Floral Watercolor Workshop Terms and Conditions: Once we have a confirmed date that you agree upon for the workshops, if you cannot attend, your payment is not refundable unless we have someone on the waitlist who can take your place. Thank you for understanding.
Payment for Online Orders: All online sales must be made by credit card, or Paypal. Antonella Blooms accepts payment from the following credit cards: Visa, Mastercard, American Express and Discover. Acceptance of orders is subject to credit card verification procedures. We reserve the right to cancel an order if it does not meet our credit card verification standards. Once an order is submitted, Antonella Blooms cannot change, modify or combine an order or change a method of payment.
General Disclaimer and Limitation of Liability: Except as expressly provided in these Terms of Use, Antonella Blooms makes no representation, guarantee, or warranty, either express or implied, regarding the use of the Site or the products sold through its online store, including their merchantability or fitness for any particular use. In no event shall Antonella Blooms 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 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 Antonella Blooms has been advised or is aware of the possibility of such damages.
Notices: When you register with Antonella Blooms 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 Antonella Blooms. You consent to receive notices electronically by way of transmitting the notice to you by email..
Third-Party Services: Antonella Blooms 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. Antonella Blooms reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption.
Indemnity: You agree to indemnify and hold Antonella Blooms 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) your use of the Site or any services that we may provide via the Site, and (iv) your conduct in connection with the Site. Antonella Blooms 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.
Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. The Site is based in the United States, and we make no claims concerning its accessor use outside of the United States. If you access the Site 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.
Dispute Resolution: In the event of a dispute arising under or relating to these Terms of Use 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.
Waiver of Class Action: 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.
Miscellaneous Terms: 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.
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