Siren Floral Co LLC
Last Modified: April 21, 2020
This Platforms are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using these Platforms, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platforms.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY:
We reserve the right to withdraw or amend these Platforms, and any service or material we provide on the Platforms, in our sole discretion without notice. We will not be liable if, for any reason, all or any parts of the Platforms are unavailable at any time or for any period.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to these Platforms, or portions of them, using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
INTELLECTUAL PROPERTY RIGHTS:
The Platforms and their entire contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (collectively the “Content”), are owned by the Company, 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.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Platforms for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide social media features in connection with certain Content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from these Platforms.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from these Platforms.
Decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Content, or otherwise distribute in any way the Content other than as specifically permitted in this Agreement.
You must not access or use for any commercial purposes any part of the Platforms or any services or materials available through the Platforms.
If you wish to make any use of material on the Platforms other than that set out in this section, please address your request to email@example.com.
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company, except in a manner constituting “fair use.” All other names, logos, product and service names, designs and slogans on these Platforms are the trademarks of their respective owners.
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platforms, or which, as determined by us, may harm the Company or users of the Platforms or expose them to liability.
Additionally, you agree not to:
Use the Platforms in any manner that could disable, overburden, damage, or impair the Platforms or interfere with any other party's use of the Platforms, including their ability to engage in real time activities through the Platforms.
Use any robot, spider or other automatic device, process or means to access the Platforms for any purpose, including monitoring or copying any of the material on the Platforms.
Use any manual process to monitor or copy any of the material on the Platforms or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Platforms.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platforms, the server on which the Platforms are stored, or any server, computer or database connected to the Platforms.
Attack the Platforms via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Platforms.
COOPERATION WITH LAW ENFORCEMENT AND REGULATORY BODIES:
We have the right to fully cooperate with any law enforcement authorities, regulatory agencies, or court order requesting or directing us to disclose the identity or other information of anyone sharing information with us through the Platforms. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
IMAGES, VIDEOS, AND TEXT:
We may display images, text, audio, and video (the “Material”) on the Platforms from time to time. The types of Material users are authorized to access on the Platforms includes Material commissioned by the Company, embedded Material, Material we believe to be covered by the Fair Use Doctrine, and Material supplied to our staff or released into the public domain by public relations and marketing companies for press purposes.
COPYRIGHT NOTICES - DMCA REQUESTS:
In accordance with the Digital Millennium Copyright Act (“DMCA”), we will remove any Content if properly notified that such Content infringes on your intellectual property rights. We reserve the right, at our sole discretion, to remove any Content without prior notice.
If we publish or are hosting Content that you think infringes your copyright, please email us at firstname.lastname@example.org and we will address your concerns.
If the Content falls into one of the categories listed above under IMAGES, VIDEOS, AND TEXT, we believe that our use is legitimate and we may not remove it from the Platforms. If you have corresponded with the Company directly, and thereafter choose to pursue a copyright notice, please note that we will respond only to notices of alleged infringement that comply with the DMCA. The text of the DMCA can be found at the U.S. Copyright Office Website.
To file a notice of infringement with us, you must provide a written communication by email to email@example.com with an attached and signed PDF that sets forth the items specified below. If we do not respond in 10 business days, please write again – high email volume and spam means we sometimes miss emails.
To enable us to address your concerns quickly and efficiently, please provide the following information in your notice email:
For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the Material.
Provide information reasonably sufficient to permit us to contact you - an email address and/or telephone number is preferred.
For images, provide the following to substantiate your claim to ownership of the copyright in the allegedly infringing image:
Proof of copyright in the image concerned, namely proof of copyright registration of the Image, or, absent such registration, a detailed description of the image – where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We may not comply with requests to remove an image if you cannot prove that you own the copyright in the image in question.
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the document and email it to firstname.lastname@example.org.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and we will have no obligation to respond or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our Platforms infringes your copyrights.
CHANGES TO THE WEBSITE:
We may update the Content on these Platforms from time to time, but its Content is not necessarily complete or up to date. Any of the material on the Platforms may be out of date at any given time, and we are under no obligation to update such material.
YOUR PERSONAL INFORMATION:
Users may opt to purchase course packs through the Platforms for online courses offered by the Company. Payment is due in full at the time of registration, unless otherwise noted on the Platforms. Most of the courses offered include curated floral products for use within the course; however, users should refer to the course descriptions on the Platforms for information on what is included in the pricing of each class. Not all supplies are included in the pricing of each class, and users understand that they may need to purchase additional items on their own.
At this time, we are unable to ship floral products outside of the United States, and as such, online floristry courses are only offered to course participants in the United States. Course participants are responsible for ensuring that they provide proper shipping information to the Company at the time of course purchase, as shipping information may not be able to be updated by the Company after purchase. Once the floral products have been tendered to FedEx for shipping to a course participant, the Company shall not be held responsible for any issues with shipping or losses in transit. If you have any issues related to shipping, please contact FedEx directly for assistance.
Due to the nature of global shipping, even when the floral product wholesalers follow the Company’s specific guidelines for processing, floral products may wilt, bruise, break, or otherwise be damaged in transit. As such, you understand and agree that the Company, as well as the wholesalers they partner with, shall not be liable for floral products that arrive in damaged condition. However, if there is an issue with any floral products you receive, we encourage you to contact email@example.com so we are made aware of the issue. Once you receive floral products, it is your responsibility to keep them alive and in proper shape.
You understand that course dates and times are subject to change, for any reason, at the sole discretion of the Company and at no penalty to the Company. The Company does its best to notify course participants of any upcoming changes as soon as reasonably possible, but it encourages participants to check the learning platform regularly for schedule adjustments, as this may be updated more quickly.
You understand that online courses are offered entirely through digital media. The Company shall make best efforts to teach course participants successfully and in a way that connects with each participant, but the Company makes no representations, guarantees, or warranties as to the effectiveness of the teaching as delivered. The Company will not be liable for any subjective dissatisfaction with the course or the learning outcomes of a course participant and no refunds will be offered for such dissatisfaction.
ONLINE PURCHASES AND REFUNDS:
Should there be a scheduling issue or other conflict, the Company may transfer the original purchase to another course date, pending availability. However, should a course participant decide to transfer their class enrollment instead of cancelling, the participant shall be responsible for paying for additional floral products for that course.
Course transfers are offered, and refunds may be offered at the sole discretion of the Company, for extenuating circumstances, including but not limited to death in the family, debilitating illness or injury, or complete destruction to floral products. However, if the floral products have already shipped prior to a course participant’s notice to the Company, the course participant shall be responsible for, at minimum, payment for the floral products.
The Company shall not be deemed in breach of this Agreement if the Company is unable to offer the courses or any portion thereof by reason of fire, earthquake, or other natural disaster, labor dispute, act of a public enemy, death, illness, or incapacity of any key Company employee or contractor, declaration of any national or state emergency, declaration of a pandemic/epidemic and/or global health crisis by the national or state government or the World Health Organization, or any local, state, federal, national or international law, governmental order or regulation, or any other event beyond the Company’s control (collectively “Force Majeure Events”). Upon occurrence of any Force Majeure Event, the Company shall give notice to course participants of its inability to perform or of delay in offering the course and shall propose revisions to the schedule for completion of the course. Such notice shall not be construed as a termination of this Agreement, unless otherwise stated in the notice provided, and this Agreement shall continue in force without entitling a course participant to any refund.
LINKS TO OTHER WEBSITES:
The Platforms contain links to other sites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to these Platforms, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Platforms is based in the state of California, in the United States of America. We provide these Platforms for use only by persons located in the United States, unless otherwise specifically indicated. We make no claims that the Platforms or any of their Content is accessible or appropriate outside of the United States. Access to the Platforms may not be legal by certain persons or in certain countries. If you access the Platforms from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES:
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Platforms will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platforms for any reconstruction of any lost data. No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. The Company has a variety of safeguards – technical, administrative, and physical – in place to help protect against unauthorized access to, use, or disclosure of user information. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORMS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS IS AT YOUR OWN RISK. THE PLATFORMS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORMS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORMS, THEIR CONTENT OR ANY SERVICES OBTAINED THROUGH THE PLATFORMS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORMS OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORMS OR ANY SERVICES OBTAINED THROUGH THE PLATFORMS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE FEDERAL OR STATE LAW.
If you have any issue or dispute with the Company, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. If we are not been able to resolve the dispute with you informally, both parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
Unless both parties agree otherwise, the arbitration will be conducted in San Diego County, California. Each party will be responsible for paying their respective AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
LIMITATION ON LIABILITY AND TIME TO FILE CLAIMS:
WAIVER AND SEVERABILITY:
YOUR COMMENTS AND CONCERNS:
These Platforms are operated Siren Floral Co LLC.
All feedback, comments, requests for technical support and other communications relating to the Platforms should be directed to email@example.com or 1878 Main Street, Unit F, San Diego, California, 92113.