TERMS OF USE

 

GENERAL PROVISIONS

This website is owned and operated by Posh Peony, LLC. (DBA Fleursociety) a California company. Our principal place of business is located at PO BOX 2352 Rancho Cucamonga, CA 91729.

You must be at least eighteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page is subject to change at any time.

The following Terms of Use are entered into by and between You and Fleursociety (“Company”“we”, or “us”).

The following terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of Fleursociety.com, including any content, functionality and services offered on or through Fleursociety.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, 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 Website.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

PRIVACY

Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

DISCLAIMER

Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, 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 this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name 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.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

NO UNLAWFUL OR PROHIBITED USE AND INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use.

As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.

The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

The Company name, the Company logo, the Company slogan, 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. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

ACCURACY AND PERSONAL RESPONSIBILITY

As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.

NO GUARANTEES AS TO RESULTS

As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

EMAIL AND OTHER ELECTRONIC COMMUNICATIONS

Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

USE OF COMMUNICATION SERVICES

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

MATERIALS PROVIDED TO THE WEBSITE

The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LINKS TO THIRD PARTY WEBSITES AND SERVICES

The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.

Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.

USE OF TEMPLATES AND FORMS

The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.

By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL

The Company from time-to-time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.

By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

USE OF FREE DOWNLOADABLE CONTENT

The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.

By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.

GUESTS

The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.

NO REFUNDS ON RESOURCES

Due to the digital nature of our products and services, we DO NOT offer any refund or returns for any products or services sold on our website(s) for any reason. All sales are final on all templates, guides, webinar recordings, video tutorials, LIVE events, or MEMBERSHIP and the Company does not offer any money-back guarantees on these resources. You recognize and agree that you shall not be entitled to a refund for any of these purchases under any circumstances.

MONEY BACK GUARANTEE ON COURSES

We want you to be satisfied with your course purchases but we also want you to give your best effort to apply all of the strategies in our courses. We offer a 30-day refund period for all courses. However, in order to qualify for a refund you must submit proof that you did the work in the course and that the course still did not work for you. Please note, if you select the multiple payment option we are not able to stop payments without a refund request being submitted.

With respect to any purchase, you must request your money back within 30 days of the purchase. You may request your money back by emailing hello@fleursoceity.com. That email must contain information about the product you purchased, the date of the purchase, and the email and name associated with any such purchase. You must also demonstrate that you have attempted to implement the program without success. To meet this requirement, you must submit the work outlined below (based on the program you are requesting a refund for):

HoneyBook PlayBook
The work that you need to submit with your request for a refund includes ALL of the following items:

  • A link to your inquiry form

  • A link to your website where you’ve created a homepage opt-in opportunity for your lead magnet.

  • Your homepage opt-in must be connected properly to your email service provider so that we can opt-in and access your lead magnet as your subscribers will be doing.

  • A link to review your email "Nurture Series" in use.

  • A link to your Confirmation/Thank You Page that you will use to redirect your new subscribers to after they sign up for your lead magnet.

  • A link to view your templates in use including: emails, brochures, questionnaires, and workflows.

  • A link to view your workflow in use.

  • Client inquiries using this course strategy

  • Client workspace interaction using this course strategy

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under these Terms of Use or any other agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

MEMBERSHIP SITE TERMS AND CONDUCT

Upon joining, you will be given access to a members' only area via secure link and login using an email and password. You agree to not share your login credentials or the secure link with anyone for any reason. You will not share your username and password with any person who did not pay for access to this program. You also agree that you will not sell access to this program and will not sell any of its content without written permission.

Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.

You understand and agree to not place an unreasonable burden on the server hosting this web site or membership site, to not interfere with the running of this web site and to not attempt unauthorized access to any portion of this web site.

You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.


RECURRING PAYMENTS

The monthly membership is an ongoing, recurring, subscription. By joining as a monthly or annual member, you understand that the credit card information you provide upon registration will be charged each month or year on your monthly or annual subscription anniversary date until you or we cancel your membership.

You also understand that you are responsible for any missed or failed payments due to cancelled, changed, or altered payment information that you do not provide to us.

Failure to pay does not cancel your membership payment obligation. If we cannot collect your monthly payment, your membership will be cancelled by us and an outstanding balance will be placed on your account. You are responsible for all outstanding membership balances whether or not you maintain an active membership. We reserve the right to collect any and all payments due to us using our collection agency.

If you wish to cancel your membership, you must do so using the settings found in "Your Account" or by contacting hello@fleursociety.com. If you do not wish to maintain a recurring monthly membership but would still like to access, please register for an annual or lifetime membership. We do no offer month-to-month memberships and you may not purchase one month of membership at a time. All monthly memberships are recurring monthly subscriptions and all annual memberships are recurring annual subscriptions.

Payments

You represent and warrant that when making purchases from FLEURSOCIETY that any credit card or payment information you give us is accurate and complete; and, any charges incurred by you will be honored by your financial institution or credit card company; and, you will pay the charges incurred by you, including any and all taxes; and, if your payment method is not honored for any reason, you will still pay any incurred charges, including any surcharge we may incur due to the failed payment.

When you join, you will pay upfront for the first month in full. You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password).

You hereby authorize FLEURSOCIETY to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. All charges are in USD. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.


TERMINATION OF MEMBERSHIP

You may terminate your membership with us at any time for any reason using the settings found in "Your Account." Your membership with us is effective until terminated by you or us. Your rights found within these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. You agree that upon termination, you will stop representing yourself as a member. Additionally, you must delete or destroy any information or content (including all copies) obtained from the membership website. Copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues survive the termination of any membership.

MEMBERSHIP TYPES

FREE TRIAL: a free trial membership is valid for a pre-determined amount of time. Free trial members are still bound by these terms and conditions. To begin a free trial, members must provide payment information. At the end of the free trial period, a monthly membership will automatically begin. Member may terminate their membership - by following all guidelines outlined in the Termination of Membership section of these terms and conditions - before or after their trial ends. There are no refunds given for free trials or monthly dues that are automatically drafted at the end of a free trial.

MONTHLY: a monthly membership is valid for 30 days from the date you join and automatically renews each month on your original subscription date. You may cancel your membership at any time in your member account area. You will continue to have access until your monthly membership subscription anniversary date.

ANNUAL: an annual membership is valid for 365 days from the date you join and automatically renews each year on your original subscription date. You may cancel your membership renewal at any time in your member account area. You will continue to have access until your annual membership subscription anniversary date.

LIFETIME: a lifetime membership is valid for the life of this product. FLEURSOCIETY reserves the right to discontinue any product or service at any time for any reason. Your membership continues in perpetuity until this product is discontinued or disabled.

NO WARRANTIES

The company makes no warranties regarding the performance or operation of this website. The company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website. To the fullest extent permissible under the law, the company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

LIMITATION OF LIABILITY

You agree to absolve the company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this website. You agree that the company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website.

The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The company and/or its suppliers may make improvements and/or changes in the website at any time.

The company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if the company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.

ARBITRATION

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in San Bernardino, California. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

INTERNATIONAL USERS

The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

TERMINATION AND ACCESS RESTRICTION

The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

NO JOINT VENTURE OR OTHER RELATIONSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS

The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

 

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LICENSING AGREEMENT

The following Terms and Conditions are entered into by and between You (“Licensee”) and Fleursociety (“Company”“we”, or “us”).

This Agreement is effective when you download a free resource or purchase a template product from this shop and is controlled by the following terms and conditions:


DEFINITIONS

Template(s) - as used in this Agreement, includes any graphic design, template, logo, branding, images, documents, tools, or fonts that are designed and created by Fleursociety and that is available for licensing on the Fleursociety website.

Customized Template - a template that is custom created and contains details and parameters requested by Licensee.

Client - a person or entity who pays Licensee to provide them with Licensee’s services.

SERVICES

Licensing of Templates - Fleursociety will permit Licensee to license its templates. Licensee may license Fleursociety templates by paying for them individually.

Required Software - Please read the product descriptions carefully to note what software is necessary to edit each template. Most templates require the latest version of Adobe Photoshop, Adobe InDesign, Adobe Acrobat, WORD, EXCEL, POWERPOINT, CANVA, GOOGLE DOCS, or any combination of theses. Fleursociety will not customize templates any further to work on any other platform. It is your responsibility to read the product description and determine that you have all necessary software/programs required to use a template before you finalize your purchase.

Image Usage - All images in our templates and guides are copyrighted and the property of Fleursociety or the resources outlined in the product credits. You may not use our images in your own materials. You may edit and replace them with your own images. Claiming these images as your own would be a copyright violation. The only exception to this includes the purchase of stock photos that may be used in any templates or documents when noted.

Copywriting Usage - All text/verbiage included in each template or document is yours to use. Each piece is written by Fleursociety and created to make your creation process simple. Our templates should serve as a starting point to inspire your creativity. However it is highly suggested to edit all text and photos to fit your brand.


LICENSING

This Agreement gives Licensee the right to use Fleursociety customized templates as described below:

Permitted Uses - Effective upon this Agreement and receipt of payment from Licensee, Fleursociety grants Licensee a non-exclusive license to download, reproduce and use Fleursociety templates as necessary for Licensee’s personal or internal business purposes, provided Licensee complies with the terms of this Agreement, including Sections IV(B) and VI, below. Internal business purposes do not include use by a third party or any parent, subsidiary, affiliate, partner, or licensee of Licensee. Licensee is entitled to provide Fleursociety templates to Licensee’s clients in accordance with Section IV(B)(2), below.


Downloading: Licensee may download a template from Fleursociety’s website up to three (2) times at one (1) IP address.

Restrictions on Use - Fleursociety’s templates are licensed, not sold. In signing this Agreement, Licensee receives no title to, ownership of or legal rights to any of Fleursociety’s templates, except those rights expressly granted in Section IV(A), above. Licensee agrees that Licensee will not:

1. Modify, create derivative works from, or otherwise alter any of Fleursociety’s templates. Licensee has no right to use templates to develop a different template that is closely related or resembles template content or design.

2. Distribute to parties other than Licensee’s clients, display publicly, sublicense, share or make available for use any of Fleursociety’s templates. Licensee must not distribute templates to its client(s) in a way that allows the client(s) to reproduce or re-use the template.

3. Reverse engineer, disassemble, decompile or attempt to derive any source code or base construction of Fleursociety’s templates.

4. Download and use a template at more than one IP address, unless otherwise agreed to with Fleursociety in writing.

DELIVERY AND ACCEPTANCE

Once Licensee complete purchase, Licensee will be entitled to download templates for which Licensee has paid in accordance with Section VI, below. By making the templates available for download from its website, Fleursociety satisfies its responsibility to deliver its templates to Licensee. By downloading the templates, Licensee accepts full delivery of the templates by Fleursociety.

PAYMENT METHODS

Per Template - Licensee may pay for individual templates. Payment for the template is due in full at the time of this Agreement.

No Refunds - Licensee is not entitled to a refund of any kind once template has been purchased and downloaded.

 

AGREEMENT MODIFICATIONS

Fleursociety reserves the right to change or amend this Agreement. In such an event, Fleursociety will notify Licensee of the modified Agreement.

WARRANTIES

Downloads - Fleursociety warrants that Licensee will be able to download its templates from shop website.

Ownership - Fleursociety warrants that it is the owner of the templates offered for licensing on its website. It has full power and authority to license its templates. Licensee warrants that no third party has ownership rights to any materials Licensee requests for use in a customized template.

Disclaimer - Except as provided in this Agreement, Fleursociety makes no warranties, whether express or implied, of merchantability, usefulness or fitness for a particular purpose of its templates. Fleursociety does not warrant that its templates will function without interruption or in accordance with Licensee’s intentions.

Limitation of Liability - Besides as otherwise authorized in this Agreement, Licensee agrees to hold Fleursociety harmless in any cause for damages, negligence, strict liability or tort, even if such damages were foreseeable. Nothing in this Agreement shall create additional liabilities, remedies or causes of action against Fleursociety. Fleursociety shall not be held liable for any claims by third parties against Licensee. Fleursociety shall not be held liable for any claims by third parties based on any material requested by Licensee for use in a customized template.

 

MISCELLANEOUS

Choice of Law - Any claim brought against Fleursociety or Licensee under or pertaining to this Agreement shall be governed by California law.
 

Entire Agreement - This Agreement constitutes the entire Agreement between the Parties. No other communications or prior writings shall have any bearing on this enforceability of this Agreement.
 

Severability - The Parties agree to waive any provision of this Agreement that would render this agreement invalid or unenforceable. If a provision is determined to be invalid, it will be enforced to the extent permissible under the law.
 

Indemnity - Except where Licensee has breached this Agreement, Fleursociety will indemnify Licensee, including any of Licensee’s employees, shareholders, insurers, agents or officers, against any third-party claim, suit or proceeding against Licensee or the above-mentioned parties, for infringement of a patent, copyright or other intellectual property by one of Fleursociety’s templates, upon prompt notice by Licensee to Fleursociety.

In such an event, Fleursociety will control the defense of its template. Licensee agrees to indemnify Fleursociety, its employees, shareholders, insurers, agents or officers, against any third-party claim, suit or proceeding against Fleursociety for infringement of a patent, copyright, other intellectual property or any other rights of the third party based on any actions of Licensee or based on any material in a customized template that was requested by Licensee.

EFFECTIVE

This Agreement will become effective when Licensee completes checkout in this shop and/or signs up for a free or paid resource. At that time, Licensee will be obligated to abide by the aforementioned terms and conditions of this Agreement.

CONTACT US

FLEURSOCIETY welcomes your questions or comments regarding the Terms:

FLEURSOCIETY
PO BOX 2352
Rancho Cucamonga, CA 91729

Email Address: hello@fleursociety.com

Effective as of January 26, 2019