TERMS AND CONDITIONS
Welcome to the Society of Wildflowers, A Creative, Restorative Conference for Women.
We're delighted you’ve decided to visit our garden. Please read our Terms of Service carefully, as they contain important information about your legal rights, remedies and obligations. By accessing or using our services, you agree to comply with and be bound by these Terms, as applicable to you.
IMPORTANT NOTICE: SECTION 9 OF THESE TERMS AND CONDITIONS CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER THAT MAY AFFECT YOUR LEGAL RIGHTS, PLEASE READ IT THOROUGHLY.
Section 1: Acceptance of Terms
- An "Affiliate" of any entity is defined as any person or entity that controls, is controlled by, or that is under common control with such entity, whether as of the date of your agreement to these Terms, or after. For purposes of this definition, "control" means ownership or control, directly or indirectly, of more than 20% of the outstanding voting stock of an entity or otherwise possessing the power to direct the management and policies of an entity.
- “Consumers” means consumers and users utilizing our Services for any reason, including to consume information, gain access to our products and services or those of our third-party providers, and/or attend events.
- “Properties” means Society of Wildflower’s events, products, features and offerings that are available:
- online through various properties including sowfconf.com, sowempowerment.com and ritzyparties.com ("Site(s)");
- off platform, including entry management, sponsorship, and marketing or distribution services; and
- through mobile applications, webpages, application programming interfaces, and subdomains ("Applications").
- “Material” includes information, data, text, editorial content, design elements, aesthetic, formatting, graphics, images, photographs, videos, music, sounds, and other such proprietary intellectual content and materials.
- “Services” include the Society of Wildflower Properties and Services.
- “Site Content” refers to Material contained in or delivered via the Services or otherwise made available by Society of Wildflowers in connection with the Services.
- “Your Content” is any Material that you contribute, provide, post, or make available using the Services, or that you otherwise contribute, provide, post or make available to us, or that you authorize us to use.
- Consumers and third parties accessing or using our Services are all referred to in these Terms collectively as "Users," "you," or "your."
- When these Terms use "Society of Wildflowers," "we," "us," or "our," that refers to Society of Wildflowers. and its Affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners, relatives and employees.
Section 2: You are contracting with our Affiliate Ownership
- You will be contracting with the Affiliate Owner of Society of Wildflowers. The contracting entity on the other side of these Terms for all countries and jurisdictions is with Ritzy Parties, Inc., a California corporation, with its principal place of business at 33 Coca, Foothill Ranch, California, 92610. ("Ritzy Parties, Inc.").
- If you are a Consumer in any country or jurisdiction submitting a credit card to us to process your purchase, based on your selection, you will be contracting with either our Affiliate Owner of Society of Wildflowers, for purposes of Society of Wildflowers Payment Processing, or with Shopify, or any other third-party payment processor you may select.
- For clarity, regardless of the entity you contract with for purposes of Payment Processing, all other Services are offered through Ritzy Parties, Inc. a California Corporation located in the United States.
Section 3: Other terms that apply to you.
- All Users must abide by Society of Wildflowers Brand Policies and Community Guidelineswhich are incorporated by reference as part of these Terms. Please read these carefully, as they affect what conduct and practices are permitted when using the Services.
- If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its Affiliates and you represent that you have the authority to do so. In that case, "you" and "your" will refer to that entity as well as yourself.
Section 4: Society of Wildflowers Role and Compliance with Law/Protection of Your Data
What We Offer
Society of Wildflowers is a service-based business offering conference, consulting, creative mentorship, and education programs founded in creativity and self-empowerment through evidence-based practices reviewed by a third party contracted licensed mental health professional, as well as contracted services provided by high-caliber, certified and licensed third-party service providers. Through our Services, Consumers may purchase items and services from Society of Wildflowers and its designated third-party providers, participate in education, attend events we host, and stay connected to other Users through social media pages, groups, and communities we manage.
We strive to ensure total compliance with all applicable laws, rules, and regulations, and that the goods and services described on our event page are delivered as described and in an accurate, satisfactory manner.
We utilize Shopify and third-party payment service providers. User payment details will be shared with the designated payment provider they select; Society of Wildflowers does not process financial transactions.
Privacy and Consumer Information
Your Privacy is of the Utmost Importance
Section 5: Termination
These Terms apply when you access our Services.
These Terms apply to you as soon as you access the Services by any means and will continue to apply until they are terminated. There may come a time when either you or Society of Wildflowers decides to end the mutual relationship. Should this occur, these Terms will generally no longer apply. However, certain provisions will always remain applicable to both you and us.
Revocation of Access to our Services.
- We may suspend or terminate your right to use the Services at any time, including if:
- you violate or breach these Terms or any other agreement between you and us, or if you fail to pay any agreed upon amounts due;
- you misuse or abuse the Services, or use the Services in a way not intended or permitted by us;
- you engage in any conduct on or off the Society of Wildflowers Properties that jeopardizes the safety of our community or integrity of our business, or interferes with the experience of our community, Affiliate Ownership or the Society of Wildflowers Properties; or
- allowing you to access and use the Services would violate any applicable local, state, provincial, national, or other laws, rules and regulations or court order or would expose us to legal liability.
- We may choose to stop offering the Services, or any particular portion of the Services, or modify or replace any aspect of the Services at our discretion, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, if we believe that failure to do so would materially prejudice you. You agree that we will not be liable to you or any third party as a result of our termination of your right to use or otherwise access the Services.
- Except as agreed otherwise in a separate written agreement between you and us, you may terminate your access to the Services and the general applicability of Terms by asking us to delete your account and all user data via email to firstname.lastname@example.org. If you are utilizing the Services without a registered account, your only option for these Terms to no longer apply is to cease accessing the Services, indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and us governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
- All provisions of these Terms that by their nature should survive termination of these Terms will survive (i.e., they will continue to apply to you) including all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum, and intellectual property protections and licenses.
Section 6: Export Controls and Restricted Countries
As a company based in the United States doing business with Consumers in other countries, we comply with certain laws. Please familiarize yourself with these restrictions, regardless of your location. By using our Services, you represent and warrant that:
- you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia, or Canada has embargoed goods and/or services of the same type as the Services, including Cuba, Iran, North Korea, Syria or the Crimea region of Ukraine; and
- you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity that:
- appears on the U.S. Office of Foreign Assets Control's Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; the U.S. Department of State's Terrorist Exclusion List; the Bureau of Industry and Security's Denied Persons, Entity or Unverified List; the Consolidated List of Targets published by the U.K. HM Treasury; the Consolidated List published by the A.U. Department of Foreign Affairs and Trade;
- is subject to sanctions in any other country; or
- is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles.
Section 7: Release and Indemnification
- You hereby agree to release us (collectively with our Affiliates and subsidiaries, and each of our and their respective officers, directors, agents, co-branders, licensors, payment processing partners, vendors, other partners, independent contractors, relatives and employees, the “Society of Wildflowers Released Parties”) from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with any of the following:
- the Services or any event listed on the Services;
- any Feedback that you give or receive.
- In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HE OR SHE MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE RELEASED PARTY."
- You agree to defend, indemnify, and hold harmless the Society of Wildflowers Released Parties from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of:
- your breach of these Terms (including any terms or agreements or policies incorporated into these Terms);
- your unauthorized use of the Services;
- any Feedback that you give or receive; and,
- your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party.
- We will provide notice to you of any such Claim, but our failure or delay in providing such notice will not limit your indemnification obligations except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, we may choose to handle the Claim ourselves, in which case you agree to cooperate with us in any way we request.
Disclaimer of Warranties and Assumption of Risks by You
- To the extent allowed under applicable laws, the Services are provided on an "as is" and "as available" basis. Society of Wildflowers expressly disclaims all warranties of any kind, express or implied, including implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. For example, we make no warranty that:
- the Services (or any portion of the Services) will meet your requirements or expectations;
- the Services will be uninterrupted, timely, secure, or error-free; or
- the results that may be obtained from the use of the Services will be predictable, accurate or reliable.
- We have no control over and do not guarantee the (i) quality, safety, success, accuracy, or legality of any event or Site Content associated with an event, (ii) accuracy of any information provided by other Consumers.
- We are not liable for the acts or omissions of any third parties, including third parties that help us provide the Services, including those who assist with an event, or that you choose to use or contract with separately while using the Services, or before or after using the Services.
You assume all personal risks related to attending live events.
Some events may carry inherent risk and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events. You waive any and all claims and causes of action against the Society of Wildflowers Released Parties, the event producers and presenters, and their insurers, for liability, including for personal injury, loss, property damage or wrongful death in connection with your attendance of the event.
The disclaimers will apply so long as they are allowed under law.
The disclaimers in these Terms apply to the maximum extent permitted by law. If any warranties are required by applicable law, they will be limited to the shortest duration allowed.
Section 8: Limitation of Liability
- To the extent permitted by applicable laws, the Society of Wildflowers Released Parties, will not be liable to you or any third party, for:
- Any indirect, incidental, special, consequential, punitive or exemplary damages, including damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if we have been advised of the possibility of such damages); or,
- any Feedback that you give or receive.
- In addition, other than our obligation to follow the policies set forth in our Refund Policy, and only in accordance with those terms, the Society of Wildflowers Released Parties’ maximum aggregate liability is limited to the following:
For all Users, the total price of all tickets, optional add on excursions, educational programs or registrations that the User purchased or made through the Services up to the date of October 1, 2023, with the ability to transfer their purchase to another registered attendee without penalty until January 1, 2024; or a maximum of one hundred U.S. Dollars (USD $100).
All of our Terms are meant to comply with the law.
Some jurisdictions do not allow the exclusion of certain warranties or conditions on, or the limitation of, liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you, and our liability is limited to the maximum extent permitted by law.
Section 9: LEGALLY BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.
PLEASE READ THIS SECTION THOROUGLY, IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE SOLELY ON AN INDIVIDUAL BASIS. YOU AGREE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES, AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Contact us first if you have an issue with our Services.
You agree that if you have a question or concern about the Services, you will contact us first in writing, prior to initiating any legal proceeding. Our customer support team will try to answer your question or resolve your concern. Our email is email@example.com or you may write by post to the address provided in our contact information.
If a dispute can’t be resolved between us, it must be resolved through arbitration.
In the unlikely event that our customer support team is unable to resolve your concerns, you and we each agree to resolve all disputes and claims between you and us, including any arising under or relating to these Terms, your use of the Services, or your and our relationship, through binding arbitration or (to the extent the claim qualifies) in small claims court, instead of in courts of general jurisdiction. As explained below, the appointed arbitrator will have authority to enter all relief that would be available in court, to the extent warranted by the claims. All arbitrations and small claims proceedings will proceed only on an individual basis. In no event may either we or you seek to resolve a dispute with the other as part of any purported class, consolidated or representative proceeding. Binding arbitration is subject to very limited review. Only the appointed arbitrator – and not any court – will have the authority to resolve any dispute relating to this Section, including any dispute regarding the scope, enforceability, and arbitrability of these Terms. This arbitration provision will survive termination of these Terms and any other agreement between you and us. These Terms evidence a transaction in interstate commerce and the interpretation and enforcement of this section is governed by the Federal Arbitration Act, notwithstanding the choice of law set forth below.
Our agreement to arbitrate applies to almost all claims.
- This agreement to arbitrate applies to all legal disputes between you and us. It includes, but is not limited to: (i) all claims relating to any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) all claims that arose before this or any prior agreement (including claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Services.
- Notwithstanding this agreement to arbitrate, you or we may choose to bring:
- an action on an individual basis in small claims court (to the extent the applicable claim qualifies); or
- enforcement actions, validity determinations or claims relating to theft, infringement, piracy or unauthorized use of intellectual property in state or federal court in the U.S. Patent or Trademark Office to protect your or our Intellectual Property Rights. "Intellectual Property Rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights.
How the arbitrator will be selected.
We each agree to use the “rank and strike” process for selecting an arbitrator. In this process, the American Arbitration Association (“AAA”) will propose at least ten candidates to potentially serve as the arbitrator. We will each respond directly to AAA (without copying one another) in a writing that (i) “strikes” up to three of those candidates, that is, removes them from further consideration, and (ii) ranks the remaining candidates in order of preference. AAA will average each of our rankings for each arbitrator and select as the arbitrator the candidate with the highest ranking.
Mutual agreement to not bring a class action.
- YOU AND SOCIETY OF WILDFLOWERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY (IF WARRANTED) ISSUE ALL OF THE SAME RELIEF THAT WOULD BE AVAILABLE IN COURT, INCLUDING PUBLIC INJUNCTIVE RELIEF, IN FAVOR OF THE PARTY SEEKING SUCH RELIEF, BUT ONLY TO THE EXTENT AUTHORIZED BY LAW AND WARRANTED BY THE PARTY’S CLAIMS.
You and we each acknowledge that different arbitrations may present overlapping factual or legal issues. As such, to the fullest allowable extent, you and we each agree that in the event one of you or us initiates an arbitration against the other and we determine, in our sole discretion, that such arbitration presents one or more questions of fact or law that are also at issue in a pending arbitration between us and a third party (a “Similar Arbitration”), the arbitration involving you will, at our request, be assigned to the same arbitrator presiding over the Similar Arbitration and/or be paused until the Similar Arbitration is resolved. Any rulings in any Similar Arbitration will not be binding in the arbitration involving you.
Notice must be given when one of us intends to seek arbitration.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute ("Dispute Notice"). The Dispute Notice to Society of Wildflowers must be addressed to the following address ("Notice Address") and must be sent by certified mail: Society of Wildflowers, c/o Ritzy Parties, Inc., Attn: Legal Department, 33 Coca Foothill Ranch, California, 92610, USA. Dispute Notices to you will be addressed to a mailing, home, or payment address currently on record with Society of Wildflowers and must be sent by certified mail. No PO Boxes are permitted for the purpose of Notice. If we have no records of a physical address, our Dispute Notice may be delivered to your account email address. The Dispute Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Society of Wildflowers and you do not reach an agreement to resolve the claim within ninety (90) calendar days after the Dispute Notice is sent, you or Society of Wildflowers may commence an arbitration proceeding.
Rules governing any arbitration proceedings.
The arbitration will be governed by the Commercial Arbitration Rules, or, if the actions giving rise to the dispute or claim relate to your personal use of the Services (rather than business use), the Consumer Arbitration Rules (in each case, the "AAA Rules") of the AAA, as modified by this Section, and will be administered by the AAA and settled by a single arbitrator. (The AAA Rules are also available by calling the AAA at 1-800-778-7879.) All issues in dispute between the parties are for the arbitrator to decide, including, issues relating to the scope, enforceability, and arbitrability of this section.
Jurisdiction for Arbitration
If you are a Consumer, any arbitration hearings will take place (at your option) either in your county of residence or by videoconference or phone, except that if you are a Consumer whose residence is outside of the United States, the hearing will take place either in Orange County, California or by phone or videoconference, at your option and as permitted by the AAA Rules. If your use of the Services is or was for commercial use, then unless Society of Wildflowers and you agree otherwise, any arbitration hearings will take place in the United States in Orange County, California for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, AAA will determine the location. If your claim is for five thousand dollars or less ($5,000USD) or less, the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or through a telephonic hearing. If your claim exceeds five thousand dollars ($5,000USD), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator will be final and binding and judgment on the award rendered may be entered in any court having jurisdiction.
Responsibility of costs for arbitration and legal fees.
- Payment of Costs and Expenses. Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA Rules, provided that if you are initiating an arbitration against Society of Wildflowers and the value of the relief sought is five thousand dollars ($5,000USD) or less, then Society of Wildflowers will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). Further, if you are initiating an arbitration against Society of Wildflowers and your claim arises from your use of the Services as a Consumer, but the value of relief sought is more than five thousand dollars ($5,000USD) and you demonstrate to the arbitrator that such costs and expenses would be more expensive than a court proceeding, then Society of Wildflowers will pay the amount of any such costs and expenses. In the event that the arbitrator determines that all of the claims you assert in arbitration were frivolous at the time they were filed or that you continued to press those claims even after receiving information demonstrating that such claims were frivolous, you agree to reimburse Society of Wildflowers for all of the costs and expenses that Society of Wildflowers and its Affiliate Owners paid related to responding to your frivolous claim, and that you would have been obligated to pay under the AAA Rules.
- Payment of Legal Fees. Just as in any court proceeding, each party will initially bear its own attorneys' fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party's request, the arbitrator will award such prevailing party the reasonable attorneys' fees and expenses that it incurred in connection with the arbitration, provided that to the extent that the dispute or claim relate to your personal use of the Services (rather than business use) Society of Wildflowers will not seek to recover its attorneys' fees and expenses in an arbitration initiated by you unless the arbitrator determines that your claims were frivolous as set forth above. The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys' fees and expenses upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.
Disputes that can’t be arbitrated in accordance with this section will be governed by Applicable Law and Jurisdiction.
In the event that any provisions above are found to be invalid or unenforceable for any claim or issue, then the entirety of this section will be null and void only with respect to such claim or issue and “Applicable Law and Jurisdiction” will apply to such claim or issue in lieu of this section. For the avoidance of doubt, for all claims and/or issues as to which this section is not found to be invalid or unenforceable: (a) this section shall apply in full to all such claims and/or issues, and (b) arbitration of all such claims and/or issues shall commence and be completed prior to any litigation on any non-arbitrable claims, including in the event that arbitrable and non-arbitrable claims or issues present overlapping factual and/or legal questions.
If you want to opt out of our agreement to arbitrate, you must notify us in time.
You have the right to opt out and not be bound by the arbitration or class action waiver provisions set forth above in this section by sending (from the email address we associate with you as a User) written notice of your decision to opt-out to firstname.lastname@example.org. Please include the following in the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within twenty-one (21) days of your first use of the Services or your agreement to these Terms (whichever is later); otherwise, you will be bound to arbitrate disputes in accordance with the terms of these provisions. Note that if you opt out of these arbitration provisions, Society of Wildflowers also will not be bound by them.
Section 10: Site Content and Intellectual Property
You agree that all Society of Wildflowers Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. We may own the Site Content, or portions of the Site Content may be made available to us through arrangements with third parties. Site Content that is included in or made available through the Services is our exclusive property and is protected by copyright laws. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national, or other law, rule, or regulation. Any rights not expressly granted in these Terms are reserved.
- The trademarks, copyrights, service marks and logos of Society of Wildflowers (the "Society of Wildflowers Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Society of Wildflowers. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks," and, together with Society of Wildflowers Trademarks, the "Trademarks"). Your use of the Services does not include, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed in connection with the Services without our prior written consent specifically for each such usage.
- You must not use the Trademarks to disparage us, any third party, or our, or such third party's products or services, or in any manner that may damage any goodwill in the Trademarks. You must not use any Trademarks as part of a link to or from any website unless we approve such use by prior written consent specifically for each such link. All goodwill generated from the use of any Society of Wildflowers Trademark will inure to Society of Wildflower’s benefit. Certain issued patents and patents pending apply to the Services. Site Content may also be protected by copyrights owned by us and/or third parties. Please note that if you copy portions of the Services, you are violating these patent rights and copyrights and may be held responsible by Society of Wildflowers and those parties.
- You have no right to and agree not to use, any or part of our Site Content for your own commercial purposes. You have no right to, and you agree not to, scrape, crawl, or employ any automated means to extract data or copy from our site or our Affiliated Owner Sites.
Section 11: Fees, transfers and Refunds.
Creating an account is free. However, fees may be assessed to purchase tickets using electronic methods to an event or to register for offerings on the Site. These fees may vary based on individual agreements between us and certain third-party payment processors. The fees charged to Consumers may include other charges, including facility fees, royalties, taxes, processing fees, and fulfillment fees. We do not control (and cannot disclose) fees assessed by your bank and/or credit card company, including fees for purchasing tickets, services, or other items sold on our site in foreign currencies. Be sure to check with your bank or credit card company prior to purchasing to understand all applicable fees, credit card surcharges, and currency conversion rates.
Consumers requesting a refund should contact us within the specified Refund Policy timeline. Consumers may not utilize a ticket that has been refunded, and Society of Wildflowers will not accept invalid tickets.
- If you receive a refund for your ticket, you agree to destroy the ticket and will not use it in any form to attend the event. Violation of this policy constitutes fraud.
- We are not be liable under any circumstances for any costs arising from your non-compliance with Society of Wildflowers ticketing procedures. We will not be liable under any circumstances for costs and/or damage arising from ticket-related fraud and/or the purchase of the ticket through non-official means, such as third parties.
- You agree not to communicate or provide financial data via any email that does not originate from Society of Wildflowers or its Affiliate Owner, Ritzy Parties, Inc.
Section 12: Your Account
We may require you to create an account to access certain features or functions of the Services. You agree to the following:
- You must be at least 18 years of age, or the legal age of majority where you reside, to use the Services. If you are 13 or older, you may only use the Services under the supervision of a parent or legal guardian who manages your use of the Services and/or account. If you are under 13, please do not provide us with any information about yourself.
- You agree to provide accurate, current, and complete information about yourself, or if you are using the Services on behalf of an entity, that entity (the "Registration Data"). You also must update this Registration Data should it change at any time.
- If there is a dispute between two or more persons or entities regarding account ownership, we will act as the sole decision maker on the outcome of the dispute and our decision (which may include termination or suspension of the account) will be final and binding.
- If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity, granting us all permissions and licenses provided in these Terms.
- You will immediately notify us of any unauthorized use of your password or account, or any other breach of security you experience related to the Services we provide. You are responsible for any activities that occur under your account. We are not responsible for this activity on behalf of any third-party provider.
Section 13: Notices.
Notices may be sent to you by email or regular mail at the address you provide to Society of Wildflowers. We may also provide notices of changes to these Terms or other matters by displaying notices or links to notices on the Site and Services.
- If you wish to contact us or deliver any notice(s), you can do so at the following address: Society of Wildflowers, c/o Ritzy Parties, Inc. Attn: Legal Department, 33 Coca, Foothill Ranch, California, 92610 USA; or via email to email@example.com
Section 14: Modifications to the Terms or Services.
- posting the changes through the Services;
- updating the "Updated" date at the top of this page; or
- sending you an email or message about the Modifications.
- Modifications that are material will be effective thirty (30) days following the "Updated" date, unless a different date is communicated in our notice to you. All other Modifications will be effective immediately.
- You are responsible for reviewing any Modifications. Your continued use of the Services after any Modification will be considered your acceptance of that Modification and the updated Terms. In certain circumstances, we may seek a Modification to these Terms that will only apply to you. This type of Modification must be in writing and signed by both parties (you and Society of Wildflowers).
- We are constantly evolving our products and services to better meet the needs of our Users. We cannot guarantee the availability of certain product features or functionality. We reserve the right to modify, replace, or discontinue any part of the Services or the entire Services at any time and for any reason at our discretion.
Section 15: Assignment
We may, without your consent, freely assign these Terms and our rights and obligations under these Terms, whether to an Affiliate or to another entity, in connection with a corporate transaction or otherwise.
Section 16: Entire Agreement.
Except as otherwise stated in these Terms, these Terms are the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions, or communications between you and Society of Wildflowers on the subject matter of these Terms, other than any written agreement for Services between you and us relating to a specified event or events. No other agreements are expressed or implied.
Section 17: Applicable Law and Jurisdiction.
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
- Society of Wildflowers is based in Orange County, California. Any legal action against us related to our Services and not subject to the arbitration provisions in these Terms will take place in Orange County, California. By agreeing to these Terms, you submit to the personal jurisdiction of the state or federal courts (as applicable) in Orange County, California.
Section 18: Feedback.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to our Services, as well as feedback, comments, suggestions, and ratings regarding the services of our third-party service providers (collectively, "Feedback"). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual and permanent license to use, publish, and exploit those ideas and materials for any purpose, with or without your name, without compensation or obligation to you. We may collect testimonials, ratings, and reviews about Site Content, and the Services. These testimonials, ratings and reviews will be considered Feedback. We retain full discretion on whether, when, where, with whom, and how Feedback is shared or published.
Section 19: Third Party Websites; Linked Accounts; Third Party Offers.
The Services or Users may provide links to other Internet websites or resources. Because we have no control over such websites and resources, you agree that we are not responsible for the availability of such websites or resources. We do not endorse and are not responsible or liable for any Site Content, advertising, offers, products, services, or other materials on or available from such websites or resources and are not responsible for any damages or losses related to them, even if such websites or resources are connected with our Services, Affiliate Owners, or third-party service providers. For example, if you purchase additional services or an experience on our Site provided by a third party, your contractual relationship is with the third-party provider, not with us. Details of who you are contracting with will be clearly explained to you in writing in advance.
Section 20: Additional Provisions.
If we fail to enforce any part of these Terms, that will not amount to a waiver of our right to later enforce that or any other part of these Terms. Except as expressly set out in these Terms, the exercise by us of any of our remedies under these Terms will not preclude us from exercising our other remedies under these Terms or otherwise. No oral waiver, amendment, or modification of these Terms will be effective. If any provision of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary and the other provisions of these Terms remain in full force and effect. Section titles and subtitles in these Terms, along with the italicized text following them, are for convenience only and have no legal or contractual effect and do not amount to legal advice. When we say Society of Wildflowers “may” or “has” the right, is permitted, authorized, or allowed to do something in these Terms, it means we may, but are not obligated to, exercise the applicable rights or options or take the applicable action, as we determine in our sole discretion. Any determinations, decisions, or beliefs by us under these Terms may be made by us in our sole discretion. As used in these Terms, “including” means “including, but not limited to.” When these Terms say that you “will” take an action, this means that you are agreeing to take the action and that you must take that action. Your obligations, duties, warranties, representations, releases, and waivers throughout these Terms are also the obligations, duties, warranties, representations, releases, and waivers of your Affiliates. No independent contractor, agency, partnership, joint venture, or other such relationship is created by these Terms. We may freely assign any of our rights and obligations under these Terms. We may translate these Terms into other languages for your convenience. If there is a conflict between the English version and a translated version, the English version will prevail.