Terms of Use

Last updated: december 11, 2024

 
 

Welcome, dear Gardener, to Floriss!

www.floriss.com (the site),

By visiting our website, browsing our resources, or making a purchase, you AGREE to THE following Terms of Service.

A website operated by Floriss, LLC. (“Company,” “us,” “our,” and “we”). We provide the Site and the services provided through the Site (the Site and services will be collectively referred to as the “Services”).

These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the Services. By accessing or using the Services, you are accepting this Agreement, and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services. You may not access or use the Services or accept the Agreement if you are not at least 13 years old.

Copyright/Trademark Information

Copyright © 2024 Floriss, LLC. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks.

changes to these terms

We may occasionally update these Terms to reflect changes in our practices or for other operational, legal, or regulatory reasons. If we make significant changes, we’ll let you know through a notice on our site. By continuing to use our website after these changes go into effect, you agree to the updated Terms.

CONTACT INFORMATION

Business: Floriss, LLC
Email: hello@floriss.com

 
  • About Floriss

    Floriss is dedicated to helping the neurodivergent community, specifically neurodivergent women, overcome burnout through nurturing guidance and educational content. Our flagship product, the Garden Guide, and our supporting blogs and resources aim to restore your energy, spark motivation, and inspire growth.

  • The Company respects the privacy of its Service users. Please refer to our Privacy Policy, linked below, which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to our Privacy Policy.

  • License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.

    Intellectual Property. All content on the Floriss website—including text, images, logos, and product designs—is protected by copyright laws and other applicable intellectual property protections. Our company name and other brand elements may also be protected trademarks. You agree not to reproduce, distribute, modify, or create derivative works from any of our materials without our written permission.

    Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies.

    Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in these Terms.

    No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Site.

    Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in this Agreement.

  • User Content. “User Content” means any and all information and content that a user submits to or posts on: (a) the Services and (b) on social networking sites where we have a page or presence. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our social networking sites and on the Services. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. We reserve the right to remove any User Content from the Service at our discretion.

    The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

    You are solely responsible for your account and the activity that occurs while signed in to or while using your account;

    You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;

    You will abide by our Acceptable Use Policy below; and

    You affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.

    You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.

    License. You grant, and you represent and warrant that you have the right to grant, to us an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

  • Using Our Site

    By using this website, you confirm that you’re at least the age of majority in your region and agree to engage with our content responsibly. You promise not to use our site for any unlawful, harmful, or disruptive activities. This means you promise not to use our site for:

    • Unlawful Activities: You will not use our platform to plan, encourage, or engage in illegal behavior, such as fraud, hacking, or intellectual property infringement.

    • Harmful Behavior: You agree not to post or share content that is hateful, threatening, abusive, harassing, or discriminatory. For example, this includes any language that belittles or shames another person based on their race, gender, neurodivergence, sexual orientation, religion, or personal challenges.

    • Disruptive Conduct: You will not spam other users with unwanted messages, attempt to overwhelm the site with excessive traffic, or otherwise interfere with the normal functioning of our website. For instance, repeatedly posting irrelevant links or images in our comments section is not allowed.

    • Deceptive Practices: You agree not to impersonate another person or entity, misrepresent your affiliation with any group, or provide false information that could mislead our community or us.

    By choosing to follow these guidelines, you help maintain a welcoming space where everyone—regardless of their background or abilities—can explore, learn, and heal. We thank you for contributing to a supportive and respectful environment.

    Use Our Services Is Also Conditioned On:

    • Feedback: If you provide us any feedback, comments, or suggestions regarding the Services or purchased items (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and nonproprietary. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

    • Indemnity: You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorney's’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  • Third Party Sites, Ads and Ad Networks. As part of the Service, we may provide you with convenient links to third party website(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Users may also include links to their website or other Third-Party Sites on their listings. These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites and Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Applications, Software or Content. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

    Links to Our Site. You are permitted to link to our Site for noncommercial purposes, provided that you do so in a way that is fair and legal and does not damage our reputation. You may not link to our Site in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You may not deep-link to any page of this site for any purpose whatsoever unless the link is expressly authorized in writing by us. We reserve the right to withdraw permission for any link.

    Release. You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites & Ads. If you are a California resident, you waive California civil code section 1542 in connection with the foregoing, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

  • We Offer Educational Resources, Not Professional Advice

    Our blogs, guidebooks, and other resources are lovingly created to spark insight, inspire healing, and encourage self-empowerment. We draw upon reputable sources, shared experiences, and widely respected best practices to offer tips and guidance. However, it’s important to remember that:

    • Not a Professional Relationship: Engaging with our materials does not create a doctor-patient, therapist-client, attorney-client, or any other type of formal professional relationship.

    • Not a Substitute for Experts: Our content is no replacement for individualized care or counsel. If you’re experiencing persistent challenges—such as ongoing mental health concerns, significant medical symptoms, or complex legal issues—please seek guidance from a licensed healthcare provider, certified therapist, attorney, or another qualified professional who can address your unique situation.

    • General Information Only: We share general information and suggestions that may or may not apply to your circumstances. Everyone’s needs and experiences are different. While some may find our insights helpful, others may require a more tailored approach or professional intervention.

    By understanding these boundaries, you can make empowered choices about your well-being. Our hope is that our content gently supports your journey while you also reach out to trusted experts whenever you need personalized care.

    Limitation of Liability

    We do our best to keep our site functioning smoothly and our content accurate and helpful. However, we can’t guarantee that everything will always be perfect. Using our site is at your own risk. Floriss, its owners, and team members aren’t liable for any direct, indirect, incidental, or consequential damages that may arise from using our site or products.

    The services, including the site, are provided “as-is” and “as available” and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe or (d) that the services will be to your satisfaction.

    Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

  • Purchasing Our Products

    Orders & Payment:
    When you make a purchase, you confirm that all the information you provide is accurate. You agree to pay all charges associated with your order, including any applicable taxes or shipping fees.

    Product Descriptions:
    We do our best to describe our products accurately and show them as they truly are. Still, colors and details may vary slightly due to differences in screens and photography.

    Returns, Refunds & Exchanges

    We want you to feel confident and cared for with every purchase. Our return and exchange policies are guided by understanding and fairness:

    • 21-Day Returns:

      • If your product arrives damaged or if you’re not fully satisfied, you may request a return within 21 days of receiving it.

      • If the product was damaged during shipping, we offer exchanges or refunds after we verify the condition. We may ask you to send photos or return the item.

      • If the product was damaged after arrival, we’ll handle returns or exchanges on a case-by-case basis. Our aim is to be fair and understanding, so reach out and we’ll do our best.

    • Refunds & Exchanges:
      Once your return is approved and processed, we’ll issue a refund to your original payment method or provide an exchange according to our agreement.

  • In no event will we be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this agreement or your use of, or inability to use, the services, even if we have been advised of the possibility of such damages. Access to, and use of, the services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom.

    In no event will our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amounts you’ve paid us in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit.

    Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  • This Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.

  • PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW ANY CLAIMS YOU HAVE AGAINST US WILL BE RESOLVED.

    You agree that any claim or dispute at law or equity that has arisen or may arise between you and us relating in any way to or arising out of this or previous versions of our Terms of Service Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

    Choice of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Mississippi, without giving effect to any principles that provide for the application of the law of another jurisdiction.

    Claim Limitations. You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

  • You agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of the Terms of Service Agreement, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in the United States of America, Mississippi, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

    The arbitration will be conducted by JAMS Arbitration ("JAMS") under its applicable rules and procedures, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.

    Your rights will be determined by a neutral arbitrator and not a judge or jury. You understand that arbitration procedures can be more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review in court.

    You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.

    With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in the county and state referenced above.

  • Changes to Agreement. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any significant changes to this Agreement will be effective 30 days after posting such notice. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.