Last Updated: October 30, 2023
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF AND ACCESS TO THE WEBSITE, ANY MOBILE APPLICATIONS, AND AFFILIATED WEBSITES OF FLORAL FUSION (TOGETHER, COLLECTIVELY, THE “SERVICE”). BY ACCESSING AND/OR USING THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF SERVICE (“TERMS”). IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE SERVICE.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS TO RESOLVE ANY DISPUTE WITH FLORAL FUSION. PLEASE READ IT CAREFULLY.
INFORMATION FOR USERS
Account Creation. You are eligible to use the Service if you are 18 years of age or older. You may not use the Service if you have been suspended by Floral Fusion or are under 18 years old. By using the Service, you represent that you have the authority to abide by these Terms. Your registration is for your personal use only. You may not authorize others to use your account or assign it to any other person/entity.
Except where stated otherwise, all comments, feedback, and data submitted to Floral Fusion through the Service (“Submissions”) are non-confidential and Floral Fusion’s property. This includes a license to use any images uploaded in any method Floral Fusion deems appropriate. By providing Submissions, you assign all copyright and intellectual property rights to Floral Fusion. You represent having the rights to grant Floral Fusion these rights. Floral Fusion may use and disseminate Submissions without restriction. You are responsible for the legality, reliability, and accuracy of Submissions.
You will not make any Submission that is defamatory, harassing, threatening, bigoted, hateful, violent, obscene, pornographic, or otherwise offensive or illegal. Floral Fusion reserves the right to suspend or terminate accounts it believes are improper or inconsistent with its business.
Floral Fusion reserves the right but has no obligation, to refuse, edit, or remove any Submission violating these Terms. Floral Fusion may also identify users to third parties and disclose Submissions or personal information when required by law or to enforce these Terms. Floral Fusion retains the right to remove any Submission at any time for any reason.
All Submissions must comply with privacy, publicity, copyright, and other laws. You may not upload any image without consent. Floral Fusion reserves the right to suspend accounts uploading such images without consent.
Floral Fusion reserves the right to cancel accounts it believes are being used for improper purposes inconsistent with its business.
Content Accuracy. Floral Fusion attempts to ensure Content is complete, accurate, and current but makes no guarantees regarding completeness, accuracy, or currency.
Use of Content. All Content provided by Floral Fusion, including images, graphics, sounds, and compilations (“Materials”), are protected by copyright, trademark, patents, and other laws and are owned or controlled by Floral Fusion or its partners, vendors, and licensors. Floral Fusion reserves all rights not expressly granted herein. You may not modify, copy, print, reproduce, distribute, publish, display, perform, reuse, host, post, transmit, or otherwise use Materials except as expressly permitted. You may not mirror or archive any Content without express written permission.
You may not sublicense, assign, or transfer any licenses from Floral Fusion. You may not reverse engineer or make derivative works of Materials or Content.
Unless stated otherwise, nothing in the Service confers any license or ownership under Floral Fusion’s intellectual property. Any unauthorized use of Materials may violate copyright, trademark, privacy, communications and other laws.
You are responsible for complying with all applicable laws. You are responsible for account security and password. You accept responsibility for activities under your account or password.
Termination. You or Floral Fusion may suspend or terminate your account or use of the Service at any time for any reason. Floral Fusion reserves the right to change, suspend, or discontinue the Service at any time without notice.
Opt-In: You may receive SMS/MMS messages by opting in through online/app enrollment forms. By participating, you agree to receive autodialed marketing messages at your provided number, and consent is not required to make any purchase. While messages may be sent via autodialer, this does not imply all messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
Opt-Out: To stop participating, follow the opt-out instructions in the messages. You may receive a confirmation message. Opting out by texting words other than those provided or verbally requesting opt-out are not valid opt-out methods.
Duty to Notify: If you intend to stop using the opted-in number, you must complete the opt-out process prior to ending your number’s use. You agree this is a material term. If you discontinue your number without notifying Floral Fusion, you are responsible for all costs and liabilities incurred by Floral Fusion or any delivery service providers as a result of claims brought by future number assignees. This duty survives any termination.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD FLORAL FUSION HARMLESS FROM ANY CLAIMS OR LIABILITY FROM YOUR FAILURE TO NOTIFY FLORAL FUSION OF A CHANGE IN YOUR INFORMATION, INCLUDING ANY CLAIMS OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, ET SEQ., OR SIMILAR LAWS, AND ANY RELATED REGULATIONS, RESULTING FROM ATTEMPTS TO CONTACT YOU AT YOUR PROVIDED NUMBER.
Program Description: Users may receive messages concerning marketing and sales of Floral Fusion’s products, services, and events.
Cost and Frequency: Message and data rates may apply. Recurring messages may be sent based on your interactions with Floral Fusion.
Disclaimer: The program is offered “as-is” and may be unavailable at times. Floral Fusion is not liable for any delays, failures, or issues related to message delivery, which is subject to effective transmission from your wireless provider outside of Floral Fusion’s control.
LINKS TO THIRD PARTY SITES
The Service may contain links to third-party sites not controlled by Floral Fusion. Floral Fusion does not endorse and is not responsible for third-party site content. Use caution when accessing third-party sites. You are responsible for protecting against viruses or intrusive items from third-party sites.
LIMITATION OF LIABILITY
IN NO EVENT IS FLORAL FUSION OR ANY THIRD-PARTY PROVIDERS LIABLE FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FROM YOUR USE OF THE SERVICE. THIS APPLIES REGARDLESS OF CAUSE AND WHETHER ARISING FROM BREACH OF CONTRACT, TORT, OR OTHER THEORY OF LIABILITY. THIS LIMITATION APPLIES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FLORAL FUSION AND THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICE, MATERIALS, RESULTS OBTAINED FROM USE, OR ANY DELAYS, ERRORS, OR PROBLEMS.
THE SERVICE AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS. FLORAL FUSION EXPRESSLY DISCLAIMS ANY WARRANTIES RELATED TO THIRD-PARTY PROVIDERS, SERVICES AND BUSINESSES. USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK.
You must comply with all applicable laws regarding the use of the Service, including privacy, data protection, and export laws.
Floral Fusion may provide notice through the website, app, or email. Notice is deemed given 4 days after mailing or 36 hours after emailing or posting.
DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
Floral Fusion offers this dispute resolution process to resolve complaints or disputes (“Disputes”) related to the Service. Please read carefully – by agreeing to arbitration, you waive the right to litigate or participate in class actions except in Small Claims Court.
Step 1: Notice of Dispute
You must first attempt to resolve Disputes through Floral Fusion’s Notice of Dispute process. Submit a “Notice of Dispute” by email with supporting documents to the email below.
The Notice of Dispute provides your contact information, facts, and requested relief. Floral Fusion will attempt informal negotiation within 45 days of receipt. If no agreement can be reached in that timeframe, arbitration may be initiated as described below.
Step 2: Arbitration
If your Dispute is unresolved after 45 days from Floral Fusion’s receipt of your Notice of Dispute, either party may initiate arbitration governed by the AAA Consumer Arbitration Rules, available here:
By agreeing to arbitration, you waive the right to litigate or participate in class actions in court before a judge or jury, except in Small Claims Court. A neutral arbitrator will resolve the Dispute.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute may be conducted only on an individual basis. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are prohibited and waived. If this class action waiver is unenforceable, it shall be severed with the remaining arbitration provisions intact.
If you initiate AAA arbitration, Floral Fusion will promptly reimburse any standard AAA filing fees, provided you notify Floral Fusion in writing and provide a copy of the arbitration demand. However, if Floral Fusion prevails, it reserves the right to seek attorneys’ fees and costs, subject to the arbitrator’s determination.
Small Claims Option
You may also litigate any Dispute in Small Claims Court in Los Angeles County, California, if it meets the requirements to be heard there. However, if you initiate a Small Claims case, you are responsible for all court costs.
Choice of Law and Forum
These Terms represent the entire agreement regarding use of the Service and supersede any prior communications. Floral Fusion reserves the right to change these Terms at any time, effective upon posting. You should periodically review the Terms as your continued use of the Service after posted changes constitutes consent. More specific legal notices or terms may supersede certain provisions of these Terms. If any provision is invalid or unenforceable, the remaining provisions remain intact.
You may not assign the Terms without Floral Fusion’s written approval. Any attempted assignment is void. Floral Fusion reserves the right to use third-party providers for the Service. If any litigation arises from these Terms, the prevailing party shall receive reasonable attorneys’ fees, costs, and expert witness fees. All rights not expressly granted are reserved by Floral Fusion.
UNITED STATES ONLY
The Service is intended for use only within the United States. Floral Fusion makes no representation the Service is appropriate or available for use outside the United States. Accessing the Service from outside the United States is at your own risk, and you remain responsible for compliance with local laws.
If you have questions or need to contact Floral Fusion: