Term Of Use
Updated January 14, 2023
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
This website,www.flowersbees.com (the “site”), is operated by Flowers Bees, LLC. Throughout the site, the terms “Flowers Bees,” “we”, “us” and “our” refer to Flowers Bees, LLC. Flowers Bees offers this site, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers or customers.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WordPress Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
Products are available in limited quantities and are subject to return or exchange only according to our Refund Policy.
We reserve the right to limit the quantities of any products or Services that we offer. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You are not permitted to resell or otherwise use the products you purchase from us for commercial purposes.
We reserve the right to discontinue any product at any time. All descriptions of products and product pricing are subject to change at any time without notice, at the sole discretion of us.
We use reasonable efforts to ensure the accuracy of product imagery and product information on our site, including information regarding ingredients, food allergens, best by dates, and nutrition information. However, we make no guarantee that such imagery and information is accurate and complete. FLOWERS BEES is not able to verify the accuracy or completeness of product information, which is provided by our suppliers.
Before consuming any product you purchase from us, please check the product package for information regarding ingredients, allergens, nutritional content, and best by date. If you have specific questions about the product’s suitability for you, you should contact the manufacturer directly.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. Any offer for any product or service made on this site is void where prohibited.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 2 – BILLING AND ACCOUNT INFORMATION
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide accurate contact information when placing an order on our site.
To access and use certain Services, you will need to register for a FLOWERS BEES account. By creating an account, you agree to (a) provide accurate, current, and complete billing and account information, (b) maintain and promptly update, as necessary, your account information, including your email address, phone number, and credit card numbers and expiration dates, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the site or your account. You further understand and agree that FLOWERS BEES may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination, or suspension of your account.
You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account.
SECTION 3 – CONSENT TO COMMUNICATIONS
By providing your contact information to us, and/or opting in to our SMS program, you expressly consent to receive and accept communications from FLOWERS BEES, including via mail, e-mail, phone calls, autodialed calls, push notifications, text messages (together, “Communications”) or other comparable means at any of the mailing addresses, e-mail addresses, and/or telephone numbers you provide. You agree that we may send such Communications for any transactional, customer service, order, or other account- or order-related matters, and, as applicable, for advertising, marketing or promotional purposes or other purpose you requested or consented to receive.
If you consent to receive promotional marketing and service-related text messages, YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE MARKETING TEXT MESSAGES AS A CONDITION OF PURCHASING ANY GOODS OR SERVICES. IF YOU WISH TO OPT OUT OF FLOWERS BEES MARKETING COMMUNICATIONS OR TEXT MESSAGES FROM US, YOU AGREE TO OPT OUT BY FOLLOWING ANY UNSUBSCRIBE INSTRUCTIONS PROVIDED TO YOU IN THOSE COMMUNICATIONS. EVEN IF YOU OPT OUT OF MARKETING COMMUNICATIONS OR TEXT MESSAGES, WE MAY STILL SEND YOU OTHER ESSENTIAL COMMUNICATIONS DIRECTLY RELATED TO YOUR ACCOUNT OR ORDERS. Once we receive your opt-out request for text messages, we will send you one last message to confirm the opt-out. You can opt-in again by responding JOIN. Message and data rates may apply.
Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with FLOWERS BEES. Your participation in this program is completely voluntary.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. For Service support or assistance, email us at [email protected].
SECTION 4 – SHIPPING AND DELIVERY
We use third-party carriers to deliver your orders and provide you with tracking information for every package. It is very important that you provide us with the proper shipping information and any special instructions that the delivery driver may need. Any order that requires reshipment due to incorrect address or delivery information will be the responsibility of the customer, and the shipping charges will be charged to the customer.
Any delivery dates that we provide are estimates only. Actual delivery dates may vary and are beyond the control of FLOWERS BEES.
SECTION 5 – GENERAL CONDITIONS OF SERVICE
We reserve the right to refuse service to anyone for any reason at any time. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Our Services are not targeted toward or intended for use by anyone under the age of 16.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 6 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 7 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 8 – INTELLECTUAL PROPERTY
The FLOWERS BEES name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of FLOWERS BEES or its affiliates or licensors. You must not use such marks without the prior written permission of FLOWERS BEES. All other names, logos, product and service names, designs and slogans on this site are the trademarks of their respective owners.
This site and all associated content, design, text, graphics, images, video, audio, and interfaces, as well the collection, selection, and arrangement thereof, and all associated software (collectively, the “FLOWERS BEES Materials”), are the sole and exclusive property of or duly licensed to, FLOWERS BEES. The FLOWERS BEES Materials are owned by FLOWERS BEES or its affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the site solely for your own non-commercial use. Any redistribution, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the site. You must not (i) modify copies of any materials from the site; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the site. You must not access or use for any commercial purposes any part of the site, or any services or materials available through the site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the site in breach of these Terms, your right to use the site and our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
SECTION 9 – DMCA COMPLIANCE
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of limiting access to this site by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe any materials accessible on or from the site infringe your copyright, you may request removal of those materials (or access thereto) from the site by contacting FLOWERS BEES (as set forth below) and providing the following information:
• Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number, and e-mail address.
• A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury”, you are the copyright owner or are authorized to act on the copyright owner’s behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to
Flowers Bees, 10304 W State Rd 235
Alachua, FL 32615, USA
or by email at [email protected].
SECTION 10 – USER CONTENT
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you post content on the site or send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us for any purpose. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 11 – PERSONAL INFORMATION
Your submission of personal information through the site is governed by our Privacy Policy. Click here to view our Privacy Policy.
You understand that content you provide to us (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL FLOWERS BEES OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS (COLLECTIVELY, THE “MARIE PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS OFFERED THROUGH, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, , EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE FLOWERS BEES PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR PRODUCTS EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS OR EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO FLOWERS BEES IN CONNECTION WITH THE SERVICES IN THE PRECEDING TWELVE (12) MONTH PERIOD. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE FLOWERS BEES’S SOLE LIABILITY AND OBLIGATION, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FLOWERS BEES AND YOU.
WE DO NOT LIMIT OR EXCLUDE OUR LIABILITY WHERE OR TO THE EXTENT THAT IT WOULD BE UNLAWFUL. CERTAIN STATE OR NATIONAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “GOVERNING LAW” SECTION OF THESE TERMS OF USE, THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 15 – FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). Our performance of the Services is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless the FLOWERS BEES Parties, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida without regard to choice of law principles.
SECTION 21 – DISPUTE RESOLUTION
If you have a complaint about our services that we are unable to resolve to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), FLOWERS BEES and you agree to resolve those disputes through binding arbitration or in small claims court instead of in courts of general jurisdiction.
YOU AND FLOWERS BEES AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, or patents,ALL DISPUTES THAT ARISE UNDER OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PAST, PRE-EXISTING, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) WILL BE RESOLVED BY INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). Unless you and FLOWERS BEES agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879. If the value of your claim does not exceed $10,000, FLOWERS BEES will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR FLOWERS BEES SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER PERSONS OR TO ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIMS AS A REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
You may elect to pursue your claim in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
SECTION 22 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
SECTION 24 – REFERRAL PROGRAM
Our referral program rewards our customers for spreading the word about FLOWERS BEES . Each time a new customer uses your unique referral code (“Referral Code”) at checkout, you’ll both receive a special offer. If you participate in our referral program by sharing your Referral Code, you’re subject to the following terms and conditions.
A “Qualified Referral” is a purchase made at www.FLOWERSBEES .com by a new customer who arrives at our website by using your Referral Code (a “Referred Customer”). You will receive credit for only one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not considered additional Qualified Referrals. You may not make purchases using your own Referral Code (for example, by using a different email address), and any orders using the referral code are sent to the same physical mailing address, your order will be canceled.
Only individual people are eligible to participate in FLOWERS BEES’S referral program. Businesses may not use referral codes for affiliate lead generation. You must comply with all “spam” laws. For example, any emails you send with your Referral Code must be created and distributed in a personal manner, and bulk email distribution is strongly discouraged. Any distribution of your Referral Code that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited. You may not post your Referral Code on coupon sites. Any Referral Codes on coupon sites will be automatically disabled, and you may be issued a new Referral Code in FLOWERS BEES’S discretion.
You may earn no more than 30 Qualified Referrals (i.e. referral rewards) per calendar year. You are responsible for any and all tax liability resulting from Referral Rewards.
FLOWERS BEES reserves the right to cancel its referral program or to change the terms and conditions of the program at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
FLOWERS BEES reserves the right to close the account of (and/or request payment of any discount or credit provided to) any customer who uses or attempts to use the referral program in violation of these terms and conditions or in violation of any applicable law or regulation. FLOWERS BEES also reserves the right to close the account of any customer whose Referral Code is found posted to coupon sites more than three times.
