Last updated March 9th, 2021.
Please read these Terms and Conditions (the “Terms” or “Terms and Conditions”) carefully before using the orangeandrose.com website (the “Website”) operated by Orange & Rose Events, LLC., a Florida Limited Liability Corporation d/b/a Orange and Rose Events and orangeandrose.com (“us”, “we”, “our”, “Orange and Rose Events”) as these Terms and Conditions contain important information regarding limitations of our liability.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, (Section 12) AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. (Section 10).
The following additional terms are incorporated into this Agreement as if fully set forth herein:
3. Changes to Terms and Services
We may update these Terms and Conditions from time to time in our sole discretion. The modified Terms and Conditions will be effective thirty (“30”) days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes.
If you do not agree with the modified Terms and Conditions, you should stop using the Site.
4. Your Responsibilities
Orange and Rose Events reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. Orange and Rose Events will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Orange and Rose Events may restrict access to some parts of the Site, or the entire Site.
Orange and Rose Events has the right to terminate your access to the Site or Sites for any reason, including, without limitation, if Orange and Rose Events, in its sole discretion, considers your use to be unacceptable. Orange and Rose Events may, but shall not be under no obligation to, provide you a warning prior to termination of your use of the Site or Sites. If we terminate your use of the site, you will be eligible for a refund of any orders, so long as termination took place before the relevant cutoff time. Upon any expiration, termination, discontinuation, or cancellation of Services or your Account, the following Terms will survive: all provisions regarding refunds or credits, content ownership, warranty disclaimers, limitations of liability, indemnity, and dispute resolution.
6. Intellectual Property
6.1 Site Content
The entire contents of the Site or Sites are copyrighted as a collective work under the laws of the United States and other copyright laws. Orange and Rose Events holds the copyright in the collective work. The collective work includes works which may be the property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site or Sites solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site or Sites
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Orange and Rose Events or its affiliates, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you access to the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.
You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Orange and Rose Events. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The Orange and Rose Events name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Orange & Rose Events, LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Orange and Rose Events. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
6.3 Copyright Protection
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Orange and Rose Events (as set forth below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number, and email address.
A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to Orange & Rose Events LLC, Attn: Dischino & Schamy, PLLC, 4770 Biscayne Blvd., Suite 1280, Miami, FL 33137. In an effort to protect the rights of copyright owners, Orange and Rose Events maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
6.4 Changes to the Site
Orange and Rose Events may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and Orange and Rose Events is under no obligation to update such material.
7. Online Purchases and Other Terms and Conditions
All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions.
Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
8. Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Orange and Rose Events has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Orange and Rose Events may disable all or any social media features and any links at any time without notice in our discretion.
The Sites and/or Site, the content, and the meals are provided on an “as is” and “as available” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, ORANGE AND ROSE EVENTS, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT.
Orange and Rose Events makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites and/or Site. Orange and Rose Events cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Orange and Rose Events cannot and does not guarantee or warrant that files available for downloading from these Sites and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Orange and Rose Events cannot and does not guarantee or warrant that any content you post on the Sites will remain on the Sites. Orange and Rose Events does not warrant or guarantee that the functions or services performed on the Sites and/or Site will be uninterrupted or error-free or that defects in the Sites and/or Site will be corrected.
10. Limitation of Liability
ORANGE AND ROSE EVENTS’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH ORANGE AND ROSE EVENTS IS TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES. ORANGE AND ROSE EVENTS AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR SITE AND/OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR SITE AND/OR SERVICES. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ORANGE AND ROSE EVENTS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. 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, ORANGE AND ROSE EVENTS’S AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold Orange and Rose Events, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Sites and/or Site, including, but not limited to, any content that you may post, any use of the Sites’ and/or Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Site.
12. Resolving Disputes — Arbitration
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer service department through the contact page. If Orange and Rose Events’ customer service department is unable to resolve a complaint you may have to your satisfaction (or if Orange and Rose Events has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small-claims court instead of in courts of general jurisdiction.
All disputes or claims that arise under or relate to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small-claims court or by individual arbitration in accordance with the rules of the American Arbitration Association (“AAA”). Unless you and Orange and Rose Events agree otherwise, any arbitration hearings will take place in Miami-Dade County, Florida. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879.
You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR ORANGE AND ROSE EVENTS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
13. Waiver and Severability
No waiver by Orange and Rose Events of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Orange and Rose Events to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
14. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules.
15. Entire Agreement
Orange and Rose Events may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your Orange and Rose Events account. You may give notice to Orange and Rose Events at any time via electronic mail or by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:
Orange & Rose Events LLC, Attn: Dischino & Schamy, PLLC, 4770 Biscayne Blvd., Suite 1280, Miami, FL 33137