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 1. Home
 2. About Us
 3. Terms of Use

 1. Home
 2. About Us


TERMS OF USE


THE BOUQS COMPANY TERMS OF USE

Effective as of February 14, 2022

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.

SECTION 15 OF THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS
ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR
RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. READ IT
CAREFULLY.

Welcome to https://bouqs.com/ (the “Site”), a website dedicated to simplifying
bouquet purchases. By browsing or using the Site, The Bouqs Company mobile
applications (collectively, the “App”),The Bouqs’ social media sites, or other
related applications or online services offered by The Bouqs Company
(collectively, the “Service”), purchasing any goods through the Service, or
entering into any other transactions with The Bouqs Company, you agree to the
terms of use set forth herein (the “Agreement”).

This Agreement is between you and The Bouqs Company (“The Bouqs, we, our” or
“us”), and it governs your access to and use of the Service. For purposes of
this Agreement, “you” and “your” means you as the user of the Service. If you
use the Service 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 entity with the authority to bind the entity
to this Agreement and that you agree to this Agreement on the entity’s behalf.

If you do not agree to any part of this Agreement, you are not permitted to use
or access the Service, purchase goods through the Service, or enter into any
transactions on the Service with The Bouqs.


CONTENTS

 1.  AMENDMENTS AND CHANGES

 2.  PRIVACY STATEMENT

 3.  DATA AND INTELLECTUAL PROPERTY OWNERSHIP

 4.  LIMITED LICENSE AND GENERAL RULES

      * 4.1 LICENSE
     
      * 4.2 MOBILE SOFTWARE FROM THE APPLE APP STORE
     
      * 4.3 LICENSE LIMITATIONS

 5.  ELIGIBILITY AND ACCOUNTS

      * 5.1 ELIGIBILITY
     
      * 5.2 ACCOUNT
     
      * 5.3 ACCOUNT INFORMATION
     
      * 5.4 ACCOUNT SECURITY
     
      * 5.5 NO OWNERSHIP RIGHTS IN ACCOUNT

 6.  THIRD-PARTY WEBSITES OR RESOURCES

 7.  GIFT MESSAGE AND YOUR CONTENT GENERALLY

 8.  DMCA NOTICE

 9.  FEES AND PAYMENTS

      * 9.1 PAYMENTS
     
      * 9.2 SUBSCRIPTIONS
     
      * 9.3 DISCOUNTS
     
      * 9.4 RETURN AND REFUND POLICY
     
      * 9.5 CHANGES TO PRODUCTS AND PRICING
     
      * 9.6 CHANGES TO PRODUCTS AND PRICING
     
      * 9.7 ORDER ACCEPTANCE/CONFIRMATION
     
      * 9.8 SHIPMENT OF PRODUCTS
     
      * 9.9 NO DELIVERY TO CHILDREN
     
      * 9.10 TYPOGRAPHICAL ERRORS

 10. GIFT CARDS

      * 10.1 GENERALLY
     
      * 10.2 NO EXPIRATION; NO DORMANCY FEE
     
      * 10.3 RISK OF LOSS
     
      * 10.4 COMPLIANCE WITH LAWS; FRAUD

 11. LOCATION

 12. DISCLAIMER OF WARRANTIES

 13. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY

 14. INDEMNIFICATION

 15. BINDING ARBITRATION AND CLASS ACTION WAIVER

 16. TERM AND TERMINATION

 17. GENERAL

      * 17.1 FORCE MAJEURE
     
      * 17.2 NO PARTNERSHIP
     
      * 17.3 ASSIGNMENT
     
      * 17.4 SEVERABILITY
     
      * 17.5 ATTORNEYS’ FEES
     
      * 17.6 NO WAIVER
     
      * 17.7 EQUITABLE REMEDIES
     
      * 17.8 ENTIRE AGREEMENT
     
      * 17.9 HEADINGS
     
      * 17.10 GOVERNING LAW
     
      * 17.11 APPLE

 18. NOTICE TO CALIFORNIA USERS AND RESIDENTS

 19. ACKNOWLEDGEMENT AND AGREEMENT


1. AMENDMENTS AND CHANGES

The Bouqs may amend this Agreement at any time in its sole discretion by posting
the amended Agreement on the Site. You are expected to check this page from time
to time so you are aware of any changes, as they are binding on you. By
continuing to use the Service after any such publication, you are agreeing to be
bound by the then current version of this Agreement. Any changes to the
Agreement will be in effect as of the “Effective as of” date referred to at the
top of this page. If we make changes to the Agreement that are material, we will
use reasonable efforts to attempt to notify you, including by sending you an
email to the email address associated with your Account. You are responsible for
providing us with your current email address when you create an Account, and, if
your email address changes, for updating your Account information to reflect
your new email address. If at any point you do not agree to any portion of the
then-current version of this Agreement, you must immediately stop using the
Service, cease any ordering, and not renew any subscription service you may be
using.


2. PRIVACY STATEMENT

Our privacy practices in operating the Service are described in our Privacy
Statement located at https://bouqs.com/about-us/privacy (“Privacy Statement”).
By using the Service, you represent that you have read and consent to our
Privacy Statement. If at any point you do not agree to any portion of the
Privacy Statement, you must immediately stop using the Service and not renew
your subscription service, if any.


3. DATA AND INTELLECTUAL PROPERTY OWNERSHIP

As between you and The Bouqs, The Bouqs owns, has licensed, or otherwise has
rights, title and interest in and to the images and other materials on the
Service and the software for the Service. You agree that you have no right,
title or interest in or to the Service and any such content, including, without
limitation, 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 set forth herein.

All software (including source code), logos, icons, the Service’s “look and
feel,” text, graphics, images, video clips, sound clips, content, notices, data,
page layout, and selection and arrangement of the content and all copyrights,
patents, trade secrets, trademarks and other intellectual property rights
therein shall be owned solely and exclusively by The Bouqs and/or its licensors
and are protected by United States and international copyright, trade secret or
other intellectual property laws and treaties. The Bouqs and its licensors
reserve all rights in connection with the Service and its content, including,
without limitation, the exclusive right to create derivative works therefrom.

Our name, “The Bouqs” and “Bouqs,” our logos, and all of our other marks, names,
logos, product and service names, designs and slogans are trademarks or service
marks of The Bouqs or its affiliates or licensors and protected by United States
and foreign trademark laws. Other names, logos, product and service names,
designs and slogans that appear on the Service are the property of their
respective owners, who may or may not be affiliated with, connected to, or
sponsored by The Bouqs. Any images of persons or personalities contained on the
Service are not an indication or endorsement of The Bouqs or any particular
product or our service unless otherwise indicated.


4. LIMITED LICENSE AND GENERAL RULES

4.1 LICENSE.

Subject to your compliance with the terms and conditions of this Agreement, The
Bouqs grants you a personal, nonexclusive, non-sublicensable, revocable (as
stated in this Agreement), nontransferable license to use the Service for your
personal and noncommercial use only, and to download a single copy of the App
onto your own mobile device. You may not use the Service for any other purpose,
including any way that breaches the Privacy Statement or any other terms
applicable to the Service. Neither the Service nor any portion of The Bouqs’
services may be reproduced, duplicated, copied, modified, sold, resold,
distributed, or otherwise exploited for any commercial purpose without the
express written consent of The Bouqs. Except as expressly set forth herein, this
Agreement grants you no rights in or to the intellectual property of The Bouqs
or any other party. The license granted in this Section 4 is conditioned on your
compliance with the terms and conditions of this Agreement. In the event that
you breach any provision of this Agreement, your rights under this Section 4
will immediately terminate. You agree to comply with all applicable laws at all
times when using the Service and using related services, and that you will not
attempt to harm or overload the computer systems used to operate the Service or
the computer systems of other users of the Service such as, by example only,
causing any viruses or harmful code to be introduced to such computer systems.

4.2 MOBILE SOFTWARE FROM THE APPLE APP STORE.

The following terms and conditions apply to you only if you are using the App
from the Apple App Store. To the extent the other terms and conditions of this
Agreement are less restrictive than, or otherwise conflict with, the terms and
conditions of this paragraph, the more restrictive or conflicting terms and
conditions in this paragraph apply, but solely with respect to the App from the
Apple App Store. You acknowledge and agree that this Agreement is solely between
you and The Bouqs, not Apple, and that Apple has no responsibility for the App
or content thereof. Your use of the App must comply with the App Store Terms of
Use. You acknowledge that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the App. In the event of any
failure of the App to conform to any applicable warranty, you may notify Apple,
and Apple will refund the purchase price, if any, for the App to you; to the
maximum extent permitted by applicable law, Apple will have no other warranty
obligation whatsoever with respect to the App, and any other claims, losses,
liabilities, damages, costs or expenses attributable to any failure to conform
to any warranty will be solely governed by this Agreement. You and The Bouqs
acknowledge that Apple is not responsible for addressing any claims by you or
any third party relating to the App or your possession and/or use of the App,
including, but not limited to, (1) product liability claims, (2) any claim that
the App fails to conform to any applicable legal or regulatory requirement, and
(3) claims arising under consumer protection or similar legislation. You and The
Bouqs acknowledge that, in the event of any third-party claim that the App or
your possession and use of that App infringes that third party’s intellectual
property rights, The Bouqs, not Apple, will be solely responsible for the
investigation, defense, settlement and discharge of any such intellectual
property infringement claim to the extent required by this Agreement. You must
comply with applicable third-party terms of agreement when using the App. You
and The Bouqs acknowledge and agree that Apple, and Apple’s subsidiaries, are
third-party beneficiaries of this Agreement as they relate to your license of
the App, and that, upon your acceptance of this Agreement, Apple will have the
right (and will be deemed to have accepted the right) to enforce this Agreement
against you as a third-party beneficiary thereof.

4.3 LICENSE LIMITATIONS.

The license granted to you in Section 4.1 above is subject to the limitations as
set forth in this Section 4 (collectively, the “License Limitations”). Any use
of the Service in violation of these License Limitations or this Agreement will
be regarded as an infringement of The Bouqs’ rights. The above-granted license
in Section 4.1 does not grant you the right to, and you hereby agree that you
will not, under any circumstances:

 1.  download, modify, copy, distribute, transmit, display, perform, reproduce,
     duplicate, publish, license, create derivative works from, or offer for
     sale any information contained on, or obtained from or through, the
     Service, without The Bouqs’ express prior written consent;
 2.  duplicate, decompile, reverse engineer, disassemble or decode the Service
     (including any underlying idea or algorithm), or attempt to do any of the
     same;
 3.  use, reproduce or remove any copyright, trademark, trade names, slogan,
     logos, images, service marks or other proprietary notations displayed on or
     through Service;
 4.  frame or utilize any framing techniques to enclose any trademark, logo or
     other proprietary information (including images, text, page layout or form)
     of The Bouqs without our express consent;
 5.  purchase search terms or use any meta tags or other “hidden text” utilizing
     The Bouqs’ name or trademarks without our express consent;
 6.  attempt to gain unauthorized access to, interfere with, damage or disrupt
     the Service, accounts registered to other users, or the computer systems or
     networks connected to the Service;
 7.  circumvent, remove, alter, deactivate, degrade or thwart any technological
     measure or content protections of the Service;
 8.  use any robot, spider, crawlers or other automatic devices, processes,
     software or queries that intercept, “mine,” scrape or otherwise access the
     Service to monitor, extract, copy or collect information from or through
     the Service, or any manual process to do the same;
 9.  introduce any viruses, Trojan horses, worms, logic bombs or other materials
     that are malicious or technologically harmful;
 10. use the Service to ask users for their personal information;
 11. use the Service for illegal, harassing, unethical, or disruptive purposes;
 12. use the Service in any way that would affect us adversely or reflect
     negatively on us, the Service, our goodwill, our employees or moderators,
     our name or reputation, or discourage any person, firm or enterprise from
     using all or any portion, features or functions of the Service, or from
     advertising, linking or becoming a supplier to us in connection with the
     Service;
 13. violate any applicable law or regulation in connection with your use of the
     Service; or
 14. use the Service in any way not expressly permitted by the Agreement.


5. ELIGIBILITY AND ACCOUNTS

5.1 ELIGIBILITY.

You represent that you are an adult and have the legal capacity to enter a
contract in the jurisdiction where you reside, and are at least eighteen (18)
years of age. Children under the age of 18 are not allowed to use the Service.
You further represent that you are not an individual specifically prohibited by
The Bouqs from using any part of the Service.

5.2 ACCOUNT.

To access certain portions of the Service, you may be required to create an
account through the Service (an “Account”). You agree that you shall not create
an Account or use the Service if you (1) are under the age of 18, (2) have
previously been removed by The Bouqs or banned from using The Bouqs’ services
(including this Service), (3) already have an Account with us, (4) are located
in a country embargoed by the United States or (5) are on the U.S. Treasury
Department’s list of Specially Designated Nationals. You agree to only provide
accurate and truthful information when setting up an Account and not to access
Accounts or information about Accounts other than your own.

Your Account is for your use only. You agree not to lease, assign, sell,
transfer, rent, share or provide access, directly or indirectly to, your Account
or password with anyone else. You are responsible for all actions taken via your
Account.

5.3 ACCOUNT INFORMATION.

You can access, edit and update your Account information at any time through the
My Account section of the Service (currently located on the Site at
https://bouqs.com/login). You agree that you will supply truthful, accurate and
complete information to The Bouqs, and that you will update such information
promptly in the event that it changes. You acknowledge that, if any information
provided by you is untrue, inaccurate, not current or incomplete, The Bouqs
reserves the right to terminate the Agreement, your Account, and/or your use of
the Service.

You may not transfer, share or make available your Account information to
others. Any distribution by you of Account information may result in suspension,
termination or cancellation of your access to the Service.

5.4 ACCOUNT SECURITY.

You are entirely responsible for maintaining the confidentiality of your
Account, username, and password, and for all activities which occur through the
use of your Account, including purchases, whether or not authorized by you. You
agree to (1) immediately notify The Bouqs of any unauthorized access to or use
of your Account, username or password, or any other breach of security, and (2)
ensure that you secure your Account and computer from third-party access,
including by exiting from your account at the end of each session. You should
use particular caution when accessing your account from a public or shared
computer so that others are not able to view or record your password or other
personal information. The Bouqs will not be liable for any loss or damage
arising from your failure to comply with this Section 5.4. You may be issued a
new password or be required to change your password from time to time.

You agree that all information you provide to register with the Service or
otherwise, including, but not limited to through the use of any interactive
features on the Service, is governed by our Privacy Statement, and you consent
to all actions we take with respect to your information consistent with our
Privacy Statement.

5.5 NO OWNERSHIP RIGHTS IN ACCOUNT.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT
YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR
HOSTED ON THE BOUQS’ SERVERS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL
RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO
THE BENEFIT OF THE BOUQS.


6. THIRD-PARTY WEBSITES OR RESOURCES

The Service may contain links to websites or resources operated by other
parties. WE PROVIDE THESE LINKS TO OTHER WEBSITES AS A CONVENIENCE, AND USE OF
THOSE SITES IS AT YOUR OWN RISK. The linked sites are not under the control of
The Bouqs, and we are not responsible for the content available on the other
sites. Such links do not imply our endorsement of information or material on any
other site. The Bouqs 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 use of, inability to use or reliance on any such content, goods
or services available on such websites, apps or resources. These third-party
websites and resources have separate and independent privacy statements, notices
and terms of use, which we recommend you read carefully.


7. GIFT MESSAGE AND YOUR CONTENT GENERALLY

In the event you order a gift message (whether text, images, video or otherwise)
to be delivered with your purchase, you agree that The Bouqs is not responsible
in any manner for the content of your message or the receipt or use of that
message by the recipient or others. You agree not to include any defamatory,
obscene, illegal or offensive content in your gift messages or content that
would violate the privacy or intellectual property rights of others when
published, distributed or displayed by The Bouqs as part of The Bouqs offering
its services through the Service. The Bouqs will not be liable for any claims
relating to or arising from such gift message or, in the case of video gift
messages, use or attempted use of the third-party video service, including,
without limitation, any claims relating to invasion of privacy or security
breaches. We reserve the right to discontinue or not display or distribute any
gift message if we reasonably believe that such display or distribution would
violate the terms above. You acknowledge and agree that any gift message you
provide to The Bouqs may be shared with the recipient of the related product.

Portions of the Service may allow you to post, upload, publish, submit or
transmit content to be made available through the Service, including gift
messages, comments on our blogs, photos shared with #Bouqlove or any other
Bouqs-owned tags, and Bouqs-owned social handles (e.g., @TheBouqsCo)
(collectively, “Your Content”). By so posting or submitting Your Content,
including on any publicly accessible blog, comments or community forum we may
make available (collectively “Forums”), you represent and warrant (a) that you
own or otherwise control all of the rights to Your Content, including without
limitation, all copyrights; (b) that Your Content is accurate; and (c) that use
of Your Content does not violate this Agreement and will not cause injury to any
person or entity. We take no responsibility and assume no liability for any
content or materials submitted or posted through the Service, including in the
Forums, by you or any third party. The Bouqs from time to time may seek your
permission to use certain of Your Content on the Site, on The Bouqs’ social
media sites and/or in The Bouqs’ marketing materials. The Bouqs may use third
party content aggregators for such purpose, and in giving The Bouqs permission
to you Your Content, you are also giving the third party aggregator permission
to use Your Content for the stated purpose. WE RESERVE THE RIGHT TO REMOVE ANY
CONTENT, MATERIAL, OR SUBMISSION FOR ANY REASON, INCLUDING IF WE DETERMINE IN
OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE
RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE
SERVICE.[1]

As a condition of your use of the Service, you hereby grant to The Bouqs a
nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable,
sublicensable license to access, use, reproduce, transmit, display, publish,
distribute, modify and adapt and create derivative work from Your Content,
including to post Your Content on and the Site and The Bouqs’ social media pages
and in The Bouqs’ marketing materials, as provided above.


8. DMCA NOTICE

It is the policy of The Bouqs to respond to notices of alleged copyright
infringement that comply with the Digital Millennium Copyright Act (the “DMCA”).

Anyone who believes that his or her work has been reproduced in the Service in a
manner which constitutes copyright infringement may submit a notification to The
Bouqs’ copyright agent in accordance with the Digital Millennium Copyright Act
(the “DMCA”), by providing the following information in writing:

 1. identification of the copyrighted work that is claimed to be infringed;
 2. identification of the allegedly infringing material that is requested to be
    removed, including a description of where it is located on the Service;
 3. information for our copyright agent to contact you, such as an address,
    telephone number, and, if available, e-mail address;
 4. a statement that you have a good faith belief that the identified, allegedly
    infringing use is not authorized by the copyright owners, its agent or the
    law;
 5. a statement that the information above is accurate, and under penalty of
    perjury, that you are the copyright owner or the authorized person to act on
    behalf of the copyright owner; and
 6. a physical or electronic signature of a person authorized to act on behalf
    of the owner of the copyright or of an exclusive right that is allegedly
    infringed.

If you are asserting infringement of an intellectual property right other than
copyright, please specify the intellectual property right at issue (for example,
“trademark”) by notating this in your written notice. You acknowledge that if
you fail to comply with all of the requirements for a notice of infringement as
specified above, your DMCA notice may not be valid.

Notices of copyright infringement claims should be sent by mail to: The Bouqs,
ATTN: Legal, 4094 Glencoe Ave., Marina Del Rey, CA 90292; or by email to
dmca@thebouqs.com.[2] The Bouqs will respond expeditiously to claims of
copyright infringement using the Service that are reported to The Bouqs’
copyright agent in the notification explained above.

It is The Bouqs’ policy, in appropriate circumstances and at its discretion, to
disable or terminate the accounts of users who infringe copyrights or
intellectual property rights of others.


9. FEES AND PAYMENTS

9.1 PAYMENTS.

You acknowledge and agree that all information you provide with regards to a
purchase, including, without limitation, credit card, PayPal, or other payment
information, is accurate, current and complete. You represent and warrant that
you have the legal right to use the payment method you provide to us or our
payment processor, including, without limitation, any credit card you provide
when completing a transaction. We reserve the right, with or without prior
notice, to (1) discontinue or limit the available quantity of any product or
aspect of the Service, (2) honor, or impose conditions on the honoring of, any
coupon, coupon code, promotional code or other similar promotions, and (3)
refuse to allow any user to purchase a product or deliver any product to a user.

When you purchase products through the Service, you (1) agree to pay the price
for such products set forth in the Service, all shipping and handling charges
and all applicable taxes in connection with your purchase (the “Full Purchase
Amount”) and (2) authorize The Bouqs to charge your credit card or other payment
method for the Full Purchase Amount. Our Service may allow you purchase products
and designate them to be delivered at a future date. In such instance, you
acknowledge and agree that The Bouqs may charge your credit card or other
payment method for the Full Purchase Amount on the date of purchase, rather than
on the ultimate date of delivery of the applicable products. Unless otherwise
noted, all currency references are in U.S. dollars. All fees and charges are
payable in accordance with payment terms in effect at the time the fee or the
charge becomes payable.

Payment can be made by credit card, debit card, or through PayPal or other means
that we may make available. Orders will not be processed until payment has been
received in full, and any holds on your account by PayPal or any other payment
processor (including Authorize.net, Braintree or Paypal) are solely your
responsibility.

9.2 SUBSCRIPTIONS.

If you purchase a subscription for repeated deliveries or other ongoing services
(a “Service Subscription”), then you hereby authorize The Bouqs and its service
providers to bill your credit card or other payment method for the amounts and
at the intervals described on our Service (or at approximately those intervals,
to accommodate for holidays and other irregularities) until the end of the
Service Subscription period or indefinitely if you decide to purchase an
open-ended Service Subscription. In cases where your credit card expires, is
canceled, is over the limit, or is otherwise declined for any reason, we will
not continue to deliver bouquets or renew your Service Subscription, though we
may, but are not obligated to, contact you to notify you of the issue.

When you purchase a Service Subscription, you will be able designate the
frequency of deliveries for specific products. For pre-paid services, you will
be able to determine the pre-paid period of the overall subscription (e.g.,
three (3) month subscription for one delivery per month, one (1) year
subscription for four (4) deliveries each month during that year, etc.).

When you opt into a Service Subscription via The Bouqs product page, your
activating purchase is considered a singular discounted order, unaffiliated with
your subscription deliveries. Your first subscription order will arrive
approximately one month from your activating purchase delivery date. Cancelling
your Service Subscription before the first subscription order is made will
result in a cancellation charge of $36. Cancellation charges will be processed
in the form of a gift card and sent to the email address associated with your
account. You may use this credit on future orders on Bouqs.com. This credit does
not expire. After the first subscription order is made, cancellation charges do
not apply.

At the expiration of the pre-paid period of your Service Subscription, your
Service Subscription will automatically renew at the frequency referenced on
your subscription page (or if not designated, then monthly) and you will be
charged applicable subscription and delivery fees until you cancel your
subscription or we terminate it. You may cancel your subscription at any time by
emailing help@thebouqs.com or using the manage subscription feature on your
account settings (currently located at https://bouqs.com/flower-subscriptions).

We reserve the right to adjust pricing for any subscription in any manner and at
any time as we may determine in our sole and absolute discretion. Except as
otherwise expressly provided for in this Agreement, any price changes to your
Service Subscription will take effect on the next renewal date.

9.3 DISCOUNTS.

The Bouqs may provide a discount for referrals, as well as a discount for
subscription plans and/or prepaid purchase plans. These promotions may be
altered by information published on our Service, and if any information is
conflicting, the terms most beneficial to The Bouqs shall prevail and take
effect. We may refuse to provide such discounts for any reason including, but
not limited to, fraud, mistake on the part of our publication of information,
actual or expected financial hardship, sale of all or part of our business, or
any other reason at our sole discretion. Discounts, promotions, and store
credits of any kind may not be combined unless at our sole discretion. 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 before completed, and in such case we reserve the right to reverse any
discounts provided and retroactively charge you the full retail price for any
orders fulfilled as part of such subscription or prepaid purchases. In these
cases, we may offset the amount of the voided discounts from any refunds that
you may be entitled to.

Discounts or other financial benefits given in reward for referring other users
to us may be considered a taxable benefit by any revenue agency having
jurisdiction over you, which you are solely responsible for, and you should
consult an accountant and/or tax attorney in your jurisdiction to determine your
tax liabilities incurred as a result of participating in our referral program.
Should a user abuse the referral program through fraudulent activities such as
referring oneself, creating multiple accounts or other such tactics that
constitute theft and/or fraud, we may notify the authorities, and you may be
prosecuted under statutes, including 18 U.S.C. § 506 No Electronic Theft Act, 18
U.S.C. § 1029 Fraud and Related Activity in Connection with Access Devices, 18
U.S.C. § 1030 Fraud and Related Activity in Connection with Computers, or other
similar laws or statutes. We reserve the right to charge any payment method on
file the full retail price of all deliveries under any account deemed to be
fraudulent, and these charges may include any amounts previously discounted in a
previous promotion.

9.4 RETURN AND REFUND POLICY.

Except as provided below, there are no refunds or returns for the goods
purchased on the Service. All sales are final. You may receive a replacement
bouquet only if (1) the wrong item was delivered, the bouquet arrives in
substandard condition, or the bouquet was never delivered and (2) you complete a
customer service request form at https://help.bouqs.com/hc/en-us/requests/new
(or its successor webpage) within three (3) calendar days of the delivery date.
In the event the bouquet arrived in substandard condition, you must also attach
a photograph of the bouquet to the customer service request form. Credits issued
for replacement bouquets cannot be transferred or redeemed for cash.

In the event the bouquet is delivered on a day other than the selected delivery
date, The Bouqs may issue a promotional credit for the amount paid for shipping.

9.5 CHANGES TO PRODUCTS AND PRICING.

Credits issued for replacement bouquets, for late deliveries, or for other
customer service issues are considered “Promotional Credits.” You agree that
Promotional Credits are not Gift Cards (as defined below) and will not be
treated as Gift Cards. Promotional Credits are for one-time use and are only
redeemably by the recipient of the Promotional Credit. Promotional Credits
cannot be combined with other codes or promotional offers. Promotional Credits
cannot be resold, used for payment 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. Promotional
Credits will expire one (1) year from issuance unless otherwise stated when
issued.

All returns for purchases made using a Gift Card will result in credit to a Gift
Card or issuance of a new Gift Card in the amount of the return.

9.6 CHANGES TO PRODUCTS AND PRICING.

The Bouqs may, at any time, revise or change the pricing, availability,
specifications, content, descriptions or features of any products sold or
services offered through the Service. The inclusion of any products or services
through the Service at a particular time does not imply or warrant that these
products will be available at any other time. We reserve the right to change
prices for products displayed on the Service, or the Service, at any time, and
to correct pricing errors that may inadvertently occur. All such changes shall
be effective immediately upon posting of such new product prices to the Service
and/or upon making the customer aware of the pricing error, as explained in
further detail in Section 9.9.

9.7 ORDER ACCEPTANCE/CONFIRMATION.

Once we receive your order, we’ll provide you with an e-mail order confirmation.
Your receipt of an order confirmation, however, does not signify our acceptance
of your order, nor does it constitute 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 decline your order for any reason. If we
cancel an order after you have already been billed, then we will refund the
billed amount.

9.8 SHIPMENT OF PRODUCTS.

Title and risk of loss for any purchases of physical products pass to you upon
our delivery to our carrier. We reserve the right to ship partial orders (at no
additional cost to you), and the portion of any order that is partially shipped
may be charged at the time of shipment. Unless as a result of events outside of
our direct control, orders of goods purchased by you through the Service will be
delivered within the time period specified for the delivery method you have
selected. All orders are shipped using one of our third-party couriers. The
earliest delivery date available for an order is as indicated for the item on
the Service. Shipping is not available for delivery on Sundays or Mondays,
unless otherwise indicated. Online tracking may be available at our courier’s
website (for example, FedEx), though we make no warranties regarding its
availability because it is not under our control. While deliveries may be
scheduled for a specified arrival, we cannot guarantee delivery by any specific
time. No recipient signature is typically required for deliveries of our
products. The courier may leave the package at the address whether the recipient
or another person is available or not. We strongly encourage recipients to be at
the delivery location to receive the flowers as flowers that remain outside are
more likely to wilt and die.

Product purchases (whether by Account holders or non-account holders) will be
subject to a shipping fee that is clearly stated prior to completing purchase.
As a thank you for your continued business, subscription and scheduled
reoccurring deliveries may receive discounted shipping.

9.9 NO DELIVERY TO CHILDREN.

In furtherance of our policy of not collecting personal information from
children under the age of 13, users are not allowed to give The Bouqs the
personal information of any children under the age of 13 for delivery or
shipping purposes or any other reason.

9.10 TYPOGRAPHICAL ERRORS.

We have no obligation to honor incorrect pricing on the Service or that you
receive from our suppliers or any other third party. In the event a product is
listed at an incorrect price or with incorrect information due to typographical
error or error in pricing or product information received from our suppliers or
any other third party, we shall have the right to refuse or cancel any orders
placed for the product listed at the incorrect price. We shall have the right to
refuse or cancel any such orders whether or not the order has been confirmed and
your credit card or PayPal account charged. If your credit card or PayPal
account has already been charged for the purchase and your order is canceled, we
shall immediately issue a credit to your credit card account in the amount of
the charge.


10. GIFT CARDS

10.1 GENERALLY.

You may purchase one or more gift cards (each a “Gift Card”) via the Service,
such as at https://bouqs.com/flowers/gift-cards. Gift Cards may only be redeemed
toward the purchase of goods through the Service. Goods eligible for purchase
using a Gift Card are subject to change in our sole discretion. If you use your
Gift Card to make a purchase of goods through the Service and your purchase does
not exhaust your Gift Card balance, then you may use the remaining balance for
future purchases, subject to the restrictions set forth herein. If you use your
Gift Card to make a purchase of goods through the Service that exceeds your Gift
Card balance, you will have to use another payment method for the remainder of
your purchase.

Gift Cards cannot be used to purchase other Gift Cards, reloaded, resold, used
for payment outside of the Service, used for unauthorized marketing,
sweepstakes, advertising, or other promotional purposes, redeemed for more than
face value, transferred for value, redeemed for cash, or returned for a cash
refund (except to the extent required by law).

10.2 NO EXPIRATION; NO DORMANCY FEE.

Gift Cards do not expire, and The Bouqs will not assess a service fee or
dormancy fee with respect to a Gift Card.

10.3 RISK OF LOSS.

The risk of loss and title for Gift Cards pass to the purchaser upon our
electronic transmission of the Gift Card to the purchaser or designated
recipient. Gift Cards must be obtained from The Bouqs, and you are responsible
for safeguarding your Gift Card from unauthorized use. Gift Cards that are lost,
stolen, destroyed, or used without your permission are not replaceable.

10.4 COMPLIANCE WITH LAWS; FRAUD.

By purchasing a Gift Card, you represent and warrant to The Bouqs that use of
the Gift Card will comply with this Agreement and all applicable laws, rules and
regulations, and the Gift Card will not be used in any manner that is
misleading, deceptive, unfair or otherwise harmful to consumers.

The Bouqs may request alternative forms of payment if the Bouqs believes a Gift
Card has been fraudulently obtained.


11. LOCATION

The Service is operated by The Bouqs in the United States. Those who choose to
access the Service from locations outside the United States do so at their own
initiative and are responsible for compliance with applicable local laws.


12. DISCLAIMER OF WARRANTIES

THE SERVICE, THE PRODUCTS OFFERED FOR SALE ON IT, AND THE TRANSACTIONS CONDUCTED
THROUGH IT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS FOR YOUR USE,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NONINFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF
TRADE. THE SERVICE MAY INCLUDE INACCURACIES, MISTAKES, OR TYPOGRAPHICAL ERRORS.
WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

TO THE EXTENT PERMITTED BY LAW, THE BOUQS DISCLAIMS ANY AND ALL LIABILITY OF ANY
KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY
IDENTIFIABLE INFORMATION.

Because some states or jurisdictions do not allow the disclaimer of implied
warranties, the foregoing disclaimer may not apply to you. THEREFORE, THE
FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN
IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


13. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BOUQS, ITS AFFILIATES, LICENSORS AND
BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY,
WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF
OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF THE BOUQS
AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE
ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR,
INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL,
TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN
PLACING A HOLD ON YOUR FUNDS.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A
THIRD PARTY (SUCH AS OUR SHIPPER), INCLUDING ANY FAILURES OR DISRUPTIONS,
UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON
OUR SITE OR APPLICATIONS WHICH PREVENT ACCESS TO OUR SERVICE TEMPORARILY OR
PERMANENTLY, OR WHICH DELAY OR PREVENT THE DELIVERY OF OUR GOODS TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BOUQS AND RELATED PARTIES DISCLAIM
ANY AND ALL LIABILITY WITH RESPECT TO ANY FOREIGN OBJECTS OR MATERIALS THAT MAY
BE INCLUDED WITH OR IN ANY GOODS PURCHASED ON OUR SERVICE, WHICH GOODS MAY BE
PACKAGED AND SHIPPED BY THIRD PARTIES.

WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF THE BOUQS OR
ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR
DESIGNEES OR SUPPLIERS DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF
ACTION AROSE.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
OR JURISDICTIONS, THE LIABILITY OF THE BOUQS AND ITS RELATED PARTIES SHALL BE
LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING
LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY
REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


14. INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE BOUQS AND ITS
AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, NETWORK SERVICE PROVIDERS, BUSINESS PARTNERS AND LICENSORS AT YOUR
EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, PROCEEDINGS, AND SUITS
AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES, COSTS AND
EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND OTHER
DISPUTE RESOLUTION EXPENSES) INCURRED BY THE BOUQS ARISING OUT OF OR RELATING TO
ANY (1) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY POLICY OR
GUIDELINES REFERENCED HEREIN BY YOU, INCLUDING ANY UNAUTHORIZED DISCLOSURE OF
PERSONAL OR CONFIDENTIAL INFORMATION, (2) ACT OF FRAUD OR DISHONESTY BY YOU IN
CONNECTION WITH THE SERVICE, OR (3) UNAUTHORIZED USE OR MISUSE OF THE SERVICE.


15. BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION 15 CAREFULLY. IF YOU DO NOT REJECT IT AS SET FORTH
BELOW, THIS SECTION 15 WILL APPLY, AND MOST DISPUTES BETWEEN YOU AND US WILL BE
SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT (1) NEITHER A COURT NOR A
JURY WILL RESOLVE ANY SUCH DISPUTE, (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A
CLASS ACTION OR SIMILAR PROCEEDING, (3) LESS INFORMATION WILL BE AVAILABLE IN
DISCOVERY, AND (4) APPEAL RIGHTS WILL BE LIMITED.

 1.  If either you or we make a demand for arbitration, you and we must
     arbitrate any dispute or claim between you, or any other user of your
     Account, and us, our affiliates, and/or agents, if it relates to your
     Account, your use of the Service, or to this Agreement, except as noted
     hereafter.
 2.  Either party may assert an individual case in small claims court or your
     state’s equivalent court. Any disputes relating to the enforcement,
     protection, or validity of the intellectual property rights of either party
     shall not be subject to arbitration. Nothing in this Section 15 shall limit
     either party from seeking injunctive or other exigent relief from a court
     of law.
 3.  Notwithstanding any other language in this Section 15, only a court, not an
     arbitrator, will decide disputes about the validity, enforceability,
     coverage or scope of this Section 15 of the Agreement. However, any dispute
     or argument that concerns the validity or enforceability of the Agreement
     as a whole is for the arbitrator, not a court, to decide. Further, you and
     we may litigate in court to compel arbitration, stay proceedings pending
     arbitration, or confirm, modify, vacate or enter judgment on the award
     entered by the arbitrator.
 4.  YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE
     ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY
     NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY OTHER ACCOUNTHOLDER OR USER OF
     THE SERVICE NOT ON YOUR ACCOUNT.
 5.  The party who wants to arbitrate must notify the other party in writing.
     This notice can be given after the beginning of a lawsuit or in papers
     filed in the lawsuit. Otherwise, your notice must be mailed to 4094 Glencoe
     Ave., Marina Del Rey, CA 90292, Attention: Legal.
 6.  The arbitration administrator shall be JAMS, and the arbitration shall be
     conducted under the Streamlined Arbitration Rules and Procedures of JAMS
     (“JAMS Rules”) that are in effect at the time the arbitration is initiated.
     The JAMS Rules can be accessed at
     http://www.jamsadr.com/rules-streamlined-arbitration/. In the event of a
     conflict between the terms set forth in this Section 15 of the Agreement
     and the JAMS Rules, the terms in this Section 15 of the Agreement will
     control.
 7.  The arbitrator must apply the same law and legal principles, consistent
     with the Federal Arbitration Act (“FAA”) that would apply in court, but may
     use different procedural rules.
 8.  We will pay all the fees that the administrator or arbitrator charges.
 9.  This Section 15 of the Agreement is governed by the FAA. California law
     shall apply to the extent state law is relevant under the FAA. The
     arbitrator’s decision will be final and binding on all parties and
     enforceable in any court that has jurisdiction, provided that any award may
     be challenged under the provisions of the FAA.
 10. Except for claims subject to arbitration as provided for in this Section 15
     (and claims proceeding in any small claims court), all other disputes
     arising out of or related to your Account, your use of the Service, or to
     this Agreement shall be subject to the exclusive jurisdiction of the state
     and federal courts located in Los Angeles, California, and you agree to
     submit to the personal jurisdiction and venue of such courts. IN SUCH
     INSTANCES, YOU AND WE EACH WAIVE AND AGREE TO WAIVE ANY RIGHT TO TRIAL BY
     JURY, TO THE EXTENT ALLOWED BY LAW.
 11. Severability. You and we agree that if any portion this Section 15 is found
     illegal or unenforceable (except any portion of Section 15(b)), that
     portion shall be severed and the remainder of Section 15 shall be given
     full force and effect. If Section 15(b) is found to be illegal or
     unenforceable, then neither you nor we will elect to arbitrate any claim
     falling within that portion of Section 15(b) found to be illegal or
     unenforceable, and such claim shall be exclusively decided by a court of
     competent jurisdiction consistent with Section 15(j). This arbitration
     provision shall survive termination of this Agreement and the termination
     of your Service account.
 12. REJECTING ARBITRATION. You may opt-out and reject this Arbitration Section
     15 of the Agreement. To do so, you must send us a notice within sixty (60)
     days after you first open your Account or we first provided you with your
     right to reject this Section 15. The notice must include your name, address
     and account number, and must be mailed to 4094 Glencoe Ave., Marina Del
     Rey, CA 90292, Attention: Legal, or e-mailed to legal@thebouqs.com.[3] This
     is the only way you can reject this Section 15.


16. TERM AND TERMINATION

This Agreement is effective until terminated. You may terminate this Agreement
by discontinuing your use of the Service and affirmatively cancelling all
accounts, features or services to which you are subscribed. You will continue to
incur and be responsible for any recurring subscription fees associated with any
account, feature or service until you have affirmatively terminated each such
account, feature or service in accordance with all applicable terms.

The Bouqs shall have the right to terminate the Agreement, and/or temporarily or
permanently suspend, withdraw or restrict your access to some or all of your
Account and/or the Service, at any time, effective immediately, with or without
notice, for any or no reason whatsoever. If The Bouqs terminates or restricts
your use and access of the Service, then you must immediately stop using all
portions of the Service and delete the App from your mobile device. The
provisions of Sections 3, 12, 13, 14, and 15 shall survive any termination of
the Agreement.


17. GENERAL

17.1 FORCE MAJEURE.

The Bouqs shall not be liable for any delay or failure to perform resulting from
causes outside our reasonable control, including, without limitation, any
failure to perform hereunder due to unforeseen circumstances or cause beyond our
control such as acts of God, war, terrorism, riots, embargoes, acts of civil or
military authorities, fire, floods, accidents, strikes, or shortages of
transportation facilities, fuel, energy, labor or materials.

17.2 NO PARTNERSHIP.

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

17.3 ASSIGNMENT.

The Bouqs may assign this Agreement, in whole or in part, to any person or
entity at any time with or without your consent. You may not assign the
Agreement without our prior written consent, and any unauthorized assignment by
you shall be null and void.

17.4 SEVERABILITY.

If any part of this Agreement is determined to be void, invalid or
unenforceable, then that portion shall be severed, and the remainder of the
Agreement shall be given full force and effect.

17.5 ATTORNEYS’ FEES.

In the event any litigation is brought by either party in connection with this
Agreement, the prevailing party in such litigation shall be entitled to recover
from the other party all the reasonable costs, attorneys’ fees and other
expenses incurred by such prevailing party in the litigation.

17.6 NO WAIVER.

Our failure to enforce any provision of this Agreement shall in no way be
construed to be a present or future waiver of such provision, nor in any way
affect the right of any party to enforce each and every such provision
thereafter. The express waiver by us of any provision, condition or requirement
of this Agreement shall not constitute a waiver of any future obligation to
comply with such provision, condition or requirement.

17.7 EQUITABLE REMEDIES.

You hereby agree that The Bouqs would be irreparably damaged if the terms of
this Agreement were not specifically enforced, and therefore you agree that we
shall be entitled, without bond, other security, or proof of damages, to
appropriate equitable remedies with respect to breaches of this Agreement, in
addition to such other remedies as we may otherwise have available to us under
applicable laws

17.8 ENTIRE AGREEMENT.

This Agreement, including the documents expressly incorporated by reference,
constitutes the entire agreement between you and us with respect to the Service,
and supersedes all prior or contemporaneous communications, whether electronic,
oral or written, between you and us with respect to the Service; provided,
however that this Agreement is in addition to, and does not replace or supplant,
our Privacy Statement. This Agreement may only be modified as set forth herein.

17.9 HEADINGS.

The section headings used herein are for reference only and shall not be read to
have any legal effect.

17.10 GOVERNING LAW.

Except as expressly stated otherwise, this Agreement shall be governed by, and
will be construed under, the laws of the United States of America and the law of
the State of California, without regard to choice of law principles. The
application of the United Nations Convention on Contracts for the International
Sale of Goods is expressly excluded.

17.11 APPLE.

Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement,
and, by accepting this Agreement, you acknowledge that Apple and Apple’s
subsidiaries will have the right (and are deemed to have accepted the right) to
enforce this Agreement against you as a third party thereof.


18. NOTICE TO CALIFORNIA USERS AND RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the
following consumer rights notice: If you have a question or complaint regarding
The Bouqs or the Service, please send an e-mail to help@thebouqs.com. You may
also contact us by writing to:

The Bouqs Company
ATTN: California Legal Notice
4094 Glencoe Ave.,
Marina Del Rey, CA 90292

California residents may reach the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs by telephone
at (916) 445-1254 or (800) 952-5210, or by postal mail at:

California Department of Consumer Affairs
1625 North Market Blvd.
Sacramento, CA 95834


19. ACKNOWLEDGEMENT AND AGREEMENT

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND
AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE
BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.









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