Terms & conditions

LA FLORELA TERMS AND CONDITIONS OF USE 

1. INTRODUCTION

Terms and conditions of use of La Florela (effective as of March 13, 2021)

Welcome to LA FLORELA website, www.laflorela.com ("La Florela website"), owned and operated by LA FLORELA LLC, a website dedicated to generate unforgettable experiences through the delivery of bouquets made with the best fresh-cut flowers that have been selected directly from the farms to be sent to your home, office or business; ideal for harmonizing your spaces and giving color to your days, celebrations and events (individually or collectively, the "Products and Services").

To ensure a safe and pleasant online environment for all our users, we have established Terms and Conditions of Use. This way, you will know what both parties expect from each other.

This Agreement is between you and La Florela LLC ("La Florela", "us", "our" or “we”), and regulates its access and use of the Service. For the purposes of this Agreement, "you" and "your" means that you are the user, purchaser, and/or subscriber of the website and/or the Products and Services. If you register, access, browse and/or use the website, application, social networks and/or the products and services on behalf of a company, organization or other entity, then "you" includes you and that entity, and you represent and warrant that you are an authorized representative of the organization with the authority to bind the entity to this Agreement and that you accept this Agreement on behalf of it.

 

2. ACCEPTANCE OF TERMS AND CONDITIONS OF USE

Unless otherwise indicated herein, the following are the terms and conditions that will govern access, purchase, subscription, and use of La Florela's website, mobile applications, social networks, and marketing channels. By buying any product or making any transaction with La Florela, you accept the terms of use established in this document. Please read them carefully.

PLEASE NOTE THAT THESE TERMS OF USE INCLUDING OUR PRIVACY NOTICE CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO A COURT HEARING AND TRIAL BY JURY.

The use of the site constitutes your agreement to follow these terms and to be bound by them. If you do not agree to these terms, you must abstain from accessing the service,purchasing goods through the service, or conducting any transaction.

La Florela reserves the right to make changes to the Site and to the Terms of  Use from time to time.

Whenever we make changes, we will post them here. For this reason, we recommend that you review these terms each time you use our Site because by visiting the Site, you agree to those changes.

The Products and Services available here are provided by La Florela LLC located at  7501 SW 127 ST Miami, FL 33156 (the "LA FLORELA Company", the "Company", "we" or "us"). This is the entity with which you are entering into this agreement.

PLEASE READ THE TERMS CAREFULLY. BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS, (ii) YOU UNDERSTAND THEM, (iii) YOU AGREE TO BE BOUND BY THEM, AND (iv) YOU ARE AT LEAST 18 YEARS OLD. PLEASE NOTE THAT YOU MAY NOT USE THE SITE OR THE SERVICES UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE NOT WILLING AND CANNOT GRANT YOU ACCESS TO THE SITE OR THE SERVICES.

 

3. MODIFICATIONS TO THE TERMS AND CONDITIONS

LA FLORELA may modify this Agreement, including its Privacy Notice, at any time in its sole discretion by posting the modifications on the website. We expect you to check this page from time to time to be aware of any changes, as they are binding. If you continue to use the Service after such posting, you agree to be bound by the current version of this Agreement. For your convenience, the date of the last revision is listed at the top of this page. If we make substantial changes to the Agreement, we may use reasonable efforts to notify you, including by email or by placing a prominent notice on the first page of the Site. However, it is your sole responsibility to check this Agreement from time to time for such changes. If at any time you do not agree to any part of the current version of this Agreement, you must immediately stop using the Service, stop ordering, and not renew any subscription services that you may be using.

Your continued use of LA FLORELA website and/or its products and services after any changes done will indicate your acceptance of such changes.

LA FLORELA may affect changes to the Service at any time. In addition, you understand that LA FLORELA may interrupt or restrict the use of the Service for any reason or no reason with or without prior notice. If you do not agree to any part of the Agreement, you must stop using the Service.

 

4. PRIVACY NOTICE

We recognize and respect the importance of maintaining the privacy of our users, customers, and subscribers; and as a result, we have established a privacy policy. 

("Privacy Notice")

Our Privacy Notice is located at: https: www.Laflorela.com. Here is where we describe the reason for us to collect information from any user, customer, or subscriber, what information we collect, how we collect it, what we use the information for, and how you can instruct us in the case that you would prefer to limit the use of your information. We recommend that you read our Privacy Notice carefully.

By using the Service, you declare that you have read and are aware of our privacy notice. If at any time you do not agree with any part of this document, you must immediately stop using the Service and the renewal of your subscription service, if applicable.

 

5. INTELLECTUAL PROPERTY 

LA FLORELA respects intellectual property, and requests that users of our Site and Services do the same. In relationship to our Sites and Services, we have adopted and implemented the following policy in compliance with The Copyright Law.

La Florela owns, has a license for, or has the right to, title and interest in the images and other materials on or available on the website and related to LA FLORELA's Products and Services. You agree that you do not have any right, title, or interest in or to the Service and to such content, including but not limited to any other attributes associated with any Account or stored on the Service, except that you retain ownership of your content (as defined below) subject to the license grant established herein.

Our brand LA FLORELA, LAFLORELA.COM, our logos, slogans, button icons, texts, graphics, images, video clips, sound clips, content, notices, data, page design, and selection and arrangement of content, page headers, scripts, names of products and services included, the designs of products made available, displayed, marketed and/or advertised through the LA FLORELA sites, are trademarks, registered trademarks of LA FLORELA LLC in the United States and all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein will be the sole and exclusive property of LA FLORELA and are protected by United States and international copyright,  commercial secrets or any other intellectual property laws and treaties.

LA FLORELA trademarks and commercial images may not be used in relation to any product or service that does not belong to the LA FLORELA LLC Company, in any way that may cause confusion among users or in any way that disparages or discredits LA FLORELA. You may not use any LA FLORELA logo or any other proprietary graphic or trademark as part of a hyperlink without the express written permission of LA FLORELA LLC.

 

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6. CLAIMS ABOUT COPYRIGHT INFRINGEMENT

LA FLORELA takes claims of copyright infringement very seriously. We will respond to messages of alleged copyright violations that are in accordance with current law. If you believe that any of the materials accessible from or through the LA FLORELA site page violate your copyright, you can request its removal by sending a written notification to our Copyright Agent (designated below) and please provide the following information required by the DMCA Online Copyright Infringement Limitation of Liability Act, 17 USC § 512 ("DMCA"). Please note that to be effective, the Notice must include ALL of the following:

• Your physical or electronic signature.
• Identification of the copyrighted work that you claim has been infringed; If the claim refers to multiple works contained in the Website, it must include a representative list of all of them.
• Identifying with sufficient precision the material that you believe is being infringed so that we can locate it.
• Your correct contact details so that we can contact you (including your first and last name, postal address, telephone number, and email address).
• A good faith statement that you believe that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 

Notices of alleged copyright infringement and counter-notifications should be addressed to:

 

LA FLORELA LLC

For the attention of the Legal advisor

7501 SW 127 ST MIAMI, FL 33156

 

By electronic mail: copyright@laflorela.com

(Please, for mail and email notices, include "Notice of Violation" in the subject line).

If you do not meet all of the above requirements, your DMCA Notice may not take effect.

Please note that if you knowingly misrepresent that material or activity on the Website, or violate our copyright, you could be held liable for damages (including costs and attorneys' fees) based on Section 512 (f) of the DMCA.

Once the notices that comply with the DMCA have been received, LA FLORELA will act to eliminate or disable access to any material that is found to be infringing or that is the subject of infringing activity. Also, La Florela will act to eliminate or to disable access to any reference or link to the material, or activity that is considered infringing.

It is often difficult to determine whether your intellectual property rights have been violated. We may request additional information before removing any infringing material. If a dispute develops over the correct owner of the rights in question, we reserve the right to remove your content along with the alleged infringer until the matter is resolved.

IMPORTANT NOTE: THE ABOVE INFORMATION IS PROVIDED EXCLUSIVELY TO NOTIFY LA FLORELA OF COPYRIGHTED MATERIAL INFRINGEMENTS. ALL OTHER INQUIRIES, SUCH AS QUESTIONS AND REQUESTS RELATED TO PRODUCTS OR SERVICES, OR QUESTIONS ABOUT PRIVACY, WILL NOT RECEIVE  AN ANSWER THROUGH THIS PROCESS.

 

User content and material

We do not claim ownership of user-generated content and material. Each and every one of the photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Site, on any of our blogs, social media accounts, or using tools or applications we provide to post or share such content with us; or (ii) has published or uploaded to their social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with #LAFLORELA or any other hashtag promoted by LA FLORELA (collectively, "Content of user") will be considered non-confidential and non-proprietary. By submitting or posting any User Content, you grant LA FLORELA and its affiliates perpetual and irrevocable, public relations, sales, or promotional fines with or without attribution and without prior notice. Neither you nor any other person or entity shall be entitled to (i) receive royalties or rewards of any kind for the use of User Content in accordance with these Terms or (ii) inspect or approve the editorial copy or other material that you may use in relation to User Content.

LA FLORELA shall be free to use any idea, concept, knowledge or technique contained in the above mentioned user Content for any purpose, including, but not limited to, the development, manufacture and marketing of products that incorporate or depend on such information. LA FLORELA will have no obligation to monitor user content, use or display of User Content. Neither will LA FLORELA compensate you for submitting User Content, or respond to any User Content. LA FLORELA retains the right, at its sole discretion and without prior notice, to remove, review, or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of the copyrights and other rights they may have in User Content.

By submitting or posting User Content on the Site, or on their own social media accounts, throughout any tool or application that we have furnished to post or share your User Content with us, you represent and warrant that (i) you own or control any and all of the rights in and to the User Content, and the right to grant all rights and licenses in these Terms, and if you are not the owner of such rights, the owner of such rights has fully and effectively waived all such rights and has irrevocably granted you the right to grant the licenses indicated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from anyone appearing in the User Content to use and grant others the right to use their name, image, voice and/ or likeness without the need to pay you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe the intellectual property, privacy, publicity, legal, contractual or other rights of third parties, (c) contain any type of slander, defamation, obscene, offensive, threatening, harassing or hateful content, (d) contain addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request from LA FLORELA, you will provide LA FLORELA with any documentation, justification or authorization necessary to verify your compliance with these Terms. You are solely responsible for User Content and you hereby agree to indemnify and exempt LA FLORELA and its employees, agents, affiliates, assignees and licensees harmless from any damages and/or claims.

LA FLORELA does not guarantee the truthfulness, accuracy or reliability of any User Content nor does it endorse the opinions expressed by you or any other person. By submitting or posting User Content, you fully, perpetually and unconditionally release LA FLORELA and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether known or unknown, of all kinds and nature related to: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by LA FLORELA or you of the Content of the user, including, but not limited to, any and all claims that the use of User Content in accordance with these Terms violates any of their intellectual property rights, copyrights, rights of publicity or privacy, "moral rights” or rights of attribution and integrity. You acknowledge and agree that LA FLORELA has no control and will not be liable for damages resulting from the use (including, but not limited to, re-posting) or misuse by you or any third party of any User Content. LA FLORELA acts as a passive conduit for User Content and has no obligation to examine or monitor User Content.

 

LA FLORELA HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IS DEEMED OBJECTIVE. YOU AGREE TO SUCH REMOVAL AND WAIVE ANY CLAIM AGAINST LA FLORELA DUE TO THIS FACT. LA FLORELA IS NOT RESPONSIBLE FOR FAILURE TO STORE PUBLISHED CONTENT OR OTHER MATERIALS THAT YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE STEPS TO KEEP COPIES OF ANY DATA, MATERIAL, CONTENT, OR INFORMATION THAT YOU POST ON THE SITE OR ANY OTHER SITE OR PLATFORM.

 

7. SALES TERMS AND CONDITIONS

 

7.1 PRODUCTS

All products placed on the Site ("Products"), their descriptions and their prices are subject to change. LA FLORELA reserves the right, at any time, to modify, suspend or discontinue the sale of any product with or without prior notice. You agree that LA FLORELA will not be liable to you or to any third party for any modification, suspension, or discontinuation of any Product.

7.2. PRICES

LA FLORELA may at any time review or change the prices, availability, specifications, content, descriptions or characteristics of any product sold or service offered through the Service. The inclusion of a product or service through the Service at a particular time does not imply or guarantee that these products will be available at any other time. We reserve the right to change the prices of products displayed on the Service, or the Service, at any time, and to correct pricing errors that may inadvertently occur. All these changes will take effect immediately after the publication of the prices of the new products in the Service and / or when informing the customer of the price error., As explained below

7.2.1 TYPOGRAPHICAL ERRORS.

LA FLORELA has no obligation to respect the incorrect prices in the Service or those received by our suppliers or from any other third party. In the event that a product is listed at an incorrect price or with incorrect information due to a typographical error or error in the price or in the product information received from our suppliers or any other third party, we will have the right to refuse or cancel any order. made for the product listed at the wrong price. We will have the right to reject or cancel such orders, regardless of whether the order has been confirmed and charged to your credit card or PayPal account. If your credit card or PayPal account has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your credit card account for the amount of the charge.

7.3 PAYMENTS

When making purchases of products through La Florela, you agree to pay the price of said products established in the Service, all shipping and handling costs and all applicable taxes in relation to your purchase (the "Total Purchase Amount") and authorize La Florela to charge your credit card or other payment method the total amount of the purchase. All currency references are in US dollars and all fees and charges are paid in accordance with the payment terms in effect at the time the fee or charge takes effect.

We accept most major credit and debit cards (Visa, AMEX, MasterCard, Discover). We also accept payments from Google Pay, PayPal, Amazon Pay and Apple Pay. We accept only credit cards for subscription plans. From overseas you can complete your order quickly and securely online using Apple Pay or PayPal. Orders will not be processed until payment has been received in full and any hold on your account by PayPal or any other payment processor has been lifted.

You agree and acknowledge that all information you provide regarding a purchase, including credit card, PayPal, or other payment information, is accurate, current, and complete. We reserve the right, with or without prior notice, to discontinue or limit the available quantity of any product or aspect of the Service and to respect or impose conditions on the fulfillment of any coupon, coupon code, promotion code or other similar promotions.

 

7.4 ACCEPTANCE / CONFIRMATION OF THE ORDER.

Once we receive your order through any of our sales channels, we will send you an order confirmation by email. However, the receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute a confirmation of our offer to sell; we are simply confirming that we received your order. We reserve the right at any time after receiving your order to accept or reject your order for any reason. If we cancel an order after it has already been invoiced, we will refund the invoiced amount.

 

7.5 SHIPPING POLICY

We deliver within the 48 states of the United States (excluding Alaska, Hawaii, Puerto Rico). We ship your flowers via FedEx or UPS. All orders are shipped using one of our external couriers. The earliest available delivery date for an order is the one indicated for the item on the Service. Shipping is not available for Sunday or Monday delivery unless otherwise noted. Online tracking may be available on the website of our courier (eg FedEx), although we do not offer guarantees regarding its availability because it is not under our control. While deliveries can be scheduled for a specific arrival, we cannot guarantee delivery at a specific time.

There is an additional charge for your delivery on Saturday. You will receive an email with the tracking number within 3 to 5 days of placing your order. You may track it at: www.fedex.com or at: www.ups.com.

We strongly advise recipients to be at the delivery location to receive the flowers, as flowers left outside are more likely to wilt, become dehydrated, and die. The courier can leave the package at the address whether the recipient or another person is available or not.

Please have someone at home to ensure the delivery and care of your flowers. If no one is available to receive the package, you can leave a note stating that it is okay to leave the flowers and waiving all responsibility for damage. Include your full name and signature. Please confirm the delivery address is correct. We are not responsible for any issues arising from any incorrect addresses.

Title and risk of loss for any purchase of physical products pass to you upon delivery by our carrier. While deliveries can be scheduled for a specific arrival, we cannot guarantee delivery at a specific time.

LA FLORELA will always give a 50% discount on shipping for Delivery in any state. As a thank you for your continued business, subscription and recurring scheduled deliveries will always receive 100% off Shipping.

 

7.5.1 NO DELIVERY TO CHILDREN

In compliance with our policy of not collecting personal information from children under the age of 13, users may not provide La Florela with the personal information of any child under the age of 13 for delivery or shipping purposes or for any other reason.

7.6 POLICY OF EXCHANGES IN PRODUCTS, RETURNS AND REFUNDS.

We are obsessed with bringing happiness, color and freshness with our beautiful bouquets. Remember that your flowers travel from sustainable farms in Colombia, without intermediaries and there may be some external factors such as weather and transportation that in extreme cases we will not be able to control. La Florela refund policy applies only in the following circumstances: if you received the wrong bouquet, if your bouquet shows quality defects, or if your bouquet didn’t arrive on time or it didn’t arrive at all. Please send your request to our customer service email within 48 hours after the product is delivered: within 3 days of your delivery, at: hello@laflorela.com  Clearly stating:

1. A) Order number.
2. b) Brief description of the quality problem, error, missing, or damage.
3. c) Number of branches (or stems) affected or claimed.
4. d) Photographs of ALL of the following must be included:

• Box
• Box label that clearly shows the tracking number
• Damaged, bug, or problem being reported

 

Credits or refunds issued for replacement bouquets, late deliveries, or other customer service issues are considered "Service Credits." You agree and understand that Service Credits are not Gift Cards and will not be treated as Gift Cards. Service Credits are for one-time use only and can only be redeemed by the recipient of the Service Credit. Service Credits cannot be combined with other promotional codes or offers. Service Credits may not be resold, used for payments outside of the Service, used for unauthorized marketing, sweepstakes, advertising, or other promotional purposes, redeemed for more than face value, transferred for value, or redeemed for cash. Service Credits will expire one (1) year after issuance unless otherwise noted when issued.

7.7 PRODUCT CHANGES.

Changes to your order, after receipt of the order confirmation, can only be made within 24 hours after purchase. Otherwise, we will already be cutting your stems in the crop and it will not be possible to make changes to your order.

7.8 SUBSCRIPTION SERVICE

7.8.1 How does the subscription work?

Customize your plan by following these simple steps:

1. Select the design from any of our collections and choose the size of your bouquet : we have three sizes. : Premium, Fabolous and Sumptuous.
2. Select the frequency: 3, 6, or 12 months and the recipient of the subscription: yourself or send it to someone else!
3. Select the date you want the bouquet to be delivered.

By subscribing to LA FLORELA's repeat delivery service for flower bouquets or other ongoing services (a "LA FLORELA Bouquet Subscription"), you authorize LA FLORELA and its service providers to bill your credit card or another payment method. I pay the amounts and at the intervals described in our Service. (or approximately at those intervals, to accommodate holidays and other irregularities) until the end of the Service subscription period.

When you purchase a LA FLORELA Bouquet Subscription, you can designate the frequency of deliveries of specific products. (Ex., Subscription of three (3) months, six (6) months, twelve (12) months) and also select the periodicity of the delivery of your Flowers (ex: One (1) time a month or two (2) times a month.

Payment for the LA FLORELA Bouquet Subscription Service will be based on your subscription selection and will be charged according to the payment plan you select. For prepaid services, you can determine the prepaid period of the general subscription taking into account the above.

Once the payment for the Bouquets LA FLORELA Subscription Service is settled, your first delivery occurred on the delivery date chosen by you during the purchase process. If you choose to receive the Bouquets Subscription services biweekly, your next delivery will occur two weeks after your first scheduled delivery. If you choose to have your Bouquet Subscription Service delivered to you once a month, your next delivery will occur within seven days of your next billing cycle.

You can modify the delivery dates of your Subscription Service of our Bouquets through customer service channels or by sending a request to hello@laflorela.com 

In cases where your credit card expires, is canceled, exceeds the limit, or is declined for any reason, we will not continue to deliver bouquets or renew your Service Subscription, although we can, but are not required to, we will contact you to notify you of the problem

7.8.2. CANCELLATION OF THE SUBSCRIPTION SERVICE

Cancellation of your LA FLORELA Bouquets Subscription, before the first subscription order is placed, will result in a cancellation fee, which totals the amount of your canceled order. Cancellation charges are processed in the form of a gift card and will be sent to the email address associated with your account. You can use this credit on future orders at LA FLORELA.COM up to one year after cancellation. After placing the first subscription order, no cancellation charges apply.

7.8.3 Auto-Renewal Services Subscription Billing

Upon expiration of the prepayment period of your Bouquets LA FLORELA Subscription, your Subscription will automatically renew with the frequency indicated on your subscription page (or if it is not designated, then monthly) and you will be charged the corresponding subscription and shipping fees up to you cancel your subscription or we cancel it.

We reserve the right to adjust the price of any subscription in any way and at any time that we may determine in our sole and absolute discretion. Unless expressly provided otherwise in this Agreement, any price changes to your Service Subscription will become effective on the next renewal date.

To avoid the automatic renewal of your Bouquets LA FLORELA subscription service, you must cancel your subscription at least (30) days before the renewal of your subscription. If you do not cancel your subscription within this time period, your credit card will be billed for the next subscription cycle.

Request the cancellation of your Subscription service in any of our customer service channels or by sending an email to hello@laflorela.com

 

8. DISCOUNTS AND PROMOTIONS

La Florela can offer a discount for referrals, as well as a discount for subscription plans and/or prepaid purchase plans. These promotions may be modified by the information published on our Site.

Please, read the official rules that accompany each special offer, coupon, discount, contest and giveaway that we may offer or run. Special offers, coupons or discounts cannot be used in conjunction with other offers. Limit of one promotion per order. Promotions are valid only for the established time. The Company reserves the right to modify, cancel, deactivate or remove any or all promotions at any time, for any reason, at our sole discretion.

Discounts, promotions and store credits of any kind are not cumulative and cannot be combined unless they are the sole discretion of LA FLORELA, subject to the specific terms of any offer. 

Discounts offered for subscriptions and/or prepaid purchases will be forfeited if the subscription or prepaid orders are canceled prior to completion and in such event, we reserve the right to reverse any discount provided and retroactively charge you the full retail price of any order. compliment. as part. of said subscription or prepaid purchases. In these cases, we may offset the number of canceled refunds of refunds that you may be entitled to.

If there is any inconsistency due to prices, discounts, or any other type of information published on the site, the most beneficial terms for LA FLORELA will prevail and take effect.

  

9. LOCATION 

The Service is operated by LA FLORELA LLC in the United States.

 

10. APPLICABLE LAW AND ARBITRATION

LA FLORELA LLC operates from its offices within the United States of America.

You agree that any and all claims, disputes, controversies, actions or procedures related to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), delivery, use or sale of each and every one of the products and services of The Company LA FLORELA LLC and its affiliates or agents, through all marketing channels, including, but not limited to, the Internet, telephone, mobile application, catalog, radio, television and mobile device or the content provided on this website (collectively "Claims"), will be governed by the substantive laws of the State of Florida without regard to its principles of conflict of laws and that each and every Claim is resolved exclusively by final, binding arbitration administered by the American Arbitration Association ("AAA") or by a state small claims court of jurisdiction. competent authority over the Claim and the parties.

You agree that: (i) the arbitration will be conducted before a single arbitrator in accordance with the applicable Rules and Procedures established by the AAA; and (ii) the arbitrator will have the authority to award actual direct damages only without authority to issue fines and penalties or award punitive damages or equitable compensation. 

THERE IS NO RIGHT TO LITIGATE YOUR CLAIM IN COURT (WITH THE EXCEPTION OF A SMALL CLAIM COURT AS PROVIDED HEREIN) AND NO RIGHT TO A TRIAL BY JURY.

Your claim will be arbitrated on an individual basis, and neither party will have the right to participate as a representative, or as a subscriber of any class of claimants belonging to any Claim subject to arbitration, and that the arbitrator will not have the authority to consolidate or join Claims of other persons or parties who may be in a similar situation and can only resolve Claims, and award awards between you and the Company and its Affiliates only.

If any part of this arbitration provision is found to be invalid, unenforceable or illegal, or if it conflicts with the AAA Rules and Procedures, then it will be voided and the remainder of this arbitration provision will remain in effect and will be construed accordingly. For more information on the AAA and its rules and procedures, you can visit the AAA website at //www.adr.org. Notwithstanding these provisions, you may choose to file your Claim in a state small claims court of competent jurisdiction over the Claim and the parties.

 

11. INDEMNITY

You agree to indemnify, defend and hold harmless LA FLORELA LLC, its subsidiaries and parent companies, and each of its officers, directors, managers, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including fees reasonable attorneys) relating to or arising out of any claim by a third party that (a) your use or inability to use the website or the products and services, (b) any user posts made by you, (c) your violation of any term of these Terms of Use or your violation of any right of a third party, or (d) your violation of any applicable law, rule or regulation. LA FLORELA LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate fully with LA FLORELA LLC to assert available defenses.

 

12. GENERAL MATTERS

12.1 FORCE MAYOR.

LA FLORELA will not be liable for any delay or failure resulting from causes beyond our reasonable control, including, but not limited to, any failure under this agreement due to unforeseen circumstances or causes beyond our control, such as acts of God, war, pandemics, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes or shortage of means of transport, fuel, energy, labor or materials.

12.2 ASSIGNMENT.

LA FLORELA may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. The Agreement may not be assigned without our prior written consent, and any assignment not authorized by you will be null and void.

12.3 SEVERABILITY.

If any part of this Agreement is found to be void, invalid or unenforceable, that part will be severed and the remainder of the Agreement will be in full force and effect.

12.4 WITHOUT ASSOCIATION.

You agree that no joint venture, partnership, employment or agency relationship exists between you and LA FLORELA LLC as a result of this Agreement or your use of the Service.