Effective as of November 10, 2021
ARBITRATION NOTICE: Except as described in the Disputes section, you agree that any dispute between you and FloraCraft will be resolved by binding, individual arbitration. That means that an arbitrator, not a judge or jury, will decide the dispute and that you waive your right to bring an action in court. You also waive your right to bring a dispute as, or participate in, a class, consolidated, representative, collective, or private attorney-general action or arbitration.
We may offer a feature that has its own terms and conditions in addition to these Terms (“Additional Terms”). If there is a conflict between these Terms and the Additional Terms, the Additional Terms will apply (unless the Additional Terms state that they do not apply).
1. Authorized Use of the Sites and Site Content. You may use a Site and any material on a Site (such as images and text, but also including the domain name, code, and the elements that make up its “look and feel”) (collectively, “Site Content”) only for your own personal, non-commercial use. This includes:
Downloading Site Content that is made available for download.
Using a link on the Site to share a link or Site Content as permitted by the sharing mechanism.
Linking to a Site using a plain-text link from a site that you own or control.
Pasting HTML or other code we provide on the Site (“Widget”) to embed Site Content on your personal web page, third party website, or social networking site.
You acknowledge that these authorized uses do not grant you any ownership or other rights in a Site or any Site Content, including links, sharing, or Widgets. Further, we may revoke our authorization at any time and, in connection with sharing, Widgets, and links if, in our opinion: (a) you imply that we or a Site are endorsing, sponsoring, or otherwise affiliated with any third party or its products or services; (b) the surrounding content presents false information about, disparages, tarnishes, or otherwise harms us or our products or services; (c) the link appears on the same page as content that could be construed, in our sole discretion, as offensive, controversial, or otherwise objectionable.
2. Prohibited Use of the Sites and Site Content. You may not:
Use a Site or Site Content for any commercial purpose, such as marketing or advertising, or to provide services as a service bureau.
Frame a Site or Site Content.
Take any action that causes a Site or Site Content to stop working properly or that circumvents security of a Site or Site Content, or that affects other users’ ability to use or interact with Site or any Site Content
Resell, copy, distribute, transfer, reverse engineer, disassemble, decompile, create derivative works of, or allow third-party access to a Site or any Site Content.
Change or remove any author attribution, trademark, legend, or copyright notice.
Except as part of standard use of a search engine or browser, download, monitor, mine, copy, or otherwise reproduce, store, or distribute a Site or any Site Content.
3. Third Party Sites and Content. There may be links or functionality on a Site or in communications from us to third party websites or online features. A Site may also include third party content that we do not control, maintain, or endorse.
A Site may also permit interactions between the Site and a third-party website or online feature, including applications that connect a Site or your profile on a Site with a third-party site or feature. For example, a Site may permit you to share a link and Site Content to your social network or by email or to indicate on your social networking page that you “like” a specific product on a Site.
These Terms do not apply to any third-party sites or features, products, or services, including those to which a Site may link, which we do not control. To the fullest extent permitted by law, neither FloraCraft nor its service providers are responsible for the actions of any third party. You acknowledge and agree that we make no representation or warranties about the completeness or accuracy of any third-party site and you use it at your own risk. If you choose to connect your information on a Site with a third-party site or feature, you consent to sharing that information and understand that your information may be publicly disclosed.
4. User Content. A Site may permit you to submit or post photos, audio, video, comments, text, files, social media posts, or other content, including information that identifies you, such as your name, user name, likeness, biographical information, and other characteristics (“User Content”) through interactive or other features, such as: (a) posting a product review, asking or answering a question, or commenting on a blog post; (b) participating in a message board, chat room, discussion forum, or other interactive service; (c) posting content that you have created, such as text, photos, videos, or other material; (d) including on our Site (with your permission) text, photos, videos, or other material that you have posted on social media ; and (e) entering a sweepstakes or contest (“Submission Features”).
By providing User Content, you grant to us a non-exclusive, worldwide, irrevocable, perpetual, transferable, and royalty-free right to use, copy, distribute, display, perform, modify, translate, store, or otherwise exploit the User Content (including identifying information, such as your name, likeness, etc.) in any media throughout the world. You represent and warrant that you own or have all necessary rights to provide your User Content and license it to us for use as described above and in accordance with any Additional Terms that may apply; that your User Content is accurate; and that use of your User Content does not violate these Terms or violate or infringe on the rights of any third party and will not cause harm. At our request, you will provide us with documentation to verify your compliance with these Terms. To the fullest extent permitted by law, you waive any “moral rights” you may have in your User Content, even if you do not agree with our use or how we have modified it.
We may, but are not required to, screen, monitor, edit, or remove any User Content or other material that (in our opinion) violates these Terms or the standards for the Sites. We cannot ensure prompt removal of objectionable User Content after it has been posted, and we assume no liability for any action or inaction with respect to the placement or removal of User Content. We are not responsible for the substance of User Content; you acknowledge that you may be legally responsible for your User Content.
5. Acceptable Use. You may not post, submit, email, or otherwise make available User Content that:
Is used in any commercial manner or contains any advertising and promotion, including soliciting participation in any commercial activities or sales, contests, sweepstakes, or bartering.
Encourages or constitutes conduct that is or could be considered unlawful, harmful, hateful, threatening, abusive, vulgar, harassing, defamatory, obscene, or an invasion of privacy.
May annoy or inconvenience others.
Is inappropriate for display in a public forum.
Is false, deceptive, misleading, or constitutes a “bait and switch” or impersonation of another person or entity, including a FloraCraft employee or representative.
Misrepresents your affiliation with any person or entity
Solicits funds or donations, or contains any spam, chain letters, pyramid schemes, or other types of unsolicited messages.
Violates or infringes on any third-party right, including copyright, trademark, patent, trade secret, moral, privacy, publicity, and other intellectual property or proprietary rights.
Breaches confidentiality or privacy (such as copying private messages from others).
Limits others from using and enjoying the Sites or the products or services offered on the Sites.
Is potentially harmful, such as a computer virus, Trojan horse, or corrupted data or code.
Violates obligations or restrictions imposed by any third party.
6. Submissions. We welcome your feedback and your participation in Site features. However, we do not review any unsolicited ideas, inventions, suggestions, or materials. We do this to avoid misunderstandings if we (or someone we are working with) develop something that seems similar to what you submitted. By submitting any unsolicited idea, invention, suggestion, or other materials (through the Sites, by email, or regular mail, or any manner), including User Content, you agree—regardless of what you might say as part of the submission—that: (a) it is not confidential or proprietary to you, (b) we have no obligation to acknowledge receipt or return it to you, (c) we are free to use, distribute, or disclose it without any compensation to you or any third party.
7. Disclaimer of Warranties. Your use of the Site, access to all Site Content, and any services or items obtained through the Site, is at your own risk. To the fullest extent permitted by law, the Sites and materials on these Sites are provided “as is,” “as available,” and “with all faults,” and without any warranties, express or implied. To the fullest extent permitted by law, FloraCraft, its vendors, licensors, and suppliers, and the directors, officers, employees, and other representatives of each (collectively, “FloraCraft Parties”):
Disclaim all warranties, express or implied, in connection with each Site, including (but not limited to) any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or custom.
Do not represent or warrant that any Site (or Site Content) will be uninterrupted or error-free, or that a Site or its server is free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data.
Do not represent or warrant that the information (including any instructions) on any Site is accurate, complete, or reliable, or error-free; and without defects, viruses or harmful content; or that your use of the Site will be uninterrupted.
Unless required by law, and only to the extent required by law, we are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.
8. Limitation of Liability. The FloraCraft Parties will not be liable for special or consequential damages that result from the use of, or the inability to use, a Site or Site Content, including from any losses or damages claimed based on the purchase of goods from the Site. The FloraCraft Parties will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, network, data, or other proprietary material due to your use of the Site (or access to any Site Content) or any services or items obtained through the Site or to your downloading of any material posted on the Site, or on any third party site or content linked to it, including the processing of payments used in the purchase of goods from the Site. In no event will the total liability to you by the FloraCraft Parties for any claims, damages, losses, and causes of action exceed the amount you paid us, if any, for accessing the applicable Site or any purchase made on the Site, or, if you did not pay us, $10.00 USD. This limitation on damages is not intended to limit any obligation to pay prevailing party costs or fees as required by law.
9. Indemnity. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the FloraCraft Parties from and against any and all claims, damages, losses, costs, and expenses, including (but not limited to) attorney’s fees arising from: (a) your breach of any of these Terms or Additional Terms, (b) your content and materials, including (but not limited to) submissions and User Content, (c) your use of any Site, Site Content, or Site features as permitted by us or (d) your violation of law or any agreement you have with a third party.
10. Disputes. You agree that these Terms and your use of any Site is governed by the laws of the State of Michigan, United States of America. Both you and the FloraCraft Parties waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action.
Except for the FloraCraft Parties’ right to seek injunctive or equitable relief in a state and federal court located in Kent County, Michigan (or any other court with jurisdiction over the parties), the parties each agree to finally settle all disputes arising out of or relating to any Site only through binding arbitration before a sole arbitrator under the streamlined arbitration rules procedures of JAMS Inc. (“JAMS”). In arbitration, there is no judge or jury, and review is limited. With limited exceptions, the arbitrator’s decision and award is final and binding, and judgment on the award may be entered in any court with jurisdiction. If JAMS does not set a hearing date within 14 days of the filing of a “demand for arbitration,” then a party may elect to have the arbitration administered by a mutually-agreed arbitration service. If an in-person hearing is required, it will take place in Grand Rapids, Michigan, or closer your hometown if the JAMS rules so require. A dispute will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason a court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction. FloraCraft will pay the administrative and arbitrator’s fees to conduct the arbitration (but not travel or other costs you incur). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation or exploitation of any Site.
11. Miscellaneous. If any of the provisions of these Terms are found unlawful, void, or unenforceable by an arbitrator or court of competent jurisdiction, then that provision will be considered severable from these Terms and will not affect the validity and enforceability of the other provisions. This is our entire agreement regarding this subject, and these Terms supersede and replace any prior agreements regarding this subject. If FloraCraft does not act after you or others breach these Terms, it does not waive FloraCraft’s right to act regarding such breach or any other breach in the future. You agree that these Terms will not be construed against FloraCraft because FloraCraft has drafted them. Provisions of these Terms that would logically survive termination will survive the termination of these Terms, including (but not limited to) Disclaimer of Warranties, Limitation of Liability, Disputes).
12. Permissions. If an activity is not expressly authorized by these Terms, you do not have permission to do it. To request permission to access or use a Site or Site Content in a way that is not expressly authorized, for example, to link to a Site with a link that is not a plain-text link or use Site Content on your website, send an email to CS@FloraCraft.com. You understand and agree that by submitting such a request, you must wait for permission to be granted before undertaking the requested activity, and we may or may not respond or grant your request.
13. Digital Millennium Copyright Act (“DMCA”) Notice. We respect the copyright interests of others. It is our policy not to permit materials that we know to infringe copyright to remain on a Site.
If you believe any material on a Site infringes a copyright, provide us with written notice that, at a minimum:
Is signed (physically or electronically) by the copyright owner (or a person authorized to act for the copyright owner).
Identifies the work claimed to be infringed (or, if multiple works, a representative list).
Identifies the material claimed to be infringing that you are requesting be removed (or access to which blocked) along with information that will let us locate it.
Your contact information (i.e., address, telephone number, email address, preferably all three).
A statement that the complaining party has “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
1 E. Longfellow Place
Ludington, MI 49431
or via email to: CS@FloraCraft.com
If a third party repeatedly infringes the copyrights of others, it is our policy to terminate their privileges on our Site and take other appropriate action.
14. Updates to Terms. You agree that we may update these Terms at any time (“Updated Terms”) by posting the Updated Terms on the Sites so that they are accessible via a link on the home page and that if you use any of the Sites (or do some other act that we reasonably specify) after we have posted the Updated Terms, you agree to them. The Updated Terms will take effect when posted unless a later date is specified. Therefore, you should periodically review these Terms before using any Site.