Terms and Conditions

Welcome to Floral Vault Fundraiser

Floral Vault, operated at www.floralvault.com (the "Site"), is a platform powered by New E.R.A. Community Group, Inc. ("New E.R.A.," "we," "us," or "our"). These Terms & Conditions govern your access to and use of our Site, platform, and services, including all content, products, features, and fundraising opportunities we offer (collectively, the "Offerings").

By participating in Floral Vault Fundraiser, you are joining a mission-driven initiative that empowers nonprofits, schools, sports teams, and community groups to raise funds through the sale of floral arrangements, merchandise, and accessories ("Floral Vault Swag"). Our goal is to provide an easy, effective, and impactful way for fundraisers to support causes they care about.

Agreement to Terms

By accessing any part of our Site or platform, or by using any of our Offerings, you agree to be legally bound by these Terms and Conditions, as well as any documents incorporated by reference. We may update these Terms periodically, and continued use of our services constitutes acceptance of any changes.

Important Legal Notice

General Terms and Conditions

The following terms and conditions govern your use of the Floral Vault Fundraiser platform, website, mobile applications, and related services.

1. Data Security & Fundraising Compliance

Our Data Security Policy (formerly "Privacy Policy") and Fundraising Guidelines (formerly "Fundraising Policy") are essential components of these Terms and Conditions and are hereby incorporated by reference. These policies govern how we collect, use, store, and protect personal information and outline the rules and responsibilities for fundraising activities on the Floral Vault Fundraiser platform.

The latest versions of both policies can be found on our Site and Fundraising Portal. In the event of any conflict between these documents and these Terms and Conditions, the following order of governance applies:

• Data Security Policy – Governs data protection, privacy rights, and user security.
• Fundraising Guidelines – Regulates eligibility, responsibilities, and compliance for fundraisers.
• Terms & Conditions – Establishes the general rules of engagement for using our platform.

We encourage all users to review these policies regularly to ensure full compliance. If you have any questions, please contact info@floralvault.com for assistance.

2. User Accounts & Access

To utilize certain features of the Floral Vault Fundraiser, users may need to create a Floral Vault Account ("Account") through our Fundraising Portal (desktop access is currently unavailable). Your Account acts as your personalized gateway for managing fundraisers, making purchases, and engaging with our fundraising platform.

Eligibility & Account Creation

To ensure platform integrity, only U.S. residents may:

• Create a Floral Vault Account.
• Use the Site and/or Fundraising Portal (except for general informational browsing).

By registering an Account, you confirm that:

• All information provided is truthful, accurate, and legally compliant.
• You are the sole owner of the Account and are not using another person‘s credentials without explicit authorization.
• Your use of the platform adheres to all applicable laws and regulations.

Account Security & User Responsibilities

Your Account security is your responsibility at all times. This includes:

• Keeping login credentials secure, including usernames, passwords, and Multi-Factor Authentication (MFA) codes.
• Ensuring only you or authorized users access your Account.
• Immediately reporting any suspected breaches, unauthorized access, or security concerns.

Floral Vault will not be liable for any loss, damage, or claims resulting from unauthorized access unless it is a direct result of our gross negligence or willful misconduct.

Fraud Prevention & Device Restrictions

To enhance security and prevent fraudulent activities, access to our platform is restricted from:

• Non-wireless devices, such as desktop computers using landlines or Voice over Internet Protocol (VoIP) connections.
• Automated systems, unauthorized third-party applications, or bots attempting to access the platform.

By using our platform, you authorize your wireless carrier to share relevant account and device verification details with Floral Vault or its security service providers for fraud prevention and identity verification.

For more details on data security and how we protect your information, please refer to our Data Integrity & Fundraising Compliance Policy.

3. Minors & Age Restrictions

The Floral Vault Fundraiser platform, including our Site, Fundraising Portal, and Services, is designed for users who are 18 years or older.

Parental Supervision for Minors

Individuals under 18 years of age may only use our platform under the direct supervision of a parent or legal guardian. In such cases:

• The adult assumes full responsibility for the minor‘s use of the platform.
• All transactions, fundraiser management, and interactions are considered actions of the supervising adult.

California Minors & Content Removal

If you are a California resident under 18 years of age and have posted content on our platform that you wish to remove, you may request deletion by contacting us at:

📧 Email: support@floralvault.com

For additional details on California privacy rights, including the removal of personal information, please refer to our Data Security & Fundraising Compliance Policy.

4. Warranty & Disclaimers

At Floral Vault, we aim to provide accurate and up-to-date information on our Fundraiser Site & Digital Platform; however, the descriptions, content, and details provided are for general informational purposes only. They may not include all terms, conditions, and exclusions related to our products or services. We do not guarantee that the information on our platform will always be:

• Comprehensive, error-free, or suitable for your specific needs.
• Continuously updated or free from interruptions
• Protected from viruses, bugs, or other technical issues

All text, images, and content are provided "as is", without any express or implied warranties, including but not limited to:

• Merchantability (fitness for general use).
• Suitability for a specific purpose
• Non-infringement of intellectual property rights

We cannot guarantee uninterrupted access to our platform or that any technical issues will be immediately corrected. Users acknowledge that downtime or system errors may impact fundraiser stores, sales, or participation in promotions and contests.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these limitations may not apply to you. If you have any concerns or require assistance, please contact us at:

📧 Email: support@floralvault.com

5. Reservation of Rights

Floral Vault Fundraiser and New E.R.A. Community Group, Inc. expressly reserve all rights not explicitly granted within these Terms and Conditions. No provision in these Terms shall be interpreted as waiving or limiting any intellectual property, contractual, or legal rights that Floral Vault Fundraiser holds, whether by law, contract, or otherwise.

Any unauthorized use of our platform, services, content, trademarks, or proprietary information may result in legal action or restrictions on access.

We reserve the right to modify, suspend, or discontinue any aspect of the Floral Vault Fundraiser platform at our sole discretion without prior notice.

6. Intellectual Property & Content Usage

All text, images, data, illustrations, files, audio and video clips, designs, documents, and other materials (As a whole, the "Floral Vault Content") available on the Floral Vault Fundraiser Site and Fundraising Portal are the exclusive property of New E.R.A. Community Group, Inc., its affiliates, and licensors. These materials may be protected by copyright, trademark, and other intellectual property rights.

Any unauthorized use of our platform, services, content, trademarks, or proprietary information may result in legal action or restrictions on access.

We reserve the right to modify, suspend, or discontinue any aspect of the Floral Vault Fundraiser platform at our sole discretion without prior notice.

Permitted Use

We encourage you to explore and engage with Floral Vault Content, but your use is strictly limited to personal, non-commercial purposes. By downloading, printing, or otherwise using our Content, you agree to:

• Use it solely for personal and non-commercial purposes.
• Comply with these Terms and Conditions.
• Refrain from modifying, reproducing, distributing, or exploiting any content without permission.

Restrictions & Unauthorized Use

The following actions are strictly prohibited without our prior written consent:

• Commercial use of any Floral Vault Content.
• Reproduction, distribution, or publication beyond personal use.
• Modifications, adaptations, or derivative works based on our Content.

We reserve the right to remove, modify, or restrict access to any Content at our sole discretion. If you wish to use our Content for commercial or non-standard purposes, you must obtain written permission from us. Such permission may be granted on a case-by-case basis, and we reserve the right to charge a fee for such use. For inquiries regarding content usage, please contact us at info@floralvault.com.

7. Termination

Floral Vault Fundraiser reserves the right to modify, suspend, or discontinue any part of the Floral Vault Site, Digital Fundraising Platform, and Services at any time. While we strive to provide uninterrupted access, we may, at our discretion, discontinue certain features, services, or functionalities.

Whenever possible, we will make reasonable efforts to notify users in advance of any significant changes or discontinuations. However, we are not liable for any inconvenience, loss, or disruption caused by such modifications, suspensions, or terminations.

If you have any questions regarding platform changes, please contact us at support@FloralVault.com.

8. Governing Law & Dispute Resolution

IMPORTANT NOTICE: ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER

By using the Floral Vault Fundraiser platform, including our Digital Platform, Website, and Services, you acknowledge and agree that any disputes between you and us will be resolved through binding individual arbitration, meaning you waive your right to a jury trial or participation in a class action lawsuit. Please review this section carefully.

Jurisdiction & Governing Law

• The Floral Vault Fundraiser platform shall be governed and interpreted under the laws of the State of Michigan, without regard to conflict-of-law principles.
• The use of our platform does not establish personal jurisdiction over Floral Vault in any location outside of Michigan.
• Refrain from modifying, reproducing, distributing, or exploiting any content without permission.

Arbitration Agreement

Any legal claims, disputes, or controversies arising from your use of the Floral Vault Fundraiser platform, services, or these Terms & Conditions must be resolved through binding arbitration in Detroit, Michigan.

• Arbitration will be handled in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA).
• The arbitration process will be confidential and conducted before a panel of three arbitrators, each experienced in commercial contract disputes for at least seven (7) years and having presided over multiple arbitration cases.
• If an arbitrator cannot be mutually agreed upon within twenty (20) days, the AAA will appoint one.
• A written decision will be issued, including factual and legal conclusions, as well as an allocation of costs, attorney fees, and expenses.

We reserve the right to modify, suspend, or discontinue any aspect of the Floral Vault Fundraiser platform at our sole discretion without prior notice.

Waiver of Jury Trial & Class Action

By agreeing to these Terms & Conditions, both you and Floral Vault Fundraiser expressly waive:

• The right to trial by jury for any disputes related to the platform.
• The right to join or initiate a class-action lawsuit against Floral Vault.
• The right to engage in discovery or appeals as you would in a traditional court case.

Exceptions to Arbitration Requirement

While arbitration is the primary method of dispute resolution, the following exceptions apply:

• Floral Vault Fundraiser may seek injunctive relief or specific performance in court to prevent unauthorized use of its platform.
• You may bring an individual claim in small claims court if applicable.
• You may pursue a case in a court of competent jurisdiction if arbitration is not a legally enforceable resolution in your case.

If you do not agree with this dispute resolution framework, your only recourse is to discontinue use of the Floral Vault Fundraiser platform and services. If you continue to use the platform, you explicitly accept these terms and waive any right to dispute them.

For any questions or concerns regarding dispute resolution, please contact us at support@FloralVault.com.

9. Limitation of Liability

To the maximum extent permitted by Michigan law, neither New E.R.A. Community Group, Inc. dba Floral Vault Fundraiser, nor any of its affiliates, nor any of their respective owners, partners, members, managers, officers, employees, agents, or representatives (collectively, the “Floral Vault Parties”) shall be liable for any direct, indirect, consequential, compensatory, special, punitive, or incidental damages, including but not limited to lost revenue, lost profits, service interruptions, fundraising losses, or data breaches (even if Floral Vault Fundraiser has been advised of the possibility of such damages).

This includes, but is not limited to, damages resulting from:

• (A) The use of, reliance on, or inability to use the Floral Vault Fundraiser Site, Digital Platform, and/or Services;
• (B) Any conduct or content of third parties on the Floral Vault Fundraiser Site, Digital Platform, and/or Services;
• (C) The content or services provided on or received from the Floral Vault Fundraiser Site, Digital Platform, and/or Services; or
• (D) Unauthorized access, use, or alteration of User Content.

Additionally, Floral Vault Fundraiser integrates third-party services such as Stripe (for credit card transactions), FedEx (for local delivery), and UPS (for local delivery). By using these services, you agree to their respective terms and conditions, available on their official websites. Floral Vault Fundraiser is not responsible for errors, delays, or service failures caused by these third-party providers.

To the fullest extent permitted by Michigan law, in no event will the aggregate liability of all Floral Vault Parties to you for all damages, losses, or causes of action (whether based in contract, negligence, statutory liability, or otherwise) exceed the greater of:

• The total amount paid by you to Floral Vault Fundraiser in the twelve (12) months before a claim arises; or
• One Hundred Twenty Five ($125.00).

Nothing in this Limitation of Liability shall exclude or limit liability for gross negligence, intentional misconduct, fraud, or violations of statutory duties where such exclusions are prohibited by Michigan law. Some jurisdictions do not allow the exclusion or limitation of certain types of liability, so the above limitations may not apply in all cases.

10. Third-Party Links & Access to the Floral Vault Fundraiser

If you access the Floral Vault Fundraiser platform through a third-party website, social media page, or external link, please be aware that such redirection does not establish any formal affiliation, endorsement, or partnership between Floral Vault and the external entity. We do not control, review, or assume responsibility for the content, policies, or practices of any third-party websites that link to our platform.

Mobile & Messaging Charges

By engaging with the Floral Vault Fundraiser through mobile devices, including SMS communications, you acknowledge that:

• Message and data rates may apply, depending on your mobile carrier.
• The frequency of text communications may vary based on your engagement with our platform.
• You are solely responsible for any charges incurred from your mobile provider.

If you have any concerns about potential costs, we encourage you to check with your service provider before opting into mobile-based services.

11. Contact Information

If you need to contact Floral Vault Fundraiser for any reason, including:

• Information regarding our products and services
• Requests for permission to reproduce or use any Floral Vault content
• Notices of claimed copyright infringement under the Digital Millennium Copyright Act (DMCA)
• General inquiries, customer support, or technical assistance

Please reach out to us at:

DMCA Notices:

For copyright-related concerns under the DMCA, please direct your notices to our Copyright Agent at the email address above. Please note that failure to comply with all DMCA notice requirements may result in an invalid claim.

For all other customer service requests, product inquiries, and general feedback, we encourage you to reach out to Floral Vault Support at the same contact details provided.

12. Platform Availability & Access

At Floral Vault, we strive to maintain seamless access to our Fundraiser Site & Digital Platform, ensuring a smooth experience for all users. However, from time to time, access to our platform and services may be temporarily unavailable due to:

By engaging with the Floral Vault Fundraiser through mobile devices, including SMS communications, you acknowledge that:

• Scheduled maintenance, updates, and system improvements
• Unforeseen technical issues or equipment malfunctions
• External disruptions beyond our control (e.g., internet outages, third-party service failures, or cybersecurity threats)

While we work diligently to minimize downtime, Floral Vault is not responsible for any interruptions, delays, or temporary inaccessibility of the platform. We do not offer compensation for these occurrences, but rest assured, we prioritize resolving any issues as quickly as possible to restore full functionality. If you experience extended disruptions, please contact support@floralvault.com for assistance.