Terms of Service
PreferredFlorist.com, LLC. (PreferredFlorist.com) provides a collection of tools and resources to manage an online store, process orders and sell products online (the "Services"). The following are the terms and conditions for use of the Services, along with any amendments thereto and any operating rules or policies that may be published from time to time by PreferredFlorist.com.
1. Services and Support
1.1 The Services are provided subject to the following terms and conditions and any operating policies that PreferredFlorist.com may establish (the "Agreement"). PreferredFlorist.com may make changes to this Agreement, and continued use of the Service constitutes Customer's acceptance of any such changes. In addition, when using particular PreferredFlorist.com services, Customer and PreferredFlorist.com shall be subject to any posted guidelines or rules applicable to such Services that may be posted from time to time on our website PreferredFlorist.com
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18.
1.3 The Services provides a collection of tools and resources to manage an online store(s), process orders and sell products online.
1.4 Customer must complete a registration form located online at PreferredFlorist.com’s website in order to use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the registration form as we rely on this information to establish an account. As part of the registration process, Customer will identify an e-mail address for the Customer's PreferredFlorist.com account. This email address will be used as our primary method of communication for account updates or training opportunities. Commission payments will be mailed to the physical address given during registration unless another address is communicated to us by phone or email. PreferredFlorist.com reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
2. Restrictions and Responsibilities
2.1 This is an Agreement for Services, and Customer is not granted a license to any software by this Agreement. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services or any software, documentation, or data related to the Services ("Software"); modify, translate, or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
2.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with PreferredFlorist.com's privacy policies as published on PreferredFlorist.com or otherwise furnished to Customer (the "Policy") and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation).
2.3 For every e-mail message sent in connection with the Services, Customer acknowledges and agrees that the recipient has agreed to receive such communication and that Customer shall not engage in the act of sending unsolicited emails.
2.4 In using the varied features of the Services, Customer may provide information (such as name, contact information, or other registration information) to PreferredFlorist.com. PreferredFlorist.com may use this information and any technical information about Customer's use of this web site to tailor its presentations to Customer, facilitate Customer's movement through this web site, or communicate separately with Customer. PreferredFlorist.com will not provide information to companies Customer has not authorized, and PreferredFlorist.com will not permit the companies that get such information to sell and redistribute it without Customer's prior consent.
3.1 Customer may terminate this Agreement with 30 days advance notice of termination by sending an e-mail message to info@PreferredFlorist.com or by sending written notice to PreferredFlorist.com, LLC at 1415 South Voss, Box #110-110, Houston, Texas 77057.
3.2 PreferredFlorist.com may terminate this Agreement or the Services at any time with or without cause, and with or without notice. PreferredFlorist.com shall have no liability to Customer or any third party because of such termination.
3.3 Upon termination for any reason, PreferredFlorist.com may delete any Customer archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.
4. Warranty Disclaimer
4.1 CUSTOMER USES THE SERVICES AT ITS OWN RISK. PreferredFlorist.com DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND PREFERREDFLORIST.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
5. Limitation of Liability
5.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY PreferredFlorist.com AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), OFFICERS, MANAGERS, MEMBERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF PREFERREDFLORIST.COM, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Complaint Resolution, Vendor fulfillment Responsibilities and Designation
6.1 If for any reason a customer complains about delivery mistakes, delays or product quality, we will make best efforts to remedy the issue. We reserve the right to make a refund or credit decisions with the understanding that your businesses reputation for service excellence must be protected at all times.
6.2 If upon registration you have requested PreferredFlorist.com to designate a local florist to receive and fulfill your orders, we will be financially responsible for any refunds or credit offered in the course of business.
6.3 However, if you designate or instruct a representative or Affiliate of PreferredFlorist.com to designate a florist (or any vendor) to receive your online orders, we will rely solely on your judgment for vendor designation. Any refund or credit given will be deducted from your next payment of commissions. If for any reason whatsoever, you decide to terminate the vendor designation with your vendor we will assist you with the transition to a new vendor of your choice at no charge.
7.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
7.2 Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
7.3 No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind PreferredFlorist.com in any respect whatsoever.
7.4 This Agreement shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions.
7.5 We reserve the right to modify our pricing and we will notify you by email 30 days in advance when this occurs.
8. Payment and Renewal of Service
8.1 Term of Service. The term of Customer's subscription to the Services commences upon Customer's acceptance of these Terms and terminates as set forth above.
8.2 Payment. Customer agrees to pay all applicable fees for Services in effect at the time of registration and/or renewal, subject to these Terms as same may be modified by PreferredFlorist.com from time to time. PreferredFlorist.com LLC receives an order-processing fee that may range from $14.95 to $16.95. This fee covers the cost for our phone ordering support. An additional fee for credit card processing is also included in the retail price. Credit card processing fees are calculated as follows: Transactions under $100 will incur a fee of $3.00, which is added to the Merchandise Value of the total transaction. An additional $3.00 fee is also added for each $50 increment of merchandise value above $100.00.
8.3 Automatic Renewal of Account and/or Domain. As a courtesy and not as an obligation (contractual or otherwise), fourteen (14) days prior to the expiration of Customer's hosting account, PreferredFlorist.com will automatically renew Customer's hosting account, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Customer's originally-selected method of payment. Likewise, as a courtesy and not as an obligation (contractual or otherwise), fourteen (14) days prior to the expiration of Customer's domain, if registered with PreferredFlorist.com (or one of its Affiliates), or if transferred to and registered with PreferredFlorist.com (or one of its Affiliates), PreferredFlorist.com will automatically renew Customer's domain, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Customer's originally-selected method of payment. Customer acknowledges and confirms that the obligation to renew her/his/its account or domain is solely and exclusively the responsibility of the Customer, and is not the obligation (contractual or otherwise) of PreferredFlorist.com. While consenting to PreferredFlorist.com's performance of said courtesy, Customer hereby releases PreferredFlorist.com from all liability for its failure for any reason to renew said account or said domain. Customer acknowledges that there may be many reasons why PreferredFlorist.com is unable to renew said account or domain, including but not limited to inability of PreferredFlorist.com, for any reason, to bill said renewal to Customer's credit card, to contact or otherwise get response from Customer at last known email address, or otherwise. Customer acknowledges that said account and/or domain, if not renewed, for whatever reason, will expire on the account or domain expiration date, as applicable.
8.4 Cancellation of Automatic Renewal of Account or Domain. To cancel Automatic Account Renewal or Automatic Domain Renewal, Customer must notify PreferredFlorist.com of Customer's intent to cancel at least thirty (30) days prior to the account or domain expiration date, by directing Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification to PreferredFlorist.com, as applicable, by sending same via email to billing@PreferredFlorist.com.com. PreferredFlorist.com agrees that on receipt of Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification under the conditions stated above, no additional charges will be billed to Customer, and Customer's hosting account and/or domain, as applicable, shall expire on the account expiration date.
8.5 Cancellations and Refunds. PreferredFlorist.com does not provide a money back guarantee for new account registrations under any circumstances.
8.6 Violations of Intellectual Property Rights. Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. PreferredFlorist.com is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).
8.7 Backups. For its own operational efficiencies and purposes, PreferredFlorist.com or its vendors from time to time backs up data on its servers, but is under no obligation or duty to Customer to do so under these Terms. Under no circumstance will PreferredFlorist.com be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Customer's files and/or data on any PreferredFlorist.com or our vendor’s server.
8.8 Governing Law. This Agreement is made and is performable in Harris County, Texas, and any disputes arising from same shall be determined in accordance with the laws of the State of Texas
8.9 Warranty Disclaimer. YOU, THE CUSTOMER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. PREFERREDFLORIST.COM LLC HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY PREFERREDFLORIST.COM LLC OR PREFERREDFLORIST.COM LLC REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. PREFERREDFLORIST.COM LLC DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. PREFERREDFLORIST.COM LLC DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. PREFERREDFLORIST.COM LLC DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR PREFERREDFLORIST.COM LLC IN PARTICULAR.
8.10 Limitations on PreferredFlorist.com LLC's Liability. PREFERREDFLORIST.COM LLC SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL PreferredFlorist.com BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT PreferredFlorist.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. PreferredFlorist.com SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. PREFERREDFLORIST.COM’S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF CUSTOMER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL PREFERREDFLORIST.COM’S LIABILITY TO YOU, THE CUSTOMER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE CUSTOMER, TO PreferredFlorist.com FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE CUSTOMER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, PREFERREDFLORIST.COM’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8.11 Indemnification of PreferredFlorist.com. You, the Customer, agree to indemnify and hold PreferredFlorist.com, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from PreferredFlorist.com's own gross negligence or willful misconduct. PreferredFlorist.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Customer.