Last Modified and Effective as of August 10, 2020.
Changes to this Agreement
Petal reserves the right to update and change the Terms of Service by posting updates and changes to the Site. User is advised to check the Terms of Service regularly for any updates or changes that may impact User. If User does not accept such amendments, then User must cease using the Service.
Access to Service
Petal may change, modify, suspend, alter, or discontinue the Service in entirety or any aspect of the Service at any time. Petal may also impose limits on certain features, restrict, suspend, or prohibit User’s access to all of the Service or parts of the Service for any reason at any time without notice or liability.
User expressly agrees that Service will only be viewed and accessed by end users and not by any other website or web publisher
User’s use of the Service is conditioned upon compliance with this Agreement and any use of service in violation of this Agreement may give rise to a claim of infringement of Petal’s intellectual property rights or other legal claims. Petal reserves the right to terminate User’s access to the Service without notice within Petal’s discretion including but not limited to the following reasons: User’s violation of this Agreement or User’s unauthorized use of the Service.
User may be asked to provide verification of User’s identity by Petal or its vendors in order to access or use the Service. User agrees that User may be denied access or use of the Service if User refuses to provide proof of identity.
User represents that User is of the age of majority in User’s relevant jurisdiction and User gives consent to allow any minor dependents or minors of which User is the guardian access and use this Site.
User shall comply with any application, tool, or content specific rules published on or within the Service as well as all the usage rules of this Agreement. Petal reserves the right to modify, alter, or supplement all terms of this Agreement, including but not limited to its usage rules according to the terms of this Agreement. User shall not do the following included but not limited to actions regarding the Service:
- Copy, adapt, reverse engineer, decompile, decompress, reverse assemble, modify, alter, or make any attempt to discover any software, regardless of the type of software, whether source code, object code, assembly code, or any other type of code that the Service creates to generate web pages or any other kind of software or products or processes accessible through or to the Service.
- Use, launch, develop, distribute, create, or assist with the utilization in any way whatsoever any automated system, including but not limited to any spider, robot (“bot”), cheat utility, scraper, or offline reader that attempts to access or that accesses the Service, or that attempts to use or uses, or that attempts to launch or launches any unauthorized script or other software;
- Attempt to distribute or distribute any virus, worm, time bomb, trap door, Trojan horse, malware, spyware, ransomware, denial of service attack, distributed denial of service attack, or any other code, program, or other software of a destructive nature;
- Cover or obscure any notice, legend, warning, banner, advertisement, or logo contained on or within the Service;
- Attempt to interfere with, attempt to circumvent, interference with, or circumvention of any security feature of the Service or any feature that restricts or enforces limitations on use or access to the Service;
- Sell, transfer, distribute, or redistribute the Service in any way;
- Use the site or its content for any unlawful purpose, to violate any international, federal, provincial, territory, or state regulations, rules, laws, or local ordinances, or to solicit others to perform or participate or in any unlawful acts;
- Harvest, phish, spear-phish, or otherwise collect information about others, including but not limited to email addresses;
- Infringe upon or violate the rights of any other person or entity, including but not limited to intellectual property rights, rights of privacy, and rights of publicity;
- Engage in conduct that in Petal’s discretion is obscene, offensive, pornographic, fraudulent, deceptive, defamatory, slanderous, libelous, threatening, disparaging, intimidating, insulting, harmful, harassing, abusive, hateful, discrimination based on gender, sexual orientation, gender identity, religion, ethnicity, race, age, national origin, marital status, immigration status, or disability;
- Further chain letters, pyramid schemes, multi-level marketing activities, transmit unsolicited messages, or engage in “spam.”
- Deliberately mislead anyone as to your identity, impersonate another, falsely identify the source of any submissions, or allow any other person or entity to use your identity to in order to access the Service in anyway, including but not limited to posting or viewing submissions.
- Engage in conduct that violates the spirit of intent of the Service, including but not limited to disruption of the course of the flow of dialogue in any forum or message board or comment section of or within the Service, or exposing Petal or any other person or entity to any liability or detriment of any kind;
- Use automated queries, including but not limited to screen scraping, database scraping, spiders, robots (“bots”), crawlers, information harvesting, and any other automated activity within the purpose of obtaining information, data, or content from the Service;
- Violate the terms of service of Facebook, Instagram, Twitter, Google, or any other channel by which you access the Service.
Petal reserves the right to terminate User’s access to Service and use of Service for violating any of the aforementioned reasons and take any further action, including legal action, to which Petal may be entitled to take.
Ownership of Intellectual Property
Unless otherwise specified in writing, all Content, including but not limited to designs, trademarks, formulas, and products are owned, controlled, or licensed by Petal and its licensors and are protected by law from any and all unauthorized use. All contents of the Site and Service are copyrighted under the U.S. copyright laws and/or copyright laws and/or similar laws of other jurisdictions. Petal and the Petal logos are trademarks of Petal and may not be used without the express written permission of Petal and may not be used without the express written permission of Petal.
Accuracy, Completeness, and Timeliness of Information
Petal shall not be responsible or liable for any claim resulting from or arising out of information available on the Site or through the Service that is not accurate, complete, or current. Materials provided on the Site and through the Service are for general information purposes only, and it should not be relied on or used as the sole basis for making decisions without consultation of primary, more accurate, and more complete information.
There may be information on the Site or Service that contains typographical errors, inaccuracies, omissions, or other errors that relate to including but not limited to product descriptions, pricing, promotions, offers, and availability. Petal reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel any order if any information in the Service or on the Site or any related website is inaccurate at any time without prior notice including after User has submitted an order. Petal shall not be responsible for or liable for updating, amending, omitting, or clarifying any information, except as required by law. No specified update or refresh date in the Service or the Site or any related website should be understood to mean that all information in the Service, Site, or any related website has been modified or updated.
This Service may be unavailable at times for routine maintenance or other reasons. Petal shall not be responsible or liable for any technical malfunctions, or other problems with the Site or Service, internet providers or service, telephone networks or services, computer systems, mobile phone equipment or applications, software, or email. This shall include technical problems or traffic congestion of the Internet or Site or any other site or server issues or any combination thereof, including but not limited to damage to a user or other individual’s computer, mobile phone, mobile device, hardware, or software, related to or resulting from using or downloading materials in connection with the Internet and/or connection with the Site or Service.
Modifications to the Service and Prices
Prices for our products are subject to change without notice at any time. We reserve the right to modify or discontinue the Service or any part of or any aspect related to the Service or any content of the Service without notice at any time. Petal shall not be liable to User or any third-party for changes in price, modification, suspension, or discontinuation of the Service or any part of or any aspect related to the Service or any content of the Service without notice at any time.
Products or Services
Some products or services may only be available online through the Site. These products and services may have limited quantities and are subject to return or exchange only pursuant to Petal’s Return Policy. Petal has made efforts to display as accurately as possible the colors and images of our products. Petal shall not guarantee that any computer display of any color or image will be accurate.
Petal reserves the right to limit sales of products or services to any person, geographic region, or jurisdiction at any time in its sole discretion. Petal reserves the right to limit the quantities of any products or services offered. Petal reserves the right to discontinue any product or service at any time. Any offer for any product or service offered through the Service is void where prohibited. Petal shall not warrant that the quality of products or services, or any other materials purchased or obtained by User will meet User’s expectations, or that any errors of the Service or any part or aspect of the Service will be corrected.
User Comment, Feedback, and Suggestions
If User, either at Petal’s request (e.g. for contest entries) or without a request from Petal, submits creative ideas, suggestions, proposals, plans, or other materials, whether online, via email, postal mail, or otherwise (collectively known as “Comments”), User agrees that Petal may at any time and without notice or restriction, edit, copy, publish, distribute, translate, and otherwise utilize Comments in any way. Petal shall have no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments. User’s comments shall not violate any third-party’s rights including but not limited to copyright, trademark, trade secret, patent, privacy, personality, or any other personal or property right. User’s comments shall not contain libelous or otherwise unlawful, abusive or obscene material, or contain any virus or other malware of any kind whatsoever that has the potential to or the intent to or does affect the operation of the Service or any related affiliate or any related website. User shall not use a false email address, pretend to be anyone other than User, or otherwise mislead Petal or third parties as to the origin of any Comments. Petal shall not be responsible or liable for any Comments posted or submitted by User or any third-party.
Commitment to Accessibility
Petal is committed to creating a Service and Site that is user-friendly and accessible for everyone. If User has difficulty viewing or navigating the content of the Site or any feature of the Service, or notice any feature of the Service that User believes may not be fully accessible for people with disabilities, please email our team at firstname.lastname@example.org. with “Accessibility” in the subject line and provide a description of the specific feature that User believes is not fully accessible to everyone or a suggestion of how to improve accessibility of a feature of the Service. Petal will seriously consider feedback as Petal evaluates ways for it to further accommodate customers and Petal’s overall accessibility policies. Petal shall not have any control, liability, or responsibility for the accessibility of vendors, affiliates, or third parties, but Petal strongly encourages those parties to be mindful of all consumers and provide content and services that are accessible to everyone.
Disclaimer of Warranties and Limitation of Liability/Release
Petal shall not warrant, guarantee, or represent that User’s use of Service shall be uninterrupted, timely, secure, or error free.
Petal shall not warrant, guarantee, or represent that results that may be obtained from User’s use of Service shall be accurate or reliable.
User agrees that at any time without notice Petal may remove the Service or any part or feature of the Service for indefinite periods of time or cancel the Service or any part or feature of the Service at any time without notice.
User expressly agrees that User’s use of the Service or any part of the Service or inability to use the Service or any part of the Service is at User’s sole risk.
The Service and all products and services delivered to User through the Service are, except where written in writing by Petal, provided “as is” and “as available” for User’s use, without any representation, warranties, or conditions of any kind, whether express or implied, including all warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose or use, durability, title, and non-infringement.
Petal, its directors, officers, employees, agents, affiliates, contractors, interns, suppliers, service providers, or licensors, shall not be liable for any injury, loss, claim, demand, from any direct or indirect damages, arising out of or related to User’s use of the Service or feature of the Service or any products or services of Petal, including but not limited to damages for lost profits, lost revenue, lost savings, loss of data, loss of privacy, replacement costs, punitive damages, emotional damages, attorneys’ fees and expenses, or any other damages to person or property or any other personal or proprietary rights or any other claim related to the way User uses the Service or its products and services, including but not limited to any errors, inaccuracies, or omissions of content, or any loss or damage of any kind incurred as a result of, or related to, the use or the service or any product posted, transmitted, or otherwise made available through the Service, even if User is advised of the possibility of damages.
In jurisdictions where any such limitations of liability expressed herein are not permitted, then Petal’s liability shall be limited to the maximum extent permitted by the laws of that relevant jurisdiction.
User shall indemnify, defend, and hold harmless Petal, Soapy Doakes, its affiliates, directors, officers, employees, agents, affiliates, contractors, interns, suppliers, service providers, and licensors from any claim, demand, injury, loss, from any direct or indirect damages, including attorneys’ fees and expenses, made by any third-party due to or arising out of User’s breach of these Terms of Service or the documents referenced or incorporated therein, or User’s violation of any law or violation of any rights of a third-party.
Child Online Protection Act Notification
Pursuant to U.S.C. § 230(d) as amended, Petal hereby notifies User that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protection is available at the below links. Please note that Petal is not affiliated with the below links, nor are the below intended as an endorsement of any of the products or services listed on those sites.
If any provision of these Terms of Service are found unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law in the relevant jurisdiction, and the other provisions of these Terms of Service shall still be valid and be enforceable.
Term of Agreement
Obligations and liabilities of the Parties incurred prior to the termination date shall survive termination of this agreement for all purposes. These Terms of Service are effective unless User or Petal terminates this Agreement. User may terminate this Agreement at any time by notifying Petal in writing that User no longer wishes to use Service or when User ceases using the Service or Site. If after termination, User uses the Site or Service, then this Agreement shall be re-entered by the Parties upon User resuming that use.
If Petal, in its sole discretion, determines that User failed, or Petal suspects User failed, to comply with any term or provision of this Agreement, then Petal may terminate this Agreement at any time without notice. User will be liable for any and all amounts owed due up to and including the date of termination, and User may be responsible for damages incurred as a result of, or arising from, User’s breach or suspected breach of any term or provision of this Agreement. Petal may also deny User access to Service or any part thereof at any time without notice if Petal, in its sole discretion, determines that User failed, or Petal suspects User failed, to comply with any term or provision of this Agreement.
Any failure of Petal to exercise or enforce any right or term or provision of this Agreement shall not constitute a waiver of such right, term, or provision, or any other right, term or provision. These Terms of Service and any other policies, operating rules, or agreements posted by Petal on its Site or in respect to the Service constitutes the entire agreement and understanding between the Parties and governs User’s use of Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether written or oral, between Petal and User, including but not limited to prior versions of these Terms of Service.
Governing Law, Forum Selection, and Mandatory Arbitration
These Terms of Service and any separate agreements whereby we provide the Service, or any part thereof shall be governed by the laws of the State of Louisiana, irrespective of conflicts of law rules. Any and all disputes arising out of, in connection with, or relating to this Agreement and/or the Site, the Service, or any products or services of the Service shall be subject to mandatory and binding arbitration in the State of Louisiana pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), found at www.adr.org, with such arbitration to be conducted in Madisonville, Louisiana, or such other location agreed to by Petal.
The User hereto voluntarily agrees to waive any and all rights to litigate, including without limitation the right to a trial by jury, with respect to any claims that the User may have arising out of, in connection with, or otherwise relating to this Agreement.
User or Petal shall document the alleged failure in writing and provide notice via electronic mail or other means to the other Party, and Petal’s general corporate counsel, either P. Andrew Torrez or Morgan L. Stringer. The effective date of the Notice shall be the date that Notice is transmitted to the other Party. Upon receipt of a Notice, the Offending Party must cure said breach within fourteen (14) calendar days subject to the dispute resolution process set forth in this Agreement. If no demand for arbitration is filed within ninety (90) days of the effective date of the initial Notice, the grievance as described in the Notice is considered waived, and any future disputes with the Offending Party must begin the initial dispute resolution process again as described herein.
User agrees that the following Disputes are not subject to binding arbitration: (1) any claim by Petal seeking to enforce or protect, or concerning the validity of Petal’s intellectual property rights; (2) any claim by Petal related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use pursuant to this Agreement; and (3) any claim by Petal for injunctive relief or a claim by either Party to compel arbitration, stay proceedings pending arbitration, or to confirm, vacate, or enter judgment on the award awarded by the arbitrator.
If you wish for more information about our privacy practices, have questions about our privacy practices, or to make a complaint about our privacy practices, please contact us by email at: email@example.com with the subject line, “Service Agreement Assistance.”
If you wish to correspond via mail, you may do so at:
Service Agreement Assistance
330 Windermere Oaks East
Madisonville, Louisiana 7044