Terms of Use

Welcome to www.blumcenterforhealth.com (the “Blum Center Site”), the site of the Blum Center for Health Education, LLC (the “Center” or “we”).

Certain Definitions. In these Terms of Use:

The term “Onsite Class” means a class that you take at the Center.
The term “Online Educational Consultation” means a personalized online or telephone educational consultation that will not result in any diagnosis, treatment, or treatment recommendation by the Center.
The term “Online Coaching Program” means a program that is offered through blumhealthmd.com.
The term “Service” means any service or activity, including Onsite Classes and Online Educational Consultations, that you Use (as defined below) on or through the Blum Center Site.
The term “Supplement” means a vitamin or other bottled or packaged healthcare product.
The term “Use” means to access, read, buy, experience, participate in, or make arrangements for.

General. On the Blum Center Site, among other things, you can find out how to arrange for a clinical visit/medical consultation at the Center, sign up for BlumKitchen™ cooking and mind/body/spirit Onsite Classes, obtain access to Online Educational Consultations provided by our faculty, link to Online Coaching Programs and blogs, and buy Supplements. Some of these Services are offered through our storefront at mindbodyonline.com, while our online coaching programs and blogs are offered on our affiliated site at www.blumhealthmd.com. In each case, when you click on a link for one of those services, you will be redirected to one of those two sites.

Binding Agreement. These terms of Use (the “Terms of Use”) contain the complete terms and conditions that apply to your Use of the Blum Center Site and any Supplement or other product or any Service that you Use through the Blum Center Site. These Terms of Use are a legally binding agreement between you and the Center. The Terms of Use will remain in full force and effect as long as you Use the Blum Center Site, such Supplement, other product, and/or any such Service. If you are redirected to mindbodyonline.com, your Use of Supplements or other products and Services that you Use through the Blum Center Site will still be governed by these Terms of Use. If you are redirected to www.blumhealthmd.com, your activities there will be governed by that site’s terms of use.

Intellectual Property. The Center and/or Dr. Blum own(s) the copyright in all content on the Blum Center Site other than content that is identified as having been written by a third party (“Blum Center Site Content”), all trademark rights in the names Blum Center for Health, BlumHealthMD™, and all other trademarks and service marks that are used on the Blum Center Site, and all patent rights in the Blum Center Site (all together, for purposes of these Terms of Use, “Blum Center Intellectual Property”). While we hope that you will download Blum Center Site Content for your personal purposes, you may not copy, display or distribute copies of any Blum Center Intellectual Property for any commercial purpose. Third parties whose products are mentioned on the Blum Center Site and whose products are sold through the Blum Center Site own their respective copyrights, trademarks and other proprietary and personal rights. Third parties whose articles appear on the Blum Center Site own the copyrights in those articles.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

Onsite Classes. WE DISCLAIM ANY WARRANTY THAT ANY ONSITE CLASS WILL PRODUCE ANY PARTICULAR RESULT OR LEVEL OF SKILL. NEITHER THE CENTER NOR DR. BLUM NOR ANY EMPLOYEE OF THE CENTER IS RESPONSIBLE FOR THE SAFEKEEPING OF YOUR PERSONAL BELONGINGS WHILE YOU ARE IN AN ONSITE CLASS.
Supplements. The Supplements we offer include individual vitamins, and other products designed to support your health, such as herbal supplements, digestive and/or other enzymes, and/or other nutrients. Different Supplements have different effects on different people. Any herbal supplement, including any Supplement, may cause side effects such as stomach upset, nausea and diarrhea, even if you take it according to the directions on the package. Some people are particularly sensitive to certain Supplements. Certain Supplements may adversely affect the effectiveness of birth-control pills. Some Supplements may not have any negative impact on you, but they may not relieve any symptoms that may be bothering you. YOU SHOULD CONSULT YOUR OWN PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL BEFORE TAKING ANY SUPPLEMENT. A meal prepared from a particular recipe in our cookbook also may not agree with you.
Guides. The Center produces/co-produces and sells health, diet and other guides (collectively “Guides”). We sell these Guides because we think they can be helpful, but NO GUIDE IS INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. THE CENTER AND DR. BLUM AND THEIR AFFILIATES, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES SPECIFICALLY EXPRESSLY DISCLAIM ANY WARRANTY THAT ANY PARTICULAR GUIDE IS APPROPRIATE FOR YOU, THAT YOU WILL BE ABLE TO FOLLOW THE DIRECTIONS OR PERFORM THE EXERCISES THAT IT PRESCRIBES, THAT YOU WILL NOT INJURE YOURSELF USING SUCH GUIDE, OR THAT YOU WILL BENEFIT FROM FOLLOWING SUCH DIRECTIONS OR PERFORMING SUCH EXERCISES.
Online Educational Consultations. Our Online Educational Consultations are informational only. An Online Educational Consultation is not a substitute for a live clinical appointment with your own doctor or other licensed medical professional and it does not constitute the provision of medical advice. ASKING FOR OR ENGAGING IN ANY ONLINE EDUCATIONAL CONSULTATION WILL NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND DR. BLUM, THE PERSON WHO IS PROVIDING THE ONLINE EDUCATIONAL CONSULTATION(S), OR ANY OTHER HEALTH-CARE PROFESSIONAL AT THE BLUM CENTER. WHOEVER PROVIDES YOUR HEALTH EDUCATION CONSULTATION WILL PROVIDE EDUCATIONAL INFORMATION ONLY AND WILL NOT DIAGNOSE OR TREAT OR RECOMMEND TREATMENT FOR ANY SPECIFIC MEDICAL OR HEALTH CONDITION YOU MAY HAVE.
No Doctor-Patient Relationship. YOUR USE OF THE BLUM CENTER SITE OR ANY SERVICE OR SUPPLEMENT THAT YOU MAY USE (AS DEFINED IN SECTION 1 ABOVE) THROUGH THE BLUM CENTER SITE AND/OR YOUR PARTICIPATION IN ANY SERVICE OFFERED THROUGH THE BLUM CENTER SITE, INCLUDING ANY ONLINE EDUCATIONAL CONSULTATION, WILL NOT CREATE A PHYSICIAN-PATIENT RELA-TIONSHIP BETWEEN YOU AND DR. BLUM OR ANY OF THE OTHER HEALTHCARE PROFESSIONALS WHO PROVIDE SERVICES AT THE CENTER.
Limitation on Disclaimers of Warranty. Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Privacy. For our privacy policy, click here >>> Blum Center Privacy Policy.

Cancellation and Refunds

Onsite Classes. To receive a refund for any Onsite Class, you must cancel at least two business days in advance. If you find out less than two business days before an Onsite Class that you will not be able to attend a BlumKitchen™ cooking class or a MindBodySpirit meditation class, you may send someone in your place. You may not send someone else to any MindBodySpirit Group Series class.
Online Educational Consultations. To receive a refund for any Online Educational Consultation, you must cancel at least five days in advance. This means that if you want to cancel an Online Educational Consultation that is scheduled on a Monday, you must cancel by the end of the day on the previous Monday.

Shipping, Returns, and Refunds

Shipping Generally. All shipping is done via UPS from our office in Rye Brook, New York. We ship to addresses in the United States only except for Hawaii. We do not ship to APO addresses and P.O. Boxes. All packages are shipped through UPS. You will receive your purchased items within seven business days from the date on which your order is processed. Orders are typically processed within 24 hours of the time you place your order. Orders placed after 12:00pm on Friday will be processed the following Monday.
Shipping Fees. If you are placing a regular order in the continental United States, you will be charged the calculated shipping fee according to the destination.
UPS Delivery Policies. All shipping is subject to UPS’s terms and conditions.
Returns. You may return any unopened product within 14 (fourteen) days of receipt for a full refund, except for printed materials, which you may not return because they are digital and therefore can be used or copied and then returned. If you purchase a program which comes with printed materials which you have already received prior to your return, you will be refunded less the cost of the digital printed material. If you are returning something because we sent you the wrong item, we will pay the shipping costs. If you are returning something for any other reason, you must pay for shipping and you may be required to pay a restocking fee. To initiate a return, email us at info@blumcenterforhealth.com for a return authorization number. Please include your name or the name of the recipient, the order number and date of purchase, all of which can be found on the sales receipt/packing list enclosed in the box. We will contact you with instructions on how to complete the return or exchange in the form of a return authorization which will include shipping information.

Representations and Warranties. You represent and warrant that you have the right, authority, and capacity to enter into and abide by these Terms of Use.

Indemnity. You will indemnify and hold harmless the Center, Dr. Blum, and their affiliates, partners, directors, employees, agents and representatives from any loss, liability, claim, demand, fees, and expenses, including reasonable attorney’s fees (collectively, “Claims“) made by any third party (which means anyone other than you) due to or arising out of your Use of the Blum Center Site, including, without limitation, any Claim arising from your providing any third party with any Supplements or other products that you have bought through the Blum Center Site.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE CENTER OR DR. BLUM OR ANY OF THEIR AFFILIATES, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (1) ANY ASPECT OF YOUR USE (AS DEFINED IN SECTION 1 ABOVE) OF THE BLUM CENTER SITE, ANY GUIDE OR OTHER WRITTEN MATERIAL, ANY SUPPLEMENT, OR YOUR PARTICIPATION IN ANY SERVICE, OR YOUR USE (AS DEFINED IN SECTION 1 ABOVE) OF IN ANYTHING ELSE THAT YOU MAY USE (AS DEFINED IN SECTION 1 ABOVE) THROUGH THE BLUM CENTER SITE, (2) THE FAILURE OF ANY ONSITE ACTIVITY, ONLINE EDUCATIONAL CONSULTATION OR ANY OTHER SERVICE, OR ANY SUPPLEMENT, THAT YOU MAY USE (AS DEFINED IN SECTION 1 ABOVE) THROUGH THE BLUM CENTER SITE, TO HAVE ANY DESIRED EFFECT OR PRODUCE ANY PARTICULAR RESULT, OR (3) YOUR INABILITY TO ACCESS, OPERATE OR NAVIGATE THE BLUM CENTER SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BLUM CENTER SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.

Governing Law, Jurisdiction, and Time Limit on Claims. You agree that (i) the Blum Center Site shall be deemed solely based in New York; and (ii) the Blum Center Site shall be deemed a passive Blum Center Site that does not give rise to personal jurisdiction over the Center or Dr. Blum, either specific or general, in jurisdictions other than New York. If you have any dispute with the Center or Dr. Blum that is not barred by the Terms of Use, the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You hereby submit to personal jurisdiction by and venue in the state and federal courts of White Plains, New York. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of the Blum Center Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.

Additional Terms. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of the Terms of Use invalid, the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use will remain in full force and effect.

Most Recent Changes. These Terms of Use were last changed on March 20, 2018.