Legal Matters
Note: We are aware that some users will get lost if we make bullet points, so we format certain key content as a single (paragraph-free) presentation. This is particularly important for users who have accessibility needs and come to this page using a screen reader or related technology.
You can contact us for a less compact version of this legal page which we will email to you as a PDF document. Contact information is found lower.
ACCESSIBILITY INFORMATION
We are actively working to ensure that our website is accessible to all, including individuals with disabilities. We strive to meet the Web Content Accessibility Guidelines (WCAG 2.0, Level AA), which explain how to make web content more user-friendly for people with disabilities. You can learn more about these guidelines at [link to WCAG guidelines: https://www.w3.org/WAI/standards-guidelines/wcag/].
We continuously monitor and improve our website to ensure it meets these guidelines. While we aim for full accessibility, some areas of our website may not yet fully conform to WCAG 2.0. We are committed to addressing these issues and are continually seeking solutions to improve overall web accessibility. If you have any feedback or encounter any accessibility barriers on our site, please don't hesitate to contact us. For example, let us know about page navigation issues, missing alt text, or any difficulties using assistive technologies.
To request accessibility support or provide feedback, please contact us:
Phone: +1 650 427-9358 (You can also text us at that number to request a call back, or leave a message on our answering machine).
Webmaster: Ardan Michael Blum (this link to a secure contact form).
Your feedback is valuable and will help us make our website better for everyone.
ONE PLACE FOR ALL LEGAL MATTERS
Our Privacy Policy, Disclaimer, Cookie Policy, TOS, and other legal terms are presented on this single scrolling page. The complex language required for such a broad range of legal topics necessitates some repetition of key concepts. (We have, however, endeavored to minimize this where possible to ensure clarity and conciseness).
Further: This legal page applies to this domain as a whole (includes all subdomains and documents stored as PDF or other format).
This page's content is protected by copyright. Unauthorized reproduction or distribution is prohibited.
This page was last updated on October 8th, 2024.
Acceptance of Terms
This Terms of Service Agreement (the "TOS") as well as the full content of this page are a legally binding agreement governing the relationship between Ardan Michael Blum, located at 345 Forest Avenue, Suite 204, Palo Alto, California 94301, and its subsidiaries and affiliates (collectively "we," "our," or "us"), and users ("you" or "your") of our Service. The Service includes our website (the "Website"), which provides content for informational purposes and may offer products (the "Products") in the future. By accessing or using this Website you agree to be bound by our legal terms
By using this Website, you accept the terms and conditions in these Terms of Service and the Privacy Policy Agreement. If you do not agree with our terms and conditions, please do not use our site(s). Your continued use of our website following the posting of any updates or changes to our terms and conditions means that you agree to and accept such changes. When using specific services or materials on or through the Service, you are also subject to any posted rules for those services or materials. These rules may include additional terms and conditions, operating rules, policies, and procedures. These additional terms may be found elsewhere on this legal page, within related content, in third-party legal agreements, or be provided in written form at a later time.
Further: In no event shall we or any of our team, staff, webmaster, officers, directors, licensors, employees, or agents be liable for any direct, indirect, punitive, special, incidental, consequential, or indirect loss, injury, or damages (including lost profits) arising out of or in connection with the use of this Website or its content, whether in contract, tort, strict liability, or otherwise.
We aim to ensure that the content on this Website is accurate and reliable. However, the Website may contain technical inaccuracies, typographical errors, or omissions. We are not responsible for any such inaccuracies, errors, or omissions, or for any product information or advertising. We make no representations or warranties of any kind about this Website, its content, or the results that may be obtained from using this Website. Further: We disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and title, and any warranties that the Website and its content will be uninterrupted, timely, secure, or error-free. We are not responsible for the correctness, accuracy, completeness, or reliability of this Website or any of its content. Information on our Website is not a guarantee, warranty, or prediction regarding the outcome of any past, present, or future events.
Intellectual Property
Unless otherwise noted, all content on this Website is protected by copyrights, trademarks, and/or other intellectual property laws. You may download, display, and print one copy of the materials on this Website for your personal, non-commercial use only. Any other use of content from this Website is prohibited.
Changes to the Service
We may make improvements and/or changes to the products, pricing, and/or programs described on this Website at any time without notice.
Additional Terms
You may also be subject to additional terms and conditions that apply when you use or purchase other Ardan Michael Blum Services, Affiliate Services, third-party content, or third-party software.
Dispute Resolution
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. They also limit the remedies available to you in the event of a dispute.
Binding Effect
These Terms set forth the legally binding terms and conditions that govern your use of the Service. By accessing or using the Service, you accept 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).
Access and Use
You must be at least eighteen (18) years old to use the Service. By accessing or using the Service, you affirm that you are at least eighteen (18) years old and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties as presented on this full page and to abide by and comply with them.
Related To Account Use
You are fully responsible for any fraudulent, unauthorized, or improper use of your account and password. We are entitled to rely on the authenticity and authority of all instructions received with your password and to act on those instructions.
Subject to respecting the terms on this page, we grant you a personal, non-exclusive, non-transferable, limited, and revocable right to access and use the Service solely over the internet for your personal purposes, as long as such use is lawful.
To purchase Products on the Service, you may need to create an account and meet other requirements in these Terms. When creating an account, you agree that all your account information is true, complete, and kept current.
Account Security
You are responsible for maintaining the confidentiality of your username and password and restricting access to your computers and mobile devices. You agree to access the Website from devices with up-to-date operating systems and security software. You will not allow anyone else to use your account, including in any way that violates these Terms. Each time your account is accessed with a valid password, we will consider that access authorized. We are not obligated to investigate the source of any access or use of the Service. You are responsible for all activities that occur under your account, including purchases, communications, transmissions, and any incurred obligations (including financial obligations), whether or not you authorized such access or use.
Termination
We may terminate your access to the Service and these Terms, without notice, if we believe you do not meet the eligibility requirements. If you do not meet these requirements, do not use the Service. Further: Ardan Michael Blum may change, pause, or stop the Service (or any part of it) at any time, with or without notifying you. You agree that Ardan Michael Blum is not responsible to you or anyone else if this happens.
Privacy
Please carefully review the full content of this page before using the Service. It explains how we handle personal information you submit when registering an account or that we collect about you.
Acceptable Use
As a condition of accessing the Service, you agree not to do the following, unless expressly authorized by these Terms or in writing by us:
Commercial Use: License, sell, rent, lease, transfer, assign, distribute, host, or commercially exploit the Service or any content on the Website.
Modification: Modify, create derivative works of, disassemble, reverse compile, or reverse engineer any part of the Website.
Competitive Use: Access the Website to build a similar or competitive website, product, or service.
Automated Access: Use automated devices (e.g., scripts, spiders, robots, data mining techniques) to download, store, reproduce, or distribute content from the Website or manipulate the Website.
Interference: Interfere with, interrupt, destroy, or limit the functionality of the Website.
Harmful Actions: Damage, disable, overburden, or impair our servers or networks, or interfere with others' use of the Website.
Unauthorized Access: Attempt to gain unauthorized access to the Website, other accounts, computer systems, or networks connected to our servers.
Improper Information Gathering: Obtain or attempt to obtain materials or information through unauthorized means.
Misuse of Information: Use information from the Website to transmit commercial, advertising, or promotional materials; harass, threaten, or invade the privacy of any individual or entity; or violate any law or regulation.
Prohibited Actions Include
Being in violation of any law or regulation.
Attempting identity theft, fraud, or taking action to cause harm or discriminate against anyone.
To violate intellectual property or other proprietary rights.
To engage in activities that are defamatory, obscene, offensive, or promote hatred.
To send unsolicited email, junk mail, or spam.
To impersonate or misrepresent your affiliation with anyone.
ASSIGNMENT, WAIVER AND SEVERABILITY
If a provision is found invalid and/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.
GOVERNING LAW
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.
DISPUTE RESOLUTION
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.
Product Descriptions
We may describe products on our Website, but we don't guarantee that these descriptions are completely accurate. Product images are meant to represent brands or types of products and might not show the exact details of what you receive. If you're unhappy with a product because it's different from how it was described, you can return it unused for a refund.
Links to Other Websites
The Website may contain links to other websites. We are not responsible for what happens on those sites, and they have their own terms and conditions. Be cautious and review their policies when you visit them.
Ownership
Ardan Michael Blum owns all rights to the Website and Service, including any intellectual property. If you give us feedback or suggestions, we can use them freely without any obligation to you. By using the Website, you agree to receive these Terms electronically. All agreements, notices, and other communications sent electronically meet any legal requirement for written communication. You agree that we can contact you about the Website using the information you provided. When you share any information, ideas, or materials with Ardan Michael Blum through the Website (we call this "Your Content"), you grant us permission to use it. This permission is permanent, worldwide, and allows us to use Your Content in any way we choose, without needing to notify, approve, or pay you. You promise that Your Content does not break any agreements you have, violate any laws, or infringe on anyone else's rights. You agree to defend Ardan Michael Blum and its team against any legal claims made by others related to your use of the Website or Your Content. This means you'll cover the costs and damages if someone sues us because of something you did or shared. You must get our written permission before agreeing to any settlement in these cases. We will, of course, notify you of such claims, allow you to control the defense, and cooperate with you in the process.
INFORMATION USE
When you create an account or order products, we collect your name, email, password, address, phone number, and mailing list preference. We do not collect payment card information; that is handled by a third-party vendor.
When you contact us or use the "Contact" function on the Website, we collect your name, contact information, and the content of your message.
We use cookies and similar technologies to collect information about how you use the Website. This includes your IP address, browser type, pages visited, and other browsing activity. Google Analytics or other third party tools may be used to gather and analyze this data.
How We Use Your Information
We use your information to:
Run and improve the Website
Provide products and manage your account
Respond to your requests
Send you notices about changes to the Website
Send you marketing messages (if you've agreed to receive them)
Prevent fraud and illegal activity
Comply with laws and regulations
Data Sharing
We may share your information with:
Service providers: Companies that help us with things like website hosting, data storage, and marketing.
Authorities and legal proceedings: If required by law or legal process.
Corporate transactions: In the event of a sale, merger, or similar event.
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.
GENERAL USE OF COOKIES AND OR TRACKING 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:
· Identifiers
· 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.
· Identifiers
· 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.
· Identifiers
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.
EXPORT
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.
PRIVACY
Data Protection Rights for EEA Residents
If you reside in the European Economic Area (EEA), you have certain data protection rights under the General Data Protection Regulation (GDPR). You can learn more about the GDPR here: [link to GDPR information: https://gdpr.eu/what-is-gdpr/]. The legal basis for our collection and use of your personal information depends on the specific data we collect and the context in which we collect it. We may process your personal data for the following reasons:
To perform a contract with you
With your permission
When the processing is in our legitimate interests and not overridden by your rights
For payment processing purposes
To comply with the law
We take reasonable steps to allow you to correct, delete, amend, or limit the use of your personal data. If you wish to know what personal data we hold about you and if you want it to be removed from our systems, please contact us using the information at the bottom of this page.
You have the following data protection rights:
Right to access, update, or delete: You can access, update, or request the deletion of your personal information.
Right to rectification: You can request that we correct any inaccurate or incomplete information we hold about you.
Right to object: You can object to our processing of your personal data.
Right to restriction: You can request that we restrict the processing of your personal information.
Right to data portability: You can request a copy of your personal data in a structured, machine-readable, and commonly used format.
Right to withdraw consent: You can withdraw your consent at any time if we rely on it to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
Right to Complain
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).
CALIFORNIA LAW
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.
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. Further: 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. Further: 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. We repeat: You can make requests to know or delete your information by contacting us.
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.
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.
Further: 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.
You have a right not to receive discriminatory treatment for the exercise of your California privacy rights. For your general information here is an external site to visit: https://oag.ca.gov/privacy/ccpa
CONTACT
Ardan Michael Blum
345 Forest Avenue
Suite 204
94301, Palo Alto, California, USA.
Phone: +1 650 427 9358
You can also reach Ardan Michael by using this secure contact form.
© Ardan Michael Blum 2024