Billing Terms and Conditions

Terms of Use

WELCOME TO  LaRose flowers-747.myshopify.com. THE SITE IS OWNED AND OPERATED BY, LaRose (HEREAFTER “LaRose”). PLEASE READ THESE TERMS OF USE (THIS “AGREEMENT”) CAREFULLY BEFORE USING  flowers-747.myshopify.com. ITS MOBILE APPLICATIONS AND SOCIAL MEDIA PAGES (INCLUDING FACEBOOK AND INSTAGRAM PAGES) AND ANY SERVICES OFFERED THROUGH flowers-747.myshopify.com, ITS MOBILE APPLICATIONS AND AFFILIATED SOCIAL MEDIA OR THIRD PARTY WEB PAGES OR PREMIUM CUSTOM SITES OPERATED BY USERS UTILIZING LaRose  PLATFORM (COLLECTIVELY REFERRED TO LaRose AS THE “SITE ”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF PINK CLOVER FLOWERS.

By using Site in any manner, including but not limited to visiting or navigating any part of ( ссылка на сайт .com ) , all users of the Site (including, without limitation, Florists and Customers as defined below) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced and/or available by hyperlink herein. This Agreement applies to all users of the Site, including without limitation users who are florists, vendors, customers, merchants, contributors of content, information and other materials or services on the Site or in connection with LaRose. Different sections of the Agreement may affect users different depending upon their use of the Site, so please make sure to review this Agreement carefully. 

If you have any questions, please refer to the contact us section.

1. Read our Privacy Policy

For information about our data practices, please see our Private Policy. By accessing or using the Site, you agree that we can collect and use your information in accordance with the Private Policy.

 

2. LaRose is a Venue

LaRose provides a venue where flower sellers (“Florists”) can create listings to sell certain floral arrangements and limited related goods within a fixed-price format at the Site (subject to compliance with the Florist’s Terms and Conditions set forth below) and customers who visit or utilize the Site can learn about Florists’ listings and make purchases from Florists (“Customers”). LaRose also provides a venue where Florists can send orders to other Florists (“Florist-to-Florist Orders”). LaRose is not directly involved in or otherwise a party to any transactions that may take place between Florists and Customers. LaRose  has no control over the quality, safety, morality or legality of any aspect of the Florist’s listings or any claims made by Florists about the products or services they offer, the truth or accuracy of the listings created by Florists, the ability of Florists to sell the items, the ability of Customer to pay for the items, the ability of the Florist to fulfill an order in a Florist-to-Florist Order or the ability of Florists to pay for items in Florist-to-Florist Orders. LaRose does not conduct background checks regarding any users of the Site and our verification process for Florists is limited. LaRose  is not a broker, agent or insurer for any users of the Site, whether they be Florists or Customers. LaRose makes no representations, warranties or guarantees regarding any content or information provided by the Florists, including, without limitation, the identity, age, and nationality of any seller, buyer or user. We encourage you to communicate directly with potential transaction partners through the tools available through LaRose. All purchases made by Customers from Florists are made at each Customer’s own risk, and all Florist-to-Florist Orders are made at each Florist’s own risk. 

You acknowledge and agree that the Site is solely a venue and has no responsibility or liability for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Site. Your use the Site is solely at your own risk.

 

3. Membership Eligibility

Registration for membership at the Site is subject to the following additional terms and conditions: Age: LaRose is available only to, and may only be used by, individuals who are 18 years of age and older, and who can form legally binding contracts under applicable law. By registering with the Site, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer access to or use of LaRose to any person or entity and change the eligibility criteria at any time. This foregoing is void where prohibited by law and the right to access LaRose is revoked in such jurisdictions. 

Authority: If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity you are acting on behalf of to this Agreement.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify LaRose of any unauthorized use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than LaRose without our express written permission.

Account Information: You must keep your account information, including a valid email address, up-to-date and accurate and up to date at all times. To sell items on LaRose you must provide and maintain valid payment information.

Account Transfer: The access rights granted to you under this Agreement are non-transferable without our express written permission. You may not assign or otherwise transfer this Agreement to anyone, including any parent, subsidiaries, affiliated entities or third parties, without our prior written consent, which may be withheld in our reasonable discretion. Any attempted assignment or other transfer without such consent shall be void, and any such attempt shall be deemed to be a breach of this Agreement. All of our rights and obligations under this Agreement are freely assignable by LaRose. As used herein, the terms “assignment” and “transfer” shall include (a) any sale or transfer of all or substantially all of your assets, (b) a merger, consolidation or reorganization, and (c) a change in ownership.

Right to Refuse Service: We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. Further, we reserve the right to refuse service to anyone, for any reason, at any time.

 

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our policies as stated in this Agreement and the policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by PINK CLOVER FLOWERS, each of which is incorporated herein by reference and each of which may be updated by LaRose from time to time without notice to you:

Privacy Policy

Copyright and Intellectual Property Policy

Eligibility for Registration as a Florist at the Site is subject to the following additional terms and conditions: 

Florist Legal Obligations – If you would like to register as a Florist, you must be an authorized seller of floral arrangements and related goods through LaRose  in the jurisdiction where you reside and in compliance with any local laws or regulations. Where applicable, each Florist is solely responsible for obtaining all permits, licenses or other permissions required to offer goods through the Site. LaRose assumes no responsibility for any Florist’s failure to obtain such permits, licenses or permissions or otherwise comply with applicable laws and regulations.

Single Account Restriction – Only one membership account per Florist is permitted. 

No filling to value – All orders should be prepared with the look and temperament your customer is expecting. All Florist-to-Florist Orders should be prepared according to the specifications of the order. Your reputation depends on it.

Images in Listings – Florist may not utilize wire-service or stock photos in its listings. The images that Florists post in the listings must be images of your own creation featuring your own designs or those created by LaRose as part of its service to the Florist. By posting them with the listing, Florists are each representing and warranting the posted images do not infringe on anyone else’s copyright or intellectual property rights.

Delivery area – The delivery area in the listing must accurately represent the area the Florist is capable of hand delivering arrangements to.

No “order gathering” or resales on the Marketplace – 

LaRose has absolutely no tolerance for order gathering on the Marketplace. Florists may only create listings and accept orders that it is capable of fulfilling on its own. No wiring or reselling Marketplace orders is permitted and will result in immediate termination of membership. 

Florist-to-Florist – A Florist-to-Florist Order must be fulfilled by the Florist receiving such order. The receiving Florist cannot transfer a Florist-to-Florist Order to any other party.

The Customers are Your Customers – LaRose is not the broker, agent or joint venturer of any Florist. There is no hiding behind a middle man. Florists must treat all of orders obtained from Customers through the Site as if they are from someone that has just walked into your flower shop. Happy customers make repeat customers.

Your Customer is Your Responsibility – If there is an issue with an order, Florists are solely responsible for addressing those issues with the Customer or the other florist in a Florist-to- Florist Order, directly. Via the ordering process on the Site, Florists will be provided with Customer contact information and must work directly with them to resolve any issues. If no resolution can be reached, Florists and Customers may address their concerns to LaRose and LaRose may elect to act as an intermediary, but is under no independent obligation to do so.

Privacy Policy Compliance: Florists are solely responsible for complying with all applicable state and federal laws, including those governing the collection, use and disclosure of user information. Although LaRose may provide platforms (e.g. Listings, Storefonts, Custom Sites) for Florists to serve customers, Florists must provide users with all requisite disclosures relative to the collection of personally identifiable information of users by Florists, including, but not limited to, the prominent display of a privacy policy. To the extent Florists utilize LaRose’s platforms to communicate with their users, Florists represent and warrant that they have obtained such user’s authorization to send them e-mails for the Florist’s marketing or promotional purposes. For any email obtained from a user outside of LaRose's platform and imported into his or her LaRose profile for our email marketing services, Florists must first have obtained the user’s authorization to send them e-mails for the Florist’s marketing or promotional purposes.

Florists that do not abide to the above terms and conditions and those listed below are subject to immediate removal without written or advance notification from LaRose. Users are encouraged to report any violations of the foregoing terms and conditions by a Florist by contacting LaRose at  flowers@laroseca.com

 

4. Marketplace/Storefront/Premium Custom Site Services, Fees/Taxes and Payments

Services: We will issue Florists who properly register through the Site with an individualized florist web page to display and sell their flower arrangements within LaRose marketplace, which aggregates and exhibits products from all Florists’ Storefronts (the “Marketplace”) and through the Florist’s Facebook, Instagram and other third party website and mobile sites affiliated with or served by LaRose (the Florist’s LaRose profile page and linked third party web page are collectively referred to as a “Storefront)). We will host the Storefronts by providing a server to store the data relating to the Storefronts, maintain the content of the Storefronts, and communicate the orders placed by buyers through the Storefronts to the florists. Additionally, we will provide ongoing hosting, maintenance, updates and marketing of the Marketplace. 

Taxes: We are responsible for collecting and remitting all applicable sales and government taxes in relation to transactions conducted through the Storefront based upon the information provided by Florists. You are responsible for notifying LaRose of any and all changes related to applicable sales tax for your Storefront. With respect to Premium Custom Sites, LaRose will collect and pass onto the Florist any applicable sales and government taxes for transactions conducted through such sites, based upon the tax rates selected by the Florist.

Payments: Settled transactions will be debited to your account balance via direct deposit or a check mailed to your address on file with LaRose , within a reasonable time after the order has been processed and the buyer’s credit card has been authorized. In no event shall the payment time exceed thirty-one (31) days from the end of the month in which the order was delivered and the buyer’s credit card has been authorized. LaRose reserves the right to withhold, reverse or otherwise refuse payments to Florists for any unfulfilled or returned customer transactions, including, without limitation, refunds due to non-delivery by Florist, customer rejections for quality issues, non-payment due to customer fraud, chargeback or contested charges.

 

5. Listings – Responsibilities of Florists

Listing Description: By listing an item on LaRose Florists warrant that you and all aspects of the item comply with this Agreement. Florists also warrant that they may legally sell the item. Florists must accurately describe your item and all terms of sale in its Storefront. Florist’s listings may only include text descriptions, graphics, pictures and other content applicable to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing. The price stated in each item listing description must be an accurate representation of the sale. Florist may not misrepresent the item’s location, or use another user’s account without permission.

Binding Sale: All sales are binding. The Florist is obligated to deliver the order or otherwise complete the transaction with the Customer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Customer fails to meet the terms of the Florist’s listing (such as payment method), or (b) the Florist cannot authenticate the Customer’s identity. The Customer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. In the event that an order is received that you are unable to deliver, you are responsible for promptly notifying LaRose  so that the order can be forwarded to another florist to fulfill or so that the order can be canceled and refunded to the customer in a timely manner

Responsibilities: Notwithstanding anything to the contrary herein, Florists are solely responsible for all orders placed through its Storefront, whether such orders are lost, unprocessed, mishandled or otherwise. Florists remain solely responsible even if such failure to fulfill the order is a result of not checking notifications sent to the LaRose. Florists are also solely responsible for informing the Customer of any lost, unprocessed or mishandled orders, and for all other Customer relationship matters relating to orders processed through the Florist’s Storefront. We are not responsible in any way whatsoever for the foregoing matters.

 

6. Prohibited, Questionable and Infringing Items and Activities by All Users

Each user is solely responsible for his/her/its conduct and activities on and regarding to the Site and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that the user submits, posts, and displays on the Site. Furthermore, Florists may not list any item on the Site (or consummate any transaction that was initiated using the Site) that, by paying to LaRose the final value fee, could cause LaRose to violate any applicable law, statute, ordinance or regulation, or that violates this Agreement.

Restricted Activities: Your Content and your use of the Site shall not:

(i) Be false, inaccurate or misleading

(ii) Be fraudulent or involve the sale of illegal, counterfeit or stolen items.

(iii) Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, LaRose’s Copyright Policy

(iv) Violate this Agreement, any site policy, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).

(v) Contain items that have been identified by the U.S. Consumer Products Safety Commission as hazardous to consumers and therefore subject to a recall.

(vi) Be defamatory, discriminatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or other users), or falsely state or otherwise misrepresent your affiliation with any person through, for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.

(vii) Be obscene or contain child pornography.

(viii) Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

(ix) Host images not part of a listing.

(x) Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with LaRose.

(xi) Appear to create liability for LaRose or cause LaRose to lose (in whole or in part) the services LaRose’s ISPs or other suppliers.

(xii) Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, other agreements hyperlinked herein, or other policy documents as posted on the Site.

(xiii) Use the Site to collect orders for any other business to fulfill.

(xiv) Reproduce, duplicate, copy, sell, trade or resell any of the services within the Site for any purpose.

(xv) Engage in activity that interferes with or disrupt the Site (or the servers and networks which are connected to the Site).

(xvi) Contain alcohol

Notwithstanding anything to the contrary herein, we reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Site.

 

7. User Responsibilities

A. Order Acceptance and Billing

Each User represents and warrants that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of this Agreement and may result in cancellation of your order. Prior to accepting an order, LaRose may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. LaRose reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by us related to credit or fraud. If your order is canceled after your credit card (or other payment account) has been charged, LaRose will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. LaRose  or the Florist will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. LaRose  may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you, but your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. LaRose does this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products, as well as all delivery and handling charges and applicable taxes. You will be charged for most orders when your order is placed. Some exceptions are: Florist to Florist orders. By providing a debit card, credit card or other payment accepted by LaRose  (collectively, “Cards”), you further authorize us to charge your Cards for any additional charges for your requested changes to your order, or any additional or future orders.

LaRose reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. LaRose will attempt to notify you should such limits be applied. LaRose also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers.

 

B. Pricing Information; Availability

LaRose or the Florist cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Sites or through the Marketplace. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product.

LaRose  or the Florist reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or delivery notice from LaRose. LaRose  or the Florist may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

 

C. Promotional Codes

Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. LaRose reserves the right in our discretion to impose conditions on the offering of any promotional code.

 

8. Delivery

Products will be delivered to an address designated by you, if applicable, so long as such address is complete and accurate. All transactions are made pursuant to a delivery contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

Some products may be available for pick up at physical Florist locations. Some products may have restricted delivery within the United States. Estimated delivery times are determined based on the method of delivery chosen when products are purchased and the destination of the products.

 

9. Content, Material & Licenses

We own all legal right, title and interest in and to the Site, including any intellectual property rights which subsist in the Site, whether those rights happen to be registered or not, and wherever those rights may exist. Unless you have agreed otherwise in writing with LaRose, nothing in this Agreement gives you a right to use any of LaRose’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features.

 

10. Information Control

LaRose  has limited control of the User Content provided by users and that is made available on the Site. You may find some User Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks of dealing with international trade and foreign nationals. By using the Site, users agree to accept such risks and that LaRose and its officers, directors, agents, subsidiaries, joint ventures, employees, suppliers, licensors and representatives (collectively, LaRose’s “Affiliates”), are not responsible for any and all acts or omissions of users on the Site. Please use caution, common sense, and practice safe buying and selling when using the Site.

Other Resources: LaRose  is not responsible for the availability of outside websites or resources linked to or referenced on the Site. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Users 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 websites or resources.

 

11. Resolution of Disputes and Release

In the event a dispute arises between a user and LaRose , the user should contact LaRse  at flowers@laroseca.com to assess the possibility of informal resolution.

 

FOR FLORIST-TO-FLORIST ORDERS ONLY:

 

In the event a dispute arises between Florists in connection with a Florist-to-Florist Order, the respective Florists shall be responsible for initially communicating with each other in an attempt to resolve the dispute. In the event the dispute remains unresolved between the Florists, LaRose  will have the right, but not obligation, to step in and determine how the dispute should be resolved, including, without limitation, issuing a refund, reversing a sale or requiring the purchasing Florist to pay for the items in question.

 

12. LaRose’s Intellectual Property

LaRose, and other LaRose graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of LaRose, Inc. in the U.S. and/or other countries. LaRose’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

 

13. Privacy

Any personal information you submit to the Site or LaRose is governed by LaRose’s Privacy Policy. This Privacy Policy encompasses any and all information you may provide to the Site or LaRose either for purposes of becoming a Member of the Site, submitting feedback about the Site or any content or other users of the Site, or to receive further information, updates and promotions about or related to the Site or LaRose. Except as disclosed in LaRose’s Privacy Policy , we will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

 

14. No Warranty

LaRose AND ITS AFFILIATES PROVIDE THE SITE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT LaRose AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE; AND (iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF THE SITE WILL BE CORRECTED. LaRose AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM LaRose OR ITS AFFILIATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

 

15. Liability Limitation

LaRose AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF (a) ANY CHANGES WHICH WE MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE SITE (OR ANY SERVICES OFFERED THROUGH OR FEATURES WITHIN THE SITE), (b) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE, (c) YOUR FAILURE TO PROVIDE LaRose WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THE SITE, (f) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, AND/OR (g) HYPERLINKS TO WEB SITES OR CONTENT OR RESOURCES PROVIDED BY COMPANIES OR PERSONS OTHER THAN LaRose. THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

In no event shall LaRose  or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, LaRose partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

LaRose does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

LaRose does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

LaRose does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

 

16. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD LaRoe  AND ITS AFFILIATES, HARMLESS FROM AND AGAINST ALL DAMAGES, COSTS (INCLUDING, WITHOUT LIMITATION, SETTLEMENT COSTS), LOSSES, EXPENSES, (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) AND LIABILITIES RELATING TO ANY CLAIM OR DEMAND ASSERTED BY ANY PARTY AGAINST LaRose AND/OR ITS AFFILIATES ARISING FROM OR RELATED TO YOUR ACTIVITES OR COND

 

17. Access and Data Integrity

LaRose does not guarantee continuous, uninterrupted access to the Site. Although LaRose attempts to maintain the integrity and accuracy of the information on the Site, we make no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Site by other users or third parties without LaRose’s knowledge. If you believe that information found on the Site is inaccurate or unauthorized, please inform LaRose  by e-mailing us flowers@laroseca.com

 

18. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

 

19. No Employment or Agency

No Employment Relationship

LaRose is not an employment service and does not serve as an employer of any user (Florist, Customer or otherwise). LaRose is not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with any use of the Site. By using the Site, users understand and agree that, if LaRose is found to be liable for any tax or withholding tax in connection with your use of the Site, then you will immediately reimburse and pay to LaRose an equivalent amount, including any interest or penalties thereon.

No Agency Relationship

No brokerage, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing, except as expressly set forth herein, LaRose is not acting and does not act as an agent for any Florist, Customer or any other user or visitor of the Site.

 

20. LaRose Service

LaRose reserves the right to modify, limit, suspend or terminate any and all services offered on or through the Site (or any feature thereof) for any reason, without notice, at any time. LaRose reserves the right to alter this Agreement or other LaRose policies at any time, so please review the policies frequently.

 

21. Amendments

LaRose may amend this Agreement at any time, and from time to time, in our sole and absolute discretion, without any notice to you. You should regularly review this Agreement as posted on the Site on this page to check for amendments. You understand and agree that if you use the Site after the date on which these amendments have been applied to the Agreement, LaRose  will treat your continued use of the Site as acceptance of the updated terms. You may not amend this Agreement at any time without our prior written consent.

 

22. No Waiver

You agree that if LaRose does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which we have the benefit of under any applicable law), it shall not constitute a waiver of LaRose’s rights, and as such, those rights or remedies will still be available to LaRose. Nothing in this Agreement shall prevent LaRose from complying with the law and these terms do not confer any third party beneficiary rights.

 

23. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, without regard to its conflict of law provisions.

 

24. Notice for Users in California

This notice is for users of the Site residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.

 

25.  Contact

If you have any questions about this Agreement, please contact flowers@laroseca.com.