Seasonal Celebrations, LLC
Terms of Use
Last Updated: April 12, 2024
Welcome to the Seasonal Celebrations, LLC (the "Company," “we,” “us”). website https://www.seasonalcelebrations.com (the “Site”). We have created the Site to provide you with information about our products and services.
These terms of use (“Terms”) govern your access to and use of the Site and its Content. By accessing and using the Site, you are entering into a binding contract with the Company in accordance with these Terms.
NOTICE OF MANDATORY ARBITRATION CLAUSE:
THESE TERMS 1) CONTAIN PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN IN COURT, A JURY TRIAL, OR A CLASS ACTION AND 2) LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR TO RECEIVE A JURY TRIAL UNDER THESE TERMS. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION OF THESE TERMS BEFORE YOU ACCESS OR USE THE SITE.
ACCEPTANCE OF THESE TERMS
By accessing and using the Site, you agree, on behalf of yourself or any entity that you represent, that you have read and understand these Terms. These Terms are a binding legal agreement between us.
CHANGES TO THESE TERMS
We may update these Terms from time to time in our sole discretion. All changes are effective immediately upon posting to this Site. You agree to be bound by any revised Terms if you continue to access and use the Site after we post updated Terms. If we make material changes to these Terms, we will post a notice at the top of these Terms, on the homepage of the Site or otherwise communicate with you.
OUR PRIVACY PRACTICES
We respect the privacy of our customers and others who visit our Site and when handling your Personal Information. For purpose of these Terms, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information excludes publicly available information, aggregated or deidentified consumer information, or information which is otherwise excluded under applicable data protection laws. To learn more about how we collect, use, secure and share or disclose your Personal Information, please see our Privacy Policy at ____________________[link].
SITE ACCESS
We provide the Site and the Content for general informational purposes for the convenience of our visitors, customers, business partners, service providers, employees and job applicants. The Site contains certain Content, features, and tools that allow visitors to review information about our products and services, how to purchase our products, resources for trade professionals, and information regarding product support, including information about the installation, care, use and maintenance of your appliances. We reserve the right to suspend, restrict or terminate all or a portion of the Site or your access to or use of the Site at any time, without prior notice.
OWNERSHIP AND USE OF SITE AND CONTENT; INTELLECTUAL PROPERTY RIGHTS
The Site and all of its content, features, and functionality (including but not limited to all information, software, text, displays, images, drawings, designs, software applications, video and audio, photographs, graphics, messages, postings, files, documents, and other materials and its design, selection, and arrangement) (“Content”) are owned by the Company or its licensors and are subject to certain copyright, trademark, patent, trade secret or other intellectual property rights throughout the US and the world.
We permit you to view and download certain Content from the Site for your personal use, such as technical information, product literature, and other materials regarding our products and services. You may not access, copy, modify, reproduce, publicly display, transmit, distribute or create derivative works from the Content for any commercial purpose. You may not use the Content on any other website, social media site, or networked computer environment (such as an intranet or extranet) for any purpose without the prior written permission of the Company, which may be granted or denied in the Company’s sole discretion. Unauthorized use of the Content may violate our intellectual property rights or the intellectual property rights of others. If you fail to comply with these Terms, your authorization to use this Site and its Content will automatically terminate.
TRADEMARKS
The Company holds a number of registered or common law trademarks and service marks (“Company Marks”). The Company Marks may only be used with the prior express written permission of Company. The Company Marks may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits the Company, our products and services or the Site. You have no right to use any Company Marks or those of any other entity by virtue of your use of this Site.
ACCEPTABLE USE POLICY – As a user of this Site, you agree to comply with the following rules and obligations:
Compliance with Laws
You agree to use the Site, your account, and the Content in compliance with applicable international, federal, state, and local laws, rules, and regulations (“Applicable Laws”).
Protection of Intellectual Property Rights
You agree not to:
use the Site or its Content in a manner which infringes or misappropriates the intellectual property rights of the Company or any third party
modify, adapt, translate, copy, distribute, re-publish, transmit, broadcast, display, perform, reproduce, publish, reuse, sell, resell, license, create derivative works of, or transfer the Site or its Content in whole or in part
create the false appearance that any program, person, or entity is associated with you, the Company, the Site, or any third party
corrupt, damage or delete the Content
Misuse of the Site or the Content
You agree not to use the Site or the Content:
in a manner that could harm any person or property
to create a competitive product or service offering
in a manner which does or has the potential to, in our sole opinion, damage or dilute the reputation of the Company, its affiliates, distributors, dealers, service providers, parts suppliers, employees or its third-party providers and the goodwill associated with the Company’s name or other Company Marks
interfere with another’s use or enjoyment of the Site
corrupt, damage or delete the Content
harass, annoy, intimidate, or threaten any person
send chain letters or junk mail or spam
access the Site for any reason other than your personal use and the informational purposes for which the Site is intended
use the Site for the solicitation of business in the course of trade or in connection with a commercial enterprise
Interference with Operation of the Site.
You agree not to:
engage in activities that could render the Site inoperable, interfere with the Content or the functionality of the Site or make use of the Site more difficult
attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site, its Content, or the Site’s servers
introduce any virus, Trojan horse, worm, or other malware which is harmful to the Site, its Content or its servers;
disrupt, interfere with, overburden, or otherwise harm or violate the security of the Site, system resources, servers or networks connected to or accessible through the Site
attempt to gain unauthorized access to other computer systems from or through the Site
deep link to the Site or access the Site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, gather, retrieve, copy, or monitor any portion of the Site, its Content or any data; or
attack the Site via a denial-of-service attack or distributed denial-of-service attack.
If you violate this Acceptable Use Policy, the Company may not have an adequate remedy at law and monetary compensation may not be a sufficient remedy. In that event, we may seek immediate injunctive relief, without the need to post a bond. We reserve all of our statutory and common law rights against any person or entity that violates this Acceptable Use Policy and may suspend or terminate your ability to use the Site and its Content for a violation of this Acceptable Use Policy.
COPYRIGHT LAW VIOLATIONS
We respect the intellectual property rights of others and are committed to complying with the copyright laws. We comply with the Digital Millennium Copyright Act (“DMCA”) and will promptly investigate any claims of copyright infringement upon receipt of written notice thereof.
If you believe your copyright or the copyrights of a third party are being infringed because of Content on our Site, please contact us.
LINKS TO OTHER WEBSITES
We provide links to third-party websites from our Site as a convenience to our visitors. If you use these links, you will leave this Site. The Company does not control and is not responsible for any of those websites or their content. The Company does not endorse or make any representations about such third-party websites, or any information, software, content or other products or materials available on those third-party websites. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk.
"AS-IS" CONTENT/WARRANTY DISCLAIMERS
THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS-IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. COMPANY MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE CONTENT, LISTED PRODUCTS OR THE SITE.
THE SITE AND ITS CONTENT MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE THE SITE OR CONTENT. CONTENT AVAILABLE ON THE SITE MAY REFER TO PRODUCTS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY OR LOCAL AREA. CONSULT THE COMPANY DIRECTLY FOR INFORMATION REGARDING THE PRODUCTS AND SERVICES THAT ARE CURRENTLY AVAILABLE TO YOU. WE EXPRESSLY DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM OR RELIANCE UPON THE USE OF THE SITE OR THE CONTENT BY ANY VISITOR OR THIRD PARTY.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE SITE OR CONTENT WILL BE FREE OF VIRUSES OR MALWARE. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, MALWARE OR OTHER HARMFUL MATERIAL DUE TO YOUR USE OF THE SITE OR ITS CONTENT. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH CONTENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE, OR YOUR DOWNLOAD OF CONTENT FROM THE SITE.
LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES EXCLUSION
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, DISTRIBUTORS, SERVICE PROVIDERS, EMPLOYEES OR AGENTS (“COMPANY PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, OR THE RESULTS OF YOUR USE OF THIS SITE, ITS CONTENT, OR ANY WEBSITES LINKED TO THIS SITE.
IN NO EVENT SHALL THE COMPANY OR THE COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF GOODWILL, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company and the Company Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or related to your violation of these Terms, or your use of the Site, or its Content.
DISPUTE RESOLUTION – BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Agreement to Arbitrate.
Any controversy, claim, or dispute — whether in contract, tort, statute, or otherwise — between the Company, the Company Parties and you, arising from use of the Site, the Content or these Terms, shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”). There are some exceptions to this mandatory arbitration provision. Specifically, either party may at any time bring a suit with regard to (1) any dispute seeking to enforce or protect, or concerning the validity of, any of your or the Company’s intellectual property rights; (2) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use of the Site or the Content; (3) any claim for injunctive relief; and (4) any claim falling under the jurisdiction of small claims court.
Waiver of Rights. BOTH THE COMPANY AND YOU AGREE THAT BY AGREEING TO THESE TERMS WHEN YOU ACCESS AND USE THE SITE AND THE CONTENT, WE ARE BOTH WAIVING THE RIGHT TO HAVE THOSE DISPUTES RESOLVED IN COURT OR BY JURY TRIAL. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE COMPANY, THE COMPANY PARTIES AND THEIR SUCCESSORS AND ASSIGNS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING. ANY DISPUTES ARISING UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS USING BINDING ARBITRATION. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. IF THIS CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, YOU AND THE COMPANY EACH AGREE NOT TO SEEK, AND WAIVE ANY RIGHT, TO ARBITRATE, LITIGATE OR OTHERWISE RESOLVE ANY DISPUTE THROUGH CLASS OR COLLECTIVE CLAIMS.
OPT-OUT OF AGREEMENT TO ARBITRATE:
IF YOU WISH TO OPT OUT OF THIS AGREEMENT TO ARBITRATE, YOU MUST SENT US AN EMAIL OR A LETTER TO THE ADDRESS BELOW ENTITLED: “REQUEST TO OPT OUT OF AGREEMENT TO ARBITRATE” WITHIN 45 DAYS OF THE EFFECTIVE DATE OF THESE TERMS OF USE, THE DATE YOU FIRST USE THE SITE OR THE EFFECTIVE DATE OF ANY UPDATED TERMS OF USE, WHICHEVER IS LATER.
Seasonal Celebrations, LLC
[1377 Broadcloth Street, Ste 202 Fort Mill, SC 29715]
[welcome@workshareservice.com]
Arbitration Process
Either the Company or you may bring an arbitration proceeding under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Arbitration Rules of the AAA. You may obtain instructions on how to file arbitration with AAA by calling AAA at 1 (800) 778 7897 or online at www.adr.org or we can assist you in contacting AAA.
If a party wishes to bring an arbitration proceeding under these Terms, that party must send written notice of the dispute by letter or email to the other party. The notice must contain (a) an explanation of the dispute; and (b) describe the specific remedy or award you are seeking from the arbitrator.
Within 15 days after the commencement of arbitration, the parties shall choose an arbitrator. If the parties are unable or fail to agree upon the arbitrator within the allotted time, the arbitrator shall be appointed by AAA in accordance with its rules. The arbitrator must have at least 10 years of experience with online terms and shall serve as a neutral, independent, and impartial arbitrator.
Claims shall be heard by a single arbitrator. For any claim where the total amount of the award sought is $10,000 or less: (1) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (2) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by AAA rules and the hearing (if any) will take place in your state of residence within a reasonable distance of your primary residence.
Time Limitation
To bring an arbitration action, a party must file a demand for arbitration no later than one year after the date that party first becomes aware of, or should have known of, the claim subject to arbitration, or that claim will be time barred and you will have no right to seek any other remedy. In instances where a one-year time limit is prohibited, the claim must be brought within the shortest time period permitted by applicable law.
Fees
The fees you incur in arbitration and your share of the arbitrator’s fees are limited, as set forth in the AAA rules. The arbitrator is required to issue a written decision sufficient to explain the facts and legal conclusions on which the decision and award are based. The arbitrator may resolve disputes as to the payment and reimbursement of fees or expenses during the arbitration proceeding, or if requested by a party, within 14 days of the arbitrator’s issuance of an award. There shall be no punitive, exemplary, incidental or consequential or other special damages in the arbitration proceeding.
Binding Decision
The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
FAA
This agreement to arbitrate involves interstate commerce, and, therefore, shall be governed by the federal arbitration act, 9 U.S.C. 1-16 (“FAA”), and not by state law. This agreement to arbitrate is intended to be interpreted broadly pursuant to the FAA.
Confidentiality
The arbitration and all information disclosed during the arbitration are confidential. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
The parties will not make any comments or announcements to the public about the filing of, subject matter or outcome of the arbitration.
Governing Law
This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of South Carolina, without reference to its conflict of law principles.
Venue for Litigation
If the agreement to arbitrate is found to be unenforceable or does not apply to a given dispute, or if you opt out of the agreement to arbitrate as provided above, then, unless prohibited by applicable law, the proceedings must be brought exclusively in the United States District Court for the District of South Carolina or the state courts of South Carolina located in York County, South Carolina, as applicable. You agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
ACCESS TO SITE
This Site is administered by the Company based in Fort Mill, South Carolina, USA. The Company makes no representation that materials on this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the content of this Site or any copy or adaptations in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
NOTICE AND ELECTRONIC COMMUNICATIONS
All notices, consents, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified United States mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, where you are the recipient, upon delivery by email. These Terms and any other documentation, agreements, notices, or communications between you and the Company may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
NO WAIVER
No waiver by the Company of any term or condition set forth in these Terms shall be deemed a waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right under these Terms shall not constitute a waiver of such right.
SEVERABILITY.
If any provision of these Terms 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 these Terms will continue in full force and effect.
ASSIGNMENT
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent, which may be withheld in our sole discretion.
SURVIVAL
Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Site and the Content.
ENTIRE AGREEMENT
These Terms constitute the sole and entire agreement between you and the Company with respect to your use of the Site and its Content and supersede all prior and contemporaneous understandings, agreements, representations and warranties with respect thereto.
CONTACT US: If you have any questions about these Terms, please contact us:
By Phone: [803-547-8598] (Customer Service)
By Mail: [1377 Broadcloth Street Ste, 202 Fort Mill, SC 29715] (Customer Service)
By E-mail: [welcome@workshareservice.com]