INFORMATION THAT WE COLLECT
Personal Data is information that can be used to identify You specifically, including Your name, shipping address, email address, telephone number, or demographic information like Your age, gender, or hometown. You consent to giving Us this information by providing it to Us voluntarily on Our website or any mobile application. You provide some of this information when You register with or make purchases from Our website. You may also provide this information by participating in various activities associated with Our site, including responding to blogs, contacting Us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but Your refusal may prevent You from accessing certain benefits from Our website or from making purchases.
Derivative data is information that Our servers automatically collect about You when You access Our website, such as Your IP address, browser type, the dates and times that You access Our website, and the specific pages You view. If You are using a mobile application, Our servers may collect information about Your device name and type, Your phone number, Your country of origin, and other interactions with Our application. Derivative data may also include data collected by third-party service providers, such as advertising and analytics providers, and may include cookies, log data, or web beacons. Cookies are discussed more fully below. Derivative data collected by third-party service providers generally does not identify a specific individual.
SOCIAL NETWORKING DATA
We may access personal information from social networking sites and apps, including Facebook, Instagram, Linkedin, Twitter, Snapchat, or other social networking sites or apps not named specifically here, which may include Your name, Your social network username, location, email address, age, gender, profile picture, and any other public information. If You do not want Us to access this information, please go to the specific social networking site and change Your privacy settings.
MOBILE DEVICE DATA
If You use Our website via a mobile device or app, We may collect information about Your mobile device, including device ID, model and manufacturer, and location information.
On occasion, You may give Us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that You are offering this kind of information in exchange for an entry into such a contest or giveaway.
HOW WE USE YOUR INFORMATION
Your information allows Us to offer You certain products and services, including the use of Our website, to fulfill Our obligations to You, to customize Your interaction with Our company and Our website, and to allow Us to suggest other products and services We think might interest You. We generally store Your data and transmit it to a third party for processing. However, to the extent We process Your data, We do so to serve Our legitimate business interests (such as providing You with the opportunity to purchase Our goods or services and interact with Our website or mobile app).
Specifically, We may use the information and data described above to:
Create and administer Your account; and
Deliver any products or services purchased by You to You; and
Correspond with You; and
Process payments or refunds; and
Contact You about new offerings that We think You will be interested in; and
Interact with You via social media; and
Send You a newsletter or other updates about Our company or website; and
Deliver targeted advertising; and
Request feedback from You; and
Notify You of updates to Our product and service offerings; and
Resolve disputes and troubleshoot any problems; and
Administer contests or giveaways; and
Generate a profile that is personalized to You, so that future interactions with Our website will be more personal; and
Compile anonymous statistical data for Our own use or for a third party’s use; and
Assist law enforcement as necessary; and
Prevent fraudulent activity on Our website or mobile app; and
Analyze trends to improve Our website and offerings.
GROUNDS FOR USING AND PROCESSING YOUR DATA
The information We collect and store is used primarily to allow Us to offer goods and services for sale. In addition, Amy Nicole Floral LLC DBA The Floral Coach may collect, use, and process Your information based on the following grounds:
LEGITIMATE BUSINESS INTERESTS
We may use and process Your data for Our legitimate business interests, which include, among other things, communicating with You, improving Our goods or services, improving Our website, and providing You with the information or products that You have requested.
Performance of a Contract: We may use and process Your information to enter into a contract with You and to perform Our contractual obligations to You.
Consent: We may use Your data, or permit selected third parties to use Your data, based on Your consent to Our use and sharing of that data. You may withdraw Your consent at any time, but doing so may affect Your ability to use Our website or other offerings.
As required by law: We may also use or process Your data as required for Us to comply with legal obligations.
WHY WE DISCLOSE YOUR INFORMATION
The following are specific reasons why We may share Your information:
Third Party Processing: We may disclose Your information to third parties who assist Us with various tasks, including payment processing, hosting services, email delivery, communications, and customer service. We may not always disclose these third-party processors if not required by law. We do not authorize them to use or disclose Your personal information except in connection with providing Our company with their services.
By Law: We may share Your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.
To Protect Our Company: We may use Your information to protect Our company, including to investigate and remedy any violations of Our rights or policies. We may also disclose Your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.
Online Postings: When You post online, Your posts may be viewed by others, and We may distribute Your comments outside the website.
Other Purposes: We may disclose Your personal data as necessary to comply with any legal obligation or to protect Your interests, or the vital interests of others or Our company.
Log Files: Like many other websites, We make use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
We may use any or all of the following types of cookies:
Essential Cookies: These cookies help Us run Our website and improve Your experience with Our website. These cookies may allow content to load more quickly or allow You to access “members only” or repeat-users sections of Our website.
Functionality Cookies: These cookies allow Us to remember Your preferences from earlier visits to Our website, including login information, so that You do not have to input the same information multiple times.
Social Media Cookies: These cookies allow Us to record when You have engaged with a social media tool while visiting Our website. For example, We may record that You have “liked” a certain aspect of Our website. The social media application may also share data with Us that You have allowed it to share. If You wish to change Your social media sharing settings, please visit the privacy settings of the social media network.
Advertising Cookies: We may work with third-party advertising partners who collect information about Your browsing habits on Our website in order to later display a relevant ad about Our services when You are on a third-party site such as a social media platform. These cookies may also allow Us to access Your location.
Pixel Tags: We may use a pixel tag, which is a small graphic file that allows Us to monitor the use of Our website and provide Us with information regarding Your interaction with the website. These tags may collect the IP address from the device You are using, and the browser type. Pixel tags are also used by Our third-party partners to collect information when You visit Our website, and We may use this information to display targeted advertisements.
Email Confirmations: We may receive email confirmations when You open an email from Us. This allows Us to determine if users are responding favorably to Our email communications and to improve those communications.
Other Technologies: Other data technologies may be used that collect comparable information for security, fraud detection, and similar purposes, to give Us information about Your use of Our website, and to greater improve Our website and service offerings to You.
Facebook: You can opt-out of Facebook’s interest-based ads by visiting: https://www.facebook.com/help/568137493302217.
PROCESSING YOUR INFORMATION
For the most part, We do not process Your information in-house, but give it to third-party processors for processing. For example, when PayPal takes Your payment information, they are a third-party processor. They process Your payment and remit the funds to Us. So in many instances, it will be necessary for Us to transmit Your information to a third-party processor, as We do not have the capability to perform these functions. More detail on third-party processing is detailed below.
However, We may, from time to time, process Your data internally. The legal basis for this processing is both Your consent to the processing, Our need to conduct Our legitimate business interests, and to comply with legal obligations. Our purposes in processing this information, if We do, is to administer, maintain, and improve Our website and offerings, to enter into contracts with You, to fulfill the terms of those contracts, to keep records of Our transactions and interactions, to be able to provide You with goods and services, to comply with Our legal obligations, to obtain professional advice, and to protect the rights and interests of Our company, Our customers (including You), and any third parties. We may process the following data:
Data associated with Your account, such as Your name, address, email address, and payment information.
Data about Your usage of Our website, such as Your IP address, geographical information, and how long You accessed Our website and what You viewed.
Data related to Your personal profile, such as Your name, address, profile picture, interests and hobbies, or employment details.
Data that You provide Us in the course of using Our services.
Data that You post on Our website, such as comments or responses to blogs.
Data that You submit to Us when You make an inquiry regarding Our website or offerings.
Data related to Your transactions with Us, including Your purchase of Our goods or services. This information may include contact details and payment information.
Data that You provide to Us when You subscribe to Our emails or newsletters, including Your email address and contact information.
Data that You submit to Us via correspondence, such as when You email Us with questions.
Any other data identified in this policy, for the purpose of complying with Our legal obligations, or to protect the vital interests of You or any other natural person.
Our website is hosted by servers located in United States. Therefore, if You reside outside the United States, some of Your data will be transferred internationally to and stored on those servers. In addition, We may use third-party processors (including payment processors) and subcontractors located in United States, We use all reasonable methods to protect the safety of Your data during transfer, including hosting Our website on reputable servers and engaging reputable third-party processors. By using this site and providing Us with information, You consent to this transfer, processing, and storage of Your information in United States. Note that the privacy laws in United States may not be as strict as those in other countries. Please be aware that:
Data that is provided to Us is stored on secure servers. Payment information and other sensitive data will be encrypted to ensure its safety.
The transmission of data via the internet is never completely secure, and We cannot guarantee the security of data that is sent to Us electronically. Your transmission of data to Us is at Your own risk.
Where data that You have transmitted to Us is password protected, You are responsible for keeping the password confidential. You are exclusively responsible for any breaches of Your data that results from Your own disclosure of or failure to protect Your password.
We retain personal data as long as it is needed to to conduct Our legitimate business purposes or to comply with Our legal obligations, or until You ask Us to delete Your data. For example, We will retain certain personal information indefinitely for the purposes of maintaining Your account, unless and until You delete Your account. Data that We gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will be kept for no longer than is necessary for that particular purpose. Data that is no longer needed by Us for any of the purposes listed above will be permanently deleted.
We will honor Your request to delete Your data, as described more fully below, unless We are required by law to retain access to the data. However, note that We cannot control the retention policies of third parties. If You wish to have any third parties, including those to whom We’ve transmitted Your data, delete that data, You will need to contact those third parties directly. You may request from Us a list of all third parties to whom We have transmitted Your data.
We may retain usage data (that is, data that is gathered by Our company or third-party analytics companies for the purpose of analyzing the use of Our website) as needed for internal analysis purposes. This type of data is usually retained for a shorter period of time than personal data, unless the data is necessary to improve the security or functionality of Our website or offerings, or We are legally obligated to retain the data for a longer period of time.
SECURITY OF YOUR INFORMATION
We take all reasonable steps to protect Your personal data and keep Your information secure. We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee complete security of any information You transmit to Us.
We will notify You promptly of any known breach of Our security systems or Your data which might expose You to serious risk.
This website or mobile app is not designed for use by children under age 16, and We do not knowingly solicit personal data from anyone under age 16. If You are under age 16, do not access or use Our website or related products or services. If You become aware that We have collected data of anyone under the age of 16, please contact Us so that We may delete that data.
You have certain rights with respect to Your personal data, as outlined below. Note that We may charge You a reasonable fee for actions that You ask Us to take with respect to Your data. In addition, We reserve the right to request that You provide Us with evidence of Your identity before We take any action with respect to the exercise of Your data rights. Further, Your rights may be restricted or nullified to the extent they conflict with Our compelling business interests, the public interest, or the law.
UPDATE ACCOUNT INFORMATION
You have the right to update or change any information You have provided to Us. To update or delete Your information, please contact Us at Amy Nicole Floral LLC DBA The Floral Coach.
CONFIRM PERSONAL DATA AND ITS USE
You have the right to request that We confirm what data We hold about You, and for what purposes. You also have the right to confirmation of whether We process Your data or deliver Your data to third-party processors, and for what purposes. We will supply You with copies of Your personal data unless doing so would affect the rights and freedoms of others.
Change Consent: You have the right to change Your consent to Our use of Your information. In such cases, We may require You to delete Your account with Us, as described above, and You may not have full access to Our website.
Request a Copy of Data: You have the right to request a digital copy of the data that We hold about You. Your first request for a copy of Your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
Transfer Your Data: You have the right to request that We gather and transfer Your data to another controller, in a commonly used and machine readable format, unless doing so would cause Us an undue burden.
Delete All Data: You have the right to request that We delete all data that We hold about You, and We must delete such data without undue delay. There are exceptions to this right, such as when keeping Your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of Your account with Us and You may have limited or no use of Our website.
Emails and Communications: You may opt out of receiving future email correspondence from Us by checking the appropriate box when You register for the account or make a purchase. You may change Your communication settings by contacting Us at Amy Nicole Floral LLC DBA The Floral Coach.
Marketing Communications: You may opt out of receiving any third-party marketing communications or having Your personal information used for marketing purposes. You may do this by contacting Us at Amy Nicole Floral LLC DBA The Floral Coach.
Processing: You may, in some circumstances, restrict the processing of Your data, such as when You contest the accuracy of Your data or when You have objected to processing, pending the verification of that objection. When processing has been restricted, We will continue to store Your data but will not pass it on to third-party processors without Your consent, or as necessary to comply with legal obligations or protect Your rights or those of others or Our company. In addition, You may opt out of any processing of Your data altogether. Note, however that doing so may result in the termination of Your account and loss of access to Our website.
CALIFORNIA PRIVACY RIGHTS
The State of California has established its own unique regulations that apply to California residents. If You reside in California, You have the right to obtain from Us, once per year and free of charge, information regarding what information We disclose to third-party marketers, and the names and addresses of each third party to whom We disclose Your data. If You are a California resident and would like to make such a request, please use the contact information listed below.
If You are a California resident and under the age of 18, You have the right to request that We remove any data that You publicly post on Our website. To request removal of Your data, please use the contact information listed below. Note that while We will remove Your data that is publicly posted on Our website, We may not be able to completely remove that data from Our systems.
We offer the opportunity for You to volunteer certain information to Us that is used for email and marketing purposes. This information includes, but is not limited to, Your name and email. You will have an opportunity to unsubscribe from any future communications via email, but We reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in Our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting Our business, such as through Facebook ads or Google Pay Per Click marketing campaigns. We do not ever sell Your information to third parties.
TERMS AND CONDITIONS OF USE
Terms and Conditions of Use for Amy Nicole Floral LLC DBA The Floral Coach
Last Updated on 11/02/2019
NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our products, including online courses.
This website is owned and operated by Amy Nicole Floral LLC DBA The Floral Coach, a Missouri company. You must be at least sixteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
TERMS OF SITE & COURSE ACCESS AND PRODUCT PURCHASER AGREEMENT
All programs, products, and services are owned and provided by Amy Nicole Floral LLC DBA The Floral Coach (“Company” or “We” or “Us” or “Our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.
You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at Amy Nicole Floral LLC DBA The Floral Coach and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).
YOUR PRODUCT OR COURSE USE AND CONSENT
When You purchased Our Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.
You agree You are at least 18 years old or of age in Your applicable jurisdiction to access the Offering. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.
INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks, and service marks are owned by and property of Amy Nicole Floral LLC DBA The Floral Coach, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
[CHOOSE BETWEEN (1) OR (2) BELOW AND DELETE THE OTHER VERSION:]
(1) You may NOT use Our intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from Our site to any third-party website including social media. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, We cannot allow any third party use without our explicit written consent.
ONLINE COURSE INTELLECTUAL PROPERTY
Any and all materials, paid or free, that You access on this or any related domains that contain Our Offering are under the sole ownership or licensed use of Amy Nicole Floral LLC DBA The Floral Coach
To be clear, We own Our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines, and trademarks (common law or federally registered). You are not allowed to reproduce any part of Our website(s), program(s), product(s), service materials, or related communications.
You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering You have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, You have committed infringement in a manner that materially harms Us, and We have the right to seek damages and/or an injunction to remedy the situation until We are made whole.
Access the Offering for Your personal use (if additional members of Your team need to access the Offering, You must purchase additional Offerings at one per each team member).
Download and/or print any Offering materials for Your personal use in Your business (if additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per each team member).
Use Our trademarks and copyrighted materials with Our consent and proper credit and marking, namely, citing © Amy Nicole Floral LLC DBA The Floral Coach as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.
You may not:
Re-sell or trade Your access to the Offering.
Share the Offering with anyone else who has not yet purchased it or opted in to receive it.
Reprint or republish any of the Offering, in part or in whole.
Distribute any of the materials contained in the Offering or related materials and/or communications as Your own, otherwise known as stealing.
Reproduce and tweak any part or whole of the Offering for distribution as Your own work.
Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials).
Use Our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
REQUEST FOR PERMISSION TO USE CONTENT
If You wish to use, publish, or access any of Our content, Offering(s), or related materials, You must do so by requesting permission prior to commencing use of the same by emailing Us at Amy Nicole Floral LLC DBA The Floral Coach.
CIVIL AND CRIMINAL PENALTIES
Even though Our Offering is not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Missouri by opting into or purchasing any Offering or accessing its related communications and/or materials.
YOUR MATERIALS AND CONTRIBUTIONS
By submitting a comment, photo, video, or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third-party access sites, such as Our Facebook group(s) or online software platforms that We use to distribute Our Offering and related materials, You agree that We have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state that We may not do so with said submission. You have no right to privacy by accessing Our Offering or related materials, and We reserve the right to disclose Your participation in the same.
You must own the copyright to any image(s) You use by default or voluntarily on Our platforms or in Our Offering or related materials. You grant Us a commercial license to any image(s) You submit to Us by default, such as a Facebook profile photo or other profile image You voluntarily provide in accessing the Offering, or voluntarily upon Our request. Such a default or voluntary release of Your image and likeness may be used for any reasonable future business use.
NOTIFICATION OF USE
We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit by default or voluntarily.
SECURITY AND ASSUMPTION OF RISK
It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Paypal, or Shopify . By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
ASSUMPTION OF RISK
By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.
This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at email@example.com.
You agree that You understand individual outcomes will vary. Each individual approaches Our Offering(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s).
To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering Our professional services and You expressly agree We are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.
THIRD PARTY DISCLAIMER
You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.
WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
We make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access Our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge Our lack of responsibility for said failure, and while We will make reasonable efforts to support You, some technological issues are far outside Our control and will require You to access support from a third-party provider, such as TEACHABLE.
ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Offering(s) or related material(s).
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
You agree at all times to indemnify and hold harmless Our Company, as well as any of Our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs , and expenses, including legal fees and expenses, arising out of or related to Our Offering(s) .
LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for the information, products, or materials that You request or receive through or in relation to Our Offering(s). We do not assume liability for any third party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of Your access of Our Offering(s) and related material(s).
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).
We take Your investment seriously, and We’d appreciate if You took Our investment of time and resources into Your success seriously, too.
Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing.
COURSE PURCHASE REFUNDS
Due to the electronic nature of digital courses and content, course refunds are not available. In person workshops are non-refundable but are transferable to another student.
You agree to make every attempt to file a refund prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our bonuses, affiliate bonuses, or other materials afforded to You in exchange for Your original purchase of Our Offering. We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute.
If You have signed up for a payment plan, You hereby authorize Our continued access to Your financial information stored by Our third-party financial processing company referenced in this Agreement until Your payment plan is complete, as set forth in Your acceptance of the purchase terms upon checkout.
REVOCATION OF ACCESS
You have the unilateral right to terminate Your use and access to any of Our Offering(s). Please send an email to firstname.lastname@example.org to initiate this process. Termination will not excuse You of further payment. Upon confirmation of Your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and You agree to be responsible for any additional charges, fees, or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.
If You and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.
If You are found to be slandering, libeling, or otherwise disparaging Our Company, Offering(s), or related materials at Our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.
LAW AND JURISDICTION
ALL RIGHTS RESERVED
Last modified 11/4/2019
PLEASE READ THESE TERMS CAREFULLY
Amy Nicole Floral LLC DBA The Floral Coach exclusively owns and controls the Sites, which provides information about my products and services and may, from time to time, provide access to educational materials pertaining to a variety of floral design education. You agree that, use or access to any or all of the Sites does not, standing alone, create any sort of representation or future promise. The unauthorized reproduction, use of, or theft of any content, written, photographic, or otherwise, is expressly prohibited. By using the Sites, you expressly agree to pay a fine of $50 per incident for any unauthorized use of our content, at the sole discretion of Amy Nicole Floral LLC DBA The Floral Coach.
Unless explicitly stated otherwise, as between you and Amy Nicole Floral LLC DBA The Floral Coach, Amy Nicole Floral LLC DBA The Floral Coach owns all right, title, and interest in and to the Sites, including, without limitation, graphics, site content, design, organization, compilation and other matters related to or included on the Sites. My name, Amy Nicole Floral LLC DBA The Floral Coach and all related names, product and service names, logos, slogans and designs are my trademarks and you may not use these marks without my prior written permission. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and should not be used without those respective owners’ permission. You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites and the resources available for download from the Website strictly in accordance with these Terms.
THIRD PARTY RIGHTS.
Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by Amy Nicole Floral LLC DBA The Floral Coach either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. I respect the intellectual property of others and ask that you to do the same. Users must obtain permission from the owners of any Third Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.
If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact me via email at the contact information listed below and provide the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.
LINKING TO OUR SITES.
Anyone linking to the Sites must comply with all applicable laws and must not: (i) misrepresent its relationship with Amy Nicole Floral LLC DBA The Floral Coach; (ii) present false or misleading information about Amy Nicole Floral LLC DBA The Floral Coach; or (iii) contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.
ADVERTISEMENTS AND LINKS.
I may at times include advertisements on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not my own. You agree that I shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any affiliate links that I link on the Sites will be clearly marked; however, I encourage you to reach out to me with any questions you may have regarding affiliate links.
You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by Amy Nicole Floral LLC DBA The Floral Coach of the contents on such third-party sites, and I expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Amy Nicole Floral LLC DBA The Floral Coach shall 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 such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.
DISCLAIMER AND LIMITATION OF LIABILITY.
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. Amy Nicole Floral LLC DBA The Floral Coach, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES.
Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of this language may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.
CHOICE OF LAW AND VENUE.
These Terms are governed by the laws of the State of Missouri without regard to any conflict of laws principle. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Fairfax, VA.
YOUR COMMENTS AND CONCERNS.
This website is operated by Amy Nicole Floral LLC DBA The Floral Coach, Springfield MO 65804. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: email@example.com. Thank you for visiting the Sites!
Online Bouquet Bootcamp™ Conference Agreement
This is a legal contract between Amy NIcole Floral LLC DBA The Floral Coach (“Bouquet Bootcamp™”) and you (“Client”, “I” or “You”) (collectively, the “Parties”); by signing the last page You agree to all of these contract terms.
In consideration of the mutual promises, covenants, and considerations herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto covenant and agree as follows:
Editor’s Note: This first section of the agreement will require the most customization on your part so that you can create a final agreement as customized to your conference as possible. This section allows for the most creative liberties in terms of how you phrase each section, so please, feel free to speak clearly and let the attendee know what to expect; the more “legal” terms will be in the second half of the Agreement!
The Bouquet Bootcamp™ will be held on Beginning Date- Ending Date, online. The Bouquet Bootcamp™ will be held virtually, and will include provide general explanation of the curriculum here; such as “photography instruction for stylists; generalized business instruction, etc”.
You will be responsible for providing your own web-camera enabled computer and an internet connection capable of supporting web-conferencing.
Initial Payment. To reserve your place the Bouquet Bootcamp™, You will be required to pay a non-refundable, non-transferable initial payment of amount. This amount is nonrefundable because we will likely not be able to fill your seat in the case that You have to cancel your attendance.
Following the nonrefundable initial payment, your payment schedule will be as follows:
[amount] due on [date]
(list out all payments and due dates)
Late or Unpaid Fees. If any fees are more than seven (7) calendar days past the due date, we reserve the right to suspend your attendance at the Bouquet Bootcamp™ until such payment is received. If any amount is unpaid within ten (10) business days of the due date, Bouquet Bootcamp™ reserves the right to terminate this Agreement without any further obligation or liability, and You further agree that any such amounts previously paid to Bouquet Bootcamp™ shall be deemed earned compensation. Returned checks are subject to a $50.00 returned check fee. You agree to keep a valid credit card on file and update Bouquet Bootcamp™ as soon as possible if your credit card information changes. You also agree not to dispute these charges with your credit card company, so long as the transaction is in line with the terms in this contract.
Payments. All payments made under this Agreement are nonrefundable. Bouquet Bootcamp™ is entitled to the total amount due under this Agreement.
What You Get At The Conference.
The Bouquet Bootcamp™ was created to (again, get creative here. State the “thesis” of your conference (it should mimic your statement in the opening paragraph)- what is the purpose of the conference? Education? Inspiration? Both? Give the attendee a statement of what the conference is for).
As an Attendee of Bouquet Bootcamp™, You will also receive (any other perks, such as admittance into a facebook group, a resource library, etc? List everything! )
Cancellation, Termination or Rescheduling.
Amy Nicole Floral LLC DBA The Floral Coach reserves the right to terminate this agreement, if the payments specified in Section 2(b) are not made.
Termination of Agreement. Shall either Party wish to terminate this Agreement for any reason other than a breach of the terms of this Agreement, or cancellation of the Event, change of heart, or date change/postponement of the Event, Amy Nicole Floral LLC DBA The Floral Coach shall not return any unearned fees, if any, paid up to the point of termination, and Amy Nicole Floral LLC DBA The Floral Coach will have no further obligation to you. Termination of this Agreement will be effective upon receipt of written notice by the receiving Party.
Cancellation by Client. If You decide to cancel your membership to Bouquet Bootcamp™ before DATE, You may do so at any time. However, You must provide Amy Nicole Floral LLC DBA The Floral Coach with written notice. Such termination will be effective upon receipt of the Notice, and the Amy Nicole Floral LLC DBA The Floral Coach will be entitled to retain the non-refundable, non-transferable Initial Payment identified in Section (insert Initial Payment Section number here) of this Agreement, regardless of when the Amy Nicole Floral LLC DBA The Floral Coach receives Notice of the cancellation, as well as any subsequent payments made by You prior to Amy Nicole Floral LLC DBA The Floral Coach receipt of the Notice.
Intellectual Property. You acknowledge that Amy Nicole Floral LLC DBA The Floral Coach owns, or has permission to use, all copyrights, trademarks, and other intellectual property rights in any written or online materials, workshops, or videos that may be used during the Bouquet Bootcamp™, or any related website or forum hosted on any platform by Bouquet Bootcamp™. Amy Nicole Floral LLC DBA The Floral Coach hereby grants You permission to use Amy Nicole Floral LLC DBA The Floral Coach intellectual property for your own personal use only. You agree not to copy, share, sell, or distribute any of these materials. If You or your employees or agents copy, share, sell, distribute, or use Amy Nicole Floral LLC DBA The Floral Coach materials in any way not authorized by Amy Nicole Floral LLC DBA The Floral Coach You agree to pay liquidated damages of five (5) times the total contract price to Amy Nicole Floral LLC DBA The Floral Coach.
Consent to Use Your Image. I consent to the use of my image or likeness in photographs, videos or recordings, whether altered or unaltered, taken at Bouquet Bootcamp™ for use by Amy Nicole Floral LLC DBA The Floral Coach in any media now known or unknown, and I waive and release any right to compensation and/or damages with respect to the use, display, distribution or other publication of such photographs, videos or recordings.
License Grant to Use My Photos, Videos, or Recordings. I grant Amy Nicole Floral LLC DBA The Floral Coach an unlimited, non-exclusive, perpetual right and license to use any and all photographs, videos, recordings or other records of Bouquet Bootcamp™ I may create or capture, in any media now known or unknown.
Confidentiality. Parties will treat and hold all confidential information of or relating to this Agreement, details of the Bouquet Bootcamp™ and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (herein “Confidential Information”) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement.
Liability for Third-Party Advice, Opinions, Etc. Amy Nicole Floral LLC DBA The Floral Coach provides general information only, and do not provide any financial, legal, medical or psychological services or advice. None of the content on Amy Nicole Floral LLC DBA The Floral Coach websites, social media, or any other channels prevents, cures or treats any mental condition. You are responsible for your own business and decisions, choices, actions and results. Amy Nicole Floral LLC DBA The Floral Coach disclaims any liability for your reliance on any opinions or advice contained in Amy Nicole Floral LLC DBA The Floral Coach websites, social media, or any other channels.
DISCLAIMER. Amy Nicole Floral LLC DBA The Floral Coach cannot, and does not, guarantee particular results. Amy Nicole Floral LLC DBA The Floral Coach disclaims all warranties, express or implied, to the fullest extent permissible by applicable law. Amy Nicole Floral LLC DBA The Floral Coach will not be liable for any damages from your use of, or inability to apply, information provided by Amy Nicole Floral LLC DBA The Floral Coach.
Representations and Warranties. Amy Nicole Floral LLC DBA The Floral Coach represents and warrants to You that (a) it has the right to enter into this Agreement, to grant the rights granted herein and to perform fully all obligations in this Agreement; (b) Amy Nicole Floral LLC DBA The Floral Coach’s obligations under this Agreement does and will not conflict with or result in any breach or default under any other agreement; (c) Amy Nicole Floral LLC DBA The Floral Coach has complied with all federal, state, and local laws requiring business permits, certificates, and licenses required to carry out the services to be performed under this Agreement. Both Parties represent and warrant that the signatures at the end of the Agreement are authorized on behalf of the respective party.
Limitation of Liability. You agree that to the fullest extent permitted by law, Amy Nicole Floral LLC DBA The Floral Coach’s MAXIMUM TOTAL LIABILITY FOR ANY CLAIMS, BREACHES OR DAMAGES BY REASON OF ANY ACT OR OMISSION, INCLUDED BREACH OF CONTRACT AND NEGLIGENCE, WITH THE EXCEPTION OF SECTION 4, SHALL BE LIMITED SOLELY TO THE DOLLAR AMOUNT OF THE FEES PAID BY YOU TO Amy Nicole Floral LLC DBA The Floral Coach. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, Amy Nicole Floral LLC DBA The Floral Coach SHALL NOT BE LIABLE FOR ANY CLAIMS FOR PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES, EMOTIONAL DISTRESS, MENTAL ANGUISH, LOST PROFIT, LOSS OF ENJOYMENT, LOST REVENUES AND/OR REPLACEMENT COSTS. You acknowledge and agree that these limitations reflect a fair allocation of risk.
ADDITIONAL TERMS AND CONDITIONS
General Terms. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise. Requests, demands, and other communications under this Agreement shall be in writing, and shall be deemed duly given if sent via the Notice Provision below. If any of the provisions of this Agreement are deemed to be invalid, illegal, or unenforceable, the provisions shall remain in effect to the extent allowed by law and the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. The performance of any condition or obligation imposed on a party under this Agreement may be waived only in writing by you or an authorized official of Amy Nicole Floral LLC DBA The Floral Coach, and only to the extent stated in such writing. Headings and subheadings herein are for the convenience of the parties only, and no special meaning will attach to the headings. This Agreement will be deemed made in and governed by the laws of the state _____, without application of its principles regarding conflicts of law. Amy Nicole Floral LLC DBA The Floral Coach shall not be responsible for its failure to perform its obligations under this Agreement caused in whole or in part by events beyond its reasonable control. The Limitation of Liability Section shall survive the expiration or termination of this Agreement.
Dispute Resolution. Choose either i, ii, or iii.
Mediation: If a dispute arises under this Agreement, the parties agree to first submit the dispute to a mutually agreed-upon mediator in Greene county, Missouri. Any costs and fees other than attorney fees associated with the mediation will be shared equally between the parties. If the dispute is not resolved within chose a number of days after it is referred to the mediator, the Parties agree that the matter may be resolved in a court of law. If any court action is necessary to enforce this Agreement, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled
Arbitration: The Parties agree to forego their right to take any potential dispute arising out of this Agreement to court. If a dispute arises under this Agreement, it shall be settled exclusively by submitting to a mutually agreed-upon arbitrator in a Greene county,Missouri. Judgment by the arbitrator will be binding upon the parties. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
Court: If a dispute arises under this Agreement, any party may take the matter to court. The prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.
Compliance With Law. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
Amendments. The parties may amend this Agreement only by the parties’ written agreement with proper Notice.
Assumption of Risk. Client and related parties/participants expressly assume any risk of services and related activities as described herein.
Waiver. The failure of any Party to require strict compliance with the performance of any obligations and/or conditions of this Agreement shall not be deemed a waiver of that Party’s right to require strict compliance in the future or construed as consent to any breach of the terms of this Agreement.
Indemnification. To the extent permitted by applicable laws, both Amy Nicole Floral LLC DBA The Floral Coach and You agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever, including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
Merger. This Agreement (including attachments (name any specific attachments here) constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties.
Force Majeure. Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), pandemic, epidemic, governmental order, or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Notice. All notices, requests, claims, demands and other communications between the parties shall be in writing. All notices shall be given (a) by delivery in person, (b) by a nationally recognized next day courier service, or (c) by first-class, registered or certified mail, postage prepaid, to the address of the party specified in this Agreement or such other address as either party may specify in writing (d) list any other notice form you’d like, such as email. Delete any of these options that don’t apply to you. Such notice shall be effective upon (a) the receipt by the party to which notice is given, or (b) on the third day following mailing, whichever occurs first. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
Amy Nicole Floral LLC DBA The Floral Coach’s Email: firstname.lastname@example.org
Amy Nicole Floral LLC DBA The Floral Coach’s Address: 3263 S. Glenhaven Ave Springfield, MO 65804
Counterparts and Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and which collectively shall constitute one agreement. Use of fax, email and electronic signatures shall have the same force and effect as an original signature.
By entering my name and the date below, I assert that I have read, understood and agreed to this entire document.
[Amy Balsters] [Owner, Amy Nicole Floral LLC DBA The Floral Coach]
[Client’s Name] [Client’s Title, Business Name (if applicable)]
ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT
The following must be carefully read and signed in consideration of being permitted to participate in any portion of the in-person Bouquet Bootcamp™. As used in this Waiver, the term “Releasees” is defined to include the following: (i) Amy Nicole Floral LLC DBA The Floral Coach, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, representatives, successors and assigns (collectively, “Conference Name”); (ii) any Amy Nicole Floral LLC DBA The Floral Coach employees or volunteers; and (iii) list any individuals personally.
Assumption of Risk and Release from Liability: I acknowledge that, by engaging in Bouquet Bootcamp™, I voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property. I release, covenant not to sue, and hold Releasees harmless for any and all liability to me, my personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether known or unknown, arising out of or connected with my attendance or participation in BouquetBootcamp™, whether or not caused by the active or passive negligence of the Releases.
In the event that the release and hold harmless provision is held unenforceable for any reason, I agree to limit any damages claimed to the total paid to Amy Nicole Floral LLC DBA The Floral Coach for Bouquet Bootcamp™, whether paid by me or a third party.
Safety and Medical Care. I am able to safely participate in Bouquet Bootcamp™ and have no medical condition that would make my participation in Bouquet Bootcamp™ more hazardous. I consent to medical care and transportation in order to obtain treatment in the event of injury to me as Bouquet Bootcamp™, volunteers or medical professionals may deem appropriate and understand that this Waiver & Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
Following Rules, Instructions. I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by Bouquet Bootcamp™ through its employees, representatives or agents and to abide by any decision of any Bouquet Bootcamp™ staff or volunteers, or Bouquet Bootcamp™ vendors or contractors, relative to my ability to safely participate in or attend Bouquet Bootcamp™.
Appropriate Behavior; Dismissal Without Refund. I understand and agree that I am expected to exhibit appropriate behavior at all times while at Bouquet Bootcamp™ and to obey all local, state and federal civil and criminal laws while participating in or attending Bouquet Bootcamp™. This includes, generally, respect for other people, equipment, facilities, or property. Bouquet Bootcamp™ may dismiss me, without refund, should my behavior endanger the safety of or negatively affect Bouquet Bootcamp™ or any person, facility or property. I agree to make all payments outlined in the Agreement even if I am dismissed from Bouquet Bootcamp™.
Damage or Theft of Property: I understand and agree that the Releasees are not responsible for any personal item or property that is lost, damaged or stolen at or during the Bouquet Bootcamp™.
I acknowledge that I have carefully read this agreement and fully understand that it is a binding contract and release of liability, express assumption of risk and indemnity agreement. I am aware and agree that by executing this agreement, I am giving up my right to bring a legal action or assert a claim against Releasees for their negligence, or for any defective product used while participating in Bouquet Bootcamp™. I have read and voluntarily signed the agreement and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
WELCOME TO THE Bouquet Bootcamp™
Terms and Conditions of Purchase
THE SECTION BELOW TITLED “BINDING ARBITRATION” CONTAINS A BINDING ARBITRATION AGREEMENT. BECAUSE THIS SECTION AFFECTS YOUR LEGAL RIGHTS, WE ASK THAT YOU PLEASE READ THEM.
1. PRICES AND PAYMENT TERMS
The prices for the Program shall be as stated:
The price for the program is ________
Payment shall be made by credit or debit card.
Upon purchase, you will receive a username and password for each subscription you purchase in the Order. For example, if you purchase only one subscription, you will receive only one username and password, and only one person may access and use the Product.
2. REFUND POLICY
To request a refund, email me at email@example.com. The choice of whether or not to issue a refund is in our full discretion. In order to qualify for a refund, you must: here is some proposed language:
You can participate in the Program for up to 30 days. If, after 30 days, you do all the assigned work and don’t get value or feel your learning style doesn’t match the way in which we teach, we’ll happily refund the money you’ve paid us under this Agreement less any external fees subject to the following conditions:
Deadline to Apply for Refund. To be eligible for a refund, you must submit your request by 11:59pm EDT on the 29th day from when you purchased the course. The deadline exists because if you sign up for the course, we want you to get as much value from the course as possible. However, if you sign up but do not plan on beginning immediately, please make sure this is the right investment for you, as the refund does have a firm deadline.
Completed Course Work. In order to obtain your refund pursuant to this guarantee, you must contact Amy Nicole Floral LLC DBA The Floral Coach to discuss how much of the course you completed. To be considered eligible for a refund, Amy Nicole Floral LLC DBA The Floral Coach will determine whether or not you have completed the coursework and watched a substantial portion of the videos. The conversation will take place on email or other means coordinated with firstname.lastname@example.org .
Company Discretion. After you submit your materials, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.
3. INTELLECTUAL PROPERTY
You understand and agree that the Products contain proprietary information and materials, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, and sound recordings, (collectively, the “Product Content”) including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement embodied in the Program that are owned by Amy Nicole Floral LLC DBA The Floral Coach and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including any sharing or social media sites, is considered stealing and an infringement of our intellectual property rights, and Amy Nicole Floral LLC DBA The Floral Coach will prosecute such misconduct to the fullest extent permitted by law.
Amy Nicole Floral LLC DBA The Floral Coach provides you with the Products solely for your own personal, noncommercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. You will not use any Product Content in a manner that constitutes an infringement of Amy Nicole Floral LLC DBA The Floral Coach’s rights or that has not been authorized by Amy Nicole Floral LLC DBA The Floral Coach. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content. You may, however, from time to time, download and/or print one copy of individual pages of the Product Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
By using the products, you understand and are aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Amy Nicole Floral LLC DBA The Floral Coach, the Products, or the Product Content, or infringe on any of Amy Nicole Floral LLC DBA The Floral Coach’s or its licensors’ intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by Amy Nicole Floral LLC DBA The Floral Coach and/or its licensors, which reserve all of their rights, title, and interest in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF Amy Nicole Floral LLC DBA The Floral Coach AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
The trademarks, service marks, and logos of Amy Nicole Floral LLC DBA The Floral Coach (the “Amy Nicole Floral LLC DBA The Floral Coach Trademarks”) used and displayed in the Products are registered and unregistered trademarks or service marks of Amy Nicole Floral LLC DBA The Floral Coach. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the trademark as part of a link to or from any site is prohibited unless the establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Amy Nicole Floral LLC DBA The Floral Coach Trademarks inures to our benefit.
4. THIRD-PARTY MATERIALS AND WEBSITES
Amy Nicole Floral LLC DBA The Floral Coach may provide links to third-party materials and websites as a convenience to you. These links are provided solely as a convenience to you and not as an endorsement by Amy Nicole Floral LLC DBA The Floral Coach of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Amy Nicole Floral LLC DBA The Floral Coach shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Amy Nicole Floral LLC DBA The Floral Coach will not be liable for your improper use of third-party materials and websites. Any affiliate links that linked on the site will be clearly marked; however, we encourage you to reach out with any questions you may have regarding affiliate links. Company marks (whether or not registered) may not be used for any reason without written permission. Client agrees not to register, operate, or lease any domain with a confusingly similar name to any such mark without permission of Company.
5. REPRESENTATIONS AND WARRANTIES
THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS. WE’VE TAKEN REASONABLE EFFORTS TO ENSURE THAT WE ACCURATELY REPRESENT OUR PROGRAMS AND THEIR ABILITY TO HELP YOU GROW YOUR BUSINESS. HOWEVER, Amy Nicole Floral LLC DBA The Floral Coach DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR EARN ANY MONEY USING ANY OF OUR PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PRODUCTS IS AT YOUR SOLE RISK. BY PURCHASING THE PRODUCTS, YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING YOUR EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS AND BUSINESS, WHICH ARE DEPENDENT ON PERSONAL FACTORS INCLUDING, BUT NOT NECESSARILY LIMITED TO, YOUR SKILL, KNOWLEDGE, ABILITY, DEDICATION, BUSINESS SAVVY, NETWORK, AND FINANCIAL SITUATION, TO NAME JUST A FEW. YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY OUR CUSTOMERS OR AUDIENCE REPRESENTED IN OUR PRODUCTS, PROGRAMS, WEBSITES, CONTENT, LANDING PAGES, SALES PAGES, OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY US, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN OUR PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY OUR OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE.
LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) Amy Nicole Floral LLC DBA The Floral Coach, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OF THE PRODUCTS OR PURCHASES HEREUNDER; AND (II) YOUR DIRECT DAMAGES SHALL BE LIMITED TO THE FEES YOU PAID FOR THE APPLICABLE PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
6. ADDITIONAL TERMS AND CONDITIONS
A. GOVERNING LAW. The Parties have entered into this Agreement in the State of Missouri and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the state of Missouri, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of Missouri, and that venue of any action will be located in the District Court of Greene COUNTY, Missouri.
C. BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.
D) TERMINATION. Amy Nicole Floral LLC DBA The Floral Coach is committed to providing all customers with a positive experience. If you fail, or Amy Nicole Floral LLC DBA The Floral Coach suspects that you have failed, to comply with any of the provisions of this Agreement, Amy Nicole Floral LLC DBA The Floral Coach, in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Products and/or your participation in program without refund; and/or (b) terminate this Agreement. Your obligations to Amy Nicole Floral LLC DBA The Floral Coach under this Agreement will survive expiration or termination of this Agreement for any reason.
E) MODIFICATIONS AND AMENDMENTS. Amy Nicole Floral LLC DBA The Floral Coach reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access and use of the Products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Products will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on Amy Nicole Floral LLC DBA The Floral Coach’s website or you may be notified by either email or postal mail. If you have any questions, please contact us directly at email@example.com.
F. INDEMNIFICATION. To the extent permitted by applicable laws, both Parties agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expenses whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
G. BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF MISSOURI, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
H. EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Amy Nicole Floral LLC DBA The Floral Coach’s intellectual property rights and confidential and proprietary information by you, Amy Nicole Floral LLC DBA The Floral Coach will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Amy Nicole Floral LLC DBA The Floral Coach may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in Greene COUNTY, Missouri, United States of America for purposes of any such action by Amy Nicole Floral LLC DBA The Floral Coach.
I. ENTIRE AGREEMENT, COMPLIANCE WITH LAW, WAIVER. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third-party beneficiary. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
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