By using BloomNation in any manner, including but not limited to visiting or browsing any of the Site, you (the "user") 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 BloomNation, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site or in connection with BloomNation
If you have any questions, please refer to the contact us section.
1. BloomNation is a Venue
BloomNation acts as a venue to allow users who comply with our policies to offer, sell and buy certain floral arrangements and limited related goods within a fixed-price format. We are not directly involved in the transaction between buyers and sellers. We do not transfer legal ownership of items from the seller to the buyer. We have no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Our verification process of florists is limited and we cannot guarantee any content or information provided by the florists. We cannot ensure that a buyer or seller will actually complete a transaction. We cannot guarantee the true 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 BloomNation.
You agree that BloomNation is a venue and as such we are not responsible or liable 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 any of the Sites. Your use BloomNation is at your own risk.
2. Membership Eligibility
Florists: If you would like to register as a seller of floral arrangements and limited related goods through BloomNation, you must be a “real” florist. Only one account per florist is permitted.
Age: BloomNation 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. 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 BloomNation to any person or entity and change the eligibility criteria at any time. This provision is void where prohibited by law and the right to access BloomNation is revoked in such jurisdictions. Individuals under the age of 18 must at all times use BloomNation only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In such cases, the adult is the user and is responsible for any and all activities.
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.
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 BloomNation) as well as 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 herein by reference and each of which may be updated by us from time to time without notice to you:
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 us 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 us 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 BloomNation 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 us. 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.
3. Services, Fees/Taxes and Payments
Services: We will issue those florists who properly register as sellers through BloomNation with an individualized florist web page to display and sell their flower arrangements (each a “Storefront”) within the BloomNation flower marketplace, which aggregates and exhibits products from all florists’ Storefronts (the “Marketplace”). 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.
Fees: Joining and setting up a Storefront on BloomNation is free for registered florists. Such florists are charged a ten percent (10%) commission fee from the total dollar amount of the order received via BloomNation, excluding sales tax, HST, PST, and/or GST determined by us. We may, at our sole discretion, change some or all of BloomNation's services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of such service. Unless otherwise stated, all fees are quoted in US Dollars (USD). We keep accepted payment information on file. We shall not be responsible in any way for any credit card fraudulent transactions provided by any third parties.
Taxes: We are responsible for collecting and sending all applicable sales and government taxes for you. You are responsible for notifying us of any and all changes related to applicable sales tax for your Storefront.
Payments: Settled transactions will be debited to your account balance via direct deposit or a check mailed to your address on file with BloomNation, 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 processed and the buyer’s credit card has been authorized.
4. Listing, Selling and Responsibilities
Listing Description: By listing an item on BloomNation you warrant that you and all aspects of the item comply with our published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Storefront. Your listings may only include text descriptions, graphics, pictures and other content relevant 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. You may not misrepresent the item's location, or use another user's account without permission.
Binding Sale: All sales are binding. The seller is obligated to deliver the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer 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 us 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, you are solely responsible for all orders placed through your Storefront, whether such orders are lost, unprocessed, mishandled or otherwise. You remain responsible even if such failure to fulfill the order is a result of not checking notifications sent to you via BloomNation. You are also solely responsible for informing the buyer of any lost, unprocessed or mishandled orders, and for all other buyer relationship matters relating to orders processed through your Storefront. We are not responsible in any way whatsoever for the foregoing matters.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to BloomNation and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on BloomNation. Furthermore, you may not list any item on BloomNation (or consummate any transaction that was initiated using BloomNation) that, by paying to us the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates this Agreement.
Restricted Activities: Your Content and your use of BloomNation 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, BloomNation's Copyright and Intellectual Property 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 BloomNation or modify another website so as to falsely imply that it is associated with BloomNation.
(xi) Appear to create liability for us or cause us to lose (in whole or in part) the services of BloomNation'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 BloomNation.
(xiii) Use BloomNation to collect orders for any other business to fulfill.
(xiv) Reproduce, duplicate, copy, sell, trade or resell any of the services within BloomNation for any purpose.
(xv) Engage in activity that interferes with or disrupt BloomNation (or the servers and networks which are connected to BloomNation).
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 BloomNation.
6. Content, Material & Licenses
We own all legal right, title and interest in and to BloomNation, including any intellectual property rights which subsist in BloomNation, whether those rights happen to be registered or not, and wherever those rights may exist. Unless you have agreed otherwise in writing with us, nothing in this Agreement gives you a right to use any of our or BloomNation’s trade names, trade marks, service marks, logos, domain names and other distinctive brand features.
You hereby grant to us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any photographs, logos and other content, you submit, post or display on or through BloomNation, or post or display on your website. You are solely responsible to ensure the Content you provide are of your own images, copyright and intellectual property or that you have the express written consent to use such Content. You hereby further grant to us the right to promote the work done for you in BloomNation press kits, press releases, and any other promotional materials related to BloomNation. You hereby agree to acknowledge us as the creator and provider of BloomNation. Unless provided otherwise in a separate written agreement between us, you agree that you are responsible for protecting and enforcing any rights you may have to any Content that you submit, post, transmit or display on, or through, BloomNation, and you further agree that we have no obligation to protect or enforce those rights on your behalf.
You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above licenses.
Re-Posting Content: By posting Content on BloomNation, it is possible for an outside website or a third party to re-post that Content. You agree to hold us harmless for any dispute concerning such action.
Idea Submissions: We consider any unsolicited suggestions, ideas, proposals or other material submitted to us by users (other than the Content and the tangible items sold on BloomNation by users) (collectively, the "Material") to be non-confidential and non-proprietary, and we shall not be liable for the disclosure or use of such Material. If, at our request, any member sends Material to improve BloomNation (for example through the forums or to customer support), we will also consider that Material to be non-confidential and non-proprietary and we will not be liable for use or disclosure of the Material. Any communication by you to us is subject to this Agreement. You hereby grant and agree to grant to us, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
We have limited control of the Content provided by users and that is made available on BloomNation. You may find some 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 BloomNation, you agree to accept such risks and that we, and our officers, directors, agents, subsidiaries, joint ventures, employees, suppliers, licensors and representatives (collectively, our “Affiliates”), are not responsible for any and all acts or omissions of users on BloomNation. Please use caution, common sense, and practice safe buying and selling when using BloomNation.
Other Resources: We are not responsible for the availability of outside websites or resources linked to or referenced on BloomNation. 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. You 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.
8. Meetings & Groups
Meetings: Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with other users. Users must comply with BloomNation's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. We are not involved with user generated groups, the groups' requirements, or the Meetings.
We do not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with other users. Users understand that we do not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on BloomNation may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. WE ARE NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO US; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY US, AND WE HAVE NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, BLOOMNATION USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money to such related transactions.
9. Resolution of Disputes and Release
In the event a dispute arises between us, please contact us
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Los Angeles, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, LLC. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the District of Los Angeles. Use of BloomNation is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, unless expressly noted otherwise herein, including without limitation, this section. You agree and we agree that any cause of action arising out of or related to BloomNation (including, but not limited to, any services provided or made available) or this Agreement must commence within one (1) year after the cause of action arose, otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release us and our Affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We encourage users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
We, for the benefit of users, may try to help users resolve disputes, however, we do so in our sole discretion, and we have no obligation to resolve disputes between users or between users and outside parties. To the extent that we attempt to resolve a dispute, we will do so in good faith based solely on our policies. We will not make judgments regarding legal issues or claims.
10. BloomNation's Intellectual Property
BloomNation, and other BloomNation graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of BloomNation, LLC in the U.S. and/or other countries. BloomNation'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.
11. Access and Interference
BloomNation may contain robot exclusion headers which contain internal rules for software usage. Much of the information on BloomNation is updated on a real-time basis and is proprietary or is licensed to BloomNation by BloomNation's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access BloomNation for any purpose whatsoever, except to the extent expressly permitted by and in compliance with this Agreement or otherwise without our prior express written permission. Additionally, you agree that you will not:
(i) Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on BloomNation's infrastructure.
(ii) Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in this Agreement from BloomNation except to the extent expressly permitted by and in compliance with this Agreement or otherwise without the prior express written permission of us and the appropriate third party, as applicable.
(iii) Interfere or attempt to interfere with the proper working of BloomNation or any activities conducted thereon.
(iv) Bypass BloomNation's robot exclusion headers or other measures we may use to prevent or restrict access to BloomNation.
Without limiting any other remedies, we may, without notice, and without refunding any fees, delay or immediately remove Content, warn BloomNation's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to BloomNation, and take technical and legal steps to keep a user off BloomNation and refuse to provide services to a user if, not intended to be an exclusive list, any of the following apply:
(ii) We are unable to verify or authenticate any of your personal information or Content.
(iii) We believe that a user is acting inconsistently with the letter or spirit of BloomNation's policies, has engaged in improper or fraudulent activity in connection with BloomNation or the actions may cause legal liability or financial loss to BloomNation's users or to us.
14. No Warranty
WE AND OUR AFFILIATES PROVIDE BLOOMNATION "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF BLOOMNATION IS AT YOUR SOLE RISK AND THAT WE AND OUR AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF BLOOMNATION WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF BLOOMNATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF BLOOMNATION WILL BE ACCURATE OR RELIABLE; AND (iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF BLOOMNATION WILL BE CORRECTED. WE AND OUR 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 US OR OUR 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. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. Liability Limit
WE AND OUR 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 BLOOMNATION, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING BLOOMNATION (OR ANY FEATURES WITHIN BLOOMNATION), (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 BLOOMNATION, (c) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF BLOOMNATION, (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 US. 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.
YOU AGREE TO INDEMNIFY AND HOLD US AND (AS APPLICABLE) OUR AFFILIATES, HARMLESS FROM AND AGAINST ALL DAMAGES, COSTS (INCLUDING, WITHOUT LIMITATION, SETTLEMENT COSTS), LOSSES, EXPENSES, (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) AND LIABILITIES ARISING FROM OR RELATING TO ANY CLAIM OR DEMAND AGAINST YOU.
17. No Guarantee
We do not guarantee continuous, uninterrupted access to BloomNation.
18. Legal Compliance; Taxes
You shall be responsible for paying any and all taxes applicable to any purchase or sale of items you make through BloomNation.
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.
20. No Agency
You and us are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. BloomNation Service
We reserve the right to modify, limit, suspend or terminate BloomNation (or any feature thereof) for any reason, without notice, at any time. We reserve the right to alter this Agreement or other BloomNation policies at any time, so please review the policies frequently.
We 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 BloomNation to check for amendments. You understand and agree that if you use BloomNation after the date on which these terms have changed, we will treat your use as acceptance of the updated terms. You may not amend this Agreement at any time without our prior written consent.
23. No Waiver
You agree that if we do 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 will not constitute a waiver of our rights, and as such, those rights or remedies will still be available to us. Nothing in this Agreement shall prevent us from complying with the law and these terms do not confer any third party beneficiary rights.
24. 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.
Sections 3 (Services, Fees/Taxes and Payments), 6 (Content, Material & Licenses), 7 (Information Control), 8 (Meetings & Groups), 9 (Resolution of Dispute and Release), 10 (BloomNation's Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 24 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to BloomNation, Attn: Legal Department, 110 North Doheny, Beverly Hills, California 90211 (in the case of BloomNation) or, in your case, to the email address you have provided to BloomNation. Notice sent by email shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, to the address provided to us. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in BloomNation's Copyright and Intellectual Property Policy.
The services hereunder are offered by Bloom Nation, LLC, located at 110 North Doheny, Beverly Hills, California 90211. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.