Floracracy Design House Program Terms and Conditions
The Floracracy Design House program ("Floracracy Design House") is designed to acknowledge our users design achievement and growth. Members of Floracracy Design House are able to earn and accumulate "merits" that can be redeemed for Floracracy Design House benefits.
The impact of changes and modifications or the elimination of Floracracy Design House may result in the loss of merits. The loss of merits, in whole or in part, will not result in any compensation to you or anyone else.
The Floracracy Design House program is intended for personal, individual use only. Commercial use is prohibited. Corporate accounts are not eligible for membership in the program and do not earn merits. Membership in the program is limited to one account per individual.
Please read the Privacy Statement carefully to understand how Floracracy collects, uses and discloses information about customers and how to update or change your personal information and how we communicate with you.
JOINING Floracracy Design House
The user account creation process may require that you provide the following information: username, password, email address (required in order to receive all eligible rewards), physical address, telephone number, birthday, name, and marketing preferences.
If you change your account address to one that is not located within Washington D.C., the fifty (50) United States, or the Commonwealth of Puerto Rico, your Floracracy user account will continue to function, but you will no longer receive merits or rewards at that address. Previously earned merits may expire as described below.
Employees or immediate family members of Mott & Spry, Inc., or its respective subsidiaries, licensees and affiliated companies, are not eligible for merits or rewards absent obtaining written consent of Mott & Spry, Inc.
The benefits that are available to you through Floracracy Design House are based on the number of "merits" that you earn. You can earn merits by making purchases through your Floracracy user account or when users make eligible purchases of arrangements shared from your user account.
You will earn merits based on the value of your purchase at the rate of one merit for each One Dollar ($1.00) you spend through your Floracracy user account. You will earn merits based on the value of an arrangement purchased based on a design shared from your Floracracy user account at a rate of one merit for every Ten Dollars ($10.00) spent.
Generally, merits for qualifying purchases are automatically added to your account within twenty-four (24) hours. From time to time, we, or others acting with our permission, may offer you special promotions that offer you "Promotional merits." Promotional merits, such as "bonus" merits, will be awarded, as described in the applicable promotional offer, and will be subject to any additional terms set forth in the promotional offer.
If you void a purchase made with your registered Floracracy Card, Floracracy will deduct the merits that you were awarded for that purchase, potentially resulting in a negative merit balance on your account.
Floracracy Design House RANKS
Currently, there are six (6) levels of benefits within Floracracy Design House that are determined by the number of total lifetime merits that you accumulate in your account. By opening a user account, you will be automatically enrolled in Floracracy Design House at the Initiate Rank. Your rank will increase by earning merits as follows:
|Initiate||0 lifetime merits|
|Novice||100 lifetime merits|
|Apprentice||500 lifetime merits|
|Craftsman||2,500 lifetime merits|
|Designer||25,000 lifetime merits|
|Artisan||250,000 lifetime merits|
Once you reach a tank within Floracracy Design House, you will receive the benefits that are applicable to that rank at that time. However, you must continue to earn and accumulate merits in order to maintain your benefit level.
To maintain all benefits of a rank tier, you must earn at least one (1) new merit during each consecutive 12-month period following your enrollment date. If you do not earn at least one (1) new merit in each 12-month period, your merit balance will automatically reset to zero (0) and you may no longer be eligible to receive Floracracy Design House benefits. Merits will also expire if a membership is revoked or otherwise cancelled for violating these Terms and Conditions.
You can view and track your merit balance and available rewards on www.floracracy.com/account. Floracracy reserves the right to change the number of benefit levels and to change the benefits and rewards associated with each level in its sole discretion at any time.
The merits are redeemable towards purchases of monthly Floracracy Design House offers. These offers are accessible on the Floracracy Design House Rewards page. Just select a reward and proceed through the redemption checkout process.
Merits are available for redemption for the purchase of monthly rewards only while supplies last. Monthly reward quantities may be limited. If you have more merits than are necessary to complete a purchase, the appropriate number of merits will be applied and deducted from your account to complete the purchase; merits not needed to complete the purchase will remain in your account.
Any items received as a result of merits redemption may not be returned. Floracracy makes no warranty in any respect as to any rewards, merchandise or service available within the program.
Merits and the associated rewards are non-transferable, have no cash value (unless required by law) and cannot be exchanged, sold or returned. Merits are promotional in nature and cannot be applied to past purchases. Floracracy is not responsible for lost, misused, stolen or damaged merits or rewards.
By participating in the Floracracy Design House, you agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications fromFloracracy. By signing up to join the Program, you will automatically be subscribed to receive Program emails.
There are no membership fees associated with Floracracy Design House. Merits accumulated under the program are promotional and have no cash value.
Your merits, rewards, and your account under Floracracy Design House are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Floracracy Design House account that is personal to you.
Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to the member. Members are solely responsible for reporting such items on their tax returns and paying any associated tax liability.
Without notice to you, Floracracy also reserves the right to “unregister” and make ineligible for the Floracracy Design House program any Floracracy Card or account that has been inactive for two (2) consecutive years. Inactive is defined as no merits earned. In the event that your user account is unregistered or rendered inactive, then all accumulated merits in your account are void.
Floracracy reserves the right to adjudicate all merits discrepancies in its sole discretion, and members of the Floracracy Design House agree to abide by any such adjudication.
Floracracy reserves the right to modify, terminate, discontinue or cancel the Floracracy Design House program at any time and in its sole discretion without notice to you. By participating in the Floracracy Design House, members, to the maximum extent permissible by law, release Floracracy, its parent company, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents (collectively “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the program or the use of any rewards.
TO THE FULLEST EXTENT PERMITTED BY LAW, FLORACRACY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGES TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS OF FLORACRACY’S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM FLORACRACY AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.
Members agree to indemnify, defend and hold Floracracy and its representatives and agents harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from or related to any breach by member of any of these Floracracy Design House program Terms and Conditions or any violation by member of applicable law.
The laws of the State of Illinois shall govern these Loyalty Program Terms and Conditions. Member hereby expressly consents to exclusive jurisdiction and venue in the courts located in Winnebago County, Illinois, for all matters arising in connection with these Loyalty Program Terms and Conditions or Member’s participation in the Program.
Arbitration/No Class or Consolidated Actions
The terms of these Terms and Conditions are governed by the laws of the State of Illinois, without regard to its conflicts of law provisions, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND FLORACRACY AND/OR ANY ISSUING PARTICIPANT OR REDEEMING PARTICIPANT, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT FLORACRACY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by this Agreement. The Supplementary Procedures are available via the AAA. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
Third Party Beneficiaries
The provisions of these Terms and Conditions are for the benefit of Floracracy and you and not for any other person or entity; provided, however, that the Issuing Participants, Redeeming Participants and Transaction Information Providers shall be third party beneficiaries of the Disclaimers, Limitation of Liability, Indemnification, Arbitration, and Release provisions of these Terms and Conditions.