Terms of Service

Welcome to Blooming Financial ("Blooming Financial," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, content, and features (collectively, the "Site"). By using the Site, you agree to these Terms. If you do not agree, do not use the Site.

1. Who We Are & Scope

Blooming Financial provides bookkeeping, payroll, tax preparation, and related consulting services to individuals and small businesses. The Site is a general-information and marketing website only. Any professional services we provide are governed by a separate written engagement letter signed by you and us (the "Engagement Agreement"). If these Terms conflict with an Engagement Agreement, the Engagement Agreement controls for the covered services.

2. No Professional Advice; No Client Relationship via the Site

Information on the Site (including blogs, FAQs, resources, and emails exchanged before engagement) is for general informational purposes only and is not tax, legal, accounting, or other professional advice. Your use of the Site and contacting us through forms or email does not create a client relationship. Do not send sensitive information through basic website forms; we will provide secure channels once engaged.

3. Eligibility & Electronic Communications

You must be at least 18 to use the Site. By submitting forms, you consent to receive communications from us electronically (email, phone, or SMS). You may opt out of marketing communications at any time; transactional messages may still be sent.

4. Acceptable Use

You agree not to (and will not allow others to): (a) violate laws or rights of others; (b) upload or transmit malware or harmful code; (c) attempt to gain unauthorized access to the Site or related systems; (d) scrape, crawl, or use automated means to access the Site without our prior written consent; (e) interfere with or disrupt the Site’s operation; (f) misrepresent your identity or affiliation; or (g) use the Site to transmit unsolicited commercial communications.

5. User Submissions & Feedback

Content you submit through forms must be accurate and lawful. You grant us a non-exclusive, royalty-free license to use submissions to respond to your inquiry and provide services. If you provide ideas or feedback, you grant us a perpetual, worldwide, royalty-free license to use them without restriction or compensation.

6. Intellectual Property; Limited License

The Site, including text, graphics, logos, and design, is owned by Blooming Financial or our licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable license to access and use the Site for your personal or internal business purposes. You may not copy, modify, distribute, create derivative works, publicly display, or exploit the Site except as expressly permitted by these Terms or applicable law. All trademarks are the property of their respective owners.

7. Third-Party Links & Services

The Site may link to or embed third-party services (e.g., Yelp, Instagram, Google Maps). Those services are governed by their own terms and privacy policies, and we are not responsible for them.

8. Consultations, Quotes & Engagements

Scheduling a consultation or receiving a quote does not obligate either party to proceed. Any services, fees, deliverables, timeframes, confidentiality obligations, and data-handling details will be specified in an Engagement Agreement. Estimates are not guarantees. We may decline or terminate a prospective engagement at our discretion consistent with applicable ethics rules.

9. Privacy

Your use of the Site is also subject to our Privacy Policy. For tax and certain financial services, laws such as the Gramm-Leach-Bliley Act (GLBA) and Internal Revenue Code §7216 may apply once you become a client.

10. Disclaimers

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLOOMING FINANCIAL AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SITE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS YOU PAID US FOR ACCESSING THE SITE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (IF ANY).

12. Indemnification

You agree to defend, indemnify, and hold harmless Blooming Financial and our officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site or violation of these Terms.

13. Copyright/DMCA

If you believe materials on the Site infringe your copyright, please email info@bloomingfinancials.com with: (a) a description of the copyrighted work; (b) the URL/location of the allegedly infringing material; (c) your contact information; (d) a statement of good-faith belief; and (e) a statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

14. Governing Law; Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. You and we agree to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California, for any dispute not subject to arbitration, and you waive any objection to such jurisdiction or venue.

15. Arbitration & Class Action Waiver (Optional)

Optional: Either party may elect to resolve any dispute arising from or relating to these Terms or the Site by binding arbitration administered by JAMS under its applicable rules. If arbitration is elected, disputes will be heard by a single arbitrator in Santa Clara County, California. You and we agree to bring claims only in our individual capacities and not as a plaintiff or class member in any purported class or representative proceeding. Small-claims matters may be brought in small-claims court.

16. Termination

We may suspend or terminate your access to the Site at any time with or without notice if we believe you have violated these Terms or to protect the Site or other users. Upon termination, provisions that by their nature should survive (e.g., intellectual property, disclaimers, limitations of liability, and indemnity) will survive.

17. Changes to the Site or Terms

We may update the Site and these Terms from time to time. When we update the Terms, we will revise the "Effective Date" above and post the updated Terms here. Your continued use of the Site after changes become effective constitutes acceptance of the revised Terms.

18. Miscellaneous

• Severability: If any provision is held invalid, the remaining provisions remain in effect.
• Waiver: A failure to enforce a provision is not a waiver.
• Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Entire Agreement: These Terms constitute our entire agreement regarding Site use and supersede prior or contemporaneous understandings on that subject.

19. Contact

Questions about these Terms? Contact us: