FindaFlorist.com Registration Agreement

1. INTRODUCTION

Congratulations, you have decided to become a listed member of findaflorist.com (“Member”). Your membership in the findaflorist.com service (the “Service”) shall be subject to this Registration Agreement (the “Agreement”), as well as the terms of our Privacy Policy https://www.findaflorist.com/about-findaflorist#TOU and any other rules and policies posted on the Service from time to time with or without notice to you, all of which are hereby incorporated herein by this reference. By signing this agreement, you agree to be bound by this Agreement. We may, at any time and in our sole discretion, modify this Agreement with or without notice to you.

2. DESCRIPTION OF SERVICE; FEES

The Service consists of a database of florists in the United States of America & Canada and their basic contact information available via the World Wide Web (the “Web”) to the general public. Membership will entitle you, during the Term (as defined below) to have any number of your physical locations listed in the Service database. The fee for each location listing in the Service database shall be in accordance with pricing schedule in effect at time of enrollment (the “Service Fee”). The Service Fee shall be billed automatically to your Teleflora clearinghouse statement under the designation “Find - a - Florist”.

3. ELIGIBILITY

Membership in the Service is open to any florist located in the United States of America, whether a sole proprietorship (provided the florist is at least eighteen [18] years of age), partnership, limited liability company or corporation.

4. REGISTRATION

If you choose to register with the Service or otherwise provide personal or other information to the Service, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form or other areas of the Service, and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to us that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Any personal or other information you provide to us is subject to our Privacy Policy. For more information, see our full Privacy Policy https://www.findaflorist.com/about-findaflorist#TOU

5. SUBMISSIONS

The information you submit for listing on the Service shall be truthful, complete and accurate. Any uniform resource locators you submit for listing on the Service shall point solely to Web sites for your floral business. You shall confine the information you submit for listing on the Service to the fields we provide, and shall submit information for such fields that is appropriate to the designations we provide for such fields. While we are always happy to hear from you, it is our policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as images, original artwork, etc. Any communication or material you do transmit to the Site by email or otherwise other than that requested by the fields we provide you will be treated as non-confidential and non-proprietary. Any content you transmit to or post on the Site may be used or published by us or our affiliates for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting in any media throughout the world and in perpetuity without restriction or compensation to you. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Service for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

6. POSTINGS

Although we may from time to time monitor materials submitted to the Service, we are under no obligation to do so and assume no responsibility or liability arising from the content of any such submissions nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any such submissions. You are prohibited from submitting or transmitting to or through the Service any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.

7. MODIFICATIONS TO SERVICE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. TERM AND TERMINATION

The term of this Agreement (“Term”) shall be six (6) months or twelve (12) months, and shall renew automatically thereafter until terminated by either party hereto by providing notice to the other as provided in this Agreement. We reserve the right, in our sole discretion, immediately and without notice to suspend or terminate this Agreement, your account and/or your membership in the Service, for any reason including, without limitation, any breach by you of this Agreement or conduct by you that we determine to be inappropriate. Without limiting the foregoing, if you post images or content to the Service that infringes the copyright of any third party, such conduct shall be grounds for immediate termination of your account.

9. ARBITRATION

The sole and exclusive jurisdiction and venue for resolving any controversy or claim arising out of or relating to this Agreement or the Service shall be through binding arbitration in Los Angeles County, California, including, without limitation, any dispute with respect to this arbitration provision, any claim in tort, or any claim for violation of any federal, state or local statute, or ordinance or regulation. The arbitration shall be conducted by JAMS/Endispute (“JAMS”), whose rules applicable to such disputes shall be in force, and judgment or the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. There shall be one arbitrator to be mutually selected by the parties, and if the parties cannot so select, the arbitrator shall be appointed by JAMS. The fees of the arbitrator, administrative fees, and the other fees and costs of the arbitration, including, but not limited to, the cost of any record or transcripts of the arbitration, shall be advanced by the parties to the arbitration in equal portions, and, in addition thereto, each such party shall advance the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case. THE PARTIES HERETO WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY ARBITRABLE CONTROVERSY OR CLAIM.

10. GENERAL INFORMATION

This Agreement constitutes the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. This Agreement and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. Unless otherwise provided herein, you and we agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the state of California. Any failure on our part to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11. NOTICE

Any notice which may or must be provided hereunder, if to you, may be provided by email at the address provided when you registered for your account or by posting on the Site, or if to Teleflora LLC, shall be made in writing and addressed to:

Teleflora LLC
11444 West Olympic Boulevard, 10th Floor
Los Angeles, CA 90064
Attn: General Counsel

If you should have any questions or concerns about the Service or this Agreement, you may send us an email at: legalnotices@teleflora.com.

© Teleflora LLC. All rights reserved.

Last updated 22-June-2023