Privacy Policy

Last modified August 8, 2022
 
PLEASE REVIEW THIS POLICY CAREFULLY

The following describes how Amy Nicole Floral LLC DBA The Floral Coach (“The Floral Coach,” Amy Nicole Floral”, “Bouquet Bootcamp”, “I,” “me” or “my”) uses and disseminates information you provide through www.thefloralcoach.com, www.bouquetbootcamp.com and its sub-domains and affiliated sites, as well as Amy Nicole Floral LLC DBA The Floral Coach pages and accounts on Twitter®, Facebook®, LinkedIn®, Instagram®, TikTok®, Clubhouse® and YouTube® (the “Sites). If you ever have questions about this Privacy Policy, please contact me at the information below. Please also review my full Terms and Conditions of Use, which also govern your use of the Sites. By using this Site, you are consenting to this Privacy Policy.

COLLECTION OF YOUR PERSONAL INFORMATION

Unless I expressly note otherwise, I do not collect personally identifiable information from users of my Sites. When you visit my Sites, some information about your computer hardware and software is inherently automatically collected, such as your IP address, domain name, browser type, access time and referring website addresses. I typically do not use this information for any purpose, but an example of when I may use this information is in implementing improvements and analyzing the Sites and for troubleshooting purposes. I also utilize this information to monitor and improve services and to ensure that your use of the Sites is in compliance with my Terms of Use. Most of our services do not require any form of registration, allowing you to visit the Sites without telling us who you are. However, some services, such as email opt-ins may require you to provide us with Personal Data. In such a case, you may choose to without any Personal Data requested by us, but it may not be possible for you to gain access to certain parts of the site or content. We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
 
 
INTERNATIONAL PRIVACY LAWS AND YOUR RIGHTS UNDER THE GDPR

If you are visiting the Site from outside the United States, please be aware that you are sending information to the United States where my servers are located. Information you submit may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by me. These countries (including the United States) may not necessarily have data protection laws as comprehensive protective as your country of residence; however, my collection, storage, and use of your data will at all times continue to be governed by this Privacy Policy.
 
If you are a member of the European Union (EU), you have special rights under the GDPR. Those include: You have the right to object to the processing of your data and the right to portability of your data. All complaints must be sent to support@thefloralcoach.com. You also have the right to erasure, rectification, access, or to seek restrictions to the processing of your personal data in our system. To the extent you provide consent to our processing of your personal data, you have the right to withdraw that consent at any time. Any withdrawal of consent does not apply to data collected lawfully prior to such consent. You have the right to lodge a complaint with a supervisory authority containing jurisdiction over GDPR related issues.
 
COOKIES: WHAT THEY ARE, AND WHY THEY ARE NEEDED

A cookie is a data text file sent from a website to your browser, for the purpose of identifying the user and allows access to portions of the website, thus alleviating the need to continually log in with your username and password. Cookies may be stored within your system. To the extent I use cookies, I can only access information from a cookie sent by one of the Sites, not other websites. I may use cookies to personalize your visit to my Sites because tracking usage allows me to best determine the needs of my customers and advertisers.
 
MY POLICY WITH MINORS

My Sites are not intended for individuals under the age of 18. If you are under 18, you may only use the Sites under the supervision of a parent or guardian. I do not collect or maintain information from anyone known to be under the age of 18, and no part of this website is designed to attract anyone under the age of 18. I do not sell products or services intended for purchase by children. If I discover or are otherwise notified that I have received any such information from a child in violation of this policy, I will delete that information.
 
DATA RETENTION

I only retain Personal Data collected from Users for as long as (the User’s account is active) or otherwise for a limited period of time as long as I need it to fulfill the purposes for which I have initially collected it unless otherwise required by law. I will retain and use information as necessary to comply with my legal obligations, resolve disputes, and enforce my agreements for a period of 10 years.
 
USE OF YOUR PERSONAL INFORMATION

If you do choose to provide your personal information, I will not willingly share your information with companies outside my organization, except as described in this Privacy Policy. You may at times receive communications from me related to products and services that I believe might interest you. While I believe these services may enhance your time spent at the Sites, you will at all times have the option and ability to opt out from receiving these communications by specifically choosing to do so via a link which will be provided within emails that I send to you. I may disclose total aggregated user statistics in order to describe my services to potential advertisers, other third parties, affiliate companies, and for other lawful purposes.
 
The information I gather from you may be used in several ways, either now or in the future, to gain a better understanding of my Sites’ users and their usage pattern as a whole, for site administration and troubleshooting, to process transactions, contest entries and other matters you initiate, to identify preferences in content and advertising, to target editorial, advertising or other content (such as promotions, special offers or other content) I think might be of interest to you. I may also use information I gather from you to communicate changes and improvements to my website or any registration you have made.
 
You have the right to request access to the information we have for you. You can do this by contacting us at support@thefloralcoach.com. We will make sure to provide you with a copy of the data we process about you In order to comply with your request, we may ask you to verify your identity. We will fulfill your request by sending your copy electronically unless the request specifies a different method. If you believe that the information we have about it is incorrect, or if you wish to remove your private information (such as an email address provided in an opt-in), you may contact us at support@thefloralcoach.com. Any data that is no longer needed for the purposes specified herein will be deleted.
 
I do not give away, sell, rent or lease any users’ personally identifiable information to any merchant, advertiser or web publisher. However, non-personally identifiable user information (such as usage pattern, browser type, and your computer) may be shared with third party businesses or advertisers with which I have a business or contractual relationship. I reserve the right to disclose personal information when needed to comply with the law or a legal process, cooperate with investigations of purported unlawful activities, to identify persons violating the law, in connection with the sale of part or all of Amy Nicole Floral LLC DBA The Floral Coach’s or its affiliates' assets, or to enforce my Terms of Use.
 
Please keep in mind that if you disclose personally identifiable information in a public manner through the Sites, this information may be collected and used by others accessing those portions of the Sites. I do not monitor information you disclose on the Sites nor do I accept any liability associated with your voluntary disclosure of the same.
 
You are responsible for reviewing the privacy statements and policies of other websites you choose to link to or from the Sites, so that you may understand how those sites collect, use and store your information. I am not responsible for the privacy statements, policies or content of any other websites. Websites containing co-branding (referencing my name and a third party’s name) contain content delivered by the third party and not me.

LIMITATIONS

By using the Sites you agree that I am not responsible for: (i) any disclosure of your personal information made by you to a third party through your use of the Sites; (ii) any disclosure of your personal information obtained illegally from me; or (iii) any accidental disclosure of your personal information made by me.
 
POLICY CHANGES

I may modify this Privacy Policy from time to time. Any modifications will be effective immediately when I post them. I will take steps to notify users of any modifications, however, you are responsible for reviewing any modified terms. When I update my Policy, I will note the date of revisions at the top of the Policy. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the Privacy Policy is included so that you can compare any different versions of the Privacy Policy to determine any changes made to the Privacy Policy.
 
YOUR COMMENTS AND CONCERNS

This website is operated by Amy Nicole Floral LLC DBA The Floral Coach, 113 Cherry St #92768, Seattle, WA, 98104-2205. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to support@thefloralcoach.com.
  
 
Notice under California Consumer Privacy Act
Last modified January 1, 2022
 
This Privacy Notice explains, in general, the procedures behind our collection, storage, and process of the information we may collect from you online, if any. This notice is intended to operate as a supplement to our Privacy Policy, for the sole purpose of defining rights that California consumers may have with respect to our Sites under the California Consumer Privacy Act of 2018 (“CCPA”).

Terms such as “personal information” and “processing” that are defined in the CCPA will have the same definitions in this Notice as we understand them to have under the CCPA. This includes exceptions to certain terms under the CCPA. For example, “personal information” under the CCPA does not include publicly available, aggregate consumer information, or de-identified, information.

The following chart is for the sole purpose of demonstrating the categories of information we may collect online, and other relevant information, such as why we collect information, how it is shared, if it is shared, and whether we sell that personal information.


Personal Information

If you would like to request additional information, please email support@thefloralcoach.com, and complete the following:

· Identify yourself
· Specify the information you request to be accessed, corrected, or removed

Please note that we reserve the right to request additional information to verify the above, including a form of government-issued identification. We additionally reserve the right to decline to process requests if you fail to provide either of the above, if we believe the request will violate any other law or legal requirement, cause the information to be incorrect, or jeopardize the privacy of others.  

Written responses to information requested under this section will be delivered by mail/electronically. If a request is declined, we will provide an explanation as to why. We will not discriminate against you for exercising any rights available to you under applicable law.

We additionally reserve the right to modify, or delete some or all of your information collected. In such a case, we will retain data as reasonably necessary to comply with any legal obligations, including regulatory, security, or dispute requirements, law enforcement requirements, to prevent fraud or abuse, or to enforce obligations, including any other requests from you.

To make a request, you’re welcome to contact us at the information provided in our Privacy Policy. You can designate an agent to make a request on your behalf in one of two ways: (1) having your agent send us a letter, signed by you, certifying that the agent is acting on your behalf and showing proof that they are registered with the California Secretary of State; or (2) by you and the agent executing and sending us a notarized power of attorney stating that the agent is authorized to act on your behalf. Please note that we may still require you to verify your identity before we process a request submitted by your agent.

Terms and Conditions

Last modified January 18, 2022
 
PLEASE READ THESE TERMS CAREFULLY

These Terms of Use (the “Terms”) govern your use of and access to www.thefloralcoach.com, www.bouquetbootcamp.com and its sub-domains and affiliated sites, as well as Amy Nicole Floral LLC DBA The Floral Coach’s (“The Floral Coach”, “Amy Nicole Floral”, “Bouquet Bootcamp”, “my”, “me” or “I”) pages and accounts on Facebook®, Twitter®, LinkedIn®, Google Plus®, Instagram, Tik Tok, Clubhouse, and YouTube® (the “Sites). Please read both these Terms and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, do not use the Sites. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.
 
SITE CONTENT

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.
 
INTELLECTUAL PROPERTY

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, LLC 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 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. 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 Greene County, Missouri.
 
YOUR COMMENTS AND CONCERNS

This website is operated by Amy Nicole Floral LLC DBA The Floral Coach, 1303 S Lexington Ave, A301, Springfield, MO 65807. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: support@thefloralcoach.com. Thank you for visiting the Sites!

Terms and Conditions for Online Workshops/Courses

Last updated 1/26/2023 

WELCOME TO THE BOUQUET BOOTCAMP®

Terms and Conditions of Purchase

These Terms and Conditions of Purchase (these “Terms and Conditions of Purchase”) sets forth your rights and responsibilities for accessing the Amy Nicole Floral LLC DBA The Floral Coach® course website at www.thefloralcoach.com and/or www.bouquetbootcamp.com and their sub-domains and affiliated sites, as well as Amy Nicole Floral LLC DBA The Floral Coach’s (“Amy Nicole Floral LLC DBA The Floral Coach®”, “Bouquet Bootcamp”, “Bouquet Bootcamp®”, “my”, “me” or “I”) pages and accounts on Instagram, Tiktok, Clubhouse, Facebook®, Twitter®, LinkedIn®, Google Plus®, and YouTube® (the “Sites). Please read both these Terms and my Privacy Policy carefully, which is incorporated into these Terms. This document constitutes a legally binding contract between Amy Nicole Floral LLC DBA The Floral Coach®, (“Amy Nicole Floral LLC DBA The Floral Coach®”) and other associated materials and sites linked hereto and operated or controlled by Amy Nicole Floral LLC DBA The Floral Coach®, (herein referred to as “Company”), and you regarding your purchase of video webinar content, website content, and printable materials (herein referred to as the “Program” or “Program Materials”). The program shall be deemed to be incorporated herein by reference in addition to this website’s terms of use (the “Terms and Conditions”) and privacy policy (“Privacy Policy”). These Terms and Conditions of Purchase, the Terms and Conditions, and the Privacy Policy are collectively referred to herein as this “Agreement.” In the event of any conflict between these documents with respect to your purchase, these Terms and Conditions of Purchase shall prevail over the Terms and Conditions; and the Terms of Use shall prevail over the Privacy Policy. By purchasing this product, you (herein referred to as “Client”) agree to the following terms as a condition of your participation in the Program.

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 price for Bouquet Bootcamp Online is one (1) payment of $597 USD; or three (3) payments of $209 USD; or six (6) payments of $110 USD; The price for Bouquet Essentials is one (1) payment of $197 USD; or three (3) payments of $69 USD; The price for Cascade Bouquets Made Simple is one (1) payment of $97 USD
• 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, contact us at https://thefloralcoach.com/course-contact. The choice of whether or not to issue a refund is in our full discretion. In order to qualify for a refund, you must: 

• Deadline to Apply for Refund. To be eligible for a refund, you must submit your request within 30 days 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 any potential refund, you must contact Amy Nicole Floral LLC DBA The Floral Coach® at https://thefloralcoach.com/course-contact 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.

• 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 Program contains proprietary information and materials, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement, and sound recordings, (collectively, the “Program 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®, Bouquet Bootcamp®, and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Program 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 Program solely for your own personal, noncommercial use, and you agree that you will not use any of the Program Content in any way whatsoever except for use in compliance with this Agreement. You will not use any Program 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 Program Content. You may, however, from time to time, download and/or print one copy of individual pages of the Program Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

By using the products/the Program, 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, imitate, or replicate Amy Nicole Floral LLC DBA The Floral Coach®, the Program, or the Program 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 Program and the Program 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 PROGRAM, 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.
 
If, in our sole discretion, you create any derivative works that reference, imitate, or replicate any of our resource guides, the Program, elements of the Program, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference, we will notify you in writing to the email address you provide at checkout. You will have seven (7) calendar days to remove any such infringing content. If you fail to comply with our request for removal within the required time frame, you expressly agree and understand that you will be liable for a $1000 penalty for every 7 day period that you fail to remove the content. If, after twenty-one (21) calendar days, you have failed to remove the offending content, you agree to pay $3000. If, after twenty-eight (28) calendar days, you have still failed to comply, you expressly agree to pay a penalty of $4000, or appear in court in Fairfax County, Virginia.

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 Program 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 are 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. You agree not to register, operate, or lease any domain with a confusingly similar name to any such mark without permission of us.

5. REPRESENTATIONS AND WARRANTIES

THE PROGRAM IS 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 PROGRAM. 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 PROGRAM, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR PROGRAM IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PROGRAM IS AT YOUR SOLE RISK. BY PURCHASING THE PROGRAM, 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 PROGRAM, 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 PROGRAM, 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 PROGRAM 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

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 Greene County, Missouri.

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.

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 Program 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.

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 Program. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Program 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 https://thefloralcoach.com/course-contact.

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.

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.

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 Fairfax County, Virginia, United States of America for purposes of any such action by Amy Nicole Floral LLC DBA The Floral Coach.

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.