by law, and disclose and use such information as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal process, such as to respond to subpoenas or requests from government authorities; (b) enforce the terms and conditions that govern the Website; (d) protect our rights, privacy, safety or property, and/or that of you or others; and (e) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Ardan Michael Blum, or any products utilizing such data, in violation of the United States export laws or regulations. Governing Law. These Terms and any action related thereto or to the Service will be governed by the laws of the State of California without regard to its conflict of laws provisions.
California Civil Code Section 1798.83 permits the users of the Website who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. You can also reach us by using our contact form and/or calling +1 650 427 9358. If you are a California resident you may also have the right: To request disclosure of the categories and specific pieces of Personal Information collected about you; To request the disclosure of the business purpose for collecting or selling Personal Information; the categories of third parties with whom it is shared, and the categories of sources from which Personal Information is collected; To request the deletion of Personal Information, subject to the limitations set forth in California Civil Code Section 1798.105(d); and Not to be discriminated against for exercising the rights guaranteed by California Civil Code Section 1798.100 et seq. For your general information here is an external site to visit:
For a list of categories of Personal Information collected and the purposes for the processing of that Personal Information, please refer to text above.
REQUESTS TO KNOW
You have the right to request that we disclose:
The categories of Personal Information we collect;
The categories of Personal Information we have sold or disclosed for a business purpose;
The categories of sources from which we collect Personal Information about you;
Our business or commercial purpose for selling or collecting Personal Information;
The categories of Personal Information sold or shared about you, as well as the categories of third parties to whom the Personal Information was sold, by category of Personal Information for each party to whom information was sold;
The specific pieces of Personal Information collected about you.
Delivery may take place electronically or by mail. We are not required to respond to requests relating to Personal Information more than twice in a 12-month period.
REQUESTS TO DELETE
With certain exceptions, you have the right to request that we delete any Personal Information we have collected about you. Upon receiving a verified request to delete Personal Information about you, we will do so unless otherwise authorized by law.
We will acknowledge the receipt of requests to know or requests to delete Personal Information free of charge, within ten (10) business days. In order to protect your privacy and the security of Personal Information, we may verify your request by asking you to provide additional Personal Information for us to verify your identity. We will respond to your request within 45 calendar days of receipt, provided that we have been able to successfully verify your identity.
You may submit a request to know or a request to delete Personal Information via email address for submitting requests.
SALE OF PERSONAL INFORMATION
In the last 12 months, we have not sold Personal Information collected in and through the Website or Personal Information relating to our customers. Consequently, we do not have an opt-out functionality on the Website.
THE RIGHT TO NON-DISCRIMINATION
You have a right not to receive discriminatory treatment for the exercise of your California privacy rights.
You may designate an authorized agent to make requests on your behalf. You must provide an authorized agent written permission to submit a request on your behalf, and we may require that you verify your identity directly with us. Alternatively, an authorized agent that has been provided power of attorney pursuant to Probate Code sections 4000-4465 may submit a request on your behalf.
LINKS TO OTHER WEBSITES
CHILDREN AND YOUNG ADULTS
The Website and the services are not intended for children under the age of 16. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 16 years of age. We do not intentionally collect, sell, or process the Personal Information of individuals under 16 years of age.
We take reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. Despite these efforts to store Personal Information collected on and through the Website and otherwise by us in a secure operating environment that is not available to the public, we cannot guarantee the security of Personal Information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of Personal Information, we cannot guarantee that our security measures will prevent third-parties such as so-called hackers from illegally obtaining access to Personal Information. We do not warrant or represent that Personal Information about you will be protected against, loss, misuse, or alteration by third parties.
DO NOT TRACK
California law requires us to let you know how we respond to web browser Do Not Track (“DNT”) signals. Because there currently isn’t an industry or legal standard for recognizing or honoring DNT signals, we don’t respond to them at this time.
If you have any questions or concerns please contact us via the following:
Ardan Michael Blum
345 Forest Avenue
94301, Palo Alto, California, USA.
Phone: +1 650 427 9358
You can also reach Ardan Michael by using this secure contact form.
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