Terms and Conditions

FLORET ONLINE WORKSHOP TERMS AND CONDITIONS

Introduction

Welcome to Floret—we’re thrilled that you’re here! In order to avoid confusion and to clarify the rights and obligations between Floret LLC (“Floret” or “we” or “us”) and its workshop participants (“you”), we require that all participants read and agree to these terms and conditions (the “Terms of Use”). Please read these Terms of Use carefully. By enrolling in the Floret Online Workshop or by accessing or using this website as well as all related websites operated by Floret (which includes https://www.floretflowers.com/ and https://workshop.floretflowers.com among others) (collectively the “Site”), you agree to these Terms of Use. Please note that the use of Floret’s online shop is governed by separate terms and conditions.

PAYMENT POLICY

You are responsible to pay for the Floret Online Workshop in full (including all applicable sales and other taxes or fees). The Floret Online Workshop is not a “pay in part” program where you can pay for access to certain content or modules and not others. This is a full immersion program, and payment is required in full, in advance, unless you have arranged for a payment plan. Payment plans are available as an option to all students during the registration process.

Credit Card Processing 

We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. All payments shall be made in U.S. currency.

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 Floret 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. 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.

Payment Plans

If you register for the Floret Online Workshop using a payment plan, your payments are made by automatic draft to your card every 30 days, starting with your registration date. We are unable to change the dates that payments are drafted. 

If your card is declined, expires, or you miss a payment for any other reason, you will have seven (7) days in which to remit payment before access to all course content and the Floret Learning Community will be suspended. Access to the Floret Online Workshop will be reinstated once your account is back in good standing.  

Payment plans may be paid off early. To pay your remaining balance, contact [email protected] 

WORKSHOP REFUND POLICY

Please do not enroll in the Floret Online Workshop if you do not plan to complete it or just want to "check it out." Although we recognize that circumstances can change, we put an incredible amount of time and effort into our courses, and we expect participants to dedicate the same high level of commitment. For that reason, refunds are only available in very limited circumstances, and are subject to Floret’s discretion.

To be eligible for a refund, you must submit your request via email to: [email protected] no later than the second week of the workshop with a detailed explanation of the basis for your requested refund and the number of modules you have completed. We will determine at our discretion whether a refund is appropriate. Please note that failure to complete workshop modules will generally not be a basis for refund except in extraordinary circumstances. All refunds are within Floret’s sole discretion as to whether to grant or deny the refund request. Refunds may be subject to processing and administrative fees and other associated costs. Refunds will not be issued until the course book and all other materials have been returned to Floret. 

GENERAL TERMS OF USE

We understand that many of our workshop participants hope to start their own business or improve an existing business. While we are grateful for the opportunity to share our expertise with people who share our passion—whether they’re here for entrepreneurial reasons or purely for personal enrichment—the expertise we offer through our workshops is the result of years of hard work and we must take certain steps to protect our proprietary information. For that reason, as a condition to accessing or using the Site or participating in the Floret Online Workshop, you hereby agree to the following terms:

  1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are the property of Floret and/or its third party contracting partners. “Content” includes all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, text, coursework, training modules, trade names, trademarks, images and biographical information of people contained in the Site, and all copyright, trademark, and other proprietary rights attendant to the foregoing. Subject to your compliance with these Terms of Use, Floret hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicense-able, to access, view, and use the Site solely for your personal non-commercial purposes. No Content may be disclosed, copied, screenshotted, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted in advance by Floret. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Floret, as well as other authors who created the materials, and may be subject to monetary damages and penalties. Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. If you violate any part of Terms of Use, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of any Content.  
  1. The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by third parties. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk. 
  1. Floret has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Floret at [email protected] Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant. 
  1. While Floret uses reasonable efforts to include accurate and up-to-date information in the Site, we make no warranties or representations as to its accuracy. Floret assumes no liability or responsibility for any errors or omissions in the content of the Site. 
  1. When you register with Floret and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Floret. You consent to receive notices electronically by way of transmitting the notice to you by email. 
  1. If you send comments or suggestions to us, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of Floret. No submission shall be subject to any obligation of confidence on the part of Floret. Floret shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you. 
  1. We use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk. Please refer to Floret’s Privacy Policy for more information on how your information may be protected and stored. 
  1. Floret will not intentionally disclose any personally identifying information about you to third parties, except where we, in good faith, believe such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of Floret’s Privacy Policy.  
  1. All Content on the Site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. Floret does not warrant or make any representations regarding the use of the materials in the Site, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction. Floret likewise does not warrant or make any representations or guarantees that you will earn any money using the Site or our workshops, technology, or services. You accept all responsibility for evaluating your own earning potential as well as executing your own business and services. Your earning potential is entirely dependent on your own products, ideas, and techniques; your execution of your business plan; the time you devote to the program, ideas and techniques offered and utilized; as well as your finances, your knowledge and your skill. Since these factors differ among all individuals, we cannot and do not warrant or make any representations or guarantees regarding your success or income level as a result of our services. Floret does not warrant that use of the materials will be uninterrupted or error free, that defects will be corrected, or that this Site, the Content, and/or the materials available on this Site are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you. 
  1. Floret shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. Floret reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. Floret also reserves the right to limit your use of the Site and/or the Content or to terminate your account should we determine that you have violated these terms of use, or that you have violated any other rules or conditions of Floret. Without limiting the foregoing, Floret reserves the right to refuse access to the Site and/or the Content, products and/or services to anyone in its sole discretion. 
  1. In no event shall Floret be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the Site, the Content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if Floret has been advised or is aware of the possibility of such damages. 
  1. You agree to indemnify and hold Floret and each of its members, managers, directors, officers, employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of these Terms of Use, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that we may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. Floret reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as may be reasonably requested. 
  1. The provisions of these Terms of Use are for the benefit of Floret, its subsidiaries and affiliates, and its third party contracting partners and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. 
  1. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. The Site is based in the United States, and we make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. 
  1. In the event of a dispute arising under or relating to these Terms of Use, the Content, or the Site (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration in Skagit County, Washington, governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website: www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Skagit County, Washington. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Notwithstanding the foregoing, nothing in these Terms of Use will prevent Floret from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests. 
  1. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 
  1. You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to equitable relief to enforce these Terms of Use. We may, without waiving any other remedies under these Terms of Use, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the Superior Court of Skagit County, Washington, or the federal court in the Western District of Washington, for purposes of any such action by us. 
  1. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. 

 

Last Updated: September 21, 2021

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