Terms of service
GENERAL INFORMATION
Welcome to BM! The terms “we,” “us,” and “our” refer to BM. BM operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). BM is powered by Shopify, which enables us to provide the Services.
The following terms and conditions, together with any policies referenced in this document (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and address matters such as warranties, disclaimers, and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNTS
By agreeing to these Terms of Service, you represent that you are at least the legal age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide through our store is accurate, current, and complete and that you have all necessary rights to provide that information.
You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services accurately in our online store. However, please note that a product’s colors or appearance may differ from how they appear on your screen because of the type and settings of the device you use to access the store.
We do not warrant that the appearance or quality of any product or service you purchase will meet your expectations or be identical to how it is displayed or presented in our online stores.
All product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We may also limit the quantities of any product offered to any person, geographic region, or jurisdiction on an individual basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. BM reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will not be accepted until BM confirms its acceptance. We must receive and process your payment before accepting your order.
You must review your order carefully before completing your purchase, as BM may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept an order, or if we change or cancel an order, we will attempt to notify you using the email address, billing address, or telephone number provided when the order was placed.
You may return or exchange your purchase only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchase is for personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be stated in the order confirmation sent to you by email. Unless expressly stated otherwise, published prices do not include taxes, shipping or handling charges, customs duties, or import fees.
Prices displayed in our online stores may differ from prices offered in a physical store, another online store, or other stores operated by third parties. From time to time, we may offer promotions through the Services that affect pricing and are governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion’s terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as necessary.
You represent and warrant that: (i) the credit card information you provide is true, accurate, and complete; (ii) you are duly authorized to use that credit card for the purchase; (iii) the charges you incur will be honored by your credit card issuer; and (iv) you will pay all charges incurred at the published prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We will not be responsible for delays caused by the carrier, customs procedures, or events beyond our control. Once we transfer the products to the carrier, title to the products and the risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by BM, its affiliates, or its licensors and are protected by United States and foreign patent, copyright, and other intellectual property laws.
These Terms allow you to use the Services solely for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Except as expressly provided in this document, nothing in these Terms grants or shall be interpreted as granting you a license or other right under any patent, trademark, copyright, or other intellectual property belonging to BM, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. BM reserves all rights not expressly granted in these Terms.
BM’s names, logos, product and service names, designs, and slogans are trademarks of BM or its affiliates or licensors. You must not use these trademarks without BM’s prior written permission. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing through the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
As part of the Services, you may be provided access to customer tools offered by third parties that we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to these tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms under which the relevant third-party providers supply those tools.
In the future, we may also offer new features through the Services, including new tools and resources. These new features will also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including functionality embedded by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you leave the Services to access third-party materials or websites, you do so at your own risk.
We will not be responsible for any harm or damage related to your access to a third-party website or your purchase or use of any products, services, resources, or content available through a third-party website. Please carefully review the third party’s policies and practices and ensure that you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding third-party products and services must be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes Shopify’s relationship with your store and must not be removed or modified.]
BM is powered by Shopify, which enables us to provide the Services to you. However, any purchase or sale made through our store is conducted directly with BM.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and BM, including any injury, damage, or loss resulting from the purchase of products or services. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchase and transaction with BM.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy.
Because Shopify hosts the Services, Shopify collects and processes personal information about your access to and use of the Services to provide and improve our Services. Information you submit through the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than the country in which you reside, for the purpose of providing the Services.
Please review our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium and for any purpose, including commercial purposes.
For example, we may exercise our rights under this license to operate, provide, evaluate, improve, optimize, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that: (i) you own or possess all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms.
We have and shall have no obligation to: (1) maintain the confidentiality of your Feedback; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or in violation of any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material or any computer virus or other malware that could affect the operation of the Services or any related website.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties about the origin of any Feedback. You are solely responsible for the Feedback you submit and its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, or state regulation, rule, or law, or any local ordinance;
(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise harm any of our employees or any other person;
(e) to transmit false or misleading information;
(f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms;
(g) to transmit or arrange for the transmission of advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any similar solicitation;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in any conduct that restricts or inhibits another person’s use or enjoyment of the Services or that, as determined by us, may harm BM, Shopify, or users of the Services or expose them to liability.
You further agree not to:
(a) upload or transmit viruses or any other type of malicious code that is or may be used in any manner that affects the functionality or operation of the Services;
(b) reproduce, duplicate, copy, scrape, sell, resell, or exploit any part of the Services;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, or pretext through the Services;
(e) use any robot, spider, scraper, data-gathering or extraction tool, device, automated process, artificial intelligence tool, including agentic AI, or other automated or manual means to access the Services; or
(f) interfere with, circumvent, or bypass security or authorization features, robot-exclusion headers, or other measures we employ to restrict whether and how agents access, use, or interact with the Services.
We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1 This section (the “Agent Terms”) applies if you use, permit, enable, or cause the deployment of an Agent to access, use, or interact with any Service. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the direction of a person or entity and that may operate on the person’s behalf or through the person’s device without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates at all times in strict compliance with the requirements in Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.
14.3 We may limit, including by applying technical measures, whether and how any Agent accesses, uses, or interacts with the Services.
14.4 Agents must:
(i) identify, in every HTTP or HTTPS request, that the request originates from an Agent and disclose the Agent’s name by including the following in the request’s user-agent field: “Agent/[agent name]”;
(ii) not conceal or create confusion about whether access, use, or interaction originates from an Agent, including by (a) imitating human behavior or interaction patterns or (b) completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from human use;
(iii) answer truthfully any question or instruction intended to determine whether an interaction originates from a human or a computer; and
(iv) not circumvent or otherwise evade any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion at any time and without prior notice. You will remain responsible for all amounts due up to and including the termination date.
The following sections shall survive termination: Intellectual Property; Feedback; Termination; Disclaimer of Warranties; Limitation of Liability; Indemnification; Severability; Waiver; Entire Agreement; Assignment; Governing Law; Privacy Policy; and any other provisions that, by their nature, should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information.
Any reliance you place on this information is strictly at your own risk. We disclaim all
liability arising from reliance placed on these materials by you, any other visitor to the Services, or anyone who may be informed of their contents.
UNLESS EXPRESSLY STATED OTHERWISE BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES AND THEIR RESPECTIVE PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY SERVICE OR ANY PRODUCT PURCHASED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT.
THIS ALSO INCLUDES, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless BM, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including attorneys’ fees, payable to any third party because of or arising from:
(1) your breach of these Terms of Service or the documents incorporated by reference;
(2) your violation of any law or third-party right; or
(3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced by that failure.
We may control the defense and settlement of the claim at your expense, including the selection of legal counsel. However, we will not settle any claim that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 19 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be considered severed from these Terms of Service, and that determination shall not affect the validity or enforceability of the remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or regarding the Services constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any previous version of these Terms of Service.
Any ambiguity in the interpretation of these Terms of Service shall not be interpreted against the party that drafted them.
SECTION 21 – ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted delegation, transfer, or assignment will be null and void.
We may transfer, assign, or delegate these Terms and our rights and obligations without obtaining your consent or notifying you.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreement through which we provide you with Services shall be governed by and interpreted in accordance with the laws applicable in the jurisdiction where BM is headquartered.
You and BM consent to the personal jurisdiction and venue of the federal, state, or territorial courts located in that jurisdiction.
SECTION 23 – HEADINGS
The headings used in this agreement are included solely for convenience and will not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO THE TERMS OF SERVICE
You may review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website.
You are responsible for checking our website periodically for changes. We will notify you of any material changes to these Terms as required by applicable law, and those changes will take effect on the date specified in the notice.
Your continued use of or access to the Services after changes to these Terms of Service have been posted constitutes your acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions regarding these Terms of Service should be sent to shopbloomio22@gmail.com.
Our contact information is provided below:
GOLDEN PAO LLC
1209 Mountain Road Pl NE, Ste N
Albuquerque, NM 87110
United States
Telephone: +1 (505) 578-5971