The Floral Pantry

Terms & Conditions

Overview
This website is operated by The Floral Pantry. Throughout the site, the terms “The Floral Pantry”, “we”, “us”, “our” and “The Service” refer to The Floral Pantry. The Floral Pantry offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Privacy
At The Floral Pantry, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Access and Use of the Service
The Floral Pantry service, and any content viewed through our service, is solely for your personal and non-commercial use. With your Floral Pantry purchase we grant you a limited, non-exclusive, non-transferable, license to access The Floral Pantry content and view your course(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. The Floral Pantry may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.

Registration
You may be required to register with The Floral Pantry in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

Member Account, Password and Security
You may never use another’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify The Floral Pantry of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. The Floral Pantry will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service
The Floral Pantry reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Floral Pantry will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.

General Practices Regarding Use and Storage
You acknowledge that The Floral Pantry may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on The Floral Pantry’s servers on your behalf. You agree that The Floral Pantry has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that The Floral Pantry reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that The Floral Pantry reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

User Conduct
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The Floral Pantry reserves the right to investigate and take appropriate legal action against anyone who, in The Floral Pantry’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

  • Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of The Floral Pantry, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose The Floral Pantry or its users to any harm or liability of any type;
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • Violate any applicable local, state, national or international law, or any regulations having the force of law;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;
  • Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  • Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Return Policy For Pantry Product
The Floral Pantry accepts returns on non-living product that is undamaged and in original condition. All returns must be requested within 14 days of delivery to info@thefloralpantry.com.

Returns for Live Floral Product + Floristry Kits
Due to the perishable and variable nature of living product, we are not able to accept returns for these purchases.

We take great pride in packaging each order with the utmost care to ensure the safest arrival to you. All product is inspected and hand packed for shipment safety and survivability.

On the occasional event that a customer is not fully happy with an order due to live product arriving damaged or dead, a replacement can be requested. Please note that requests are considered on a case-by-case basis. Please examine the item/s and inform us of any problems, including photo documentation. Requests must be made within 24 hours of receiving your order. If product is found faulty, every effort will be made to replace the original flower order as soon as possible.

Order Cancellation Policy
All floristry kits are sold on a pre-order basis. Orders are officially processed at the pre-order cut-off date noted on the individual product pages. Once the pre-order date has been cut-off and your order has been processed, we are unable to accept cancellations. Thank you for understanding.

Recurring Subscriptions
If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorize The Floral Pantry to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that The Floral Pantry is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, The Floral Pantry, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.

The Floral Pantry may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.

Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

If you subscribed on our website, you can cancel by contacting Support at support@thefloralpantry.com or by going to Settings in your account, selecting Cancel under the Subscription box and then following the onscreen instructions to continue and cancel subscription.

Special Notice for International Use; Export Controls
Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Commercial Use
Unless otherwise expressly authorized herein or by The Floral Pantry in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Ratings & Reviews
By submitting a product rating or review, you represent and warrant that:

  • You understand you are participating in a public forum and that your content and other personal information will be available to all other users of the website.
  • You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to The Floral Pantry to use all intellectual property and other rights thereto to enable inclusion and use of the content in the manner contemplated by these Terms of Use);
  • You understand that your reviews may be utilized and distributed by The Floral Pantry in its marketing materials, including but not limited to, thefloralpantry.com, The Floral Pantry emails, social channels, and store materials;
  • All “moral rights” that you may have in such content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the content that you submit, or any derivative works of or upgrades or updates thereto;
  • All content that you post is accurate;
  • You are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the site and their agreement to these Terms of Use;
  • and that use of the reviews you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You also represent and warrant that any product reviews you submit:

  • Is not false, inaccurate or misleading;
  • Does not harm minors;
  • Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
  • Does not violate any obligations you may have with respect to such content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and
    confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
  • Is not submitted for compensation or other consideration from any third party;
  • Is relevant to the product being rated and reviewed;
  • Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
  • Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;
  • Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; – Does not contain any computer viruses, worms or other potentially damaging computer programs or files; and
  • Does not impersonate any person or entity, including, without limitation, any Floral Pantry official, forum leader, guide or host, or falsely states or otherwise misrepresents your affiliation with a person or entity.

For any review that you submit, you grant The Floral Pantry a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub-licenseable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the site.

All content that you submit is not confidential and may be used at The Floral Pantry’s sole discretion. The Floral Pantry may or may not pre-screen content. However, The Floral Pantry and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any content on the site. In particular, The Floral Pantry and its designees will have the right to remove any content that The Floral Pantry deems, in its sole discretion, to violate the provisions of these Terms of Use. The Floral Pantry does not guarantee that you will have any recourse through to edit or delete any content you have submitted. The Floral Pantry reserves the right to incorporate any content you have submitted into any account you may have, now or in the future, as a registered user of the site. The Floral Pantry reserves the right to remove or to refuse to post any review for violation of any relevant terms or guidelines. You acknowledge that you, not The Floral Pantry, are responsible for the contents of any review you submit. None of the content that you submit shall be subject to any obligation of confidence on the part of The Floral Pantry, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

Your Use of Content and Limitation of Liability
The Floral Pantry provides the site and services on the site as a forum only. The Floral Pantry is not liable for any statements, representations, or content provided by its users in any public forum on the site. Any content, if displayed, is displayed for entertainment and informational purposes only. More generally, content posted is not controlled by The Floral Pantry. The Floral Pantry cannot guarantee the accuracy, integrity or quality of such content. You understand that by using the rating and reviews feature, you may be exposed to content that may be offensive, indecent or objectionable and The Floral Pantry shall not be liable for any such content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will The Floral Pantry be liable in any way for any content, including, but not limited to, for (i) any errors or omissions in any content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the site.

You may access the content and any other content on the site only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the content other than as expressly provided herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the site or features that prevent or restrict use of any content or enforce limitations on use of the site or the content therein. You may not interfere with or disrupt the site, or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to the site, including by using any device, software or routine to bypass robot exclusion headers. The Floral Pantry reserves all rights not expressly granted in and to the content.

Mobile Terms of Service
If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (”Text Message”) sent through an automatic telephone dialing system. These may include cart reminder messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying ”STOP” to any Text Message you receive from us. For help, reply ”HELP” to any Text Message or you can get help directly at info@thefloralpantry.com. Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Carriers are not liable for delayed or undelivered messages.

SMS/Text Messages
When you consent to receive SMS (”Text Message”) from us we collect and use your personal identifiers (such as contact information) for the purposes of sending you marketing communications which may include cart reminder messages. We will never share your information with any third party, nor will we sell your information. You can unsubscribe from Text Messages by replying with ‘STOP’. If you have any questions about unsubscribing from our messages, please contact us at info@thefloralpantry.com.

Service Content, Software and Trademarks
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by The Floral Pantry, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by The Floral Pantry from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of The Floral Pantry, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by The Floral Pantry.

The Floral Pantry name and logos are trademarks and service marks of The Floral Pantry (collectively the “The Floral Pantry Trademarks”). Other The Floral Pantry, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to The Floral Pantry. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of The Floral Pantry Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of The Floral Pantry Trademarks will inure to our exclusive benefit.

Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. The Floral Pantry has no control over such sites and resources and The Floral Pantry is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that The Floral Pantry will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that The Floral Pantry is not liable for any loss or claim that you may have against any such third party.

Social Networking Services
You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and The Floral Pantry’s use, storage and disclosure of information related to you and your use of such services within The Floral Pantry (including your friend lists and the like), please see our Privacy Policy.

However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and The Floral Pantry shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, The Floral Pantry is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, The Floral Pantry is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. The Floral Pantry enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Indemnity and Release
To the fullest extent permitted by law, you agree to release, indemnify and hold The Floral Pantry and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE FLORAL PANTRY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE FLORAL PANTRY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE FLORAL PANTRY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE FLORAL PANTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE FLORAL PANTRY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE FLORAL PANTRY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Binding Arbitration; Class Action Waiver
You and The Floral Pantry agree that these Terms of Service affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 10 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms of Service or the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

If you have any dispute with us, you agree that before taking any formal action, you will contact us at The Floral Pantry, support@thefloralpantry.com, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND THE FLORAL PANTRY REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

Termination
You agree that The Floral Pantry, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if The Floral Pantry believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. The Floral Pantry may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that The Floral Pantry may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that The Floral Pantry will not be liable to you or any third party for any termination of your access to the Service.

Disputes Between Users
You agree that you are solely responsible for your interactions with any other user in connection with the Service and The Floral Pantry will have no liability or responsibility with respect thereto. The Floral Pantry reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General
These Terms of Service constitute the entire agreement between you and The Floral Pantry and govern your use of the Service, superseding any prior agreements between you and The Floral Pantry with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 10 above, you and The Floral Pantry agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California. The failure of The Floral Pantry to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of The Floral Pantry, but The Floral Pantry may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall The Floral Pantry be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Questions?
Please contact us at support@thefloralpantry.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.