These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.
1) Acceptance of Terms
1. By registering for and/or using the Services in any manner,
including but not limited to visiting or browsing the Site, you
agree to these Terms of Service and all other operating rules,
policies and procedures that may be published from time to
time on the Site by us, each of which is incorporated by
reference and each of which may be updated from time to
time without notice to you.
2. Certain of the Services may be subject to additional terms and
conditions specified by us from time to time; your use of such
Services is subject to those additional terms and conditions,
which are incorporated into these Terms of Service by this
reference.
3. These Terms of Service apply to all users of the Services,
including, without limitation, users who are contributors of
content, information, and other materials or services, registered
or otherwise.
2) Eligibility
You are solely responsible for ensuring that these Terms of Service
are in compliance with all laws, rules and regulations applicable to
you and the right to access the Services is revoked where these
Terms of Service or use of the Services is prohibited or to the extent
offering, sale or provision of the Services conflicts with any applicable
law, rule or regulation. Further, the Services are offered only for your
use, and not for the use or benefit of any third party. If you are
registering with Petals & Profits on behalf of an entity or a third party,
you represent and warrant that you have full authority to bind that
entity to these Terms of Service.
3) Processing of Personal Data
Your personal data will be treated in accordance with Petal’s and
Profits Privacy Policy, available HERE.
4) Content
A. Definition. For purposes of these Terms of Service, the term
“Content” includes, without limitation, information, data, text,
photographs, videos, audio clips, written posts and comments,
software, scripts, graphics, and interactive features generated,
provided, or otherwise made accessible on or through the Services.
For the purposes of this Agreement, “Content” also includes all User
Content (as defined below).
B. User Content. Petals & Profits shall not be responsible for any
Content added, created, uploaded, submitted, distributed, or posted
to the Services by users (collectively “User Content”), whether
publicly posted or privately transmitted. You represent that all User
Content provided by you is accurate, complete, up-to-date, and in
compliance with all applicable laws, rules and regulations. You
acknowledge that all Content, including User Content, accessed by
you using the Services is at your own risk and you will be solely
responsible for any damage or loss to you or any other party
resulting therefrom. We do not guarantee that any Content you
access on or through the Services is or will continue to be accurate.
C. Notices and Restrictions. The Services may contain Content
specifically provided by us, our partners or our users and such
Content is protected by copyrights, trademarks, service marks,
patents, trade secrets or other proprietary rights and laws. You shall
abide by and maintain all copyright notices, information, and
restrictions contained in any Content accessed through the Services.
D. Use License. Subject to these Terms of Service, we grant each
user of the Services a worldwide, non-exclusive, non-sublicensable
and non-transferable license to use (i.e., to download and display
locally) Content solely for purposes of using the Services. Use,
reproduction, modification, distribution or storage of any Content for
other than purposes of using the Services is expressly prohibited
without prior written permission from us. You shall not sell, license,
rent, or otherwise use or exploit any Content for commercial use or in
any way that violates any third party right.
E. Availability of Content. We do not guarantee that any Content
will be made available on the Site or through the Services. We
reserve the right to, but do not have any obligation to, (i) remove,
edit or modify any Content in our sole discretion, at any time,
without notice to you and for any reason (including, but not limited
to, upon receipt of claims or allegations from third parties or
authorities relating to such Content or if we are concerned that you
may have violated these Terms of Service, or for no reason at all and
(ii) to remove or block any Content from the Services.
5) Rules of Conduct
A. As a condition of use, you promise not to use the Services for any
purpose that is prohibited by these Terms of Service. You are
responsible for all of your activity, and all activity connected to your
Account in connection with the Services (including without
limitation your communications and collection of data from other
users of the Services).
B. You shall not (and shall not permit any third party to) either (a)
take any action or (b) upload, download, post, submit or otherwise
distribute or facilitate distribution of any Content, including without
limitation User Content, on or through the Services that:
i. infringes any patent, trademark, trade secret, copyright, right of
publicity or other right of any other person or entity, or violates any
law, rule, or regulation (whether domestic, foreign, or international)
or contractual duty;
ii. violates these Terms of Service;
iii. you know is false, misleading, untruthful or inaccurate;
iv. is unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another’s privacy, tortious, obscene,
vulgar, pornographic, offensive, profane, contains or depicts nudity,
contains or depicts sexual activity, or is otherwise inappropriate as
determined by us in our sole discretion;
v. constitutes unauthorized or unsolicited advertising, junk or bulk e-
mail (“spamming”);
vi. contains software viruses or any other computer codes, files, or
programs that are designed or intended to disrupt, damage, limit or
interfere with the proper function of any software, hardware, or
telecommunications equipment or to damage or obtain
unauthorized access to any system, data, password or other
information of ours or of any third party;
vii. impersonates any person or entity, including any of our
employees or representatives; or
viii. includes anyone’s identification documents or sensitive financial
information.
6) Third Party Services
The Services may permit you to link to other websites, services or
resources on the Internet, and other websites, services or resources
may contain links to the Services. When you access third party
resources on the Internet, you do so at your own risk. These other
resources are not under our control, and you acknowledge that we
are not responsible or liable for the content, functions, accuracy,
legality, appropriateness or any other aspect of such websites or
resources. The inclusion of any such link does not imply our
endorsement or any association between us and their operators. You
further acknowledge and agree that we shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with the use of or reliance on any
such content, goods or services available on or through any such
website or resource.
7) Payments and Billing
A. Paid Services. Certain of our Services may be subject to payments
now or in the future (the “Paid Services”). Please note that any
payment terms presented to you in the process of using or signing
up for a Paid Service are deemed part of this Agreement.
B. Billing. We use a third-party payment processor (the “Payment
Processor”) to bill you through a payment account linked to your
Account on the Services (your “Billing Account”) for use of the Paid
Services. The processing of payments will be subject to the terms,
conditions and privacy policies of the Payment Processor in addition
to these Terms of Service. We are not responsible for error by the
Payment Processor. By choosing to use Paid Services, you agree to
pay us, through the Payment Processor, all charges at the prices
then in effect for any use of such Paid Services in accordance with
the applicable payment terms and you authorize us, through the
Payment Processor, to charge your chosen payment provider (your
“Payment Method”). You agree to make payment using that selected
Payment Method. We reserve the right to correct any errors or
mistakes that it makes even if it has already requested or received
payment.
C. Payment Method. The terms of your payment will be based on
your Payment Method and may be determined by agreements
between you and the financial institution, credit card issuer or other
provider of your chosen Payment Method. If we, through the
Payment Processor, do not receive payment from you, you agree to
pay all amounts due on your Billing Account upon demand.
D. Recurring Billing. Some of the Paid Services may consist of an
initial period, for which there is no charge or a one-time or initial
charge, followed by recurring period charges as agreed to by you. By
choosing a recurring payment plan, you acknowledge that such
Services have an initial and recurring payment feature and you
accept responsibility for all recurring charges prior to cancellation.
WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT
FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR
NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU
HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE
YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT
CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO
TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT
METHOD, CONTACT kelsey@petalsandprofits.com
E. Current Information Required. YOU MUST PROVIDE CURRENT,
COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING
ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO
KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND
ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT
CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU
MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF
YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT)
OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF
SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF
YOUR USER NAME OR PASSWORD. CHANGES TO SUCH
INFORMATION CAN BE MADE AT PETALSANDPROFITS.COM. IF YOU
FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU
AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF
PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU
HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
F. Reaffirmation of Authorization. Your non-termination or
continued use of a Paid Service reaffirms that we are authorized to
charge your Payment Method for that Paid Service. We may submit
those charges for payment and you will be responsible for such
charges. This does not waive our right to seek payment directly from
you. Your charges may be payable in advance, in arrears, per usage,
or as otherwise described when you initially selected to use the Paid
Service.
9) Warranty and Other Disclaimers.
A. We have no special relationship with or fiduciary duty to you. You
acknowledge that we have no duty to take any action regarding:
i. which users gain access to the Services;
ii. what Content you access via the Services; or
iii. how you may interpret or use the Content.
B. You release us from all liability for you having acquired or not
acquired Content through the Services. We make no representations
concerning any Content contained in or accessed through the
Services, and we will not be responsible or liable for the accuracy,
copyright compliance, or legality of material or Content contained in
or accessed through the Services.
10) Indemnification
You shall defend, indemnify, and hold harmless us, our affiliates and
each of our and their respective employees, contractors, directors,
suppliers and representatives from all liabilities, claims, and
expenses, including reasonable attorneys’ fees, that arise from or
relate to your use or misuse of, or access to, the Site, the Services,
Content, or otherwise from your User Content, your violation of these
Terms of Service, or infringement by you, or any third party using
your Account or identity in the Services, of any intellectual property
or other right of any person or entity. We reserve the right to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will assist and cooperate
with us in asserting any available defenses.
11) Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES,
AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE
LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE
OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO
THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL,
INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER
(HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF
ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF
(IN THE AGGREGATE) OF the greater of:
(A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $500.00.
Contact: You may contact us at the following address: 1007 N Minnesota St. Algona IA 50511
Petals and Profits - Terms & Conditions