FLORAFLEX® NUTRIENTS SUBSCRIPTIONS TERMS AND CONDITIONS
These terms and conditions (“Terms”) contain very important information regarding the FloraFlex Nutrients Subscriptions program. These Terms are between you and FloraFlex Corp., a Delaware corporation (referred to herein as “FloraFlex”, “us” or “we”), and govern your and our respective rights and obligations. By placing a FloraFlex Nutrients Subscriptions order through https://floraflex.com (the “Site”), you accept these Terms, which are subject to change from time to time in our sole discretion.
YOUR CONTINUED PARTICIPATION IN THE FLORAFLEX NUTRIENTS SUBSCRIPTIONS PROGRAM AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTIONS. PLEASE READ THESE TERMS CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE REFER TO SECTION 11 FOR ADDITIONAL INFORMATION.
- Introduction. FloraFlex Nutrient Subscriptions allows you to save on certain FloraFlex Nutrient products by placing an order for regularly scheduled deliveries (a “Subscription”). Products, which are available for FloraFlex Subscriptions (a “Subscription Product”), will be identified while you are shopping on the Site
- Who may Participate. You may only place an order for a Subscription if you (A) agree to and comply with these Terms, (B) are the older of (i) at least 18 years of age or (ii) the legal age to form a binding contract with FloraFlex and (C) you are not prohibited from accessing or using this website or any of this website’s contents or goods by applicable law.
- Authorization. Placing an order for a Subscription will automatically create new orders for the applicable Subscription Products according to the delivery schedule you select, until you cancel. You authorize FloraFlex to charge your provided payment method for each new automatic order until your FloraFlex Subscription is cancelled.
- Shipping. FloraFlex will use commercially reasonable efforts to ship Subscription Products to you in accordance with the delivery schedule you select. In the event that a shipment will be delayed, FloraFlex will notify you of such delay via the email address you provide.
- Pricing Changes. FloraFlex may, in its sole discretion, change the pricing of Subscription Products at any time. In the event that FloraFlex changes the price of any Subscription Products that you have subscribed to, we will notify you of the pricing change via the email address you provided to us. You acknowledge and agree that FloraFlex is authorized to automatically create new orders for the applicable Subscription Products at the revised price until you cancel.
- Subscription Termination. We may, in our sole discretion, terminate your Subscriptions at any time and for any reason without notice. If we do so, you will only be charged for Subscription Products that have been shipped to you.
- Managing Your Subscription. If you do not already have an account for our Site when placing an Order for a Subscription, you will be required to create one (“Account”). Once created, you will be able to view your active Subscriptions through the “My Account” page on the Site. Through the My Account page, you will also be able to modify or cancel your Subscriptions at any time.
- Invalid Payment Method. If your method of payment for any Subscription expires or is declined at the time of payment, we will attempt to process the payment one additional time. If the payment method fails on the second attempt, we will notify you via the email address you have provided to us that the payment has been rejected. Your Subscription will then become inactive and the applicable Subscription Products will not be shipped to you until your method of payment is updated and accepted.You agree that FloraFlex will not be liable for any fees or charges you incur as a result of your payment method being invalid or declined.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is cause by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction. Except as set forth in Section 1.b, all matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
- Dispute Resolution and Binding Arbitration.
- A. YOU AND FLORAFLEX ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PARTICIPATION IN THE PROGRAM OR USE OF THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- b. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 11 (the AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section.The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties may be entered as a judgment in any court of competent jurisdiction.If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- c. You agree to arbitration on an individual basis. In any dispute, neither you nor FloraFlex will be entitled to join or consolidate claims by or against other Program participants in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of FloraFlex.
- No Third-Party Beneficiaries.These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- a. To You. We may provide any notice to you under these Terms by sending a message to the email address you provide. Notices sent by email will be effective when we send the email. It is your responsibility to keep your email address current.
- b. To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to FloraFlex Corp. 4804 Laurel Canyon Blvd. Suite 1047 Studio City, California 91607. We may update the address for notice to us by either emailing you or posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. . If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.