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TERMS &
CONDITIONS
We are The Gilded Stem ("Company," "we," "us," "our").
We operate https://www.thegildedstem.com, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by email at thegildedstemflorals@gmail.com.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and The Gilded Stem, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason.
We will alert you about any changes by updating the "Last updated" date of these Legal Terms. It is your responsibility to periodically review these Legal Terms to stay informed of updates.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. Our Services
2. Intellectual Property Rights
3. User Representations
4. Prohibited Activities
5. Services Management
6. Term and Termination
7. Modifications and Interruptions
8. Governing Law
9. Dispute Resolution
10. Corrections
11. Disclaimer
12. Limitations of Liability
13. Indemnification
14. User Data
15. Electronic Communications, Transactions, and Signatures
16. Subscription and Recurring Billing
17. Email Communications
18. Delivery
19. Photography and Portfolio
20. Payment Data
21. Floral Substitution
22. Miscellaneous
23. Contact Us
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. Intellectual property Rights
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws and treaties around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.
Your Use of Our Services
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services solely for your personal, non-commercial use. No part of the Services, Content, or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
3. User Representations
By using the Services, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.
4. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
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Systematically retrieve data or other content from the Services to create or compile a collection, database, or directory without written permission from us.
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Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as passwords.
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Circumvent, disable, or otherwise interfere with security-related features of the Services.
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Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
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Use any information obtained from the Services to harass, abuse, or harm another person.
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Use the Services in a manner inconsistent with any applicable laws or regulations.
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Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services.
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Attempt to impersonate another user or person or use the username of another user.
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Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
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Use the Services as part of any effort to compete with us or for any revenue-generating endeavor without our express written consent.
5. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) in our sole discretion and without limitation, refuse, restrict access to, or disable any of your contributions or any portion thereof; and (4) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
6. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason. If we terminate or suspend your access for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.
7. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
8. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of the State of Florida. The Gilded Stem and yourself irrevocably consent that the courts of the State of Florida shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
9. DISPUTE RESOLUTION
Informal Negotiation
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms, the parties agree to first attempt to negotiate any dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.
Binding Arbitration
If informal negotiations fail to resolve the dispute, the dispute shall be finally resolved by binding arbitration. The arbitration shall take place in the State of Florida, conducted in the English language, and governed by the substantive law of the State of Florida. The number of arbitrators shall be one. Each party shall bear their own costs unless the arbitrator determines that arbitration fees are excessive, in which case we agree to pay such excessive fees.
Restrictions
The parties agree that any arbitration shall be limited to the dispute between the parties individually. No arbitration shall be joined with any other proceeding, and there is no right or authority for any dispute to be arbitrated on a class-action basis.
Exceptions
The following disputes are not subject to the above arbitration provisions: (a) any disputes seeking to enforce or protect intellectual property rights; (b) any dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
10. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
11. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT.
12. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.
14. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.
15. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.
16. SUBSCRIPTIONS AND RECURRING BILLING
In accordance with the Federal Trade Commission's guidelines on negative option marketing, The Gilded Stem clearly discloses all subscription terms prior to purchase. By enrolling in any membership plan, you acknowledge that you are agreeing to a recurring billing arrangement at the cadence and rate specified at checkout. You will receive a confirmation of your subscription details via email at the time of enrollment. You may cancel your membership at any time before the next billing cycle through your account settings or by contacting us directly. Cancellations made after a billing cycle has been charged will not be refunded for that period but will prevent future charges.
17. EMAIL COMMUNICATIONS
In accordance with the CAN-SPAM Act, any marketing or promotional emails sent by The Gilded Stem will clearly identify themselves as commercial communications, include our valid business mailing address, and provide a clear and functional mechanism to opt out of future emails. We honor all unsubscribe requests promptly and within ten business days of receipt. If you have opted into our mailing list and wish to be removed, you may unsubscribe at any time using the link provided at the bottom of any email communication.
18. DELIVERY
The Gilded Stem delivers fresh floral arrangements within a 15-mile radius of our South Florida location. We do not currently offer shipping or long-distance delivery. All membership plans include delivery at no additional charge. Delivery fees for non-membership orders will be communicated at the time of inquiry.
Orders placed before 12:00pm are eligible for same-day delivery, subject to availability. Orders placed after 12:00pm will be scheduled for the following available delivery date. In the event that no one is available to receive a delivery, arrangements will be left in a safe, shaded location at the delivery address. A photograph confirming placement will be sent to the contact number or email on file. The Gilded Stem is not responsible for arrangements left unattended after delivery confirmation has been issued.
19. PHOTOGRAPHY AND PORTFOLIO
The Gilded Stem reserves the right to photograph all floral arrangements created for clients, including those delivered to private residences or event venues, for use in our portfolio, website, and social media. No identifying personal information, names, or interior details will be shared without explicit permission. Clients who wish to opt out of photography may do so by notifying us in writing prior to their event or delivery date.
20. PAYMENT DATA
The Gilded Stem does not store, collect, or have access to your payment information. All transactions are processed securely through our third-party payment processor. We encourage you to review their privacy policy for details on how your payment data is handled.
21. FLORAL SUBSTITUTION
Due to the seasonal and perishable nature of fresh florals, specific blooms may occasionally be substituted based on availability. All substitutions are made with careful attention to the overall aesthetic, color palette, and quality of the original arrangement. We will always notify you of significant changes where possible.
22. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
23. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
The Gilded Stem
thegildedstemflorals@gmail.com
1560 NE 205TH TERRACE
MIAMI, FL 33179