Terms and Conditions

Dispute Resolution; Binding Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court, to have a jury trial, and to participate in a class action.

By using this website or purchasing our products or services, if you are a resident of the United States, you and EGESTURES LLC (“we,” “us,” or “Company”) agree to resolve disputes through binding individual arbitration as described below. You may opt out within 30 days as provided in Section 8.

1. Scope of This Agreement to Arbitrate

You and the Company agree that any dispute, claim, or controversy arising out of or relating to (a) your access to or use of this website and any of its subdomains, (b) any products or services offered on the website, (c) these Terms & Conditions or any prior version, or (d) the collection, use, storage, sharing, or disclosure of any data or information, including through cookies, pixels, tags, analytics, advertising, or other tracking technologies, shall be resolved exclusively by final and binding arbitration on an individual basis, rather than in court, except as expressly provided in Section 7 (Small Claims and Injunctive Relief).

This agreement applies to claims that arose or accrued before you accepted these Terms, and to claims that may arise after termination of these Terms. It is intended to be interpreted broadly and includes, without limitation, claims based on contract, tort, statute (including privacy, wiretapping, consumer-protection, and unfair-competition statutes, and the Massachusetts Consumer Protection Act, G.L. c. 93A), fraud, or any other legal theory.

2. Informal Resolution First; Chapter 93A Demand MA

Before initiating arbitration, the party raising a dispute must first send the other a written Notice of Dispute describing the claim and the relief sought. Send Notices to the Company at admin @ israelflorist.com and 1337 Massachusetts Av, #144, Arlington MA 02476. The parties agree to attempt in good faith to resolve the dispute for 60 days after the Notice is received. This informal-resolution requirement is a condition precedent to commencing arbitration, and any applicable limitations period is tolled during this period. A Notice must be individualized; mass or templated notices submitted on behalf of multiple persons do not satisfy this requirement.

For any claim under the Massachusetts Consumer Protection Act (G.L. c. 93A), the written demand required by G.L. c. 93A, § 9 may be sent to the same address, and the parties intend the informal-resolution period above to run concurrently with, and not to shorten, the 30-day period provided by that statute. Nothing in this section waives, limits, or shortens any right, remedy, or notice period provided by G.L. c. 93A.

3. Arbitration Rules and Procedure MA

The arbitration will be administered by AAA — under its Consumer Arbitration Rules / JAMS — under its Streamlined or Consumer Arbitration Rules, as amended by this Agreement. If the selected provider is unavailable, the parties will agree on, or a court will appoint, a substitute. The arbitration will be conducted by a single neutral arbitrator. The seat of arbitration is Middlesex County, Massachusetts, provided that, for a consumer, telephonic, video, and document-only participation is available and any in-person hearing will be held in the U.S. county of the consumer’s residence or another mutually agreed location. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction. This Agreement is governed by the Federal Arbitration Act (FAA), which shall control in the event of any conflict; the Massachusetts Uniform Arbitration Act, G.L. c. 251, applies only to the extent it is not inconsistent with the FAA.

4. Delegation

The arbitrator, and not any court, has exclusive authority to resolve all threshold questions concerning the interpretation, applicability, enforceability, scope, or formation of this Agreement to Arbitrate, including any claim that all or part of it is void or voidable — except that a court of competent jurisdiction (not the arbitrator) shall decide the enforceability of the Class Action Waiver in Section 5.

5. Class Action Waiver MA

You and the Company agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or other representative proceeding.

The arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.

Preservation of statutory remedies. This waiver limits only the procedure by which claims are brought (individually rather than on a class or representative basis) and does not waive, limit, or cap any substantive remedy available under applicable law. On an individual basis, the arbitrator may award any and all relief that a court could award, including multiple (double or treble) damages and reasonable attorney’s fees and costs under the Massachusetts Consumer Protection Act, G.L. c. 93A, and any statutory damages, penalties, or fees available under other applicable statutes.

Blow-up / non-severability of this Section: If a court or arbitrator decides that this Class Action Waiver is unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request) shall be severed from arbitration and brought in a court of competent jurisdiction, but all other claims shall be arbitrated individually. In no event will class or representative claims be arbitrated.

6. Coordinated or Mass Arbitrations

If 25 or more similar Notices of Dispute or arbitration demands are asserted against the Company by or with the coordination or assistance of the same or coordinated counsel, the parties agree the demands will be administered in staged batches of no more than 50, with a single arbitrator resolving each batch as bellwether proceedings, and with filing and arbitration fees for later batches deferred until earlier batches conclude. The parties will use the outcomes of the bellwether batch in a good-faith global mediation before proceeding.

7. Small Claims and Injunctive Relief (Carve-Outs)

Either party may bring an individual claim in a small-claims court of competent jurisdiction instead of arbitration, so long as it remains an individual proceeding. Nothing in this Agreement prevents either party from seeking injunctive or equitable relief in court to protect intellectual property or confidential information.

8. 30-Day Right to Opt Out

You may opt out of this Dispute Resolution section (except the small-claims and injunctive-relief provisions) within 30 days of first accepting these Terms by sending written notice to admin @ israelflorist.com with your name, the email/account used, and a clear statement that you opt out of arbitration. Opting out will not affect any other part of these Terms and will not affect any prior or other arbitration agreement between you and the Company. If you do not opt out within 30 days, you agree to be bound by this section.

9. Jury Trial Waiver; Governing Law and Venue for Non-Arbitrable Matters MA

To the extent any claim proceeds in court rather than arbitration, you and the Company each waive any right to a jury trial. These Terms and any such claim are governed by the laws of the Commonwealth of Massachusetts without regard to conflict-of-laws rules, and the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Middlesex County, Massachusetts — specifically the Massachusetts Superior Court sitting in Middlesex County and the United States District Court for the District of Massachusetts — subject to the arbitration obligations above. This choice of Massachusetts law governs the interpretation of these Terms and does not determine the substantive law applied to any underlying statutory claim, which the arbitrator will decide under applicable law.

10. Severability and Survival

Except as stated in Section 5, if any part of this Dispute Resolution section is found unenforceable, the remainder will remain in full force and effect. This section survives termination of these Terms and the closing of any account.

11. Changes to This Section

If the Company materially changes this Dispute Resolution section after you accept it, the change will not apply to any dispute for which a Notice of Dispute was already given, and you may reject the change by notifying us at admin @ israelflorist.com within 30 days, in which case the most recent version you accepted will govern.

12. Application

This Dispute Resolution section applies to the maximum extent permitted by applicable law and only to residents of the United States. It does not apply where prohibited by applicable law, including as to consumers in the European Union, the United Kingdom, or other jurisdictions whose law renders arbitration agreements or class-action waivers unenforceable against consumers.