TERMS OF SERVICE

Welcome to New Bloom Labs. These Terms of Service govern your access to and use of our website, products, and services. By accessing or using any part of our services, you agree to be bound by these terms. We strive to maintain transparency, fairness, and clarity in all our business dealings, ensuring that both you, our valued customer, and New Bloom Labs understand the rights and obligations that arise from using our services.

These terms are designed to provide a clear framework for our relationship, ensuring that all interactions are conducted with mutual respect and in accordance with applicable laws. Please take the time to carefully read and understand these terms, as they outline the expectations, responsibilities, and limitations between you and New Bloom Labs.

Should you have any questions or need further clarification, we encourage you to reach out to us. Thank you for choosing New Bloom Labs, and we look forward to working with you.

PRODUCTS AND SERVICES

Sample Transport

Samples may be submitted to New Bloom Labs for testing via third party logistics carriers such as United States Postal Service, FedEx, and UPS, or on-site sample drop-off. Regular business hours are Monday - Friday, 9am - 5pm. New Bloom Labs may be closed for holidays, inclement weather, or for other business purposes, and makes no guarantee of availability to receive samples. It is the sole responsibility of the Client to ensure legally compliant transport and delivery of testing samples.

Laboratory Submission

Testing samples must accompany any and all documentation as required by applicable legal jurisdictions, as well as a New Bloom Labs Sample Submission Form. In the absence of a Sample Submission Form upon sample receipt, New Bloom Labs may contact Clients to complete Sample Submission Forms telephonically. Client agrees that telephonic authorization of completion of Sample Submission Forms on behalf of the Client is an authorized and legally-binding testing order, and agrees to remit any and all billings resulting from telephonic authorizations.

Cancellation and Testing Order Modification Policy

Changes or cancellations may be made to a testing order for individual samples until samples are logged in the laboratory software and the order accepted. Once an order has been accessioned in the laboratory, the requested testing is locked, and no changes to the gross panels may be accommodated. Client agrees to remit any billings resulting from testing panels as indicated on a Sample Submission Form at the time of laboratory accession. Changes to testing orders subordinate to the testing panel order, such as name changes, reporting units, and sample types may be accommodated entirely at the discretion of New Bloom Labs based on availability, laboratory capacity, and/or legal, ethical, or business considerations.

Sample Name Changes

New Bloom Labs may, entirely at its discretion, accommodate changes to sample names after a report has been published. Executed name changes will incur a $10 per sample fee. A footnote will be added to any report with a modified name change indicating that sample identification data was modified after report publication.

Sample Quarantine Request for Future Testing

New Bloom Labs understands that Clients may wish to view results of a la carte concentration reports prior to proceeding with further panels or bundles of toxin screening panels for the same sample. New Bloom Labs will not assume, or provisionally designate, samples for such treatment in any case for any reason. Such designation and sample treatment requires specific instruction from Client prior to accession into the laboratory in the form of specific instruction on the Sample Submission Form, or documented verbal instruction. In the event that conditional testing is requested for potential follow-on testing, the following guidelines and procedures apply in every instance:

  • New Bloom Labs will only proceed with follow-on testing for sample material that was included with the original order for conditional analysis. New Bloom Labs will not accept new or supplemental material in order to fulfill follow-on testing orders. Supply of new material will require a new testing order, the reports of which cannot be combined with preceding testing orders. 

  • At least 25 grams or mL of material for full panel analysis. This mass is required for eligibility for aseptic quarantine of testing material for potential follow-on testing.

  • After the Client has reviewed the first round of reports, and come to a decision on how or if to proceed with adding to the order, simply reply to the results notification email (from info@newbloomlabs.com) and let us know exactly which samples will require follow on testing, and exactly what extra tests you are ordering. It’s important to be very specific in this email so as to reduce any chance that we could misinterpret your instructions. Nevertheless, if we have any questions, we will be sure to reach out to you with any questions before we proceed with testing.

  • If you DO NOT require any additional testing, please reply to the email just like above and let us know. That way we can proceed with the disposal of your samples.

  • The sooner we receive your instructions the better. This will improve the turnaround time for your results, and ensure that sample integrity remains intact while in storage. Some materials store better than others, so the best rule of thumb is the sooner analysis can begin, the better.

  • New Bloom Labs will only hold samples for 10 business days before disposal of quarantined material for potential follow-on testing.

White Label COAs

These Terms of Service ("Terms") outline the conditions for using the white labeling services provided by New Bloom Labs ("we," "us," "our"). By using our white labeling service, you agree to the following terms.

Scope of White Labeling Services

We allow you to replace original company branding on lab reports with another business or client branding. White labeling is limited to changes in branding for marketing purposes; no modifications to the actual lab results or data are permitted. New Bloom Labs reserves the right to decline a Client’s request for report White Labeling services.

Permissible Use of White Labeling

  • Brand Consistency - Client may request a change the brand names to match a brand you own or your client’s branding

  • Accuracy - Client must ensure that the new product name and brand accurately reflect the actual product tested

  • Compliance - Client is  solely responsible for ensuring that the white-labeled reports comply with all applicable laws and regulations

Limitations of White Labeling

  • No Alteration of Test Data - Lab results cannot be changed; only the product name and branding may be modified

  • No QR Code Removal - New Bloom Labs will not remove the QR code presented on every report, and Client agrees that removing or obscuring QR codes is an act of fraud and a violation of these Terms of Service.

  • Product Representation - You must ensure the product represented on the white-labeled report is the actual product tested.

  • Non-Transferable - White labeling services are specific to the client who ordered the test and cannot be resold or transferred to third parties without written consent.

  • Maximum of Three (3) White Label Reports - Each laboratory report may be white-labeled no more than three times.

Liability and Indemnification

  • Accuracy of Branding - Clients is solely responsible for the accuracy of the product and branding information provided for white labeling.

  • No Liability for Misrepresentation - New Bloom Labs is not liable for any claims arising from misrepresentation, branding inaccuracies, or misuse of the white-labeled reports.

  • Indemnification - Client agrees to indemnify and hold us harmless from any claims or damages resulting from your use of the white labeling service.

Compliance with Laws and Regulations

You are responsible for ensuring that the white-labeled reports comply with all relevant laws, including product safety, labeling, and marketing regulations. It is important that clients seek professional legal or regulatory advice to ensure compliance.

Fees and Payment

Additional fees may apply for white labeling services. Payment is due before White Label reports are issued. Non-payment may result in suspension of services.

Confidentiality

We treat all information related to testing and white labeling with confidentiality, however, we may use anonymized data for internal research or as required by law.

Termination of Services

We reserve the right to terminate or suspend white labeling services if you violate these Terms or if your use of the service presents a legal risk.

Disclaimers

  • No Guarantee of Regulatory Compliance - Our white labeling service does not guarantee that your products or reports will comply with regulations.

  • Limited Warranties - We make no warranties regarding the accuracy or fitness for a particular purpose of white-labeled reports.

PRIVACY POLICY

New Bloom Labs ("we," "us," "our") values your privacy and is committed to protecting your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your data when you visit our website, use our services, or interact with us in any way. Please read this policy carefully. If you do not agree with our terms, do not access or use our services.

Information We Collect

We may collect the following types of information:

  • Personal Information - This includes your name, email address, phone number, and any other information you provide when you contact us, submit forms, or register for services.

  • Technical Information - We may collect information about your device, IP address, browser type, operating system, and browsing behavior using cookies and other tracking technologies.

  • Agricultural Data - If you use our lab services, we may collect data related to soil, crop samples, or other agricultural materials you submit for analysis.

  • Product Data - If you use our lab services, we may collect data related to sample type, matrix, product name, ingredients, sample or material identifiers, marketing information, or other production data you submit for analysis.

  • Payment Information - If you purchase services from us, we may collect payment details such as credit card numbers, billing address, and transaction data.

How We Use Your Information

We use the information we collect for the following purposes:

  • Service Provision - To provide testing, analysis, and other services related to agricultural or consumable products and/or production inputs.

  • Communication - To respond to inquiries, provide updates, and send service-related notifications.

  • Payment Processing - To process transactions for services requested.

  • Improvement of Services - To enhance our website and lab operations based on your feedback and usage data.

Sharing of Information

We do not sell or rent your personal information to third parties. However, we may share your information under the following circumstances:

  • Service Providers - We may share your information with third-party vendors who assist in operating our business (e.g., payment processors, IT service providers) under strict confidentiality agreements.

  • Legal Compliance - We may disclose your information to comply with applicable laws, regulations, or legal proceedings. We will comply with any lawful requests, including court orders, subpoenas, or other legal processes, that require us to disclose your data. If compelled by a valid legal demand, we may share your personal information or any other data in our possession with law enforcement, regulatory agencies, or other authorities as required by law. We will make reasonable efforts to notify you of such disclosures unless prohibited by law or court order.

  • Business Transfers - In the event of a merger, acquisition, or asset sale, your data may be transferred to the new ownership.

Data Security

We take reasonable measures to protect your information from unauthorized access, loss, or misuse. However, no method of transmission over the internet or method of electronic storage is completely secure. While we strive to use commercially acceptable means to protect your data, we cannot guarantee absolute security.

Cookies and Tracking Technologies - Our website uses cookies and other tracking technologies to enhance your experience. You may choose to block or limit cookies in your browser settings, but this may affect your ability to use certain features of our website.

Third Party Links - Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of those sites. We encourage you to review their privacy policies when you visit.

Your Rights - Depending on your location, you may have the right to:

  • Access the personal information we hold about you

  • Request corrections to any inaccuracies in your personal information

  • Request deletion of your personal data, subject to legal or contractual obligations

  • Withdraw consent to data processing, where applicable

Changes to This Privacy Policy

We may update this Privacy Policy from time to time. Any changes will be posted on this website with an updated "Effective Date." We encourage you to review this policy periodically.

WEBSITE

Welcome to newbloomlabs.com. Please review these Terms and Conditions thoroughly before using the website. By accessing or using this site, you acknowledge and agree to be bound by these Terms and Conditions. The information and services provided on newbloomlabs.com are subject to your acceptance of the following Terms and Conditions.

Scope

These Terms and Conditions apply to your use of newbloomlabs.com, which is owned and operated by New Bloom, LLC dba New Bloom Labs, a Tennessee Limited Liability Company. We may own other websites that are not necessarily governed by these terms and conditions.

Content

The information contained on this website is for general informational purposes only. It should not be used for any specific purpose, and no guarantees regarding its accuracy or completeness are made. The site may contain errors, and New Bloom Labs does not make any representations or warranties about the accuracy of its content. We are not responsible for any consequences that may arise, directly or indirectly, from actions or decisions made based on the information provided. Your use of this website is subject to the disclaimers and conditions outlined in these Terms and Conditions and throughout the New Bloom Labs site. You assume all risks associated with any loss resulting from your use of the website or its content. Descriptions and terms for services on this website may change at any time without prior notice.

Limitation of Liability

The use of this website is at your own risk. To the fullest extent permitted by applicable law, under no circumstance shall New Bloom Labs, its subsidiaries and affiliates, and its respective directors, officers, employees, agents, successors, and assigns, be liable to any user of this website or any other person or entity for any direct, indirect, special, incidental, consequential, or exemplary damages, including without limitation, damages for loss of profits, revenue or data, or other losses or damages of any kind whatsoever arising out of the use or inability to use this website or any content contained thereon, whether based upon warranty, negligence, contract, tort, strict liability, or otherwise, even if New Bloom Labs has been advised of the possibility of such damages or losses.

Linked Sites

While browsing this website, you may encounter links to other sites. This does not imply any association between New Bloom Labs and those sites or their owners. Although we aim to provide links of interest, New Bloom Labs and its affiliates bear no responsibility for the content or accuracy of these external sites, which have not been verified or endorsed by New Bloom Labs.

Other New Bloom Labs websites may have their own Terms and Privacy Policies. Be sure to review them when visiting those sites.

Copyright and Trademarks 

None of the names, trademarks, service marks, or logos of New Bloom Labs on this website may be used without express written permission. Nothing on this site grants any license or right to use these trademarks. Other proprietary notices and copyright information on the website must also be respected.

Right to Change Terms and Conditions

New Bloom Labs may change these Terms and Conditions at any time, with updates taking effect immediately upon posting on the website. By continuing to use the site after any changes, you agree to abide by the revised Terms and Conditions. Please review them periodically.

Client Portal

New Bloom Labs provides a client portal located at newbloomlabs.relims.com for the use and convenience of its clients. All uses of the client service portal shall comply with these Terms and Conditions.

GENERAL AND LEGAL

Disclaimer of Warranties Regarding Publication

New Bloom Labs hereby makes no warranties or representations (whether express or implied) in connection with the publication of test results, including, without limitation, that the website will run uninterrupted or error free, that Client may obtain certain financial results from the publication of the test results on the website, any implied warranties of merchantability or fitness for a particular purpose, or any other warranties.

Client Representations

Client represents and warrants that it will not use New Bloom Labs’ services to (a) violate the rights of others, (b) commit harm or tort, or (c) engage in criminal activity. Client must hold all valid licenses and permits in all jurisdictions where it is engaged in any activity to buy, sell, cultivate, harvest, process, package, distribute or sell any cannabis or cannabis-derived product. By using New Bloom Labs’ services, Client acknowledges adherence to these terms and conditions.

Force Majeure

New Bloom Labs shall have no responsibility or liability to the Client for any failure or delay in performance by New Bloom Labs which results in whole or in part from any cause or circumstance beyond the reasonable control of New Bloom Labs. Such causes and circumstances shall include, but not limited to, acts of God; acts of orders of any government authority; strikes or other labor disputes; natural disasters; accidents; wars; civil disturbances; difficulties or delays in transportation, mail, or delivery services; inability to obtain sufficient services or supplies from New Bloom Labs’ usual suppliers; or any other cause beyond New Bloom Labs’ reasonable control.

Limitations of Liability

New Bloom Labs is not liable for any losses, costs, expenses, or damages related to its services, including any test results or test results published on third-party websites. All results are for the Client's use only, and New Bloom Labs is not responsible for how third parties use these results. Clients should consider all results in full; New Bloom Labs is not liable for any separate use of portions of these results.

Indemnification

Client agrees to defend, indemnify, and hold harmless New Bloom Labs, along with its officers, directors, employees, and agents, from any claims, actions, or demands (including reasonable attorneys' fees and costs) arising from Client’s breach of any terms, warranties, representations, or covenants in these Terms and Conditions.

Miscellaneous Terms and Conditions

New Bloom Labs and Client may have other Agreements in place. In the event that there exists a conflict between any term, condition, or provision contained within these Terms and Conditions and any term, condition, or provision contained within a Master Testing Agreement, the Master Testing Agreement shall control. In the event that there exists a conflict between any term, condition, or provision contained within these Terms and Conditions and any term, condition, or provision contained within any other agreement, these Terms and Conditions shall control. New Bloom Labs specifically rejects all additional, inconsistent, or conflicting terms, whether printed or otherwise set forth in any purchase order or other communication from the Client to New Bloom Labs. No waiver by New Bloom Labs of any provision, term, or condition hereof or of any breach by or obligation of the Client hereunder shall constitute a waiver of such provision, term, or condition on any other occasion or a waiver of any other breach by or obligation of the Client. Should suit be brought to enforce or interpret any part of these Terms and Conditions, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.

No Guarantee of Employment

New Bloom Labs may list career opportunities but does not guarantee an offer, placement, or availability of any position.

Equal Employment Opportunity Commission Statement

New Bloom Labs is committed to non-discrimination and does not differentiate between employees or applicants based on race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, political affiliation, or veteran status. All employment decisions are made in compliance with relevant federal, state, and local laws.

Applicable Law

These Terms and Conditions and the resolution of any dispute related to these Terms and Conditions shall be construed in accordance with the laws of the State of Tennessee without regard to any principles of conflicts of law. Any dispute between New Bloom Labs and you related to these Terms and Conditions shall be resolved exclusively by the state courts in Hamilton County, Tennessee or the federal courts of the Southern District of Tennessee.

New Bloom Labs makes no representation that material on this website is appropriate or available for use in other locations, and accessing them from territories where its content is illegal is prohibited. Those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with local laws.

Dispute Resolution

PLEASE READ THE FOLLOWING CAREFULLY, AS IT REQUIRES ARBITRATION OF CERTAIN DISPUTES ON AN INDIVIDUAL BASIS AND LIMITS THE PROCEDURES FOR YOU AND NEW BLOOM LABS TO SEEK RELIEF. ARBITRATION INVOLVES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, PROVIDES LIMITED DISCOVERY COMPARED TO COURT, AND IS SUBJECT TO LIMITED COURT REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN. ALL ARBITRATION UNDER THIS AGREEMENT WILL BE CONDUCTED ON AN INDIVIDUAL BASIS TO THE EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS, OR REPRESENTATIVE ARBITRATIONS ARE NOT ALLOWED. HOWEVER, BOTH YOU AND NEW BLOOM LABS MAY RECOVER ATTORNEYS' FEES FROM THE OTHER PARTY IN ARBITRATION TO THE SAME EXTENT AS IN COURT.

Agreement to Arbitrate and Jury Waiver

You and New Bloom Labs agree to resolve any Disputes (as defined below) through arbitration, as detailed below. Both parties waive the right to a jury trial on any Disputes, to the fullest extent permitted by law. The term "Disputes" refers to any disagreements, claims, lawsuits, actions, causes of action, losses, liabilities, r demands in any way connected to or arising from the website, the use of cookies, pixels, web beacons, or similar technologies, issues related to data or information privacy, sharing, or security, or these Terms of Use. This includes any past, pending, existing, or future Disputes of any kind. 

However, "Disputes" do not include, and this arbitration and class waiver provision does not apply to, claims by or against New Bloom Labs employees related to their employment terms or conditions, claims by New Bloom Labs patients involving alleged medical malpractice, wrongful death, or similar personal injury claims, actions brought individually in small claims court within the court’s jurisdiction, or claims where either party seeks injunctive or other equitable relief to prevent the unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

Class Action Waiver

To the maximum extent allowed by applicable law, you and New Bloom Labs agree that each may bring claims against the other only in your or its individual capacity, on an individual basis, and that you and New Bloom Labs each waive any right to pursue claims on a class, collective, non-individual, mass, or consolidated basis or in a representative proceeding.  The arbitrator may not join or consolidate more than one person’s claims, and may not otherwise preside over any form of representative, collective, non-individual, mass, or class proceeding.  Nothing in these terms should be read to allow class arbitration.  Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.  All other disputes with respect to whether this Dispute Resolution provision and its terms are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Pre-Arbitration Notice Requirement

Before initiating arbitration, both Client and New Bloom Labs agree to provide written notice of any Dispute to the other party, allowing an opportunity to resolve the matter informally and individually. New Bloom Labs will send notice to you at your last known street and email addresses on file. If you need to provide notice to New Bloom Labs, it must be sent by mail to: New Bloom Labs, Attn: CEO, 6121 Heritage Park Dr - Ste A500, Chattanooga, TN 37416.

The notice you send must include your name, street address, telephone number, and the email address used for our services. Additionally, it should contain a brief description of the Dispute, the specific relief you seek, and, if applicable, the amount of money involved. The notice must be signed with your handwritten signature, or if New Bloom Labs is sending the notice, it must be signed by an authorized employee.

Upon receiving the notice, both parties agree to negotiate personally, individually, and in good faith to resolve the Dispute. If the Dispute is not resolved within thirty (30) days after receiving the notice, either party may proceed to initiate arbitration by submitting a written demand. During this 30-day period, any applicable statute of limitations is paused. Adhering to this Pre-Arbitration Notice requirement is a mandatory step before starting any arbitration proceedings.

Arbitration Procedures

To keep arbitration as cost-effective as possible, both parties agree to initiate arbitration without involving a third-party arbitration service or administrator. Instead, each party will directly serve the other with a written arbitration demand that outlines the relevant facts and claims. This demand must be specific to the individual making the claim and include the same information and signature requirements as outlined in the Pre-Arbitration Notice provision. The delivery addresses for serving the arbitration demand are the same as specified in the notice provision.

The arbitrator will be selected through mutual agreement. The arbitrator must be either a licensed attorney or a retired judge. If the parties cannot agree on an arbitrator, the court will appoint one. The arbitration will take place in Hamilton County, TN, unless both parties agree to another location. The arbitrator will have the discretion to allow a reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. All documents exchanged during arbitration must remain confidential and cannot be shared outside of the process without the written consent of both parties, unless required by law.

All arbitration proceedings will be confidential and closed to the public, as well as to anyone not a party to the proceeding, unless prohibited by law. The arbitrator will have the authority to award monetary damages and other remedies, but only on an individual basis and consistent with the limitations set forth in these Terms of Use. The arbitrator may also grant declaratory or injunctive relief, but only to the extent necessary to resolve the individual claim of either you or New Bloom Labs. 

The arbitrator’s decision may be entered as a judgment in any court with jurisdiction. Unless otherwise modified by these terms, the parties agree to follow the JAMS General Arbitration Rules and Procedures during the arbitration process.

Arbitration Fees

The party initiating arbitration will be responsible for paying any filing, case initiation, or arbitrator fees, up to the amount required to pursue the same claim in the U.S. District Court for Tennessee. For individual claims involving damages of less than $25,000, New Bloom Labs will cover any additional reasonable arbitration fees and costs. For claims exceeding $25,000, or where a party seeks injunctive or declaratory relief, both parties will share the arbitration fees and costs equally. The parties agree to negotiate in good faith regarding any reasonable fees with the arbitrator, as needed.

If the arbitrator determines that the claims brought by either you or New Bloom Labs are frivolous, the party that initiated the frivolous claims will reimburse the other party for any arbitration costs or fees that were paid on their behalf.

Federal Arbitration Act

These Terms of Use involve interstate commerce, and the interpretation and enforcement of this Dispute Resolution provision will be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the fullest extent permitted by applicable law. This applies both substantively and procedurally, except where modified by these Terms of Use.

Limitation of Time to File Claims

Any action, claim, or dispute you have against us must be filed within one (1) year from the date the claim or notice of dispute could first have been made, unless otherwise prohibited by applicable law. If not filed within this one-year period, the claim or dispute is permanently barred.

Forum Selection

For any dispute not subject to arbitration, you and New Bloom Labs agree to resolve the matter in the state or federal courts located in Tennessee. You consent to the personal jurisdiction of those courts and waive any objections related to jurisdiction, venue, or the inconvenience of the forum. If New Bloom Labs chooses not to enforce any of its rights under these Terms of Use at any time, such inaction will not be considered a waiver of any provision or right under these Terms.

General

These Terms and Conditions represent the complete agreement between you and New Bloom Labs regarding your access to and use of this website, and use of New Bloom Labs’ services. Any failure by New Bloom Labs to exercise or enforce a provision or right under these Terms does not waive that provision or right. All rights not explicitly granted in these Terms are reserved.

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision will be considered severable and will not affect the validity or enforceability of the remaining provisions.

Contact Us

If you have any questions regarding these Terms and Conditions, you may contact us using the following information:

New Bloom, LLC dba

New Bloom Labs
6121 Heritage Park Drive - Ste A500
Chattanooga, TN 37416

info@newbloomlabs.com
(844) 837-8223

Updated and Effective: October 4, 2024