Last Updated: February 20, 2021
This Agreement is between you and County Line, 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 County Line.
We 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. For your convenience, the date of the last revision is included at the top of this page. If we make changes to the Agreement that are material, we may use reasonable efforts to attempt to notify you, including by email or placing a prominent notice on the first page of the Site. It is, however, your sole responsibility to review this Agreement from time to time to view any such changes. 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. We may make changes to the Service at any time. You further understand that we may discontinue or restrict your use of the Service for any reason or no reason with or without notice. If you do not agree to any part of the Agreement, you should discontinue your use of the Service.
DATA AND INTELLECTUAL PROPERTY OWNERSHIP
As between you and County Line, County Line 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.
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 County Line and/or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. County Line 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, our logos, and all of our other marks, names, logos, product and service names, designs and slogans are trademarks or service marks of County Line 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 County Line. Any images of persons or personalities contained on the Service are not an indication or endorsement of County Line or any particular product or our service unless otherwise indicated.
LIMITED LICENSE AND GENERAL RULES
Subject to your compliance with the terms and conditions of this Agreement, County Line 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. 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 County Line’s services may be reproduced, duplicated, copied, modified, sold, resold, distributed, or otherwise exploited for any commercial purpose without the express written consent of County Line. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of County Line or any other party. The license granted in this section 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 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. Further, you shall not
- 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 County Line’s express prior written consent;
- use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through Service;
- purchase search terms or use any meta tags or other “hidden text” utilizing County Line’s name or trademarks without our express consent;
- 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;
- circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;
- 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;
- introduce any viruses, Trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful;
- use the Service for illegal, harassing, unethical, or disruptive purposes;
- use the Service in any way that would affect us adversely or reflect negatively on us, the Service, our goodwill, our employees, 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; or
- violate any applicable law or regulation in connection with your use of the Service.
ELIGIBILITY AND ACCOUNTS
You represent that you are an adult and have the legal capacity to enter a contract, 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 County Line from using any part of the Service. It is our policy not to collect personal information from children under the age of 13, therefore users are not allowed to give County Line the personal information of any children under the age of 13 for delivery or shipping purposes or any other reason.
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 County Line or banned from using our 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.
You agree that you will supply truthful, accurate and complete information to us, 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, we reserve 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. 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.
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.
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 COUNTY LINE’S 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 COUNTY LINE.
ORDERS AND PAYMENTS
All products listed on the Site (“Products”), their descriptions, and their prices are each subject to change. County Line reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product 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 any Product.
When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or modify or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. In the event that you are purchasing a gift order, you will be required to accurately provide the gift recipient’s name and shipping address and a phone number where either you or the gift recipient can be reached. For orders that are shipped via our third-party couriers, your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a refund to method of your payment (if your payment method has been processed) or (b) we will not charge your payment method for the cancelled portion of the order.
For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (”Product Price”), any applicable the delivery fees for the delivery service you select (”Delivery Fees”), and any applicable taxes (defined below). You will be solely responsible for payment of all taxes (other than taxes based on Company’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (”Taxes”) not withheld by Company. All payments are non-refundable (except as expressly set forth herein). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, 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.
MEMBERSHIP / SUBCRIPTION
If you purchase a subscription membership for repeated deliveries or other ongoing services (a “Service Membership”), then you hereby authorize County Line to charge your payment method for the amounts and at the applicable intervals described on our Service (e.g., weekly or bi-weekly), or at approximately those intervals, to accommodate for holidays and other irregularities.
Your Service Membership will automatically renew and you will be charged applicable subscription and delivery fees until you cancel your Service Membership or we terminate it. You may cancel your Service Membership on seven days’ notice by emailing email@example.com. If you notify us that you would like to cancel your Service Membership less than seven days prior your next scheduled delivery, you may be charged for a floral delivery.
For pre-paid services, you will be able to determine the pre-paid period of the overall subscription and will be charged in advance for the pre-paid period. Pre-paid services are non-refundable. For example, if you sign up for one month of pre-paid weekly deliveries, you will not be entitled to a refund, whether or not you elect to cancel deliveries within that pre-paid period of time.
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 Membership will take effect on the next renewal date.
DISCOUNTS AND PROMOTIONS
County Line may provide a discount on Products, Service Memberships, or pre-paid regular deliveries for referrals. These promotions may be altered by information published on our Service, and if any information is conflicting, the terms most beneficial to County Line will 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.
RETURN AND REFUND POLICY
We aim to provide you and all our customers fresh florals in great condition. Due to the
perishable nature of florals, we are unable to accept returns or issue refunds. All sales are final. We are unable to provide replacement bouquets, unless (1) the bouquet arrives in substandard condition, or the bouquet was never delivered AND (2) you contact us within three (3) calendar days of the delivery date by emailing a photo and concerns to firstname.lastname@example.org. In the event the bouquet arrived in substandard condition, you are also required to also attach a photograph of the bouquet. Credits issued for replacement bouquets cannot be transferred or redeemed for cash.
CHANGES TO PRODUCTS AND PRICING
County Line 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.
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, COUNTY LINE 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.
LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COUNTY LINE, 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 COUNTY LINE 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, COUNTY LINE 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 COUNTY LINE 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 COUNTY LINE 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.
YOU HEREBY AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND COUNTY LINE 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 COUNTY LINE 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.
BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT AS SET FORTH BELOW, THIS SECTION 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.
- a.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.
- b.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 shall limit either party from seeking injunctive or other exigent relief from a court of law.
- c.Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section 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.
- d.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.
- 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 County Line Florals, LLC, 21021 Ventura Blvd., Suite 340, Woodland Hills, CA 91346, Attention: Legal.
- 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 of the Agreement and the JAMS Rules, the terms in this section of the Agreement will control.
- g.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.
- h.We will pay all the fees that the administrator or arbitrator charges.
- This section 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.
- Except for claims subject to arbitration as provided for in this section (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.
- k.Severability. You and we agree that if any portion this section is found illegal or unenforceable (except any portion of subsection (b) above), that portion shall be severed and the remainder of this section 15 shall be given full force and effect. If subsection (b) above is found to be illegal or unenforceable, then neither you nor we will elect to arbitrate any claim falling within that portion of subsection (b) found to be illegal or unenforceable, and such claim shall be exclusively decided by a court of competent jurisdiction consistent with this section. This arbitration provision shall survive termination of this Agreement and the termination of your Service account.
- REJECTING ARBITRATION. You may opt-out and reject this section of the Agreement. To do so, you must send us a notice within sixty (60) days after you first open your Account. The notice must include your name, address and account number, and must be mailed to County Line Florals, LLC, 21021 Ventura Blvd., Suite 340, Woodland Hills, CA 91346. This is the only way you can reject this section.
CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT
The California Supply Chains Act of 2010 (SB-657) went into effect on January 1, 2012. This law requires certain retailers and other businesses doing business in California to disclose to the public their efforts, if any, to ensure that the goods they sell are not made by workers who are enslaved, or otherwise forced into service, or who have been the victims of human trafficking. County Line does not condone or intentionally support human trafficking, slavery or any other form of forced labor. To address the specific requirements of such act, we are disclosing the following information:
Verification: County Line does not currently engage in any direct verification of its product supply chain to evaluate and address risks of human trafficking and slavery. We are committed to complying with all laws applicable to its operations, including any and all laws regarding slavery and human trafficking, and requires that each of its suppliers, including its brand partners, do the same, via contractual obligations.
Audits: County Line does not presently conduct audits of its suppliers with respect to slavery or human trafficking. We do, however, continue to evaluate the feasibility of conducting audits, or engaging a third party to do so.
Certification: Aside from contractual representations and warranties regarding compliance with all applicable laws, rules and regulations (which includes those relating to human trafficking and forced labor), County Line does not currently require its suppliers to provide any additional certification regarding compliance with slavery and human trafficking laws.
Internal Accountability/Training: County Line requires each employee to act in accordance with the highest standards of business ethics, including compliance with all laws and regulations applicable to County Line. An employee’s failure to comply with the code may result in disciplinary action, up to and including termination of employment. County Line does not currently provide any specific training for its personnel responsible for supply chain management with respect to human trafficking and slavery and methods for mitigating risks; however, we review all of its policies and procedures, including training practices, on a regular basis and will continue to consider the appropriateness of expanding its training offerings.
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.
County Line 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.
County Line 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, pandemics (e.g., COVID-19), strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and County Line as a result of this Agreement or your use of the Service.
County Line 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.
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.
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.
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.
You hereby agree that County Line 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
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.
The section headings used herein are for reference only and shall not be read to have any legal effect.
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.
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 County Line or the Service, please send an e-mail to email@example.com. You may also contact us by writing to:
County Line Florals, LLC
ATTN: California Legal Notice
County Line Florals, LLC
21021 Ventura Blvd., Suite 340
Woodland Hills, CA 91346
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
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.