Terms of service
Welcome to Flower Choice! By accessing or using our website, mobile applications, or affiliated sites (collectively, the “Service”), 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
This agreement includes a binding arbitration clause and a class action waiver. Please read it carefully as it affects your rights regarding dispute resolution with the company.
User Information
Account Creation: You must be at least 18 years old to use the Service. If you have been suspended by the Company or are under 18, you are ineligible to use the Service. By registering, you represent that you have the authority to use the Service and agree to abide by these Terms. Your registration is for your personal use only. You cannot authorize others to use your account or transfer your account to any other person or entity.
To use certain features, you need to provide personal information and create an account with a username, password, active email address, mailing address, mobile phone number, and phone number, subject to our Privacy Policy. Providing false or inaccurate information may result in account termination. You may only create one account per person.
Submissions
All comments, feedback, information, and data submitted to the Company through the Service ("Submissions") are non-confidential and become the Company’s property. This includes a license to use any images you upload. By providing Submissions, you assign all worldwide rights, title, and interest in the copyrights and intellectual property to the Company. You are responsible for the legality, reliability, appropriateness, originality, and copyright of your Submissions.
You will not post any Submission that is defamatory, abusive, harassing, threatening, invasive of privacy, hateful, racially offensive, violent, obscene, or otherwise harmful.
The Company reserves the right to refuse to post or remove any Submission violating these Terms and to disclose any Submission or personal information to third parties if required by law or to protect safety and security. We may remove Submissions at any time for any reason.
General Provisions
Content and Accuracy of Information: We strive to ensure that information on the Service is complete, accurate, and current. However, the information may be inaccurate, incomplete, or out of date. We make no representations as to its completeness, accuracy, or currentness.
Use of Service Content: All materials provided by the Service, including information, images, graphics, logos, sounds, content, and services ("Materials" or “Content”), are protected by intellectual property laws and are owned by the Company or its partners. The Company reserves all rights not expressly granted to you.
You cannot modify, copy, store, reproduce, distribute, republish, host, perform, download, display, transmit, or use the Content without prior written permission from the Company. You cannot sublicense, assign, or transfer any licenses granted by the Company. Unauthorized use of any Materials may violate copyright laws and other regulations.
Termination: We may suspend or terminate your account or use of the Service at any time, for any reason. We reserve the right to change, suspend, or discontinue any aspect of the Service at any time without notice.
SMS/MMS Mobile Message Marketing
User Opt-In: By opting into our SMS/MMS mobile messages, you agree to receive autodialed or prerecorded marketing messages at the provided phone number. Message and data rates may apply.
User Opt-Out: To stop receiving messages, follow the instructions in the text message. Opt-out methods other than those specified are not reasonable.
Duty to Notify and Indemnify: If you change your mobile number, complete the opt-out process before ending your use of the number. Failure to do so may result in liability for costs and claims. You agree to indemnify us for any claims resulting from your failure to notify us of such changes.
Program Description: The Program includes recurring messages about our products, services, and events. Message and data rates may apply.
Disclaimer of Warranty: The Program is offered "as-is" and may not be available in all areas. We are not liable for delays or failures in message receipt.
Links to Third-Party Sites
Our Service may contain links to third-party websites. We are not responsible for and do not endorse these sites. It is your responsibility to ensure that any selected content is free of viruses or other intrusive items.
Limitation of Liability
The Company and third-party providers are not liable for any indirect, punitive, special, incidental, or consequential damages arising out of the use of the Service.
Licenses from the Company
Users are granted a limited, non-exclusive, non-transferable license to access the Service and view the Content. No additional rights or title are transferred to you.
Representations and Warranties
Each User represents and warrants they have the authority to enter these Terms. The Company will provide the Service as it deems fit.
Disclaimer of Warranties
The Materials are provided "as-is." The Company and third-party providers disclaim all express or implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.
Your Responsibilities
Users must comply with all applicable laws in connection with their use of the Service, including data privacy and international communications.
Notices
The Company may provide notices by general notice on the website, email, or other means. Notices are deemed given four days after mailing or 36 hours after sending by email.
Resolution of Disputes – Mandatory Arbitration and Class Action Waiver
We offer a process to resolve complaints or disputes.
Step 1: Notice of Dispute
Submit a “Notice of Dispute” via email with your name, address, contact information, email address, facts regarding your dispute, and requested relief. We will attempt to resolve the dispute within 45 days.
Step 2: Arbitration
If unresolved, disputes are subject to arbitration under the AAA Consumer Arbitration Rules. Arbitration is the sole remedy, and class actions are not permitted.
Costs
We will reimburse the standard filing fee for arbitration if you notify us in writing. The prevailing party in arbitration may seek attorneys’ fees and costs.
Small Claims Option
You may litigate disputes in Small Claims Court if applicable.
Choice of Law and Forum Selection
The laws govern this agreement, and any disputes must be resolved in state or federal court in our local jurisdiction.
These Terms, together with the Privacy Policy, represent the entire agreement regarding the use of the Service. We reserve the right to change these Terms at any time. Your continued use of the Service constitutes consent to such changes.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
By using our Service, you agree to these Terms. If you have any questions or need further assistance, please contact our Customer Service Department.