Terms and Conditions
Agreement between User and www.floramakesmesmile.com
Welcome to www.floramakesmesmile.com. The www.floramakesmesmile.com website (the "Site") is comprised of various web pages operated by THE PENCIL CIRCLE LLC ('we' or 'us'). Www.floramakesmesmile.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.floramakesmesmile.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. www.floramakesmesmile.com is a Recreational Site. THE PENCIL CIRCLE LLC and Flora Makes Me Smile website offer artistic services, promote books, art, and merchandise.
Visiting www.floramakesmesmile.com or sending emails to THE PENCIL CIRCLE, LLC/Flora Makes Me Smile constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
THE PENCIL CIRCLE LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.floramakesmesmile.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.floramakesmesmile.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of THE PENCIL CIRCLE LLC and THE PENCIL CIRCLE LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. THE PENCIL CIRCLE LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by THE PENCIL CIRCLE LLC of the site or any association with its operators.
Certain services made available via www.floramakesmesmile.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.floramakesmesmile.com domain, you hereby acknowledge and consent that THE PENCIL CIRCLE LLC may share such information and data with any third party with whom THE PENCIL CIRCLE LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.floramakesmesmile.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
The Service is controlled, operated and administered by THE PENCIL CIRCLE LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the THE PENCIL CIRCLE LLC Content accessed through www.floramakesmesmile.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless THE PENCIL CIRCLE LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. THE PENCIL CIRCLE LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with THE PENCIL CIRCLE LLC in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and THE PENCIL CIRCLE LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over
any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE PENCIL CIRCLE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE PENCIL CIRCLE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE PENCIL CIRCLE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PENCIL CIRCLE LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE PENCIL CIRCLE LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and THE PENCIL CIRCLE LLC as a result of this agreement or use of the Site. THE PENCIL CIRCLE LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of THE PENCIL CIRCLE LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by THE PENCIL CIRCLE LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and THE PENCIL CIRCLE LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and THE PENCIL CIRCLE LLC with respect to the Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
THE PENCIL CIRCLE LLC reserves the right, in its sole discretion, to change the Terms under which www.floramakesmesmile.com is offered. The most current version of the Terms will supersede all previous versions. THE PENCIL CIRCLE LLC encourages you to periodically review the Terms to stay informed of our updates.
(last revised January 11, 2023)