Terms & Conditions
Welcome to Wonderwise
Wonderwise is a product by the company Bloom Digital, Inc. DBA Wonderwise, a Delaware corporation (“Bloom Digital Inc,” “Wonderwise”, “we,” “our,” “us”), operates the website located at the URL www.wonderwise.co (together with any other website or applications branded as Wonderwise. These Terms of Use “Terms”) govern your access and use of the Website, along with our related websites, mobile applications, SMS and Chat services, and other services (collectively, the “Properties”). These Terms are a legally binding contract between you and Wonderwise regarding your use of the Properties. These Terms of Use are also incorporated by reference into our Privacy Policy.
These terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Acceptance of these Terms of Use
By creating an account, logging into your account, or by browsing, downloading, installing, or otherwise accessing or using the properties, you represent that you have read, understood and agree to be bound by these terms, as updated from time to time. If you do not agree to these terms, or to any changes we may subsequently make to these terms of use, then you do not have our permission to use the properties and you must immediately stop accessing the properties.
Your access to and use of the Properties are subject to your continued compliance with these Terms and all applicable laws. Your right to access and use the Properties will terminate immediately, without any further action by Wonderwise, if you breach these Terms.
Modification and Changes to Terms
We reserve the right, in our sole discretion, to modify or update these Terms at any time for any reason, with or without prior notice to you, and any such changes to these Terms will supersede and replace any previous Terms effective immediately upon posting to this page. It is your responsibility to periodically review these Terms as posted here for any changes. Your continued use of the Properties after the posting of changes to these Terms will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Properties if you do not agree with any changes to these Terms.
Disclaimers
You understand that products offered or recommended by Wonderwise may contain materials that could be dangerous if handled improperly, and you acknowledge that Wonderwise is not liable for any personal injury or property damage arising from any misuse of any products offered or recommended through the Properties. You further acknowledge that products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any products. You hereby agree not use products for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.
Under California Civil Code Section 1789.3, California users of the Properties receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
Medical, Nutrition and Fitness Information
You expressly acknowledge and agree that all medical, nutrition and fitness information provided on the properties, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by wonderwise or by other users or third parties, is provided for informational purposes only and is not intended to be and should not be used in place of (i) the advice of your physician or other medical professionals, (ii) a visit, call or consultation with your physician or other medical professionals, or (iii) information contained on or in any product packaging or label. Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the properties. Information and statements regarding dietary supplements have not been evaluated by the food and drug administration and are not intended to diagnose, treat, cure or prevent any disease. Should you have any health-related questions, please call or see your physician or other healthcare provider promptly. Should you have an emergency, call your physician or 911 immediately.
You should never disregard medical advice or delay in seeking medical advice because of any content presented on or via the properties and you should not use the properties or any content available through or via the properties for diagnosing or treating a health problem. The transmission and receipt of any content, in whole or in part, or communication via the internet, e-mail, sms or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and wonderwise, its affiliates or any third party.
The properties may periodically provide information concerning fitness and athletic activities. You expressly acknowledge and agree that such activities carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by our action, inaction or negligence or by the action, inaction or negligence of others. Wonderwise strongly recommends that you consult with your physician or other healthcare provider before beginning any new fitness program or engaging in any new athletic activities.
Advertisements, Searches, and Links to Other Sites
Wonderwise may provide links to third-party web sites. Wonderwise does not recommend and does not endorse the content on any third-party websites. Wonderwise is not responsible for the content of linked third-party sites, sites framed within the Wonderwise Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Wonderwise does not endorse any product, service, or treatment advertised on the Wonderwise Site. For more information, read our Advertising Disclosure.
Limitations on Liability
The providers whose third-party products and services are available on the properties are independent contractors and not agents or employees of wonderwise. Wonderwise is not liable for the acts, errors, omissions, representations, warratnies, breaches or negligence of any such providers or for any personal injuries, death, property damage or other damage or expenses resulting, directly or indirectly, from such products and/or services.
Except for a breach of these terms of use by you (such as, for example, a commercial use of the properties in violation of these terms of use), a violation of intellectual property rights or indemnification obligations or with respect to products or services that we provide to a specific consumer for a fee which shall be governed by its own contractual terms, to the maximum extent permitted by applicable law, in no event shall you or wonderwise and/or its affiliates, licensors, licensees, successors or assigns be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, or any damages whatsoever, including, without limitation, damages for loss of use, data, goodwill or profits, arising out of or in any way connected with the use or performance of the properties, the delay or inability to use the properties, the provision of or failure to provide services and/or functionality of the properties, or for any content, products or services obtained or purchased through the properties, or otherwise arising out of the use of the properties, whether based on contract, tort, negligence, strict liability or otherwise, even if wonderwise and/or any of its affiliates, licensors, licensees, successors or assigns has been advised of the possibility of such damages. In states and jurisdictions in which limitations of liability for consequential or incidental damages are prohibited, such limitations shall apply to the fullest extent permitted. If you are dissatisfied with any portion of the properties or with any of these terms of use, your sole and exclusive remedy is to discontinue using the properties. Except for a breach of these terms of use by you (such as, for example, a commercial use of the properties in violation of these terms of use), violation of intellectual property rights or indemnification obligations or with respect to products or services that we provide to a specific consumer for a fee which shall be governed by its own contractual terms, to the maximum extent permitted by applicable law, in no event shall your or our total liability for all damages, losses or causes of action, whether in contract, tort (including negligence) or otherwise exceed the amount paid by you to us, if any, for accessing or participating in any activity related to use of the properties or $50 (whichever is less).
Under no circumstances will wonderwise and/or any of its affiliates, licensors, licensees, successors or assigns be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the properties, your data or your account or the information contained therein. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, rule, regulation, legal process or governmental request. You waive and hold harmless wonderwise and its affiliates, licensors, licensees, successors and assigns from any claims resulting from any action relating to your account or taken as a result of any such disclosure. Wonderwise makes no representation that the properties is appropriate or available for use at locations outside of the united states. Access to the properties from territories where such services are illegal is strictly prohibited. If you access the properties from a location outside of the united states, you are solely responsible for compliance with all local and other applicable laws.
Waiver and Severability
No waiver by Wonderwise of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of Wonderwise to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
Entire Agreement
These Terms and the other agreements referred to herein constitute the sole and entire agreement between you and Wonderwise with respect to the Properties and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Properties.
It is our goal to provide you with a first-class user experience, so if you have any questions or comments about these Terms, please feel free to contact our Customer Experience team here or write to us at:
Bloom Digital Inc DBA Wonderwise
Attn: General Counsel
110 Greene St, #1202, New York, NY 10012