Last updated: 2026
By accessing or using Blooming Brands Inc.'s services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.
Blooming Brands Inc. provides the following services:
Payment terms are as follows: 50% deposit required to begin work, with the remaining 50% due upon project completion. Additional services and revisions beyond the agreed scope may incur additional fees.
Upon full payment, you will own the rights to the final website design and content. Blooming Brands Inc. retains the right to display the work in our portfolio unless otherwise agreed in writing.
To the maximum extent permitted by law, the total aggregate liability of Blooming Brands Inc., its officers, directors, employees, and contractors, arising out of or relating to these Terms or your use of our services, shall not exceed the greater of (a) the total amount you paid us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred US dollars ($100).
Blooming Brands Inc. shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including without limitation lost profits, lost revenue, lost business opportunities, loss of goodwill, loss or corruption of data, or business interruption, even if we have been advised of the possibility of such damages. This limitation applies regardless of the legal theory on which a claim is based, whether contract, warranty, tort, negligence, strict liability, or otherwise.
Nothing in these Terms excludes or limits our liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, death or personal injury caused by our negligence, or any other liability that cannot be excluded or limited under applicable law. Because some jurisdictions do not allow the exclusion or limitation of certain damages, some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless Blooming Brands Inc., its officers, directors, employees, contractors, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of our services; (b) your violation of these Terms or of any applicable law; (c) your infringement of any intellectual property, privacy, or other right of a third party; (d) any content, materials, data, or instructions you provide to us; or (e) any dispute between you and a third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
Our services and any deliverables are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, we disclaim all implied warranties, including the warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that our services, or any website, application, or system we build or host, will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that any particular search ranking, traffic level, conversion rate, revenue, or other business result will be achieved. You are responsible for maintaining your own backups of your data and content.
These Terms are governed by the laws of the Commonwealth of Massachusetts, USA, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall take place in Middlesex County, Massachusetts, before a single arbitrator, and judgment on the award may be entered in any court of competent jurisdiction. You and Blooming Brands Inc. each agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
Either party may instead bring an individual action in small claims court. You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms; opting out will not affect any other part of these Terms. If the class action waiver is found unenforceable, this arbitration agreement shall be void in its entirety, and disputes shall be resolved exclusively in the state or federal courts located in Middlesex County, Massachusetts, to whose jurisdiction both parties consent.
These Terms may be made available in several languages for your convenience. The English-language version is the authoritative and legally binding version. In the event of any conflict, inconsistency, or difference of interpretation between the English version and any translation, the English version controls.
For questions regarding these Terms of Service, please contact us at:
Email: [email protected]
Phone: +1-888-898-8008
Blooming Brands Inc., 303 Pawtucket Blvd, Lowell, MA 01854, USA
We are a creative web design and online marketing agency serving Greater Boston, Massachusetts, crafting stunning designs that captivate audiences and convert leads.
Licensed & insured · Blooming Brands Inc., Lowell, MA · Certificate of Insurance on request